title-92•Title 92 Ill. Adm. Code — Transportation
# Title 92 Ill. Adm. Code — Transportation
## **Chapter I** DEPARTMENT OF TRANSPORTATION SUBCHAPTER a: GENERAL
### **Part 5** Disadvantaged Business Revolving Loan Program
##### **92 Ill. Adm. Code 5.10** Program Overview {#sec-5.10 omnilex-key=us-il-regs-official--title-92--5.10}
a) Section 2705-610 of the Department of Transportation Law of the Civil Administrative Code of Illinois (Law) [20 ILCS 2705/2705-610] establishes a low-interest loan program for disadvantaged business enterprises (DBEs) certified by the Department for participation on Department-procured construction and construction-related contracts. (Section 2705-610(c) of the Law.) The Department is authorized to provide for assistance to DBEs with project financing costs for those firms that are ready, willing, and able to participate on Department construction contracts. The Department's disparity study recommends and supports a financing program to address this barrier faced by DBEs. (Section 2705-610(a) of the Law)
b) The funds for this program are appropriated annually by the Illinois General Assembly from the Working Capital Revolving Loan Fund established as a special fund in the State treasury. (Section 2705-610(d) of the Law)
##### **92 Ill. Adm. Code 5.20** Effective Date {#sec-5.20 omnilex-key=us-il-regs-official--title-92--5.20}
This Part applies to loans made for the fiscal year beginning July 1, 2013 and ends June 1, 2018.
##### **92 Ill. Adm. Code 5.30** Purpose {#sec-5.30 omnilex-key=us-il-regs-official--title-92--5.30}
The purpose of this Part is to implement Section 2705-610 of the Law by providing procedures, conditions and limitations applicable to low-interest loans made to DBE loan applicants.
##### **92 Ill. Adm. Code 5.40** Definitions {#sec-5.40 omnilex-key=us-il-regs-official--title-92--5.40}
Each term in this Part has the meaning set forth as follows unless its use clearly requires a different meaning.
"Applicant" means any eligible DBE who is applying for a loan under the Law and this Part.
"Application" means those forms and documents required by the Department to be submitted by an applicant in support of its request for a loan granted under this Part.
"Certified by the Illinois Department of Transportation" means the DBE is certified by the Unified Certification Program, of which the Department is a member, for all purposes under this Part.
"Code" means the Illinois Procurement Code [30 ILCS 500].
"Committee" means the Loan Selection Committee created by the Department in accordance with Section 7705-610(c) of the Law and Section 5.110 of this Part.
"Construction" means building, altering, repairing, improving, or demolishing any public structure or building, or making improvements of any kind to public real property. Construction does not include the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property. (Section 2705-610(b) of the Law)
"Construction-related Services" means those services including construction design, layout, inspection, support, feasibility or location study, research, development, planning, or other investigative study undertaken by a construction agency concerning construction or potential construction. (Section 2705-610(b) of the Law)
"Contractor" means one who participates, through a contract or subcontract at any tier, in a United States Department of Transportation-assisted or Illinois Department of Transportation-assisted highway, rail, transit, or airport program. (Section 2705-610(b) of the Law)
"Conventional Lender" means a federally or state chartered bank or credit union.
"Department" means the Illinois Department of Transportation.
"Disadvantaged Business Enterprise" or "DBE" has the meaning ascribed to it under 49 CFR 26.5 (2013), unless rebutted pursuant to 49 CFR 26.67(b).
"Eligible Expenditures" means expenditures that are current liabilities or working capital expenses associated with participation in the performance of contracts procured and awarded by the Department for transportation construction and construction-related purposes. (Section 2705-610(f) of the Law)
"Escrow Account" means a fiduciary account established with:
a banking corporation which is both organized under the Illinois Banking Act [205 ILCS 5] and authorized to accept and administer trusts in this State; or
a national banking association which has its principal place of business in this State and which is authorized to accept and administer trusts in this State. (Section 2705-610(b) of the Law)
"Escrow Agent" means the State or national bank or trust company having authority to administer an escrow account.
"Fund Control Agent or Agents" means a person who provides managerial and technical assistance to DBEs and holds the authority to manage a loan under this Part. The Fund Control Agent or Agents will be procured by the Department under a request for proposal process governed by the Illinois Procurement Code [30 ILCS 500] and rules adopted under that Code (see 44 Ill. Adm. Code 6). (Section 2705-610(b) of the Law)
"Ineligible Expenditures" means the expenses listed in Section 5.130.
"Law" means the Department of Transportation Law of the Civil Administrative Code of Illinois [20 ILCS 2705/2705-610].
"Loan" or "Loan Assistance Funds" means a low-interest line of credit made available to a selected DBE under this Part for the purposes set forth in Section 5.30. (Section 2705-610(b) of the Law)
"Partial Payment" means a payment made to the prime contractor, subcontractor or lower tiered subcontractor based upon the engineer's written estimate of the quantity of work performed and material allowances that are advanced.
"Prime Contractor" means the individual, firm, partnership, joint venture or corporation contracting with the Department for performance of prescribed work.
"Prime Rate" means the minimum interest rate charged by a commercial bank on short-term business loans to large, best-rated customers or corporations.
"Program" means the Disadvantaged Business Revolving Loan Program.
"Secretary" means the Secretary of the Illinois Department of Transportation.
"State" means the State of Illinois.
"Unified Certification Program" has the meaning established in Subpart E of 49 CFR 26.
##### **92 Ill. Adm. Code 5.50** Eligibility {#sec-5.50 omnilex-key=us-il-regs-official--title-92--5.50}
To be eligible to receive a loan under this Part, the applicant will meet all of the following criteria:
a) The applicant must be a DBE certified by the Unified Certification Program, of which the Department is a member, for participation on Department-procured construction and construction-related contracts. (Section 2705-610(c) of the Law)
b) The applicant must demonstrate in the loan application not less than two years of experience participating in transportation construction or construction-related projects.
c) The applicant must have been denied a loan for operating expenses or costs from two or more conventional lenders, such as a bank or credit union.
d) The loan denials referenced in subsection (c) must have requested a loan amount that is no more than 50% greater than the loan amount requested under this Part.
e) If the applicant is incorporated, the corporate entity must not have had a bankruptcy or foreclosure in the past five years. If the applicant is not incorporated, the owners and principals of the entity must not have had a bankruptcy or foreclosure in the past five years.
f) The applicant must not currently be encumbered by tax liens, criminal liens or restitution orders, judgment liens or offsets that could attach to, or require payment from, the loan or that requires repayments to be made by the loan funds granted under this Part.
g) The applicant must not be delinquent in payment of any debt to the State of Illinois, as defined by Section 50-11 of the Illinois Procurement Code (Code) [30 ILCS 500/50-11], that has not been satisfied or for which a repayment plan has not been entered into with the State.
##### **92 Ill. Adm. Code 5.60** General Application Information {#sec-5.60 omnilex-key=us-il-regs-official--title-92--5.60}
a) The loan application is available on the Department's website at www.dot.il.gov/doingbusiness/dbe/revolvingloan.html.
b) For assistance in filling out the loan application, an applicant should call the Department's Office of Business and Workforce Diversity at 217/782-5490.
##### **92 Ill. Adm. Code 5.70** Loan Application Contents {#sec-5.70 omnilex-key=us-il-regs-official--title-92--5.70}
The following required loan application contents will be considered by the Loan Selection Committee when awarding an applicant with a loan:
a) A completed application signed by the socially and economically disadvantaged person having a minimum of 51% ownership of, and with management and daily business operational control of, the DBE that will receive the loan.
b) A description of the applicant's need for the loan, how the applicant will use the funds from the loan, and the anticipated term/length of the need for loan funds.
c) Complete contact information, including name, address, phone number and email address for at least two references who can speak on behalf of the applicant's experience participating in transportation construction or construction-related projects without defaults or non-completion.
d) Letters of rejection from two or more conventional lenders indicating that the applicant has been denied a loan from each lender (see Section 5.50(c) and (d)). The letters of rejection must not be more than one year old at the time of submission of the loan application.
e) Applicable financial information, including, but not limited to, three years of federal income tax returns, profit/loss statements, balance sheets, personal financial statements, and IRAs.
f) Bank account balances for the past 90 days and an inventory of construction-related equipment currently owned by the DBE.
g) Copy of an approved contract or other documentation indicating selection of the DBE as a contractor or subcontractor on a Department construction project, if known at time of application. If not known at time of application, the applicant shall provide this information within five calendar days after its selection as a contractor or subcontractor.
##### **92 Ill. Adm. Code 5.80** Place of Filing {#sec-5.80 omnilex-key=us-il-regs-official--title-92--5.80}
Applications shall be returned to:
DBE Loan Selection Committee
Illinois Department of Transportation
2300 South Dirksen Parkway, Room 300
Springfield, Illinois 62764
##### **92 Ill. Adm. Code 5.90** Terms and Conditions of Loan {#sec-5.90 omnilex-key=us-il-regs-official--title-92--5.90}
a) Loan applications will be accepted at any time. For a loan to be considered for a particular letting, the loan application must be received a minimum of 30 calendar days prior to that letting.
b) Loan applications will be valid for a period of six months from the date the application is signed. Prior to final loan approval, applicants will be required to certify that there have been no changes to the information or documentation contained in the loan application.
c) Applicants will be limited to three loans during the duration of the loan program (see Section 5.20). Individuals with 20% or more ownership or stock in more than one DBE firm will be limited to a total of three loans, in aggregate, during the duration of the program. Multiple loans will not be concurrently awarded. An applicant shall not be permitted to obtain a loan under this program for a different and additional project until payment in full of any outstanding loans previously awarded under this program have been received by the Department. (Section 2705-610(g) of the Law)
d) The interest rate for loans awarded under this Part will be calculated as the Prime Rate + 0.5%. The interest rate will be calculated as of the Monday preceding execution of the loan agreement and the interest rate will remain fixed for the duration of the loan term.
e) The loan amount awarded to any successful applicant will not exceed the lesser of 55% of the contract value supporting the loan or $249,000.
##### **92 Ill. Adm. Code 5.100** Pre-Eligibility Process {#sec-5.100 omnilex-key=us-il-regs-official--title-92--5.100}
a) The Department will perform a preliminary eligibility determination based upon the submittal of the application and required documentation.
1) Incomplete applications or applications that do not include the required documentation will be rejected.
2) Applicants who meet all of the requirements, outlined in Section 5.70, will be determined to be pre-eligible to qualify for a loan.
3) A determination of pre-eligibility is not a guarantee that the applicant will receive a loan under this Part.
b) Notification of an incomplete application, pre-eligibility, eligibility or ineligibility will be sent to the applicant within 10 calendar days after receipt of the application by the Department.
c) A determination of pre-eligibility will be valid for six months after the date of the notification.
d) Approvals for loans under this Part will be made by the Committee in accordance with Section 5.110.
e) In the event of a loan denial that affects DBE participation, the process will be administered by the Department by adhering to federal regulations for the substitution of a DBE for reasons including, but not limited to, the DBE's voluntary withdrawal from the project or because the DBE refuses to perform work on the subcontract because the loan impacts its ability to mobilize. Written approval from the Department for substitution of a DBE is required. (See 49 CFR 26.53(f).).
f) Withdrawal from a contract or subcontract as a result of a loan rejection will not disqualify a DBE from consideration for future loans.
##### **92 Ill. Adm. Code 5.110** Loan Selection Committee {#sec-5.110 omnilex-key=us-il-regs-official--title-92--5.110}
a) The Committee will review the applications and select eligible DBEs for low-interest loans pursuant to this Part.
b) The Committee shall be comprised of at least three members appointed by the Secretary of the Department and shall include:
1) At least one voting public member from the construction or financing industry.
2) The voting or non-voting public member or members may not be employed or associated with any vendor, consultant, contractor or DBE holding a contract or subcontract with the Department nor may the public member or his or her firm be considered for a contract or subcontract with the Department while he or she is serving as a public member of the Committee.
3) Terms of service for voting public members shall be five years.
4) No voting public member of the Committee shall hold full consecutive terms of service, nor shall any member receive any compensation other than for reasonable expenses for service related to this Committee (Section 2705-610 of the Law). Reasonable expenses for travel reimbursement will be in compliance with current policies of the Governor's Travel Control Board (see 80 Ill. Adm. Code 2800).
5) The Secretary may appoint additional non-voting members that have particular knowledge and expertise in the Department's overall function and operation, DBE utilization, and financing. Non-voting members will serve at the discretion of the Secretary and will not have a term of service limit.
c) The Secretary will have authority to remove a voting or non-voting member at any time. Upon the death, incapacity, resignation or removal of a voting member, the Secretary will fill the vacancy for the remainder of the unexpired term. An appointment of four or more years to an unexpired vacancy will be limited as a full term appointment as set forth in subsection (b)(4).
d) The Committee will meet and organize within 30 calendar days after the appointment of its members and, at that meeting, will elect a Recorder of the Committee.
e) The Committee will create a charter and by-laws governing its activities that must receive approval by the Secretary prior to ratification by the Committee.
f) Regular meetings of the Committee will occur within 10 calendar days after each letting, or as often as deemed necessary by the Department, at a date, time and place to be fixed by the Committee and at such additional times as the Committee deems necessary, for consideration of loan applications, reviews and transaction of any other business as properly may come before it.
g) The Committee will provide 10 calendar days prior notice of each regularly scheduled meeting to the Fund Control Agent or Agents. No later than five calendar days prior to each meeting, the Fund Control Agent or Agents will provide a fiscal report to the Committee including, at a minimum, the number of outstanding loans and the balance of outstanding loans. The Committee will perform due diligence to ensure that approved loans do not exceed appropriated funds.
##### **92 Ill. Adm. Code 5.120** Review of Loan Application {#sec-5.120 omnilex-key=us-il-regs-official--title-92--5.120}
a) Applications will be evaluated by the Committee. The Committee will review and rank the applications based upon assessment of need, total budget of applicant, DBE participation, and information provided in the loan application.
b) After the Committee's review and ranking of approved applications, loan dollar amounts will be assigned to the loan applications up to the maximum amount of funding available for loans under this Part.
c) The Committee will perform due diligence to ensure that approved loans do not exceed appropriated funds.
##### **92 Ill. Adm. Code 5.130** Eligible Expenditures {#sec-5.130 omnilex-key=us-il-regs-official--title-92--5.130}
Loan proceeds may be used for current liabilities or working capital expenses associated with participation in the performance of contracts procured and awarded by the Department for transportation construction and construction-related purposes, including, but not limited to, labor costs, salaries, wages, materials, supplies, equipment rental, utility costs, permit and right-of-entry fees, taxes, insurance and bonding. (Section 2705-610(f) of the Law)
##### **92 Ill. Adm. Code 5.140** Ineligible Expenditures {#sec-5.140 omnilex-key=us-il-regs-official--title-92--5.140}
Loan funds shall not be used for:
a) refinancing or payment of existing long-term debt exceeding 12 months;
b) payment of non-current or delinquent taxes;
c) payments, advances, loans, dividends or bonuses to stockholders, officers, directors, partners, or member owners of limited liability companies;
d) the purchase or lease of non-construction motor vehicles or equipment (Section 2705-610(f) of the Law);
e) payment of expenses incurred on projects that are not within the scope of the loan or this Part; or
f) security or collateral for another or different loan or debt.
##### **92 Ill. Adm. Code 5.150** Funds Control Process {#sec-5.150 omnilex-key=us-il-regs-official--title-92--5.150}
a) The Fund Control Agent or Agents shall direct the Escrow Agent to disburse escrow funds to the DBE for eligible expenses in accordance with written directive from the DBE and as supported by the contract.
b) The DBE will have full authority to direct the Fund Control Agent or Agents to disburse funds on its behalf. The DBE will have full authority to make other business decisions as is required to maintain its commercially useful function as a DBE.
c) A DBE subcontractor, at any tier, will be required to provide lien waivers, releases, material certifications and certified payrolls to the prime contractor as may be required by the subcontract agreement. A DBE subcontractor, at any tier, will also be required to provide lien waivers, releases, material certifications and certified payrolls to the Fund Control Agent or Agents, as may be required for disbursement of funds pursuant to this Part.
##### **92 Ill. Adm. Code 5.160** Repayment Procedures {#sec-5.160 omnilex-key=us-il-regs-official--title-92--5.160}
a) In accordance with this Part and as agreed to by the Fund Control Agent or Agents and the DBE, loan terms and amounts will be as set forth in the loan agreement.
b) The loan agreement shall provide for the terms and conditions of repayment, which shall not extend repayment longer than final payment made by the Department following completion and acceptance of the work authorized for loan assistance under the program. (Section 2705-610(f) of the Law)
c) Loan payment amounts will be based upon the completed work-in-place for which partial payment is made and will be calculated as a percentage by dividing the partial payment amount by the total contract value multiplied by the loan principal plus accrued interest.
d) The initial loan payment and subsequent loan payments will be due 15 calendar days from the applicant's receipt of partial payment whether disbursement is from the Department, the prime contractor, or another subcontractor.
e) Fees or costs charged by the Fund Control Agent or Agents and Escrow Agent will be borne by the Department.
f) A loan recipient may prepay the balance due on the loan in its entirety at any time without penalty, provided that the loan recipient first contacts the Fund Control Agent or Agents to obtain the total amount of the final payment due at that time.
##### **92 Ill. Adm. Code 5.170** Failure to Complete the Work Authorized for Loan Assistance {#sec-5.170 omnilex-key=us-il-regs-official--title-92--5.170}
a) Failure to complete the work may cause the DBE to be ineligible for future loans.
b) Failure to complete the work will cause the unpaid loan balance to immediately become due.
##### **92 Ill. Adm. Code 5.180** Failure to Repay the Loan {#sec-5.180 omnilex-key=us-il-regs-official--title-92--5.180}
a) Failure to make two or more consecutive loan payments will be considered a default and will cause the unpaid loan balance to immediately become due.
b) Within five calendar days after a borrower's failure to make two or more consecutive payments, the Fund Control Agent or Agents will notify the Secretary of the amount of the delinquency and the unpaid loan balance including principal and accrued interest.
c) The Secretary may certify the loan in default and refer the matter to the Department's Chief Counsel for further action.
d) The Department, through its Office of Chief Counsel, will take other action as may be required to enforce recovery of the debt, including, but not limited to, internal offset, Comptroller offset and legal action.
e) Default of a loan authorized under this Part will cause the DBE to be ineligible for consideration for further loans.
f) Any unresolved debt delinquency, as defined in Section 50-11 of the Code and as governed by 44 Ill. Adm. Code 500.1217, will disqualify the DBE from obtaining a contract or subcontract with the Department or other agencies of the State.
##### **92 Ill. Adm. Code 5.190** Ethics Training for Loan Selection Committee and Fund Control Agent or Agents {#sec-5.190 omnilex-key=us-il-regs-official--title-92--5.190}
a) Members of the Committee and the Fund Control Agent or Agents are required to participate in annual ethics training.
b) Upon completion of the ethics training program, members of the Committee and the Fund Control Agent or Agents must certify in writing that they have completed the training program.
##### **92 Ill. Adm. Code 5.200** Conflicts of Interest {#sec-5.200 omnilex-key=us-il-regs-official--title-92--5.200}
a) Members of the Committee cannot be related in any way to or involved with an entity submitting an application for a loan, may not be in a position of authority to participate personally and substantially in the decision to award a State contract or with oversight relative to the procurement process for the State, nor may a member have a material, personal, financial or fiduciary interest that would affect his/her participation on the Committee.
b) The Fund Control Agent or Agents cannot be related in any way to or involved with an entity that has been approved for a loan, may not be in a position of authority to participate personally and substantially in the decision to award a State contract or with oversight relative to the procurement process for the State, nor may a member have a material, personal, financial or fiduciary interest that would affect his/her participation in the program.
c) Members of the Committee and the Fund Control Agent or Agents are required to report to the Department's ethics officer any situation that might indicate a conflict of interest or create the appearance of a conflict.
##### **92 Ill. Adm. Code 5.210** Confidentiality {#sec-5.210 omnilex-key=us-il-regs-official--title-92--5.210}
a) Members of the Committee are required to execute a confidentiality statement agreeing not to disclose any information gained during the course of their service on the Committee.
b) The Fund Control Agent or Agents are required to execute a confidentiality statement agreeing not to disclose any information gained during the course of his/her participation in the program.
## **Chapter I** Department of Transportation
### **Subchapter b** Aeronautics
#### **Part 12** Relocation Assistance Services and Payments Program for Airport Projects
##### **92 Ill. Adm. Code 12.10** Purpose {#sec-12.10 omnilex-key=us-il-regs-official--title-92--12.10}
The purpose of this Part is to establish policies and procedures for the Division of Aeronautics, Illinois Department of Transportation, when applying the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (the Uniform Act) (42 USC 4601 et seq.) to airport projects for which the State intends to provide State or federal financial assistance and that involve the displacement of persons, farm operators, or businesses. This Part establishes a means of providing relocation services and of making moving cost payments, replacement housing cost payments, and other expense payments to persons or businesses displaced as a result of programs designed for the benefit of the public. It is also designed to assure compliance with the federal requirements of the Uniform Act and the federal rules titled "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs" (49 CFR 24, October 1, 1999) to assure federal participation on federally-aided projects.
##### **92 Ill. Adm. Code 12.20** Definitions {#sec-12.20 omnilex-key=us-il-regs-official--title-92--12.20}
The following definitions are in addition to those found in the incorporated material in Section 12.30 and apply for purposes of this Part:
"Chief of Airport Engineering" – means the Registered Professional Engineer acting as the Chief, Bureau of Airport Engineering, Division of Aeronautics, Illinois Department of Transportation. This term also includes a designee.
"Department" – means the Illinois Department of Transportation.
"Director" – means the Director, Division of Aeronautics, Illinois Department of Transportation. This term also includes a designee.
"Division" – means the Illinois Department of Transportation, Division of Aeronautics.
"FAA" – means the United States Department of Transportation, Federal Aviation Administration.
"State" – means the State of Illinois or may mean the Illinois Department of Transportation.
"Uniform Act" – means the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 USC 4601 et seq.).
##### **92 Ill. Adm. Code 12.30** Incorporation by Reference {#sec-12.30 omnilex-key=us-il-regs-official--title-92--12.30}
This Part incorporates references that are the basis and guidelines for the development of the Division's policy for airport projects for which federal financial assistance may be requested and for relocation assistance services and payments for persons or businesses displaced as a result of those projects. The materials listed in subsections (a) and (b) of this Section are incorporated as a part of this Part and are effective as indicated, not including any later amendments or editions. Copies of the appropriate materials are available from the Division of Aeronautics, #1 Langhorne Bond Drive, Springfield, Illinois 62707, (217) 785-8514; or at aero@nt.dot.state.il.us.
a) 49 CFR 24 - Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs, October 1, 1999 edition.
b) U.S. Department of Transportation, Federal Aviation Administration - Land Acquisition and Relocation Assistance for Airport Projects, dated April 4, 1994, Order #5100.37A.
##### **92 Ill. Adm. Code 12.40** Appeal Procedures {#sec-12.40 omnilex-key=us-il-regs-official--title-92--12.40}
a) If a claim for payment is denied, in whole or in part, the Division will notify the displaced person or business in writing within 30 calendar days after receipt of the claim. This notification will also inform the person of the right to request a review of the denial by the Chief of Airport Engineering.
b) A displaced person may file a written request for review within 60 calendar days after receipt of written notification denying the claim. The request for review shall be filed with the Chief of Airport Engineering at #1 Langhorne Bond Drive, Springfield, Illinois 62707, (217) 785-8514, Fax #: (217) 785-4533. If the displaced person does not file a request for review within 60 calendar days after receipt of written notification denying the claim, the displaced person shall be deemed to have waived his/her opportunity to file a request for review. In that case, the approved amount of the claim, if any, will be processed for payment.
1) The Division will consider a written request for review regardless of form. Upon receipt of the request for review, the Chief of Airport Engineering will assign a date and place for the review meeting. Written notification of the date and place will be provided to the displaced person in person or by certified mail, return receipt requested, at least 10 days prior to the scheduled date for review. The Chief of Airport Engineering will designate a person to conduct the review who was not directly involved in the action being reviewed.
2) Prior to the review, the displaced person will be permitted to inspect and copy all materials pertinent to his/her review in accordance with the Freedom of Information Act [5 ILCS 140].
3) The displaced person, or a representative, will be afforded a full opportunity to be heard and to present information or documentation in support of the claim for payment. Representation by another person will be at the sole expense of the displaced person.
4) The Chief of Airport Engineering will determine an appropriate payment based upon the facts presented and the law. Written notification of the decision by the Chief of Airport Engineering will be sent by certified mail, return receipt requested, within 15 calendar days after the date of the review.
5) If the Chief of Airport Engineering's decision upholds the denial of payment, in whole or in part, the written notification will detail the reasons supporting the denial and will also advise the displaced person of his/her right to request a final review by the Director if he/she is dissatisfied with the review findings of the Chief of Airport Engineering. If the displaced person does not request a final review within 15 calendar days after written notification of the denial has been sent by the Chief of Airport Engineering, the displaced person shall be deemed to have waived his/her opportunity to file a request for a final review.
A) A displaced person may request a final review, by notifying the Director in writing at the address provided in subsection (b) of this Section.
B) Upon receipt of the request for a final review, the Director will assign a date and place for the final review meeting. Written notification of the date and place of the final review will be delivered either in person or by certified mail, return receipt requested, at least 10 days prior to the scheduled date for final review. The Director will designate a person to conduct the review who was not directly involved in the action being reviewed.
C) The displaced person, or representative, will be afforded a full opportunity to be heard and to present information or documentation in support of the claim for payment. Representation by another person will be at the sole expense of the displaced person.
D) The Director will determine the final disposition of the payment based upon the facts presented and the law. Written notification of the Director's decision and the reasons supporting his/her decision will be sent by certified mail, return receipt requested, within 15 calendar days after the date of the final review.
E) The decision by the Director is final. The displaced person will be advised of his/her right to seek redress through judicial review.
c) The Division will promptly resolve all appeals. However, the Director may extend any time period provided in this Part for up to 30 days upon written request from either the displaced person or the Chief of Airport Engineering.
#### **Part 14** Aviation Safety
##### **92 Ill. Adm. Code 14.100** Purpose and Applicability {#sec-14.100 omnilex-key=us-il-regs-official--title-92--14.100}
a) This Part sets forth the standards for the creation, classification, modification, operation, and certification of public and private aircraft landing areas, and it also regulates airmen and aircraft.
b) This Part applies to all aircraft, including those not required to be registered with or approved by the Federal Aviation Administration (the FAA).
c) This Part does not apply to unmanned aircraft.
d) The Department of Transportation (the Department) will apply and interpret this Part, whenever practicable, in a manner consistent with the federal government and with other states.
e) All forms referenced in this Part may be obtained by contacting the Division of Aeronautics (the Division) by phone at 217-785-8516, by writing to or visiting the Division at 1 Langhorne Bond Drive, Springfield, Illinois 62707, by e-mail at dot.aero@illinois.gov, or by accessing the Division's web site at www.dot.illinois.gov.
**History**
- *Source: Amended at 42 Ill. Reg. 7104, effective March 30, 2018*
##### **92 Ill. Adm. Code 14.105** Definitions {#sec-14.105 omnilex-key=us-il-regs-official--title-92--14.105}
For purposes of this Part, the words, terms, and phrases listed shall have the meanings ascribed to them as follows:
"Act" means the Illinois Aeronautics Act [620 ILCS 5].
"Administrator" means the Federal Aviation Administrator or any person to whom he or she has delegated his or her authority in the matter concerned. (See 14 CFR 1.1 (January 1, 2017).)
"Aerobatic Flight" means maneuvers intentionally performed by an aircraft involving an abrupt change in attitude or an abnormal attitude or acceleration not necessary for normal flight.
"Aeronautics" means transportation by aircraft; the operation, construction, repair or maintenance of aircraft, aircraft power plants, and accessories, including the repair, packing, and maintenance of parachutes; the design, establishment, construction, extension, operation, improvement, repair, or maintenance of airports, restricted landing areas, or other air navigation facilities and air instruction. (See Section 2 of the Act.)
"Air Navigation" means the operation or navigation of aircraft in the airspace over this State, or upon any airport or restricted landing area within this State. Air navigation does not mean the taxiing of aircraft on the ground for repositioning or maintenance purposes. (See Section 10 of the Act.)
"Air Navigation Facility" means any facility other than one owned or controlled by the federal government, used in, available for use in, or designed for use in, aid of air navigation, including airports, heliports/vertiports, restricted landing areas, and any structures, mechanisms, lights, beacons, marks, communicating systems, or other instruments or devices used or useful as an aid, or constituting an advantage or convenience, to the safe takeoff, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, heliport/vertiport, or restricted landing area, and any combination of any or all such facilities. (See Section 9 of the Act.)
"Aircraft" means any device used or designed to carry humans in flight as specified by the Division in this Part. All devices required to be licensed as "aircraft" by the FAA on the effective date of this Part are "aircraft". The Division has, by Subpart J, specified the extent to which aircraft not required to be licensed by the FAA are subject to the provisions of this Part. (See Section 3 of the Act.)
"Airman" means any individual who operates or is licensed to operate an aircraft in flight. Airman as used in this Part also means pilot. (See Section 12 of the Act.)
"Airplane" means an engine-driven fixed-wing aircraft heavier than air, that is supported in flight by the dynamic reaction of the air against its wings. (See 14 CFR 1.1 (January 1, 2017).)
"Airport" means:
any area of land, water, or both, except a restricted landing area, that is designed for the landing and takeoff of aircraft, whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo;
all appurtenant areas used or suitable for airport buildings or other airport facilities; and
all appurtenant rights-of-way, whether established before or after the effective date of this Part. (Various airport classifications may be found in Subpart E, Subpart F, and Subpart H.) (See Section 6 of the Act.)
"Airport Hazard" means any structure, object of natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or takeoff at any airport or restricted landing area or is otherwise hazardous to the landing or takeoff of aircraft. (See Section 22 of the Act.)
"Applicant" means, but is not limited to, the person, trust, company, governmental body, corporation, limited liability company, or association to whom a Certificate of Approval may be issued.
"Certificate Holder" means, but is not limited to, the person, trust, company, governmental body, corporation, limited liability company, or association to whom a Certificate of Approval has been issued.
"Certificate of Approval" means a certificate issued by the Division approving the operation of an airport or restricted landing area as specified by the Division.
"Certificate of Registration" means a certificate issued by the Division indicating that, for purposes of Subpart B, an individual has registered his or her FAA license, certificate or permit with the Division for his or her aircraft; and, for purposes of Subpart C, means a certificate issued by the Division indicating that an individual has registered his current and appropriate FAA issued pilot certificate with the Division.
"Civil Aircraft" means any aircraft other than a public aircraft. (See Section 5 of the Act.)
"Department" means the Illinois Department of Transportation.
"Design Helicopter" or "VTOL Aircraft" means a generic rotorcraft or vertical takeoff or landing (VTOL) aircraft that reflects the maximum size of all helicopters/VTOL aircraft expected to operate at the heliport/vertiport.
"Displaced Threshold" means a threshold that has been displaced to provide for obstruction clearance. The portion of runway behind a displaced threshold may be available for takeoffs in either direction or landings from the opposite direction.
"Division" means the Illinois Department of Transportation, Division of Aeronautics, 1 Langhorne Bond Drive, Capital Airport, Springfield, Illinois 62707-8415.
"FAA" means the Federal Aviation Administration.
"Final Approach and Takeoff Area" or "FATO" means a defined object-free area over which the final phase of the approach to a hover, or a landing, is completed and from which the takeoff is initiated.
"Flight Instruction" means the imparting of aeronautical knowledge by an FAA authorized flight instructor specifically involving the actual flight of an aircraft, or by an FAA sanctioned flight instructor involving the actual flight of an Ultralight training aircraft.
"Fly-In Event" means any congregation of aircraft, other than based aircraft, in excess of six aircraft.
"Heliport/Vertiport" means a generic reference to the area of land, water or structure used, or intended to be used, for the landing and takeoff of helicopters/VTOL aircraft, together with associated buildings and facilities.
"Helistop/Vertistop" means a minimally developed helicopter/VTOL aircraft facility for boarding and discharging passengers or cargo. The heliport/helistop, vertiport/vertistop relationship is comparable to a bus terminal-bus stop relationship with respect to the extent of services provided or expected.
"Hospital Heliport/Vertiport" means a heliport/vertiport limited to serving only helicopters/VTOL aircraft engaged in air ambulance, or hospital related functions.
"IFR" means instrument flight rules.
"Landing Strip" means a portion of the usable area within an airport boundary that either in its natural state or as a result of construction work is suitable for the landing and takeoff of aircraft.
"Modification" means any change to the Certificate of Approval as originally issued by the Division, including, but not limited to, extension or alteration of the airport or restricted landing area, change in ownership, change in classification, or change in status.
"Municipality" means any county, city, village, or town of this State and any other political subdivision, public corporation, authority, or district in this State, or any combination of two or more of the same that is or may be authorized by law to acquire, establish, construct, maintain, improve, and operate airports and other air navigation facilities. (See Section 20 of the Act.)
"Notice" means a legal document prepared by the Division, to be published in a newspaper in the county in which the airport or restricted landing area sought to be established, altered, or extended is, or is proposed to be, located, indicating that the Division intends to enter an Order regarding the application for the proposed airport or restricted landing area, or the alteration or extension thereof. (See Section 60 of the Act.)
"Nuisance" means operating an aircraft in an annoying or vexatious manner.
"Operation of Aircraft or Operate Aircraft" means the use of aircraft for the purpose of air navigation, and includes the navigation or piloting of aircraft. Any person who causes or authorizes such use of aircraft, whether with or without the right of legal control (in the capacity of owner, lessee, or otherwise) of the aircraft, shall be deemed to be engaged in the operation of aircraft. Operation of aircraft does not mean ground movement for repositioning or maintenance purposes. (See Section 11 of the Act.)
"Order" means a legal document prepared by the Division, to be published in a newspaper in the county in which the airport or restricted landing area sought to be established, altered, or extended is, or is proposed to be, located, that may either grant or deny an application for a Certificate of Approval. If granted, the Order allows the applicant to begin construction of the proposed airport or restricted landing area, or the alteration or extension thereof. (See Section 60 of the Act.)
"Person" means, but is not limited to, any individual, firm, partnership, corporation, company, limited liability company, association, joint stock association, joint venture, public service corporation, or body politic; and includes any trustee, receiver, assignee, or other similar representative. (See Section 17 of the Act.)
"Pilot" means airman.
"Pilot-in-Command" means the person who:
has final authority and responsibility for the operation and safety of the flight;
has been designated as pilot-in- command before or during the flight; and
holds the appropriate category, class, and type rating, if appropriate, for the conduct of the flight.
"Powered Parachute" means a powered aircraft comprised of a flexible or semi-rigid wing connected to a fuselage so that the wing is not in position for flight until the aircraft is in motion. The fuselage of a powered parachute contains the aircraft engine and a seat for each occupant, and is attached to the aircraft's landing gear. (See 14 CFR 1.1 (January 1, 2017).)
"Private Use" means that an airport is not open to the general public. Use is limited to the Certificate Holder and any other users as authorized by the Certificate Holder.
"Public Aircraft" means an aircraft used exclusively in the service of any government or of any political subdivision thereof, including the government of any state, territory, or possession of the United States, or the District of Columbia, but not including any government aircraft engaged in carrying persons or property for commercial purposes. (See Section 4 of the Act.)
"Public Use" means that an airport is open to the general public.
"Restricted Landing Area" or "RLA" means any area of land, water, or both that is used or is made available for the landing and takeoff of aircraft that is intended for private use. (See Section 8 of the Act.)
"Rotorcraft" means a heavier-than-air aircraft that depends principally for its support in flight on the lift generated by one or more rotors. (See 14 CFR 1.1 (January 1, 2017).)
"Runway" means the paved, hard surfaced, or stabilized central portion of a landing strip.
"Runway Protection Zone" means a defined area off the end of a runway that is clear of incompatible objects and activities.
"Runway Safety Area" or "RSA" means a defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway.
"Sea Lane" means a water landing and departure surface.
"Seaplane" means all aircraft designed for water operations and includes amphibious aircraft when they are operating on water.
"Special Purpose Aircraft" means the following: manned balloons, lighter-than-air aircraft, seaplanes, sailplanes, gliders and other powerless aircraft, heavier-than-air aircraft, agricultural aircraft during the time used solely for agriculture applications, helicopters/VTOL aircraft, and any other aircraft as designated by the Division. Use and limitations provisions for special purpose aircraft are contained in Subpart I.
"State" or "this State" means the State of Illinois. (See Section 7 of the Act.)
"STOL" means short takeoff and landing.
"STOL Operation" means the operation of an aircraft, at some weight within its approved operating weight, in compliance with applicable federal STOL standards, characteristics, and airworthiness.
"Stopway" means a defined rectangular surface beyond the end of a runway, prepared or suitable for use in lieu of a runway, to support an airplane without causing structural damage to the airplane during an aborted takeoff.
"Threshold" means the beginning of that portion of runway available for landing. In some instances the landing threshold may be displaced.
"TLOF" means Touch Down and Lift-off Area, commonly referred to as a helipad and normally centered in a Final Approach and Takeoff Area (FATO).
"Ultralight" means any aircraft intended to be used by a single occupant for recreation or sport purposes only, does not have an airworthiness certificate, weighs less than 155 pounds if non-powered, or if powered, weighs less than 254 pounds empty weight, excluding floats and safety devices which are intended for deployment in a potentially catastrophic situation, has fuel capacity not exceeding five U.S. gallons, is not capable of more than 55 knots calibrated air speed at full power in level flight, and has a power-off stall speed that does not exceed 24 knots calibrated air speed.
"Ultralight Trainer" means any aircraft that does not have an airworthiness certificate, is used or intended to be used in the air for training Ultralight pilots, and meets the requirements for operating under an FAA approved Ultralight training exemption.
"Unmanned Aircraft" means an aircraft, as defined at 14 CFR 1.1 (January 1, 2017), operated without the possibility of direct human intervention from within or on the aircraft.
"Vertiport" means, for the purposes of this Part, a heliport.
"VFR" means visual flight rules.
"Wind Indicator" means tetrahedron, wind tee, or wind cone (windsock).
**History**
- *Source: Amended at 42 Ill. Reg. 7104, effective March 30, 2018*
##### **92 Ill. Adm. Code 14.110** Operation Without Certificate of Approval Unlawful {#sec-14.110 omnilex-key=us-il-regs-official--title-92--14.110}
It shall be unlawful for any municipality or other political subdivision, or officer or employee thereof, or for any person, company or association of persons to use or operate any airport or restricted landing area for which a Certificate of Approval has not been issued by the Division; provided, that no Certificate of Approval shall be required for an airport or restricted landing area which was in existence and approved by the Illinois Aeronautics Commission, whether or not being operated on or before July 1, 1945, and all representations, conditions and restrictions incidental to the latter have been fulfilled and complied with. (See Section 47 of the Act.)
##### **92 Ill. Adm. Code 14.115** Application Process for Original Certificate of Approval {#sec-14.115 omnilex-key=us-il-regs-official--title-92--14.115}
An applicant for an original Certificate of Approval for a new airport or RLA must complete the following process before a Certificate of Approval will be issued by the Division.
a) The applicant must personally contact the Division by phone at 217-785-8516, in writing at 1 Langhorne Bond Drive, Springfield, Illinois 62707, or by e-mail at dot.aero@illinois.gov to request an initial inspection of the site proposed to be used for the airport or RLA.
b) The applicant must include proof of continuing property interests in, and authority to operate, the requested airport or RLA on the subject property as evidenced by:
1) the approval of the property owner (i.e., a letter with the property owner's signature) if not the same as the applicant; or
2) a copy of the deed or long-term lease.
c) Division personnel will visit the proposed site, as early as Division priorities will allow, to determine if the minimum standards for the operation of an airport or RLA, as prescribed in either Section 14.510(a), 610(a), 710(a), or 810(a), can be achieved.
1) After an initial inspection has been performed and the site is determined to be acceptable under this Part, an Application for Certificate of Approval form (Form AER 2059 for an airport or RLA or Form AER 2060 for a heliport) must be completed and signed, and the originals mailed or hand-delivered to the Division.
2) If the proposed site is not acceptable under this Part, Division personnel will advise the applicant as to what can be done to achieve an acceptable site (e.g., cut trees, clear brush) or suggest an alternative site.
d) The Division will submit FAA Forms 7480-1 and 7480-2 to the FAA for an airspace determination. Once the Division has received an airspace determination from the FAA, the applicant will be notified in writing and the Division will proceed in processing the application for Certificate of Approval. If the FAA issues a non-favorable airspace determination, the applicant will be notified in writing as to the criteria that led to the determination.
e) The Division will publish a Notice in the local newspaper, within the county of the proposed site of the airport or RLA, indicating that the Division intends to publish an Order granting or denying a Certificate of Approval, with a copy simultaneously mailed to the applicant. All interested persons may, prior to the publication of the Order in the newspaper, file objections to or comments on the proposed Order by writing to the Division within 15 days after the date of publication of the Notice in the newspaper. The Division will consider any comments or opposition received within the 15-day period prior to making a decision to grant or deny a Certificate of Approval and prior to publishing the Order. (See Section 60 of the Act.)
f) If no comments or opposition to the proposed airport or RLA are received by the Division within the 15-day period, the Division will publish an Order in the local newspaper, within the county of the proposed site of the airport or RLA approving the construction, with a copy simultaneously mailed to the applicant. The Order will include the terms and restrictions (e.g., number of based aircraft, restrictions on use) associated with the issuance of the Certificate of Approval, as well as providing information as to a completion date for construction and for the final inspection of the airport or RLA that must occur before the Certificate of Approval will be issued. (See Section 60 of the Act.)
g) After the Order is published, interested persons may write or e-mail comments to the Division, or request a hearing in writing (see Subpart K), as to the validity or reasonableness of the Order. Comments will be accepted for a 15-day period after publication of the Order in the local newspaper. Unless the Division finds that a hearing is necessary or that a longer period of time is appropriate, the Order will be effective 20 days after publication in the local newspaper. A Certificate of Approval may be issued any time after the effective date of the Order. The Division will consider all comments received within the 15-day period prior to making a decision whether to grant or deny a Certificate of Approval. (See Section 60 of the Act.)
h) After publication of the Order, if a hearing is requested, the Division will schedule it at the earliest date possible in the county seat of the county where the proposed airport or RLA is to be located. All interested persons will be notified in writing at least 10 days prior to the scheduled date of the hearing. After the hearing has been held, the Division will issue a Supplemental Order indicating the findings and conclusions of the hearing and whether the original Order will stand or whether it will be modified. A copy of the Supplemental Order will be mailed to the applicant as well as to the person or persons requesting the hearing.
i) The applicant will have 18 months from the effective date of the Order to complete construction of the airport or RLA. The applicant shall contact the Division in writing or by phone, as noted in Section 14.100(d), within 30 days after the completion of construction of the airport or RLA, to schedule a final inspection with the Division. If the requirements of this Part have been met upon completion of construction and final inspection, the Division will issue a Certificate of Approval for the operation of the airport or RLA to the applicant.
j) If the applicant is unable to complete construction of the airport or RLA, or, if the requirements of this Part have not been met within 18 months after the effective date of the Order, the applicant may request in writing an extension of time of the expiration date noted in the Order. The applicant must state the reasons for requesting the extension of time (e.g., weather delays, financial reasons) in the written request. The Division may grant or deny an extension of time based on whether the applicant has shown good cause to justify the request. If an extension of time is granted, the additional period of time allowed will be at the Division's discretion. If a request for an extension of time is denied, or if the minimum standards of this Part cannot be met, the application for a Certificate of Approval becomes null and void on the date the Order expires.
**History**
- *Source: Amended at 42 Ill. Reg. 7104, effective March 30, 2018*
##### **92 Ill. Adm. Code 14.120** Transfer/Modification/Rescission of Certificate of Approval {#sec-14.120 omnilex-key=us-il-regs-official--title-92--14.120}
a) Transfer of Certificate of Approval. Any applicant desiring to have an airport or RLA Certificate of Approval transferred to his or her name must complete the following process.
1) Complete and sign an Application to Transfer Certificate of Approval form (Form AER 2058). This application must also be signed by the present Certificate Holder (if available) and notarized. An original application must be mailed or delivered to the Division.
2) Include proof that the applicant has the authority to operate the requested airport or RLA on the subject property as evidenced by:
A) the written approval of the prior Certificate Holder or, if deceased, executor or administrator of the estate; or
B) a copy of the deed or long-term lease.
3) Division personnel will visit the airport or RLA, as early as Division priorities will allow, to determine whether it meets the minimum standards found in this Part or whether it meets the minimum standards in effect at the time of certification for the operation of an airport or RLA, before a transfer will be approved.
A) If the Division finds that the minimum standards have been met, the Division will issue an Order approving the transfer of the Certificate of Approval that will become effective immediately, with a copy simultaneously mailed to the applicant along with a new Certificate of Approval. No Notice is required for this action and the Order is not required to be published in the newspaper.
B) If the minimum standards of this Part have not been met, or, if the airport or RLA is not in compliance with the minimum standards in effect at the time of certification, the Division will advise the applicant as to what corrective measures need to be taken to achieve compliance (e.g., cut trees, clear brush). Once the Division has determined that standards have been met, the Division will issue an Order approving the transfer of the Certificate of Approval that will become effective immediately, with a copy simultaneously mailed to the applicant along with a new Certificate of Approval.
b) Modification of Certificate of Approval. No person shall make an extension or alteration to an existing airport or RLA that will require a modification of the Certificate of Approval without first having secured an Order from the Division approving the extension or alteration. Extensions or alterations will be considered in accordance with the applicable standards provided in either Section 14.510(a), 610(a), 710(a) or 810(a).
1) The Certificate Holder shall complete an Application for Approval of Extension or Alteration to an Airport or RLA form (Form AER 2057) and shall state the nature of the proposed extension or alteration to the airport or RLA in the application. An extension or alteration requiring a modification to the Certificate of Approval includes, but is not limited to, the following:
A) Construction, realignment, alteration, or activation of any runway or other aircraft landing or takeoff area on an airport or RLA, or a taxiway associated with a landing or takeoff area on an airport or RLA, that causes any material change in the length, width or direction of any runway, other aircraft landing or takeoff area, or taxiway on an airport or RLA.
B) Change of any traffic pattern or traffic pattern altitude or direction.
C) Construction or installation of any building or other structure on the airport or RLA property that would extend above an approach slope, transition slope or turning zone.
D) Planting or permitting to grow any vegetation or placement of any other obstacle on the airport or RLA property that would extend above an approach slope, transition slope, or turning zone.
E) Discontinuance of any runway or other aircraft landing or takeoff area of an airport or RLA, as such, or any taxiway associated with a landing or takeoff area of an airport or RLA, for a period of one year or more.
F) Change in status of an airport or RLA from private-use to public-use, or change in status of any airport from public-use to private-use or RLA.
2) If the extension or alteration is such that an FAA Form 7480-1 must be submitted to the FAA for airspace approval (the requirements are listed on the instruction sheet for the Form 7480-1), the Division will submit the form on behalf of the applicant.
3) Once the Division has received an airspace determination from the FAA, if required, the applicant will be notified in writing and the Division will proceed in processing Form AER 2057. If the FAA issues a non-favorable airspace determination, the applicant will be notified in writing as to the criteria that led to the determination.
4) The Division will publish a Notice in the local newspaper, within the county where the airport or RLA is located, indicating that the Division intends to publish an Order granting or denying the modification to the Certificate of Approval, with a copy of the Notice simultaneously mailed to the applicant. All interested persons may, prior to the publication of the Order in the newspaper, file objections to or comments on the proposed Order by writing to the Division, within 15 days after the date of publication of the Notice in the newspaper. The Division will consider any comments or opposition received within the 15-day period prior to making a decision to grant or deny a modification of the Certificate of Approval and prior to publishing the Order. (See Section 60 of the Act.)
5) If no comments or opposition to the proposed extension or alteration of the airport or RLA are received by the Division within the 15-day period, the Division will publish an Order in the local newspaper, within the county where the airport or RLA is located, approving the proposed extension or alteration of the airport or RLA and the modification of the Certificate of Approval, with a copy simultaneously mailed to the applicant. The Order will include a description of the proposed extension or alteration, any terms and restrictions (e.g., runway orientation, length) associated with the issuance of a modified Certificate of Approval, a completion date for the extension or alteration, and a provision that a final inspection of the airport or RLA is to be conducted prior to the issuance of the modified Certificate of Approval.
6) After the Order is published, interested persons may write or e-mail comments to the Division, or request a hearing in writing (see Subpart K), as to the validity or reasonableness of the Order. Comments will be accepted for a 15-day period after publication of the Order in the local newspaper. Unless the Division finds that a hearing is necessary or that a longer period of time is appropriate, the Order will be effective 20 days after publication in the local newspaper. A modified Certificate of Approval may be issued to the Certificate Holder any time after the effective date of the Order. The Division will consider any comments received within the 15-day period prior to making a decision to grant or deny a modified Certificate of Approval. (See Section 60 of the Act.)
7) If a hearing is requested, the Division will schedule it at the earliest date possible in the county seat of the county where the airport or RLA is located. All interested persons will be notified in writing at least 10 days prior to the scheduled date of the hearing. After the hearing has been held, the Division will issue a Supplemental Order indicating the findings and conclusions of the hearing and whether the original Order will stand or whether it will be modified. A copy of the Supplemental Order will be mailed to the Certificate Holder as well as to the person or persons requesting the hearing.
8) The Certificate Holder will have 18 months from the effective date of the Order to complete the extension or alteration of the airport or RLA. The Certificate Holder shall contact the Division in writing or by phone, as noted in Section 14.100(d), within 30 days after the completion of the extension or alteration of the airport or RLA to schedule a final inspection with the Division. If the minimum standards of this Part have been met upon completion of the extension or alteration and final inspection, the Division will issue a modified Certificate of Approval to the Certificate Holder for the operation of the airport or RLA that includes any extension or alteration made to the airport or RLA.
9) If the Certificate Holder is unable to complete the extension or alteration of the airport or RLA within 18 months of the effective date of the Order, the Certificate Holder may request in writing an extension of time of the expiration date in the Order. The Certificate Holder must state the reasons for requesting the extension of time (e.g., delay in starting the project, weather delays) in the written request. The Division may grant or deny an extension of time based on whether the Certificate Holder has shown good cause to justify the request. If an extension of time is granted, the additional period of time allowed will be at the Division's discretion. If the request for an extension of time is denied, the application for the extension or alteration to the airport or RLA becomes null and void on the date the Order expires.
10) The Division may initiate the modification of a Certificate of Approval if it finds, upon inspection, that the airport or RLA is not being operated in accordance with this Part or with the standards in effect at the time the original Certificate of Approval was issued for the airport or RLA. Modifications will be made after the issuance of a Notice, Order and opportunity to be heard as outlined in subsections (b)(4), (5), (6) and (7).
c) Rescission of Certificate of Approval. The Certificate Holder, the property owner, and the Division each have the authority to request that a Certificate of Approval to operate an airport or RLA in Illinois be rescinded. Additionally, rescission may be accomplished by Operation of Law as provided in subsection (c)(4).
1) Rescission by Certificate Holder. The Certificate Holder shall submit a completed Rescission of Certificate of Approval form (Form AER 2548) authorizing the closing of an airport or RLA and requesting that the Division rescind the Certificate of Approval. The form shall include the reasons for the rescission. A voluntary rescission by the Certificate Holder requires that the Division issue an Order of Rescission and mail a copy to the Certificate Holder. No Notice is required. The Order is not required to be published in the local newspaper but will be entered into the Division's records.
2) Rescission by Property Owner. The owner of the property that an airport or RLA is located upon shall submit a completed Rescission of Certificate of Approval form authorizing the closing of an airport or RLA and requesting that the Division rescind the Certificate of Approval. The form shall include the reasons for the rescission, as well as a notarized statement indicating that the Certificate Holder no longer has the authority to operate the airport or RLA on the subject property. A voluntary rescission by the property owner requires the Division to issue an Order of Rescission and mail copies to the property owner and the Certificate Holder. No Notice is required. The Order is not required to be published in the local newspaper but will be entered into the Division's record.
3) Rescission by the Division. The Division will rescind a Certificate of Approval if it finds that an airport or RLA is not being operated in accordance with this Part, or is not safe or is not being maintained or operated safely. The abandonment of an airport or RLA for a period of two consecutive years shall be just cause for the Division to rescind a Certificate of Approval. Any rescission by the Division will be after the issuance of a Notice, Order and an opportunity to be heard as outlined in subsections (b)(4), (5), (6) and (7). (See Section 49 of the Act.)
4) Rescission by Operation of Law. Each Certificate of Approval will automatically expire, with no further action required, upon the death of the Certificate Holder or dissolution of the corporation, Limited Liability Company (LLC), Limited Liability Partnership (LLP), Association, etc. holding the Certificate of Approval, unless the Division receives an Application to Transfer Certificate of Approval form (Form AER 2058) and the airport or RLA is in compliance with the minimum standards of this Part.
**History**
- *Source: Amended at 42 Ill. Reg. 7104, effective March 30, 2018*
##### **92 Ill. Adm. Code 14.130** Waivers {#sec-14.130 omnilex-key=us-il-regs-official--title-92--14.130}
a) The Division may waive strict compliance with any portion of this Part in connection with any particular application or request for a waiver, if the applicant demonstrates that the waiver:
1) is necessary;
2) will not adversely affect air traffic;
3) will not interfere with future development of the airport or RLA;
4) will not substantially impair the safety of the public's use of the airport; and
5) will not diminish the safety of those using or living near the airport or RLA (i.e., the applicant must produce documentation indicating that the aircraft he proposes to utilize at the airport or RLA only requires a short strip for takeoff and landing, thereby allowing a waiver of the minimum length requirements).
b) In evaluating a request for a waiver, the Division will consider, but is not limited to considering:
1) the volume and type of aircraft using the airport or RLA;
2) the navigational aids;
3) the length and width of the landing strip;
4) the instrument approaches;
5) the function of the airport or RLA in the current national and State airport and airway plan;
6) the nature of the terrain;
7) the possibilities for future development;
8) the proximity to neighbors;
9) the population density; and
10) the pattern agreements.
c) The applicant must complete and sign an Application for Waiver form (Form AER 2056) that shall be submitted with the application for Certificate of Approval for an airport or RLA, or for an extension or alteration of an existing airport or RLA, in accordance with Section 14.115 and Section 14.120. The Application for Waiver must contain clear and concise statements of the facts together with a request that a certain regulation be waived.
d) An Application for Waiver will be checked for accuracy by Division personnel and must be approved by the Bureau Chief of Aviation Safety and the Director of the Division. The applicant will be notified by the Division either in writing or by telephone, as soon as Division priorities will allow, as to whether the Application for Waiver has been approved.
e) All decisions either approving or disapproving requests for waivers are final and are reviewable pursuant to Section 14.1196, Administrative Review.
##### **92 Ill. Adm. Code 14.200** Registration of Aircraft {#sec-14.200 omnilex-key=us-il-regs-official--title-92--14.200}
Except as provided in Section 14.230, no person shall operate, or authorize to be operated, any civil aircraft in Illinois unless that aircraft has an appropriate effective license, airworthiness certificate or permit issued by the FAA for which a certificate of registration has been issued by the Division that is in full force and effect. (See Section 43 of the Act.)
##### **92 Ill. Adm. Code 14.210** Time and Manner of Registration {#sec-14.210 omnilex-key=us-il-regs-official--title-92--14.210}
a) Except as provided in Section 14.230, all holders of Federal Aircraft Certificates for aircraft engaged in air navigation in Illinois shall complete an Application for Registration of Federal Aircraft Certificate form (Form AER 2048) within 30 days after establishing residency in Illinois or within 30 days after purchasing an aircraft. Each completed application shall contain at least the same information that is shown on the Federal Aircraft Certificate.
b) The fee for the registration or transfer of registration of each Federal Aircraft Certificate is $20 when paid within the first year of the current biennial registration cycle. Persons who register within the second year of the current biennial cycle must pay $10. Remittance shall be payable to the State Treasurer of Illinois and shall be included at the time the application for registration is submitted to the Division. (See Section 42 of the Act.)
c) The Division will then issue a biennial Certificate of Registration that is required to be carried at all times in an aircraft engaged in air navigation in Illinois (see Section 14.220) and that will automatically expire upon transfer of ownership of the aircraft or on the date indicated on the Certificate of Registration. The Certificate of Registration will be mailed to the registrant as early as Division priorities allow. Each biennial registration cycle begins January 1 of all even-numbered years and expires December 31 of the following odd-numbered year. Renewal notices are mailed at the beginning of each cycle.
d) No formal hearing will be held concerning an application for a Certificate of Registration. If additional information is needed, the Division may inquire about or investigate an application.
**History**
- *Source: Amended at 42 Ill. Reg. 7104, effective March 30, 2018*
##### **92 Ill. Adm. Code 14.220** Exhibition of Certificates {#sec-14.220 omnilex-key=us-il-regs-official--title-92--14.220}
a) Each Federal Aircraft Certificate and the Certificate of Registration issued by the Division shall be carried at all times in the aircraft engaged in air navigation in Illinois. Each certificate must be posted where it may be readily seen by passengers or inspectors (i.e., on the pocket of the kick panel) and must be presented for inspection upon demand by any passenger, any peace officer of this State, any officer or authorized employee or designee of the Division, or any official, manager or person in charge of any airport or RLA in Illinois upon which the aircraft lands. (See Section 45 of the Act.)
b) In the event of loss, mutilation, correction (i.e., name change) or destruction of a Certificate of Registration, the owner of a registered aircraft may obtain a duplicate from the Division upon notifying the Division in writing and submitting a payment of $5.00 made payable to the State Treasurer of Illinois.
**History**
- *Source: Amended at 37 Ill. Reg. 15127, effective August 30, 2013*
##### **92 Ill. Adm. Code 14.230** Exceptions to Registration Requirements {#sec-14.230 omnilex-key=us-il-regs-official--title-92--14.230}
Sections 14.200, 210 and 220 do not apply to subsections (a)-(f) of this Section provided the aircraft complies with all other applicable Sections of this Part.
a) An aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operations of the licensed aircraft.
b) An aircraft owned by a non-resident person of the State of Illinois lawfully entitled to operate the aircraft in the state of his or its residence.
c) An aircraft engaged principally in commercial flying constituting an act of interstate or foreign commerce.
d) An aircraft while being transported in the possession of, or while being demonstrated to a potential buyer by a bonafide aircraft manufacturer, distributor or dealership.
e) Ultralights and Ultralight Trainers (although the Division encourages registration).
f) Publicly owned aircraft including military aircraft. (See Section 44 of the Act.)
##### **92 Ill. Adm. Code 14.300** Registration of Airman {#sec-14.300 omnilex-key=us-il-regs-official--title-92--14.300}
Except as provided in Section 14.330, no person shall engage in the operation of an aircraft in Illinois unless he has obtained from the Division an effective registration of his current and appropriate airman certificate as issued by the FAA. No person shall engage in the operation of aircraft in Illinois unless current and qualified under 14 CFR 61, effective October 1, 2002. (See Section 43 of the Act.)
##### **92 Ill. Adm. Code 14.310** Time and Manner of Registration {#sec-14.310 omnilex-key=us-il-regs-official--title-92--14.310}
a) Except as provided in Section 14.330, all holders of Federal Airman Certificates engaged in the operation of aircraft in Illinois shall complete an Application for Registration of Federal Airman Certificate form (Form AER 1967) within 30 days after establishing residency in Illinois. Each completed application shall contain at least the same information that is shown on the Federal Airman Certificate, including all ratings attached to the certificate.
b) The fee for the registration of each Federal Airman Certificate is $20.00. Remittance shall be payable to the State Treasurer of Illinois and shall be included at the time the application for registration is submitted to the Division. (See Section 42 of the Act.)
c) The Division will then issue a Certificate of Registration. The Certificate of Registration will be mailed to the registrant as early as Division priorities allow.
d) No formal hearing will be held concerning an application for a Certificate of Registration. If additional information is needed, the Division may inquire about or investigate an application.
**History**
- *Source: Amended at 42 Ill. Reg. 7104, effective March 30, 2018*
##### **92 Ill. Adm. Code 14.320** Exhibition of Certificates {#sec-14.320 omnilex-key=us-il-regs-official--title-92--14.320}
a) The Federal Airman Certificate and the Division's Certificate of Registration shall be kept in the personal possession of the pilot when operating an aircraft in Illinois. Both certificates must be presented for inspection upon demand by any passenger, any peace officer of this State, any officer or authorized employee or Agent of the Division, or any official, manager, or person in charge of any airport or RLA in Illinois upon which the airman lands. (See Section 45 of the Act.)
b) In the event of loss, mutilation, correction (e.g., name change), or destruction of a Certificate of Registration, an airman may obtain a duplicate from the Division upon notifying the Division in writing and submitting a payment of $5.00 made payable to the State Treasurer of Illinois.
**History**
- *Source: Amended at 42 Ill. Reg. 7104, effective March 30, 2018*
##### **92 Ill. Adm. Code 14.330** Exceptions to Registration Requirements {#sec-14.330 omnilex-key=us-il-regs-official--title-92--14.330}
Sections 14.300, 310 and 320 do not apply to:
a) A pilot operating military or public aircraft or any aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of the licensed aircraft.
b) Any person piloting an aircraft that is equipped with fully functioning dual controls, when a licensed instructor is in full charge of one set of controls and the flight is solely for instruction, or for the demonstration of the aircraft to a bonafide potential buyer.
c) A non-resident, operating aircraft in Illinois lawfully entitled to operate aircraft in the state of his residence.
d) Pilots and flight instructors solely engaged in the flight of Ultralights and Ultralight Trainers (although the Division encourages registration).
e) A pilot operating or taking part in the operation of an aircraft engaged solely in commercial flying constituting an act of interstate or foreign commerce. (See Section 44 of the Act.)
##### **92 Ill. Adm. Code 14.400** Applicability {#sec-14.400 omnilex-key=us-il-regs-official--title-92--14.400}
This Subpart D applies to aircraft operated in the state of Illinois and the overlying airspace, except for aircraft engaged in special flight operations requiring deviation from this Subpart D that are conducted in accordance with the terms and conditions of a valid certificate of waiver issued by the FAA. For information on Special Purpose Aircraft and Ultralights, see Subparts I and J respectively. This Subpart D does not limit the authority of local officials to take appropriate action to stop, prevent or penalize individuals for or from creating a nuisance. Normal operations, however, do not constitute a nuisance.
##### **92 Ill. Adm. Code 14.410** Responsibility and Authority of Pilot {#sec-14.410 omnilex-key=us-il-regs-official--title-92--14.410}
The pilot-in-command of the aircraft shall be directly responsible for its operation and shall have final authority as to the operation of the aircraft. In emergency situations that require immediate decisions and actions (e.g., engine failure), the pilot-in-command may deviate from this Subpart D to the extent required for safety considerations. When emergency authority is exercised, the pilot-in-command, upon request of the Division, shall file a written report that, at a minimum, describes the circumstances of the emergency and how the pilot-in-command deviated from this Subpart D.
a) Careless or Reckless Operation
1) No pilot shall operate an aircraft in a careless or reckless manner so as to endanger the person or property of another.
2) Examples of careless or reckless aircraft operation that may endanger the person or property of another are:
A) Buzzing, diving on, or flying in close proximity to livestock, homes, any structure, aircraft, vehicle, vessel, person or group of persons.
B) Operating the aircraft at an insufficient altitude so as to endanger a person or property on the surface or passengers within the aircraft.
C) Lacking vigilance by the pilot to observe and avoid other air traffic.
D) Knowingly and substantially violating airport traffic rules established by the FAA or the airport owner.
E) Operating an aircraft without meeting the FAA's minimum qualifications and currency requirements for pilots.
b) Proximity of Aircraft. No pilot shall operate an aircraft in proximity to or on a course relative to other aircraft so as to create a collision hazard. No aircraft shall be operated in formation flight except by pre-arrangement between the pilot-in-command of each aircraft. No pilot shall operate an aircraft in formation flight when passengers are carried for hire.
c) Aerobatic Flight
1) No pilot shall intentionally fly an aircraft in aerobatic flight unless each occupant is equipped with a FAA approved parachute. Aerobatic flight relating to this Part means:
A) A bank in excess of 60º relative to the horizon; or
B) A nose up or nose down attitude in excess of 30º relative to the horizon.
2) No pilot shall engage in aerobatic flight under the following conditions:
A) Over congested areas of cities, towns, settlements, or over an open-air assembly of persons.
B) Within any FAA designated airway or within the lateral boundaries of the surface areas of Class B, Class C, Class D or Class E airspace designated for an airport.
C) When the flight visibility is less than three statute miles.
D) Below an altitude of 1,500 feet above the surface.
3) Subsection (c)(1) of this Section does not apply to:
A) Flight tests for pilot certification or rating; or
B) Spins and other flight maneuvers required by FAA regulations for any certificate or rating when given by:
i) An authorized flight instructor; or
ii) An airline transport pilot instructing in accordance with 14 CFR 61, effective October 1, 2002.
d) Minimum Safe Altitudes. Except when necessary for takeoff or landing, and except as permitted by a FAA low flying waiver, no pilot shall operate an aircraft below the following altitudes at the following locations:
1) Anywhere. An altitude that will permit, in the event of the failure of a power unit, an emergency landing without hazard to a person or property on the surface.
2) Over a Congested Area. Over any congested area of a city, town or settlement, or over any open-air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. Helicopters and aircraft having similar flight characteristics may be flown at less than the minimum prescribed in this subsection (d)(2) if such operations are conducted without hazard to or disturbance of persons or property on the surface and in accordance with subsection (d) of this Section. However, the Division, in the interest of safety, may prescribe specific routes and altitudes for the operations, with which Special Purpose Aircraft shall conform.
3) Over an Area Other Than Congested Area. At an altitude of 500 feet above the surface, except over open water or sparsely populated areas. In these cases, the aircraft shall not be operated closer than 500 feet to any person, vessel, vehicle or structure. Helicopters may be flown at less than the minimums prescribed in this subsection (d)(3) if the operations are conducted without hazard to a person or property on the surface, and in accordance with subsection (d) of this Section.
e) Aircraft Lights
1) Between sunset and sunrise, all aircraft in flight or operated on the ground, or under way on the water, shall display position lights and approved aviation red or aviation white anti-collision lights if so equipped.
2) Between sunrise and sunset, all aircraft in flight shall display approved aviation red or aviation white anti-collision lights. However, the anti-collision lights need not be lighted if the pilot-in-command determines, due to operating conditions and in the interest of safety, the lights need not be on.
f) Visual Flight Rules (VFR) – Basic VFR Weather Minimums
1) Except as provided in 14 CFR 91.155(b) or 14 CFR 91.157, effective October 1, 2002, no pilot may operate an aircraft under VFR when the flight visibility is less, or at a distance from clouds that is less, than that prescribed in 14 CFR 91.155(a), effective October 1, 2002.
2) When the visibility is less than one statute mile, a helicopter may be operated outside Class E airspace at 1,200 feet or less above the surface, if operated at a speed that allows the pilot adequate opportunity to see any air traffic or other obstruction in time to avoid a collision.
3) Except as provided in subsection (g) of this Section, no pilot may operate an aircraft beneath the ceiling within the lateral boundaries of Class E airspace designated to the surface for an airport, under VFR, when the ceiling is less than 1,000 feet.
4) Except as provided in subsection (g) of this Section, no person may takeoff or land an aircraft, or enter the traffic pattern of an airport, under VFR, within the lateral boundaries of the surface areas of Class B, Class C, Class D or Class E airspace designated for an airport unless:
A) Ground visibility at that airport is at least three statute miles; or
B) If ground visibility is not reported at that airport, flight visibility during landing or takeoff, or while operating in the traffic pattern, is at least three statute miles.
5) For the purposes of subsection (f) of this Section, an aircraft operating at the base altitude of Class E airspace is considered to be within the airspace directly below that area.
g) Visual Flight Rules – Special VFR Weather Minimums.
1) When a pilot has received an appropriate Air Traffic Control (ATC) clearance, the special weather minimums of this subsection (g)(1), instead of those contained in subsection (f) of this Section, apply to the operation of an aircraft under VFR by that pilot in a Class B, Class C, Class D or Class E airspace designated for an airport.
2) No pilot may operate an aircraft, other than a helicopter, under special VFR clearance, unless one statute mile of flight visibility and clear of clouds is maintained.
3) Except for helicopters, no pilot may operate an aircraft under special VFR clearance between sunset and sunrise, unless that person meets the requirements for instrument flight under 14 CFR 61, effective October 1, 2002, and the aircraft is equipped as required in 14 CFR 91.205(d), effective October 1, 2002.
h) VFR Cruising Altitude or Flight Level. Except while holding in a holding pattern of two minutes or less, or while turning, each pilot operating an aircraft under VFR in level cruising flight, more than 3,000 feet above the surface, shall maintain the appropriate altitude prescribed below.
1) When operating below 18,000 feet mean sea level (MSL) and:
A) On a magnetic course of zero degrees through 179 degrees, any odd thousand foot MSL altitude + 500 feet (such as 3,500, 5,500 or 7,500); or
B) On a magnetic course of 180 degrees through 359 degrees, any even thousand foot MSL altitude + 500 feet (such as 4,500, 6,500 or 8,500).
2) VFR Flight above 18,000 feet MSL is prohibited throughout the conterminous United States.
##### **92 Ill. Adm. Code 14.420** Use of Liquor, Narcotics and Drugs {#sec-14.420 omnilex-key=us-il-regs-official--title-92--14.420}
a) No person may act as a pilot or required crewmember of a civil aircraft:
1) within eight hours after the consumption of any alcoholic beverage;
2) while under the influence of alcohol;
3) while using any drug that affects his faculties in any way contrary to safety; or
4) while having .04 percent by weight or more alcohol in the blood. (See Section 43(d) of the Act.)
b) Except in an emergency, no pilot of a civil aircraft may allow a person who appears to be under the influence of intoxicating liquors or drugs (except a medical patient under proper care) to be carried as a passenger in that aircraft.
##### **92 Ill. Adm. Code 14.430** Transportation of Explosives, Dangerous Articles or Illegal Substances {#sec-14.430 omnilex-key=us-il-regs-official--title-92--14.430}
a) No person piloting an aircraft shall permit explosives or other dangerous articles or material such as flammable liquids or solids, oxidizing materials, corrosive liquids or solids, or tear gas to be carried in aircraft, unless carried, contained and transported in a safe (by federal standards) manner. Small arms and ammunition for personal use consistent with applicable federal and State laws, necessary aircraft signaling devices and equipment necessary for the safe operation of the aircraft are permitted.
b) The transportation of illegal substances is prohibited.
##### **92 Ill. Adm. Code 14.440** Dropping Objects from Aircraft {#sec-14.440 omnilex-key=us-il-regs-official--title-92--14.440}
a) No person, while operating or riding in any type of aircraft, shall cause to be dropped any object used to publicize or advertise any product, service, activity, or event; including circulars, posters, handbills, or other advertising matter.
b) No person, owner, or lessee, while operating or riding in any type of aircraft, may cause to be dropped any other object, unless he or she applies for and receives a dropping permit from the Division. Permit forms can be obtained by contacting the Division.
1) The completed permit form must be received at least 14 days prior to the date of the scheduled drop.
2) The permit form must specify the name and address of the person who will be authorized to make the drop, as well as the date, time, and place for the drop and the object to be dropped.
3) Approval is contingent upon whether the drop will constitute a safety hazard. If approved, the permit will be mailed to the person making the request before the day of the scheduled drop. (See Section 43(b) of the Act.)
c) This Section does not prohibit the otherwise lawful use of aircraft for agricultural applications, fire suppression, or pest control. The operator of an aircraft engaging in aerial applications shall carry on his or her person a permit issued by the Illinois Department of Agriculture. (See Section 43(b) of the Act.)
**History**
- *Source: Amended at 42 Ill. Reg. 7104, effective March 30, 2018*
##### **92 Ill. Adm. Code 14.450** Fuel Requirements for Flight in Vfr Conditions {#sec-14.450 omnilex-key=us-il-regs-official--title-92--14.450}
a) No pilot shall begin a flight in an airplane under VFR conditions unless, considering wind and forecast weather conditions, there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed:
1) during the day, to fly after that for at least 30 minutes; or
2) at night, to fly after that for at least 45 minutes.
b) No pilot shall begin a flight in a rotorcraft under VFR conditions unless, considering wind and forecast weather conditions, there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.
##### **92 Ill. Adm. Code 14.460** Fuel Requirements for Flight in Ifr Conditions {#sec-14.460 omnilex-key=us-il-regs-official--title-92--14.460}
a) Except as provided in subsection (b) of this Section, no pilot shall operate a civil aircraft in Instrument Flight Rule (IFR) conditions unless it carries enough fuel, considering weather reports and forecasts, and weather conditions, to:
1) complete the flight to the first airport of intended landing; and
2) fly from that airport to the alternate airport; and
3) fly after that for 45 minutes at normal cruising speed or, for rotorcraft, fly after that for 30 minutes at normal cruising speed.
b) Subsection (a)(2) of this Section does not apply if:
1) 14 CFR 97, effective October 1, 2002, prescribes a standard instrument approach procedure for the first airport of intended landing; and
2) for at least one hour before and one hour after the estimated time of arrival at the airport, the weather reports or forecasts, or any combination of them indicate:
A) the ceiling will be at least 2,000 feet above the airport elevation; and
B) visibility will be at least three statute miles.
##### **92 Ill. Adm. Code 14.500** Airport Classification {#sec-14.500 omnilex-key=us-il-regs-official--title-92--14.500}
Airports and Ultralight/Short Takeoff and Landing (STOL) Airports shall be classified as public-use or private-use. For purposes of this Subpart E, the word "airport" includes Ultralight/STOL airports. The minimum standards for the establishment, management or operation of airports shall be in accordance with this Subpart E, including the minimum dimensional standards for airports as shown in Section 14.Appendix A, Illustrations A, B, C and D.
##### **92 Ill. Adm. Code 14.510** Application for Certificate of Approval {#sec-14.510 omnilex-key=us-il-regs-official--title-92--14.510}
a) New Airports. The Division will issue a Certificate of Approval for an airport in accordance with Section 14.115, taking into consideration:
1) the airport’s proposed location;
2) the airport’s size and layout;
3) the relationship of the proposed airport to the then current State and Federal Airport and Airways System;
4) whether there are safe areas available for expansion purposes;
5) whether the adjoining areas are free from obstructions based on a proper glide ratio;
6) the nature of the terrain;
7) the nature of the uses to which the proposed airport will be put;
8) the possibilities for future development; and
9) the minimum standards contained in this Subpart E, including Section 14.Appendix A, Illustrations A, B, C and D. (See Section 48 of the Act.)
b) Transfer of Certificate of Approval. The Division will issue a new Certificate of Approval for the transfer of an airport in accordance with Section 14.120(a).
c) Modification of Certificate of Approval. The Division will issue a new Certificate of Approval after completion of an airport extension or alteration that requires a modification of the Certificate of Approval in accordance with Section 14.120(b).
##### **92 Ill. Adm. Code 14.520** Design and Layout Requirements {#sec-14.520 omnilex-key=us-il-regs-official--title-92--14.520}
The minimum airport design and layout requirements shall be in accordance with subsections (a) and (b) of this Section, and with the standards and limitations shown in Section 14.Appendix A, Illustrations A, B, C and D.
a) Multiple Runway Airport. Relative to the minimum standards for an airport, the Division will not recognize any additional landing area as a runway or landing strip, unless the proposed second or additional landing area has a runway length of at least 80% of the effective length of the primary runway, or unless it is a designated STOL runway. To be a designated STOL runway, it must meet the criteria as prescribed in Section 14.Appendix A, Illustrations C and D.
b) Line of Sight (LOS). Runway grades, terrain, structures, and permanent objects must be such that there will be an unobstructed LOS from any point five feet above one runway centerline to a point five feet above an intersecting runway centerline, both points being within the area of the runway's visibility zone. The runway's visibility zone is an area formed by connecting points located 50% of the distance between runway ends and the runway intersection. Additionally, LOS between same runway ends from a point five feet above the ends must be maintained. (See Section 14.Appendix A, Illustration E.)
##### **92 Ill. Adm. Code 14.530** Obstructions {#sec-14.530 omnilex-key=us-il-regs-official--title-92--14.530}
In order to be eligible for a Certificate of Approval under this Part, an airport must initially and continually be free of obstructions (e.g., buildings, trees, power poles, etc.) on all runway or landing approach/departure surfaces. Glide ratios and height limitations are shown in Section 14.Appendix A, Illustrations A and C.
##### **92 Ill. Adm. Code 14.540** Airport Marking {#sec-14.540 omnilex-key=us-il-regs-official--title-92--14.540}
a) Every airport shall be marked so that the usable landing area is clearly defined as observed from an altitude of l500' above ground level (AGL) in accordance with Section 14.Appendix A, Illustrations F and G.
b) Airports that have a non-standard traffic pattern are required to have a segmented circle with traffic arms. Section 14.Appendix A, Illustration H depicts the dimensional standards for a segmented circle.
c) Displaced thresholds (based on a 20:1 approach over all obstructions) shall be clearly marked in accordance with Section 14.Appendix A, Illustration I.
d) All obstructions, such as pole lines that extend above a 20:1 approach slope measured from the physical end of the runway, that are difficult for pilots to observe readily from the air shall be clearly marked.
e) All obstructions or field conditions that constitute a hazard to aircraft on the ground, shall be clearly marked and visible from the air (e.g., yellow tape, orange cones).
##### **92 Ill. Adm. Code 14.550** Facilities {#sec-14.550 omnilex-key=us-il-regs-official--title-92--14.550}
Every airport shall provide at least the minimum facilities as prescribed in Section 14.Appendix B, Table A.
##### **92 Ill. Adm. Code 14.560** Responsibility of a Public-Use Airport Certificate Holder {#sec-14.560 omnilex-key=us-il-regs-official--title-92--14.560}
The holder of a Certificate of Approval for a public-use airport, or his or her authorized agent, has the responsibility to enforce applicable federal, State and local aeronautical laws, and regulations of this Part. In addition to maintaining the terms and conditions outlined in the Certificate of Approval and its supporting Order, the Certificate Holder or agent must:
a) Immediately designate any condition that may render an aircraft landing or takeoff hazardous (e.g., rough terrain, soft ground) by prominently displaying an "X" as set forth in Appendix A, Illustration J; and, also, by notifying the appropriate Federal Aviation Administration Flight Service Station (FAA-FSS) of those conditions. All other hazardous conditions (e.g., snow or ice on runway) should be reported immediately or NOTAMED (Notice to Airmen) to the FAA-FSS.
b) Supervise or cause the supervision of all aeronautical activity in connection with the airport in the interest of public safety, except activity that may be controlled by an authorized air traffic control facility.
c) Have authorized personnel in attendance at the airport at all times during normal business hours (i.e., 8:00 AM to 5:00 PM). In the event that it is impractical to comply with the foregoing, the Certificate Holder or his or her agent shall post a prominent notice of the existing situation and provide a telephone number for assistance.
d) Ensure that the airport has a phone number by which Division personnel can reach the Certificate Holder or agent. In the event that the Certificate Holder or agent is not available at the airport number, an answering device at the airport number shall provide a message identifying a reliable secondary number where the Certificate Holder or agent can be reached. It is mandatory that any change in Certificate Holder/agent address or phone number be reported to the Division in writing, by phone, or by e-mail, within 10 days after the change.
e) Prescribe local airport rules that will be reviewed and approved, prior to their adoption, by the Division.
f) Develop and follow, on the property subject to his or her control, operational maintenance, and repair practices that will ensure that the landing area and approaches are free from hazards to the operation of aircraft.
g) Furnish the Division, upon request, with information concerning aircraft using the airport as an operating base, persons exercising managerial or supervisory functions at the airport, accidents, and the nature and extent of aeronautical activity occurring at the airport.
h) Obliterate all signs and markings that might indicate that the airport is still operating, prior to the Division issuing an Order closing the airport, in accordance with Section 14.120(c). Place an "X" on the field, as set forth in Appendix A, Illustration J, unless the airport is, or is proposed to be, operated as an RLA.
**History**
- *Source: Amended at 42 Ill. Reg. 7104, effective March 30, 2018*
##### **92 Ill. Adm. Code 14.570** Responsibility of a Private-Use Airport Certificate Holder {#sec-14.570 omnilex-key=us-il-regs-official--title-92--14.570}
The holder of a Certificate of Approval for a private-use airport, or his or her authorized agent, has the responsibility to enforce applicable federal, State and local aeronautical laws, and this Part. In addition to maintaining the terms and conditions outlined in the Certificate of Approval and its supporting Order, the Certificate Holder or agent must:
a) Immediately designate any condition that may render an aircraft landing or takeoff hazardous by prominently displaying an "X" as set forth in Appendix A, Illustration J.
b) Supervise or cause the supervision of all aeronautical activity in connection with the airport in the interest of safety.
c) Ensure that the airport has a phone number by which Division personnel can reach the Certificate Holder or designee. In the event that the Certificate Holder or designee is not available at the airport number, an answering device at the airport number shall provide a message identifying a reliable secondary number where the Certificate Holder or designee can be reached. It is mandatory that any change in Certificate Holder/designee address or phone number be reported to the Division in writing, by phone, or by e-mail, within 10 days after the change.
d) Prescribe local airport rules that will be reviewed and approved, prior to their adoption, by the Division.
e) Develop and follow, on the property subject to his or her control, operational maintenance and repair practices that will ensure that the landing area and approaches are free from hazards to the operation of aircraft.
f) Furnish the Division, upon request, with information concerning aircraft using the airport as an operating base, persons exercising managerial or supervisory functions at the airport, accidents, and the nature and extent of aeronautical activity occurring at the airport.
g) Obliterate all signs and markings that might indicate that the airport is still operating, prior to the Division issuing an Order closing the airport, in accordance with Section 14.120(c). Place an "X" on the field, as set forth in Appendix A, Illustration J, unless the airport is, or is proposed to be, operated as an RLA.
**History**
- *Source: Amended at 42 Ill. Reg. 7104, effective March 30, 2018*
##### **92 Ill. Adm. Code 14.600** Airport Classification {#sec-14.600 omnilex-key=us-il-regs-official--title-92--14.600}
Airports designated as seaplane bases or landing areas for seaplanes, or for non-conventional types of aircraft such as lighter-than-air aircraft or balloons shall be classified as public-use or private-use. The minimum standards for the establishment, management or operation of airports for non-conventional aircraft shall be in accordance with this Subpart F, including the minimum dimensional standards as shown in Section 14.Appendix C, Illustration A.
##### **92 Ill. Adm. Code 14.610** Application for Certificate of Approval {#sec-14.610 omnilex-key=us-il-regs-official--title-92--14.610}
Issuance of a Certificate of Approval to an operator of an airport for non-conventional aircraft does not exempt the operator from compliance with all applicable federal, State and local regulations.
a) New Airports. The Division will issue a Certificate of Approval for an airport for non-conventional aircraft in accordance with Section 14.115, taking into consideration:
1) the airport’s proposed location;
2) the airport’s size and layout;
3) the relationship of the proposed airport to the then current State and Federal Airport and Airways System;
4) whether there are safe areas available for expansion purposes;
5) whether the adjoining areas are free from obstructions based on a proper glide ratio;
6) the nature of the terrain;
7) the nature of the uses to which the proposed airport will be put;
8) the possibilities for future development; and
9) the minimum standards contained in this Subpart F, including Section 14.Appendix C, Illustration A. (See Section 48 of the Act.)
b) Transfer of Certificate of Approval. The Division will issue a new Certificate of Approval for the transfer of an airport in accordance with Section 14.120(a).
c) Modification of Certificate of Approval. The Division will issue a new Certificate of Approval after completion of an airport extension or alteration that requires a modification to the Certificate of Approval in accordance with Section 14.120(b).
##### **92 Ill. Adm. Code 14.620** Public-Use of Airports for Non-Conventional Aircraft {#sec-14.620 omnilex-key=us-il-regs-official--title-92--14.620}
a) Balloon Port
1) Physical Standards. The diameter of the launch circle shall be a minimum of 300 feet, as shown in Appendix C, Illustration A.
2) Minimum Departure Slope. A balloon port must provide a 1:1 departure slope as measured from the nearest edge of the circle throughout its entire 360º circumference. All public utility lines, towers of all types, and inhabited buildings or dwellings must be cleared by at least 5:1 as measured from the nearest edge of the circle.
3) Facilities. Every balloon port shall provide:
A) Wind direction/velocity indicator (must be lighted for night use).
B) Adequate fire protection equipment.
C) Potable water during business hours.
D) Sanitary restroom facilities.
E) First-aid kit.
4) Responsibility of a Public-Use Balloon Port Certificate Holder
A) Supervise or cause the supervision of all aeronautical activity in connection with the balloon port in the interest of public safety, except activity that may be controlled by an authorized air traffic control facility.
B) Have authorized personnel in attendance at the balloon port at all times during normal business hours (i.e., 8:00 AM to 5:00 PM). In the event that it is impractical to comply with the foregoing, the Certificate Holder or his or her agent shall post a prominent notice of the existing situation and provide a telephone number for assistance.
C) Ensure that the balloon port has a phone number by which Division personnel can reach the Certificate Holder or his or her agent. In the event that the Certificate Holder or agent is not available at this number, an answering device at the balloon port number shall provide a message identifying a reliable secondary number where the Certificate Holder or agent can be reached. It is mandatory that any change in Certificate Holder/agent address or phone number be reported to the Division in writing, by phone, or by e-mail, within 10 days after the change.
D) Prescribe local balloon port rules that will be reviewed and approved, prior to their adoption, by the Division.
E) Develop and follow, on the property subject to the Certificate Holder's control, operational maintenance and repair practices that will ensure that the landing area and approaches are free from hazards to the operation of aircraft.
F) Furnish the Division, upon request, information concerning aircraft using the balloon port as an operating base, persons exercising managerial or supervisory functions at the balloon port, accidents, and the nature and extent of aeronautical activity occurring at the balloon port.
b) Seaplane Base
1) Physical Standards for Water Lane. Water landing and departure surfaces must be a minimum of 400 feet in width, as shown in Appendix C, Illustration A.
2) Water Lane Length and Minimum Clearances. The water lane length for all approaches to and takeoff from the water shall be sufficient to allow for a 100' clearance over all structures on land and water.
3) Facilities. Every seaplane base shall provide:
A) Wind direction/velocity indicator (must be lighted for night use).
B) One 20# fire extinguisher (two with sale of fuel).
C) Docking or beaching facility.
D) Accessible emergency personal flotation device (life ring or preserver).
E) Potable water.
F) Sanitary restrooms.
G) First-aid kit.
H) Segmented circle with arms where a non-standard traffic pattern is used.
I) Fuel.
4) Responsibility of a Public-Use Seaplane Base Certificate Holder
A) Notify the appropriate FAA-FSS of hazardous conditions.
B) Supervise or cause the supervision of all aeronautical activity in connection with the seaplane base in the interest of public safety, except activity that may be controlled by an authorized air traffic control facility.
C) Have authorized personnel in attendance at the seaplane base at all times during normal business hours (i.e., 8:00 AM to 5:00 PM). In the event that it is impractical to comply with the foregoing, the Certificate Holder or his or her agent shall post a prominent notice of the existing situation and provide a telephone number for assistance.
D) Ensure that the seaplane base has a phone number by which Division personnel can reach the Certificate Holder or his or her agent. In the event that the Certificate Holder or agent is not available at this number, an answering device at the seaplane base number shall provide a message identifying a reliable secondary number where the Certificate Holder or agent can be reached. It is mandatory that any change in Certificate Holder/agent address or phone number be reported to the Division in writing, by phone, or by e-mail, within 10 days after the change.
E) Prescribe local seaplane base rules that will be reviewed and approved, prior to their adoption, by the Division.
F) Develop and follow, on the property subject to the Certificate Holder's control, operational maintenance and repair practices that will ensure that the landing area and approaches are free from hazards to the operation of aircraft.
G) Furnish the Division, upon request, information concerning aircraft using the seaplane base as an operating base, persons exercising managerial or supervisory functions at the seaplane base, accidents, and the nature and extent of aeronautical activity occurring at the seaplane base.
**History**
- *Source: Amended at 42 Ill. Reg. 7104, effective March 30, 2018*
##### **92 Ill. Adm. Code 14.630** Private-Use of Airports for Non-Conventional Aircraft {#sec-14.630 omnilex-key=us-il-regs-official--title-92--14.630}
a) Balloon Port
1) Physical Standards. The diameter of the launch circle shall be a minimum of 300 feet, as shown in Appendix C, Illustration A.
2) Minimum Departure Slope. A balloon port must provide a 1:1 departure slope as measured from the nearest edge of the circle throughout its entire 360º circumference. All public utility lines, towers of all types, and inhabited buildings or dwellings must be cleared by at least 5:1 as measured from the nearest edge of the circle.
3) Facilities. Every balloon port shall provide a wind direction/velocity indicator (must be lighted for night use).
4) Responsibility of a Private-Use Balloon Port Certificate Holder
A) Supervise or cause the supervision of all aeronautical activity in connection with the balloon port in the interest of safety.
B) Ensure that the balloon port has a phone number by which Division personnel can reach the Certificate Holder or agent. In the event that the Certificate Holder or agent is not available at this number, an answering device at the balloon port number shall provide a message identifying a reliable secondary number where the Certificate Holder or agent can be reached. It is mandatory that any change in Certificate Holder/agent address or phone number be reported to the Division in writing, by phone, or by e-mail, within 10 days after the change.
C) Prescribe local balloon port rules that will be reviewed and approved, prior to their adoption, by the Division.
D) Develop and follow, on the property subject to his or her control, operational maintenance and repair practices that will ensure that the landing area and approaches are free from hazards to the operation of aircraft.
E) Furnish the Division, upon request, with information concerning aircraft using the balloon port as an operating base, persons exercising managerial or supervisory functions at the balloon port, accidents, and the nature and extent of aeronautical activity occurring at the balloon port.
b) Seaplane Base
1) Physical Standards. Water landing and departure surfaces must be a minimum of 400 feet in width, as shown in Appendix C, Illustration A.
2) Minimum Clearances. All approaches to and departures from the water area shall be sufficient to clear all structures on the land or in the water by at least 100 feet.
3) Facilities. Every seaplane base shall provide a wind direction/velocity indicator (must be lighted for night use).
4) Responsibility of a Private-Use Seaplane Base Certificate Holder:
A) Supervise or cause the supervision of all aeronautical activity in connection with the seaplane base in the interest of safety.
B) Ensure that the seaplane base has a phone number by which Division personnel can reach the Certificate Holder or his or her agent. In the event that the Certificate Holder or agent is not available at this number, an answering device at the seaplane base number shall provide a message identifying a reliable secondary number where the Certificate Holder or agent can be reached. It is mandatory that any change in Certificate Holder/agent address or phone number be reported to the Division in writing, by phone, or by e-mail, within 10 days after the change.
C) Prescribe local seaplane base rules that will be reviewed and approved, prior to their adoption, by the Division.
D) Develop and follow, on the property subject to his or her control, operational maintenance and repair practices that will ensure that the landing area and approaches are free from hazards to the operation of aircraft.
E) Furnish the Division, upon request, with information concerning aircraft using the seaplane base as an operating base, persons exercising managerial or supervisory functions at the seaplane base, accidents, and the nature and extent of aeronautical activity occurring at the seaplane base.
**History**
- *Source: Amended at 42 Ill. Reg. 7104, effective March 30, 2018*
##### **92 Ill. Adm. Code 14.640** Restrictions on Use {#sec-14.640 omnilex-key=us-il-regs-official--title-92--14.640}
For restrictions on use see Section 14.Appendix D, Table A.
##### **92 Ill. Adm. Code 14.700** Restricted Landing Area Classification {#sec-14.700 omnilex-key=us-il-regs-official--title-92--14.700}
Restricted Landing Areas (RLAs) shall be classified as private-use only. For the purposes of this Subpart G, RLA includes Ultralight/STOL RLAs. An RLA shall provide a landing area sufficient for a safe operation, taking into consideration the type of aircraft to be used and the skill level of the pilots using the RLA. The minimum standards for the establishment, management or operation of RLAs shall be in accordance with this Subpart G, including the minimum dimensional standards as shown in Appendix E, Illustrations A, B, C and D.
**History**
- *Source: Amended at 38 Ill. Reg. 20064, effective October 2, 2014*
##### **92 Ill. Adm. Code 14.710** Application for Certificate of Approval {#sec-14.710 omnilex-key=us-il-regs-official--title-92--14.710}
a) New RLAs. The Division will issue a Certificate of Approval for an RLA in accordance with Section 14.115, and taking into consideration:
1) the RLA's proposed location;
2) the RLA's size and layout;
3) the relationship of the proposed RLA to the then current State and Federal Airport and Airways System;
4) whether there are safe areas available for expansion purposes;
5) whether the adjoining areas are free from obstructions based on a proper glide ratio;
6) the nature of the terrain;
7) the nature of the uses to which the proposed RLA will be put;
8) the possibilities for future development; and
9) the minimum standards contained in this Subpart G, including Appendix E, Illustrations A, B, C and D. (See Section 48 of the Act.)
b) Transfer of Certificate of Approval. The Division will issue a new Certificate of Approval for the transfer of an RLA in accordance with Section 14.120(a).
c) Modification of Certificate of Approval. The Division will issue a new Certificate of Approval after completion of an RLA extension or alteration that requires a modification of the Certificate of Approval in accordance with Section 14.120(b).
**History**
- *Source: Amended at 38 Ill. Reg. 20064, effective October 2, 2014*
##### **92 Ill. Adm. Code 14.720** Design and Layout Requirements {#sec-14.720 omnilex-key=us-il-regs-official--title-92--14.720}
The minimum RLA design and layout requirements shall be in accordance with the standards and limitations shown in Appendix E, Illustrations A, B, C and D.
**History**
- *Source: Amended at 38 Ill. Reg. 20064, effective October 2, 2014*
##### **92 Ill. Adm. Code 14.730** Obstructions {#sec-14.730 omnilex-key=us-il-regs-official--title-92--14.730}
In order for an RLA to be eligible for a Certificate of Approval under this Part, an RLA must initially and continually be free of obstructions (e.g., trees, power lines) on all runways or landing strips within the glide ratio and height limitations shown in Appendix E, Illustrations A and C.
**History**
- *Source: Amended at 38 Ill. Reg. 20064, effective October 2, 2014*
##### **92 Ill. Adm. Code 14.740** Facilities {#sec-14.740 omnilex-key=us-il-regs-official--title-92--14.740}
Every RLA shall provide:
a) Wind direction/velocity indicator (must be lighted for night use); and
b) Clearly marked thresholds and/or displaced thresholds visible from 1500' above ground level (AGL) as shown in Appendix E, Illustration E.
**History**
- *Source: Amended at 38 Ill. Reg. 20064, effective October 2, 2014*
##### **92 Ill. Adm. Code 14.750** Responsibility of a Restricted Landing Area Certificate Holder {#sec-14.750 omnilex-key=us-il-regs-official--title-92--14.750}
The holder of a Certificate of Approval for an RLA or his or her authorized agent has the responsibility to enforce applicable federal, State and local aeronautical laws, and regulations of this Part. In addition to maintaining the terms and conditions outlined in the Certificate of Approval and its supporting Order, the Certificate Holder or his or her agent must:
a) Immediately designate any condition that may render an aircraft landing or takeoff hazardous by prominently displaying an "X" as set forth in Appendix E, Illustration F.
b) Supervise or cause the supervision of all aeronautical activity in connection with the RLA in the interest of safety.
c) Maintain the landing area and approaches so as to permit safe operation in accordance with original certification standards.
d) Ensure that the RLA has a phone number by which Division personnel can reach the Certificate Holder or his or her agent. In the event that the Certificate Holder or agent is not available at this number, a reliable secondary number where the Certificate Holder or agent can be reached shall be available. It is mandatory that any change in Certificate Holder/agent address or phone number be reported to the Division in writing, by phone, or by e-mail, within 10 days after the change.
e) Furnish the Division, upon request, with information concerning aircraft using the RLA as an operating base, persons exercising managerial or supervisory functions at the RLA, accidents and the nature and extent of aeronautical activity occurring at the RLA.
f) Obliterate all signs and markings that might indicate that the RLA is still operating as such, prior to the Division issuing an Order closing the RLA, in accordance with Section 14.120(c).
**History**
- *Source: Amended at 42 Ill. Reg. 7104, effective March 30, 2018*
##### **92 Ill. Adm. Code 14.760** Fly-in Events, Prevention of Accidents Due to Overcrowding of Landing Areas {#sec-14.760 omnilex-key=us-il-regs-official--title-92--14.760}
a) Whenever a fly-in event (more than six aircraft) is staged or held at any RLA, it shall be the responsibility of the Certificate Holder to:
1) Provide, install, display and maintain clearly visible "Closed Runway" X markers, in accordance with Appendix E, Illustration F (each of the four arms of each X marker must be at least 60 feet long and at least 10 feet wide and of a color (preferably yellow) to contrast with the background on which it is installed).
A) Keep X markers in place at all times during the course of the event at or near each end of each landing strip or runway, other than the active landing strip or runway, to prevent mistaken or inadvertent use for landing.
B) Keep X markers in place at or near each end of the active landing strip or runway when all aircraft that can be accommodated have landed; or, where field, spectator, weather conditions or departure of aircraft on the ground shall render further landing of aircraft hazardous.
2) Provide personnel to guide landed aircraft to and from the aircraft parking area and provide, designate and regulate parking of aircraft, automobiles or other vehicles in a safe manner.
3) Provide and designate by readily discernible markings, landing strips or runways and taxiing space for landings and takeoffs, and aircraft movement on the ground during the course of the event. Landing strips or runways and taxiing space must be kept clear of persons, vehicles, animals and aircraft on the ground that are not taking off, landing or taxiing. In the event that any landing strip or runway, and any taxiing space, shall be approximately parallel, there shall be a clear minimum distance of 100 feet between their adjacent edges. Participating aircraft shall not be permitted to park closer than 100 feet to the edge-designating marker of a landing strip or runway used or designated for that use during the course of the event.
b) It shall be the responsibility of the pilot of each aircraft participating in a fly-in event to look for and abide by:
1) any restrictions displayed;
2) "Closed Runway" X markers; and
3) all taxiing and parking directions.
**History**
- *Source: Amended at 38 Ill. Reg. 20064, effective October 2, 2014*
##### **92 Ill. Adm. Code 14.770** Restrictions on Use {#sec-14.770 omnilex-key=us-il-regs-official--title-92--14.770}
For restrictions on use see Section 14.Appendix F, Table A.
##### **92 Ill. Adm. Code 14.800** Heliport/Vertiport Classification {#sec-14.800 omnilex-key=us-il-regs-official--title-92--14.800}
Heliports and Vertiports shall be classified as public-use or private-use. They may be designated as a Hospital Heliport, Helistop, Heliport, Vertiport or Vertistop. For purposes of this Subpart H, the word "heliport" includes vertiports, vertistops and helistops. The minimum standards for the establishment, management or operation of heliports shall be in accordance with this Subpart H, including the minimum dimensional standards shown in Section 14.Appendix G, Illustrations A, B and C and Section 14.Appendix H, Table A.
##### **92 Ill. Adm. Code 14.810** Application for Certificate of Approval {#sec-14.810 omnilex-key=us-il-regs-official--title-92--14.810}
a) New Heliports. The Division will issue a Certificate of Approval for a heliport in accordance with Section 14.115, and, taking into consideration:
1) the heliport’s proposed location;
2) the heliport’s size and layout;
3) the relationship of the proposed heliport to the then current State and Federal Airport and Airways System;
4) whether there are safe areas available for expansion purposes;
5) whether the adjoining areas are free from obstructions based on a
proper glide ratio;
6) the nature of the terrain;
7) the nature of the uses to which the proposed heliport will be put;
8) the possibilities for future development; and
9) the minimum standards contained in this Subpart H, including Section
14.Appendix G, Illustrations A, B and C and Section 14.Appendix H, Table A. (See Section 48 of the Act.)
b) Transfer of Certificate. The Division will issue a new Certificate of Approval for the transfer of a heliport in accordance with Section 14.120(a).
c) Modification of Certificate of Approval. The Division will issue a new Certificate of Approval after completion of a heliport extension or alteration that requires a modification to the Certificate of Approval in accordance with Section 14.120(b). For purposes of this Section the phrase, "extension or alteration" shall include the following:
1) physical relocation of the FATO by more than 100' laterally or 25' vertically from the original certificated location;
2) change in any approach/takeoff path by more than 30 degrees; or
3) construction of one or more additional FATOs or TLOFs. (See Section 47 of the Act.)
##### **92 Ill. Adm. Code 14.820** Design and Layout Requirements {#sec-14.820 omnilex-key=us-il-regs-official--title-92--14.820}
Every heliport is required to have two defined approach/takeoff paths a minimum of 90° apart. Minimum heliport design and layout requirements shall be in accordance with the standards and limitations shown in Section 14.Appendix G, Illustrations A, B and C, and described in Section 14.Appendix H, Table A.
##### **92 Ill. Adm. Code 14.830** Obstructions {#sec-14.830 omnilex-key=us-il-regs-official--title-92--14.830}
Minimum heliport obstruction clearance standards shall be in accordance with Section 14.Appendix G, Illustration D. In order to be eligible for a Certificate of Approval under this Part, a heliport must initially and continually be free of obstructions (e.g., power poles, trees, fencing, etc.) on all approach/takeoff paths within the glide ratio and height limitations shown in Section 14.Appendix G, Illustration D.
##### **92 Ill. Adm. Code 14.840** Heliport Marking {#sec-14.840 omnilex-key=us-il-regs-official--title-92--14.840}
Every heliport shall be marked so that the usable landing area is clearly defined as observed from an altitude of 500’ AGL, in accordance with Section 14.Appendix G, Illustrations E, F and G.
##### **92 Ill. Adm. Code 14.850** Facilities {#sec-14.850 omnilex-key=us-il-regs-official--title-92--14.850}
Every heliport shall provide at least the minimum facilities as prescribed in Section 14.Appendix H, Table B.
##### **92 Ill. Adm. Code 14.860** Responsibility of a Public-Use Heliport Certificate Holder {#sec-14.860 omnilex-key=us-il-regs-official--title-92--14.860}
The holder of a Certificate of Approval for a public-use heliport, or his or her authorized agent, has the responsibility to enforce applicable federal, State, and local aeronautical laws, and this Part. In addition to maintaining the terms and conditions outlined in the Certificate of Approval and its supporting Order, the Certificate Holder or agent must:
a) Immediately designate any condition that may render an aircraft landing or takeoff hazardous by displaying prominently a contrasting "X" over the FATO/TLOF, that is visible from a minimum of 500' AGL, and notify the appropriate FAA-FSS.
b) Supervise or cause the supervision of all aeronautical activity in connection with, and in conformity with, the limitations prescribed in this Subpart H for a heliport.
c) Have authorized personnel in attendance at the heliport at all times during published business hours (excluding helistops). In the event that it is impractical to comply with the foregoing, the Certificate Holder or agent shall post a prominent notice of the existing situation and provide a telephone number for assistance.
d) Ensure that the heliport has a phone number by which Division personnel can reach the Certificate Holder or his or her agent. In the event that the Certificate Holder or agent is not available at the heliport number, an answering device at the heliport number shall provide a message identifying a reliable secondary number where the Certificate Holder or agent can be reached. It is mandatory that any change in Certificate Holder/agent address or phone number be reported to the Division in writing, by phone, or by e-mail, within 10 days after the change.
e) Prescribe local heliport rules that will be reviewed and approved, prior to their adoption, by the Division.
f) Develop and follow, on the property subject to his or her control, operational maintenance and repair practices, that will ensure that the landing area and approaches are free from hazards to the operation of aircraft.
g) Furnish the Division, upon request, information concerning aircraft using the heliport as an operating base, persons exercising managerial or supervisory functions at the heliport, accidents, and the nature and extent of aeronautical activity occurring at the heliport.
h) Obliterate all signs and markings that might indicate that the heliport is still operating, prior to the Division issuing an Order closing the heliport, in accordance with Section 14.120(c).
**History**
- *Source: Amended at 42 Ill. Reg. 7104, effective March 30, 2018*
##### **92 Ill. Adm. Code 14.870** Responsibility of a Private-Use Heliport, Restricted Landing Area Heliport, and Hospital Heliport Certificate Holder {#sec-14.870 omnilex-key=us-il-regs-official--title-92--14.870}
The holder of a Certificate of Approval for a private-use heliport, restricted landing area heliport, or hospital heliport, or his or her authorized agent, has the responsibility to enforce applicable federal, State, and local aeronautical laws, and this Part. In addition to maintaining the terms and conditions outlined in the Certificate of Approval and its supporting Order, the Certificate Holder or agent must:
a) Immediately designate any condition that may render an aircraft landing or takeoff hazardous by displaying prominently a contrasting "X" over the FATO/TLOF that is visible from a minimum of 500' AGL.
b) Supervise or cause the supervision of all aeronautical activity in connection with the heliport in the interest of safety.
c) Ensure that the heliport has a phone number by which Division personnel can reach the Certificate Holder or his or her agent. In the event that the Certificate Holder or agent is not available at the heliport number, an answering device at the heliport number shall provide a message identifying a reliable secondary number where the Certificate Holder or agent can be reached. It is mandatory that any change in Certificate Holder/agent address or phone number be reported to the Division in writing, by phone, or by e-mail, within 10 days after the change.
d) Prescribe local heliport rules that will be reviewed and approved, prior to their adoption, by the Division.
e) Develop and follow, on the property subject to his or her control, operational maintenance and repair practices that will ensure that the heliport and approaches are free from hazards to the operation of aircraft.
f) Furnish the Division, upon request, with information concerning aircraft using the heliport as an operating base, persons exercising managerial or supervisory functions at the heliport, accidents, and the nature and extent of aeronautical activity occurring at the heliport.
g) Obliterate all signs and markings that might indicate that the heliport is still operating, prior to the Division issuing an Order closing the heliport, in accordance with Section 14.120(c).
**History**
- *Source: Amended at 42 Ill. Reg. 7104, effective March 30, 2018*
##### **92 Ill. Adm. Code 14.880** Restrictions on Use {#sec-14.880 omnilex-key=us-il-regs-official--title-92--14.880}
For restrictions on use see Section 14.Appendix H, Table C.
##### **92 Ill. Adm. Code 14.900** Special Purpose Aircraft Designation {#sec-14.900 omnilex-key=us-il-regs-official--title-92--14.900}
The following aircraft are designated as Special Purpose Aircraft:
a) Seaplanes, non-conventional type of aircraft such as lighter-than-air aircraft, or manned balloons.
b) Sailplanes, gliders, and other powerless, heavier-than-air aircraft.
c) Agricultural aircraft during the time they are being used solely for agricultural aerial applications.
d) Helicopters/VTOL Aircraft.
e) Powered parachutes that are registered with the FAA.
f) Any other aircraft as designated by the Division.
**History**
- *Source: Amended at 42 Ill. Reg. 7104, effective March 30, 2018*
##### **92 Ill. Adm. Code 14.910** Registration of Special Purpose Aircraft {#sec-14.910 omnilex-key=us-il-regs-official--title-92--14.910}
a) It shall be unlawful for any person to operate an aircraft designated as a Special Purpose Aircraft, under Section 14.900, to or from an uncertificated area in the state of Illinois, without first receiving a Certificate of Registration as a Special Purpose Aircraft from the Division. Application shall be made on forms prescribed by the Division, and shall include the name of the owner of the certificated area to be used for the Special Purpose Aircraft. Additionally, any other supporting information and documentation, as may be required from time to time by the Division for the registration of a Special Purpose Aircraft under Section 14.900, shall be submitted to the Division with the application. No aircraft shall be considered a Special Purpose Aircraft until the Division has issued a Certificate of Registration to the owner of the aircraft. The Certificate of Registration shall be carried in the Special Purpose Aircraft at all times while it is being operated in the State of Illinois as a Special Purpose Aircraft. (See Section 47 of the Act.)
b) The certificate of registration is non-transferable either as to the applicant or the aircraft and authorizes only those uses proposed in the application. The certificate shall be valid for as long as the applicant owns the aircraft identified in the application, provided the aircraft’s Federal Aircraft Certificate is properly registered annually with the State of Illinois in accordance with Subpart B.
##### **92 Ill. Adm. Code 14.920** Exemption from Registration {#sec-14.920 omnilex-key=us-il-regs-official--title-92--14.920}
Aircraft designated as Special Purpose Aircraft under the provisions of Section 14.900, that are owned by non-residents and based outside the State of Illinois, are exempt from the Special Purpose Aircraft registration requirements provided the aircraft complies with all other applicable Sections of this Subpart I, except Section 14.930.
##### **92 Ill. Adm. Code 14.930** Compliance with Aircraft Registration {#sec-14.930 omnilex-key=us-il-regs-official--title-92--14.930}
Regardless of any other provisions in this Subpart I, no aircraft shall be designated as a Special Purpose Aircraft unless the aircraft is properly registered with the Division, in accordance with Subpart B, as required by the Act. (See Section 43 of the Act.)
##### **92 Ill. Adm. Code 14.940** Liability {#sec-14.940 omnilex-key=us-il-regs-official--title-92--14.940}
The pilot-in-command and/or owner of a Special Purpose Aircraft, operating to or from an uncertificated area shall be responsible for, and by so operating shall assume, the responsibility for any liability that may arise out of these operations. This Part shall not be interpreted as, nor does it give the pilot-in-command of the aircraft the right to trespass upon the property of another. The foregoing does not relieve a property owner from liability to invitees for damage arising from defects for which they have actual or constructive knowledge.
##### **92 Ill. Adm. Code 14.950** Special Purpose Aircraft Operations {#sec-14.950 omnilex-key=us-il-regs-official--title-92--14.950}
a) Gliders/Sailplanes. Gliders/Sailplanes may utilize an uncertificated area for landings, but are expressly prohibited from taking off from an uncertificated area.
b) Balloons and Powered Parachutes. Manned balloons, other lighter-than-air aircraft, and powered parachutes properly registered with the Division may operate within the State of Illinois from uncertificated areas provided:
1) the pilot-in-command and/or the owner adheres to all of the requirements contained in this Part; and
2) the powered parachutes, balloons, and their pilots and/or owners comply with all of the requirements of 14 CFR 91 (January 1, 2017) applicable to special purpose aircraft flight and/or operations. No later editions of or amendments to 14 CFR 91 are incorporated.
c) Helicopters/VTOL Aircraft. A helicopter cannot conduct more than 50 operations (takeoffs or landings) in a period of three consecutive months or 100 operations in a period of one year from the same uncertificated area. The same uncertificated area shall not be used for more than one year. An uncertificated area is defined as any location within a 2000' radius of the first point of landing.
**History**
- *Source: Amended at 42 Ill. Reg. 7104, effective March 30, 2018*
##### **92 Ill. Adm. Code 14.960** Saving Clause {#sec-14.960 omnilex-key=us-il-regs-official--title-92--14.960}
The registration of an aircraft as a Special Purpose Aircraft and any other provisions contained in this Part shall in no way nullify any state laws that presently prohibit the landing or takeoff of aircraft from any public highway. These restrictions shall apply to aircraft registered as Special Purpose Aircraft, except aircraft owned or operated by the United States government, the state of Illinois and political subdivisions, and aircraft being used for medical emergencies. This Subpart I is not intended to interfere with any city, village or county ordinances.
##### **92 Ill. Adm. Code 14.1000** Registration for Ultralights and Ultralight Trainers {#sec-14.1000 omnilex-key=us-il-regs-official--title-92--14.1000}
Registration of Ultralights and Ultralight Trainers (and pilots of such aircraft) with the Division is encouraged but not required.
##### **92 Ill. Adm. Code 14.1010** Liability {#sec-14.1010 omnilex-key=us-il-regs-official--title-92--14.1010}
The pilot-in-command and/or owner of an ultralight aircraft, operating to or from an uncertificated area shall be responsible for, and by so operating shall assume, the responsibility for any liability that may arise out of these operations. This Part shall not be interpreted as, nor does it give the pilot-in-command of the aircraft the right to trespass upon the property of another. The foregoing does not relieve a property owner from liability to invitees for damage arising from defects for which they have actual or constructive knowledge.
##### **92 Ill. Adm. Code 14.1020** Ultralight/Ultralight Trainer Operations {#sec-14.1020 omnilex-key=us-il-regs-official--title-92--14.1020}
a) Ultralights. Ultralight aircraft may operate from all certificated airports in Illinois subject to the rules and/or ordinances prohibiting such operation as adopted by the airport owner. The landing and takeoff of Ultralights will be permitted in uncertificated areas anywhere except the following:
1) within four nautical miles of any airport;
2) within two nautical miles of a RLA; or
3) within one nautical mile of a heliport; unless, a Certificate of Approval has been issued. The flight over any congested area of a city, town or settlement, or over any open-air assembly of persons is prohibited.
b) Ultralight Trainers. The landing and takeoff of Ultralight Trainers shall be limited to airports approved for flight instruction by the Division. The flight of Ultralight Trainers over any congested area of a city, town or settlement, or over any open-air assembly of persons is prohibited.
##### **92 Ill. Adm. Code 14.1030** Saving Clause {#sec-14.1030 omnilex-key=us-il-regs-official--title-92--14.1030}
The designation of aircraft as Ultralights or Ultralight Trainers, and any other provisions contained in this Subpart J, shall in no way nullify any state laws that presently prohibit the landing or takeoff of Ultralights or Ultralight Trainers from any public highway. These restrictions shall apply to aircraft designated as Ultralights or Ultralight Trainers, except those Ultralights or Ultralight Trainers owned or operated by the United States government, the state of Illinois and political subdivisions, and Ultralights or Ultralight Trainers being used for medical emergencies. This Part shall not be interpreted nor is it intended to interfere with any city, village or county ordinances that may restrict the uncertificated area from which an Ultralight or Ultralight Trainer may takeoff and/or land within the jurisdiction of the local governmental agency.
##### **92 Ill. Adm. Code 14.1100** Purpose and Applicability {#sec-14.1100 omnilex-key=us-il-regs-official--title-92--14.1100}
a) This Subpart serves as a guideline for the conduct of proceedings before the Division of Aeronautics. Because the Division functions under several statutes and because the procedural requirements of those statutes are not always consistent, this Subpart must be flexible and must vest significant discretion in how a proceeding is to be conducted by the Director of Aeronautics or the Administrative Law Judge ("ALJ") assigned.
b) This Part applies only to non-contested cases such as hearings relating to the promulgation of airport hazard zoning regulations and the issuance (cf., involuntary revocation) of certificates for airports and restricted landing areas. Hearings for a "contested case", as that term is defined in the Illinois Administrative Procedure Act (IAPA) [5 ILCS 100], will be conducted in accordance with applicable requirements of the IAPA, regulations of the Illinois Department of Transportation, and procedures established by the Illinois Aeronautics Act [620 ILCS 5].
##### **92 Ill. Adm. Code 14.1105** Filing of Documents {#sec-14.1105 omnilex-key=us-il-regs-official--title-92--14.1105}
Documents required to be filed with the Illinois Department of Transportation, Division of Aeronautics, shall be filed with the Director of the Division unless an Administrative Law Judge (ALJ) is involved. If an ALJ is involved, all materials shall be filed with the ALJ. Such documents shall be deemed filed when they are actually received and accompanied by the filing fee, if one is required.
##### **92 Ill. Adm. Code 14.1110** Formal Specifications {#sec-14.1110 omnilex-key=us-il-regs-official--title-92--14.1110}
All documents filed with the Division shall be typewritten or printed. Typewritten documents shall be on strong, durable paper not larger than 8½ by 11 inches, except that tables, maps and other documents may be larger if necessary, and if folded to the size of the document to which they are attached. Text shall be double-spaced except for footnotes and long quotations, which may be single-spaced. Type smaller than elite shall not be used. The left margin shall not be less than 1½ inches and all other margins at least one inch. If the document is bound, it shall be bound on the left side.
##### **92 Ill. Adm. Code 14.1115** Copies {#sec-14.1115 omnilex-key=us-il-regs-official--title-92--14.1115}
a) Unless otherwise specified, an executed original and one true copy of each document shall be filed. Copies of signed documents shall show the date and signatures appearing on the original.
b) Copies of the Division's records may be obtained, upon written request and payment of the actual costs of copying, pursuant to the Freedom of Information Act [5 ILCS 140].
##### **92 Ill. Adm. Code 14.1120** Verification of Documents {#sec-14.1120 omnilex-key=us-il-regs-official--title-92--14.1120}
Unless otherwise required by applicable rules or regulations, every document in the nature of a pleading, including motions and answers thereto but excepting briefs and assignments of error, shall be dated, signed and verified substantially in the following form:
VERIFICATION
I have read and am familiar with the contents of the foregoing document and the attached exhibits, if any. I intend and desire that in granting or denying the relief requested, the Division shall place full and complete reliance upon the accuracy of each and every statement made in that document. I have diligently attempted to ascertain the truth of all such statements. Every statement contained in this document is true and not misleading, to the best of my knowledge and belief.
DATE: ____________
____________________
SIGNATURE
##### **92 Ill. Adm. Code 14.1125** Identity of Filer {#sec-14.1125 omnilex-key=us-il-regs-official--title-92--14.1125}
All documents shall identify the name, telephone number, and post office address of the person filing the document.
##### **92 Ill. Adm. Code 14.1130** Amendment of Documents {#sec-14.1130 omnilex-key=us-il-regs-official--title-92--14.1130}
a) A pleading may be amended prior to the filing of a responsive pleading, or if no reply is filed, prior to the publishing either of a Notice of Hearing on the subject matter of the pleading or of the Order. Thereafter, amendments may be made only with leave of the Director or the ALJ.
b) All amendments shall be consecutively numbered, commencing with Amendment No. 1, and shall identify the document being amended.
##### **92 Ill. Adm. Code 14.1135** Responsive Documents {#sec-14.1135 omnilex-key=us-il-regs-official--title-92--14.1135}
Answers to applications, complaints, petitions, motions, or other documents or Orders instituting proceedings may be filed by any interested person. Protests or memoranda of opposition or support permitted by this Subpart may be filed in lieu of answers or combined with answers.
##### **92 Ill. Adm. Code 14.1140** Service of Documents {#sec-14.1140 omnilex-key=us-il-regs-official--title-92--14.1140}
a) The Division. Formal complaints, Notices and Orders shall be served by the Division.
b) The Parties. Petitions, informal complaints, motions, answers, protests and memoranda shall be served by the party filing the same on all other parties and on each person known to have a substantial interest in the proceeding. Responsive documents shall be served on all the parties.
c) How Service may be Made. Service may be made by first class, registered, or certified mail; by electronic means (e.g., telefax), or by personal delivery.
d) Proof of Service. Any document required to be served by this Part, shall contain a certificate of mailing or personal delivery executed by the person serving the document.
e) Date of Service. Whenever proof of service is made, the date of mailing or the date of personal delivery shall be the date of service.
##### **92 Ill. Adm. Code 14.1145** Appearances {#sec-14.1145 omnilex-key=us-il-regs-official--title-92--14.1145}
a) Who May Appear. Any party to a proceeding may appear and be heard in person or by attorney. A corporation, association, or public body or agency (including the Division) may appear and present evidence by any bona fide officer, employee or representative.
b) Right to Counsel. Any party to any proceeding governed by this Subpart K may be accompanied, represented and advised by counsel, and may be examined by his own counsel.
##### **92 Ill. Adm. Code 14.1150** Informal Participation in Hearing Cases {#sec-14.1150 omnilex-key=us-il-regs-official--title-92--14.1150}
In any proceeding which is to be determined after Notice and hearing, any interested person may appear and present evidence which is relevant to the issues. Such evidence shall be presented in either oral or written form as the ALJ, in his sole discretion, may direct. With the consent of the ALJ, such person may cross-examine witnesses and be cross-examined and within the time fixed, submit written statements or a brief to the ALJ with respect to the issues, which shall be filed and served as required of intervenors.
##### **92 Ill. Adm. Code 14.1155** Formal Participation {#sec-14.1155 omnilex-key=us-il-regs-official--title-92--14.1155}
Any person may file an application for leave to intervene in a proceeding, which application shall show a statutory right or a substantial interest in the proceeding. A person permitted to intervene in a proceeding thereby becomes a party to the proceeding for all purposes. No decision granting or denying intervention shall be deemed to constitute an expression of the Division with respect to the substantive right of the intervenor.
##### **92 Ill. Adm. Code 14.1160** Computation of Time {#sec-14.1160 omnilex-key=us-il-regs-official--title-92--14.1160}
a) In computing any period of time prescribed or allowed by this Subpart, Notice, Order, regulation of the Division, the ALJ, or by any applicable statute; the day of the act, event or default after which the designated period of time begins to run, is not to be included.
b) The last day of the period so computed is to be included, unless it is a Saturday, Sunday or legal holiday for the Division, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor a legal holiday for the Division. When the period of time prescribed is seven days or less, intermediate Saturdays, Sundays and legal holidays for the Division shall be excluded in the computation.
##### **92 Ill. Adm. Code 14.1165** Extensions of Time {#sec-14.1165 omnilex-key=us-il-regs-official--title-92--14.1165}
The Division or the ALJ assigned to any proceeding may extend the time for taking any action, without notice, before the expiration of the prescribed period; or, on written motion, permit the act to be done after the expiration of the specified period when such action would be conducive to the ends of justice or not adverse to the public interest.
##### **92 Ill. Adm. Code 14.1170** Motions {#sec-14.1170 omnilex-key=us-il-regs-official--title-92--14.1170}
An application to the Division or the ALJ for an Order or ruling not otherwise specifically provided for shall be by written motion, except during hearing when it may be made orally. After a proceeding is assigned to an ALJ, all motions relating to procedural matters shall be addressed to the ALJ and no interlocutory appeal of his decision will be entertained. The ALJ may, in his discretion, refer any motion to the Director for decision. All motions shall be made at an appropriate time and served on all participants to the proceeding. This Section does not apply to motions for rehearing, reargument or reconsideration.
##### **92 Ill. Adm. Code 14.1175** Answers to Motions {#sec-14.1175 omnilex-key=us-il-regs-official--title-92--14.1175}
Within 10 days after a motion is served, or such other period as the Division or the ALJ may fix, a participant in the proceeding may file an answer. Replies to answers shall not be allowed, but all new matter contained in the answer shall be deemed controverted.
##### **92 Ill. Adm. Code 14.1180** Subpoenas {#sec-14.1180 omnilex-key=us-il-regs-official--title-92--14.1180}
a) Issuance. Subpoenas for the attendance of witnesses, or for the production of books, papers, accounts or documents at a hearing in a proceeding pending before the Division may be issued by the Director or by the ALJ assigned to the proceeding, either sua sponte or on the written motion of a party showing good cause for the issuance of the subpoena.
b) Motion. Motion for subpoenas shall be verified and shall specify the books, papers, accounts or documents desired, and the material and relevant facts to be proved by them. No subpoena shall be issued unless it is first determined that the matter sought is relevant, material and necessary, and that compliance with the subpoena will not result in harassment or undue hardship, inconvenience or expense to the party subpoenaed.
c) Service. Service of subpoenas and payment of witness fees and expenses shall be made in the manner prescribed by the Illinois Supreme Court Rules, the Code of Civil Procedure [735 ILCS 5], and Section 47 of the Fees and Salaries Act [55 ILCS 45/47].
##### **92 Ill. Adm. Code 14.1185** Administrative Law Judge (alj) {#sec-14.1185 omnilex-key=us-il-regs-official--title-92--14.1185}
a) Qualification. An ALJ must have knowledge of, and be willing to act consistent with, the policies of the Division of Aeronautics.
b) Duties and Authority. The ALJ shall have the following powers, in addition to any other specified in this Subpart K:
1) to give notice concerning and to hold hearings;
2) to administer oaths and affirmations;
3) to examine witnesses;
4) to issue subpoenas and to take or cause depositions to be taken;
5) to rule upon offers of proof and to receive relevant evidence;
6) to regulate the course and conduct of the hearing;
7) to determine the form in which evidence shall be submitted and the number of copies to be supplied and served;
8) to hold conferences, before or during the hearing, for the settlement or simplification of issues;
9) to rule on motions and to dispose of procedural requests or similar matters;
10) to grant extensions of time on any matter connected with the hearing;
11) to take any other action authorized by this Part, or by any Illinois aeronautics statute;
12) to waive, or otherwise grant a variance from, such procedural requirements as may be helpful to avoid an impracticable or unduly harsh consequence and which would not result in harm, cost or inconvenience to other persons; and
13) to rule on requests for protective Orders, which would prevent the disclosure of proprietary or personal information, whose disclosure would not be a public benefit.
##### **92 Ill. Adm. Code 14.1190** Hearings {#sec-14.1190 omnilex-key=us-il-regs-official--title-92--14.1190}
a) Notice. The ALJ to whom the case is assigned, or the Division, shall give the parties reasonable notice of the time and place for a hearing or of the change in the date and place of a hearing and the nature of such hearing.
b) Evidence. Evidence presented at the hearing shall be given under oath unless waived by the ALJ and shall be limited to material evidence relevant to the issues in the proceedings. Neither the Division, nor the ALJ, shall be bound by the technical rules of evidence or pleading; and, no informality in any proceeding, in the manner of content or testimony taken in a proceeding, shall invalidate any agency Order, decision or ruling made, approved or confirmed by the Division.
c) Administrative Notice. The Division will take notice of its Orders, decisions, rules and regulations, and of any fact of which the courts and administrative agencies of the state of Illinois may take official notice.
d) Limitation of Witnesses. The ALJ may limit the number of witnesses whose testimony is merely cumulative. The ALJ shall excuse, and remove if necessary, witnesses not offering relevant and material evidence.
e) Construction. Rules with respect to evidence shall be applied toward the end that all needful and proper evidence shall be conveniently, inexpensively and speedily heard while preserving the substantial rights of the parties and the witnesses.
f) Objections to Evidence. Objections to the admission or exclusion of evidence shall be in short form, stating the grounds of objections relied upon, and the transcript shall not include argument or debate thereon except as ordered by the ALJ. Rulings on such objections shall be a part of the transcript, to the extent that a transcript may exist.
g) Exceptions. Formal exceptions to the rulings of the ALJ made during the course of the hearing are unnecessary. For all purposes for which an exception otherwise would be taken, it is sufficient that a party, at the time of the ruling of the ALJ is made or sought, makes known the action he desires the ALJ to take or his objection to an action taken, and his grounds therefor.
h) Offers of Proof. Any offer of proof made in connection with an objection taken to any ruling of the ALJ, rejecting or excluding proffered oral testimony, shall consist of a statement of the substance of the evidence, which counsel contends would be adduced by such testimony; and, if the excluded evidence consists of evidence in documentary or written form, or reference to documents or records, a copy of such evidence shall be marked for identification and shall constitute the offer of proof.
i) Substitution of Copies for Original Exhibits. In his discretion, the ALJ may permit a party to withdraw original documents offered in evidence and substitute true copies in lieu thereof.
j) Record of Hearings. The ALJ shall determine whether the hearing shall be recorded electronically or whether a reporter shall record and prepare a transcript of the hearing. The ALJ shall make necessary arrangements for recording the hearing. If the record is made electronically, the unaltered tape or other recording medium shall be kept for three years. The tape shall be transcribed when the Division determines that it is necessary to do so (for example, for an appeal). The failure to have a stenographer prepare a transcript shall not invalidate a hearing.
k) Corrections to Transcript. Changes in the official transcript may be made only when errors affecting substance are found. A motion to correct a transcript may be filed within 10 days after notice of the official transcript is sent to a party and before an Order is entered. If no objection is received, the transcript shall be automatically corrected. If an objection is received, the ALJ shall enter an Order on the motion.
l) Briefs and Arguments. The ALJ may permit oral argument to be presented to him at the close of the hearing. Briefs and written argument may be submitted to him, if permitted by him in his discretion, and within the time prescribed by him. Copies of briefs and written arguments shall be served on all parties.
##### **92 Ill. Adm. Code 14.1195** Petition for Rehearing {#sec-14.1195 omnilex-key=us-il-regs-official--title-92--14.1195}
Within thirty days after the service of any ruling, Order or decision of the Division based upon a hearing, any party or person affected thereby may apply for a rehearing thereof in respect of any matter connected therewith specified in such application for rehearing. Petitions for rehearing shall be in writing, and shall state specifically the grounds relied upon for such rehearing, and shall be accompanied by proof of service thereof upon all the parties and persons affected thereby.
##### **92 Ill. Adm. Code 14.1196** Administrative Review {#sec-14.1196 omnilex-key=us-il-regs-official--title-92--14.1196}
Final decisions of the Division may be appealed in accordance with the Administrative Review Law [735 ILCS 5/Art III].
##### **92 Ill. Adm. Code 14.APPENDIX** A Airport Standards {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.ILLUSTRATION A Airports (Public- or Private-Use) Minimum Dimensional Standards
##### **92 Ill. Adm. Code 14.APPENDIX** A Airport Standards {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.ILLUSTRATION B Airports (Public- or Private-Use) Minimum Separation & Gradient Standards
##### **92 Ill. Adm. Code 14.APPENDIX** A Airport Standards {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.ILLUSTRATION C Ultralight/STOL Airports (Public- or Private-Use) Minimum Dimensional Standards
##### **92 Ill. Adm. Code 14.APPENDIX** A Airport Standards {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.ILLUSTRATION D Ultralight/STOL Airports (Public- or Private-Use) Minimum Separation & Gradient Standards
##### **92 Ill. Adm. Code 14.APPENDIX** A Airport Standards {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.ILLUSTRATION E Airports (Public- or Private-Use) Line of Sight
##### **92 Ill. Adm. Code 14.APPENDIX** A Airport Standards {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.ILLUSTRATION F Airports (Public- or Private-Use) Visual Runway Markings
##### **92 Ill. Adm. Code 14.APPENDIX** A Airport Standards {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.ILLUSTRATION G Airports (Public- or Private-Use) Numerals Detail
##### **92 Ill. Adm. Code 14.APPENDIX** A Airport Standards {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.ILLUSTRATION H Airports and Non-Standard Traffic Patterns (Public- or Private-Use) Segmented Circle Detail
##### **92 Ill. Adm. Code 14.APPENDIX** A Airport Standards {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.ILLUSTRATION I Airports (Public- or Private-Use) Displaced Threshold Markings
##### **92 Ill. Adm. Code 14.APPENDIX** A Airport Standards {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.ILLUSTRATION J Airports (Public- or Private-Use) Closed Airport and Closed Runway Marker
##### **92 Ill. Adm. Code 14.APPENDIX** B Airport Facility Requirements and Restrictions on Use {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.TABLE A Facility Requirements
Item
Airports Public-Use
Airports Private-Use
Ultralight/STOL Airports
Public-Use
Ultralight/STOL Airports
Private-Use
Access Control a) Spectator
b) Vehicular
c) Perimeter
Required
Required
Not Required (Encouraged)
Recommended
Recommended
Recommended
Required
Required
Not Required (Encouraged)
Recommended
Recommended
Recommended
Segmented Circle Marker where a non-standard traffic pattern is used 1
Required
Required
Required
Required
Fire Protection
Required − one 20# extinguisher
two where fueling is present
Recommended
Required
Recommended
First-Aid Kit
Required
Recommended
Required
Recommended
Fuel Sales
Required during normal business hours
Available by phone after business hours
Not Required
Recommended during normal business hours
Not Required
Hangar/Office Access
Required during normal business hours
Not Required
Recommended during normal business hours
Not Required
Potable Water
Required
Recommended
Required
Recommended
Runway Lights
Required for night use
Required for night use
Required for night use
Required for night use
Sanitary Restroom
Required during normal business hours
Available by phone after business hours
Recommended
Required during normal business hours
Available by phone after business hours
Recommended
Item
Airports
Public-Use
Airports
Private-Use
Ultralight/STOL
Airports
Public-Use
Ultralight/STOL
Airports
Private-Use
Tie-Down Facilities
Required
Recommended
Required
Recommended
Wind Direction/ Velocity Indicator (must be lighted for night use)2
Required
Required
Required
Required
1 Not required where 24-hour tower is in operation.
2 Lighting required if runway lights are available.
**History**
- *Source: Amended at 37 Ill. Reg. 15127, effective August 30, 2013*
##### **92 Ill. Adm. Code 14.APPENDIX** B Airport Facility Requirements and Restrictions on Use {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.TABLE B Restrictions on Use
Use
Airports Public-Use
Airports Private-Use
Ultralight/STOL Airports
Public-Use
Ultralight/STOL Airports
Private-Use
Aircraft Rental
Allowed
Allowed
Allowed
Allowed
Based Agricultural Operations
Allowed
Allowed
Allowed
Allowed
# of Based Aircraft
No restrictions
No restrictions
No restrictions on Ultralight trainers, registered Special Purpose or aircraft certificated for STOL operations.
No restrictions on Ultralight trainers, registered Special Purpose or aircraft certificated for STOL operations.
Carrying of Passengers for Hire
Allowed
Allowed
Allowed
Allowed
Commercial Maintenance
Allowed
Allowed
Allowed
Allowed
Commercial Parachute Operations
Allowed
Allowed
Take-offs Prohibited.
Take-offs Prohibited.
Flight Instruction
Unrestricted
Unrestricted
Unrestricted
Unrestricted
Fly-In Events
Allowed
Allowed
Allowed
Allowed
Through-the-Fence Operations
Allowed – license approval required by the Division.
Allowed – location and number of access points to be approved by the Division.
Allowed – location and number of access points to be approved by the Division.
Allowed – location and number of access points to be approved by the Division.
Applications of De-icing Agents
Only non-corrosive de-icing agents allowed.
Only non-corrosive de-icing agents allowed.
Only non-corrosive de-icing agents allowed.
Only non-corrosive de-icing agents allowed.
##### **92 Ill. Adm. Code 14.APPENDIX** C Airports for Non-Conventional Aircraft Standards {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.ILLUSTRATION A Airports for Non-Conventional Aircraft Minimum Dimensional Standards
##### **92 Ill. Adm. Code 14.APPENDIX** D Airports for Non-Conventional Aircraft Restrictions on Use {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.TABLE A Restrictions on Use
Use
Airports for Non-Conventional Aircraft
Public-Use
Airports for Non-Conventional Aircraft
Private-Use
Aircraft Rental
Rental aircraft must be designated as Special Purpose or exempted aircraft.
Rental aircraft must be designated as Special Purpose or exempted aircraft.
Based Agricultural Operations
Allowed
Allowed
Based Aircraft
No restrictions on number. Must be designated as Special Purpose or exempted aircraft.
No restrictions on number. Must be designated as Special Purpose or exempted aircraft.
Carrying of Passengers for Hire
Allowed
Allowed
Commercial Maintenance
Allowed
Allowed
Commercial Parachute Operations
Allowed
Allowed
Flight Instruction
Restricted to aircraft designated in Illinois as Special Purpose unless exempted.
Restricted to aircraft designated in Illinois as Special Purpose unless exempted.
Fly-In Events
Aircraft must be designated as Special Purpose or exempted aircraft.
By personal invitation only. (Prior approval and permit required from the Division.) Restricted to Special Purpose or exempted aircraft.
Application of De-icing Agents
Only non-corrosive de-icing agents allowed.
Only non-corrosive de-icing agents allowed.
##### **92 Ill. Adm. Code 14.APPENDIX** E Restricted Landing Areas Standards {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.ILLUSTRATION A Restricted Landing Areas Minimum Dimensional Standards
**History**
- *Source: Amended at 38 Ill. Reg. 20064, effective October 2, 2014*
##### **92 Ill. Adm. Code 14.APPENDIX** E Restricted Landing Areas Standards {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.ILLUSTRATION B Restricted Landing Areas Minimum Separation & Gradient Standards
**History**
- *Source: Amended at 38 Ill. Reg. 20064, effective October 2, 2014*
##### **92 Ill. Adm. Code 14.APPENDIX** E Restricted Landing Areas Standards {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.ILLUSTRATION C Ultralight/STOL Restricted Landing Areas Minimum Dimensional Standards
**History**
- *Source: Old Illustration C renumbered to Appendix E, Illustration E and new Illustration C added at 38 Ill. Reg. 20064, effective October 2, 2014*
##### **92 Ill. Adm. Code 14.APPENDIX** E Restricted Landing Areas Standards {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.ILLUSTRATION D Ultralight/STOL Restricted Landing Areas Minimum Separation & Gradient Standards
**History**
- *Source: Old Illustration D renumbered to Appendix E, Illustration F and new Illustration D added at 38 Ill. Reg. 20064, effective October 2, 2014*
##### **92 Ill. Adm. Code 14.APPENDIX** E Restricted Landing Areas Standards {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.ILLUSTRATION E Restricted Landing Areas Displaced Threshold Markings
**History**
- *Source: Renumbered from Appendix E, Illustration C at 38 Ill. Reg. 20064, effective October 2, 2014*
##### **92 Ill. Adm. Code 14.APPENDIX** E Restricted Landing Areas Standards {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.ILLUSTRATION F Restricted Landing Areas Closed RLA & Closed Runway Marker
**History**
- *Source: Renumbered from Appendix E, Illustration D at 38 Ill. Reg. 20064, effective October 2, 2014*
##### **92 Ill. Adm. Code 14.APPENDIX** F Restricted Landing Areas Restrictions on Use {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.TABLE A Restrictions on Use
Use
Restricted Landing Area
Ultralight/STOL
Restricted Landing Area
Aircraft Rental
Prohibited
Prohibited
Based Agricultural Operations
Allowed
Allowed
Based Aircraft
Maximum of six based aircraft.
No Restrictions
Carrying of Passengers for Hire
Prohibited*
Prohibited*
Commercial Maintenance
Prohibited
Prohibited
Commercial Parachute Operations
Prohibited
Prohibited
Flight Instruction
a) Restricted to immediate family of Certificate Holder (excluding certificates held by corporation). Non-continuous.
b) Specialized dual instruction originating from a bona fide flight training operation based at an airport.
Prohibited
Fly-In Events
(More than six Aircraft)
By personal invitation only. (Prior approval and permit required from the Division.)
By personal invitation only. (Prior approval and permit required from the Division.)
Through-the-Fence Operations
Allowed − location and number of access points to be approved by the Division (maximum of six aircraft).
Prohibited
Application of De-icing Agents
Only non-corrosive de-icing agents allowed.
Only non-corrosive de-icing agents allowed.
*Except for EMS operations.
##### **92 Ill. Adm. Code 14.APPENDIX** G Heliport/Vertiport Standards {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.ILLUSTRATION A Public- or Private-Use Heliport/Vertiport Minimum Dimensional Standards
##### **92 Ill. Adm. Code 14.APPENDIX** G Heliport/Vertiport Standards {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.ILLUSTRATION B Restricted Landing Area Heliport Minimum Dimensional Standards
##### **92 Ill. Adm. Code 14.APPENDIX** G Heliport/Vertiport Standards {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.ILLUSTRATION C Hospital Heliport Minimum Dimensional Standards
##### **92 Ill. Adm. Code 14.APPENDIX** G Heliport/Vertiport Standards {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.ILLUSTRATION D Heliports Sample Obstruction Clearance Slope Calculations
##### **92 Ill. Adm. Code 14.APPENDIX** G Heliport/Vertiport Standards {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.ILLUSTRATION E Public or Private Heliport (Non-Hospital) Typical Heliport Marking
##### **92 Ill. Adm. Code 14.APPENDIX** G Heliport/Vertiport Standards {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.ILLUSTRATION F Rooftop or Elevated Hospital Heliport Typical Heliport Marking
##### **92 Ill. Adm. Code 14.APPENDIX** G Heliport/Vertiport Standards {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.ILLUSTRATION G Surface Hospital Heliport Typical Heliport Marking
##### **92 Ill. Adm. Code 14.APPENDIX** H Heliport/Vertiport Standards, Facility Requirements and Restrictions on Use {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.TABLE A Heliport Standards
Standard
Heliport/ Helistop
Vertiport/ Vertistop
Public-Use
Heliport/ Helistop
Vertiport/ Vertistop
Private-Use
Heliport/ Helistop
Vertiport/ Vertistop
Restricted Landing Area
Heliport/ Helistop
Vertiport/ Vertistop
Hospital
Minimum TLOF (Helipad) Size*
1 Rotor Diameter
1 Rotor Diameter
1 Rotor Diameter (Recommended)
1 Rotor Diameter (40’ Minimum)
Minimum FATO (Clear Area) Size
2 x Rotor Diameter (100’ Minimum)
2 x Rotor Diameter (100’ Minimum)
2 x Rotor Diameter (100’ Minimum)
2 x Rotor Diameter (100’ Minimum)
Approach/ Departure Path Requirements
2 – 90º Apart Minimum (with 2:1 side transition)
8:1 Min. Slope
2 – 90º Apart Minimum (with 2:1 side transition)
8:1 Min. Slope
2 – 90º Apart Minimum
1st Approach − 8:1 Min. Slope
2nd Approach − may be 5:1 Min. Slope if necessary
2 − 90º Apart Minimum
1st Approach − 8:1 Min. Slope
2nd Approach − may be 5:1 Min. Slope if necessary
*NOTE: A 6” REINFORCED CONCRETE TLOF IS RECOMMENDED. If a concrete TLOF is not used, the FATO edges and center must be marked.
##### **92 Ill. Adm. Code 14.APPENDIX** H Heliport/Vertiport Standards, Facility Requirements and Restrictions on Use {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.TABLE B Facility Requirements
Item
Heliport/ Helistop
Vertiport/ Vertistop
Public-Use
Heliport/ Helistop
Vertiport/ Vertistop
Private-Use
Heliport/ Helistop
Vertiport/ Vertistop
Restricted Landing Area
Hospital Heliport/ Helistop
Vertiport/ Vertistop
Access Control
a) Spectator
b) Vehicular
c) Perimeter
Required
Required
Required
Recommended
Recommended
Recommended
Recommended
Recommended
Recommended
Required
Required
Required
Security and access may be controlled by hospital
Fire Protection
Required for heliports – one 20# extinguisher (two where fueling is present)
Required for heliports – one 20# extinguisher (two where fueling is present)
Recommended
Required – one 20# extinguisher (two where fueling is present)
First-Aid Kit
Required for heliport only
Recommended for heliport
Not Required
Not Required
Fuel & Oil Sales
Required for heliport during normal business hours
Available by phone after business hours
Not Required
Not Required
Not Required
Hangar/Office
Required for heliport only
Not Required
Not Required
Not Required
Identification Beacons
Required for heliports
Recommended
Not Required
Recommended and required for all Trauma Centers
Item
Heliport/ Helistop
Vertiport/ Vertistop
Public-Use
Heliport/ Helistop
Vertiport/ Vertistop
Private-Use
Heliport/ Helistop
Vertiport/ Vertistop
Restricted Landing Area
Hospital Heliport/ Helistop Vertiport/ Vertistop
Lead-in Lights and Arrows
Required for heliports
Recommended
Not Required
Recommended
Marked FATO and/or TLOF Identifiable from 500' AGL
Required
Required
Required
Required
Paved TLOF
Recommended
Recommended
Not Required
Recommended
Perimeter/Flood Lighting
Required for night use
Required for night use
Recommended for night use
Required for night use
Potable Water
Required for heliport during normal business hours
Available by phone after business hours
Not Required
Not Required
Not Required
Horizontal Safety Fence for Heliports Elevated 30" or Higher
Required
Required
Required
Required
Sanitary Restroom
Required for heliport during normal business hours
Available by phone after business hours
Not Required
Not Required
Not Required
Wind Direction / Velocity Indicator (must be lighted for night use)
Required
Required
Required
Required
**History**
- *Source: Amended at 37 Ill. Reg. 15127, effective August 30, 2013*
##### **92 Ill. Adm. Code 14.APPENDIX** H Heliport/Vertiport Standards, Facility Requirements and Restrictions on Use {#sec-14.appendix omnilex-key=us-il-regs-official--title-92--14.APPENDIX}
Section 14.TABLE C Restrictions on Use
Use
Heliport/ Helistop
Vertiport / Vertistop
Public-Use
Heliport/ Helistop
Vertiport / Vertistop
Private-Use
Heliport/ Helistop
Vertiport / Vertistop
Restricted Landing Area
Hospital Heliport/ Helistop
Vertiport / Vertistop
Based Aircraft
No Restrictions
No Restrictions
Maximum of Six Based Helicopters.
Maximum of Six Based Helicopters.
Carrying of Passengers for Hire
Allowed
Allowed
Prohibited as Based Operation
EMS only
Commercial Maintenance
Allowed for heliports only
Allowed for heliports only
Prohibited
Prohibited
Flight Instruction
Unrestricted
Unrestricted
a) Restricted to immediate family of Certificate Holder (excluding cert. held by corp.). Non-continuous.
b) Specialized dual instruction originating from a bonafide flight training operation based at a heliport.
Prohibited
Through-the-Fence Operations
Allowed
Not Applicable
Not Applicable
Not Applicable
Agricultural Operations
Allowed
Allowed
Allowed
Not Applicable
Application of De-icing Agents
Only non-corrosive de-icing agents allowed.
Only non-corrosive de-icing agents allowed.
Only non-corrosive de-icing agents allowed.
Only non-corrosive de-icing agents allowed.
#### **Part 15** Airport Land Loan Program
##### **92 Ill. Adm. Code 15.10** Purpose {#sec-15.10 omnilex-key=us-il-regs-official--title-92--15.10}
This Part establishes the requirements and procedures to be followed when the Illinois Department of Transportation, Division of Aeronautics, lends money to public airport owners from the Airport Land Loan Revolving Fund for the purpose of acquiring real estate interests needed to improve publicly owned airports or to protect the public's interest in, and safety at, such airports. [620 ILCS 5/34b(a)]
##### **92 Ill. Adm. Code 15.20** Definitions {#sec-15.20 omnilex-key=us-il-regs-official--title-92--15.20}
As used in this Part:
"Act" means the Illinois Aeronautics Act [620 ILCS 5/34b].
"Airport Land Loan Revolving Fund" is a special State fund, created pursuant to Section 8.36 of the State Finance Act [30 ILCS 105/8.36], in the State Treasury from which appropriations for loans to public airport owners may be made by the Department of Transportation pursuant to Section 34b of the Illinois Aeronautics Act [620 ILCS 5/34b].
"Airport Layout Plan (ALP)" means a schematic showing the size and location of all runways, taxiways, and other pertinent features of a publicly owned airport that may affect the movement of aircraft. An airport layout plan is developed according to the Federal Aviation Administration's (the FAA's) Advisory Circular 150/5300-13, "Airport Design Manual" and must be approved by the Department.
"Department" means the Illinois Department of Transportation.
"Division" means the Illinois Department of Transportation, Division of Aeronautics.
"FAA" means the United States Department of Transportation, Federal Aviation Administration.
"Part" means the regulations contained in this document promulgated to implement the Airport Land Loan Program and located at 92 Ill. Adm. Code 15.
"Property" means the interest in real estate that is to be purchased, in whole or in part, with money borrowed under this Part. This term includes property interests less than fee simple ownership, such as easements.
"Public Airport Owner (the Owner)" means an agency or political subdivision of the State of Illinois that owns and operates a public airport. This term may include, but is not necessarily limited to, counties, municipalities, park districts, airport authorities, universities, and port districts.
##### **92 Ill. Adm. Code 15.30** Airport Eligibility {#sec-15.30 omnilex-key=us-il-regs-official--title-92--15.30}
The Department may make a loan to an Owner subject to the following conditions and in compliance with this Part:
a) the airport must be publicly owned;
b) the airport must have been in operation as of January 1, 1999 (Section 34b(a)(1) of the Act);
c) the Owner must have current height restrictive zoning for the public airport (see 620 ILCS 25 and 30);
d) the airport does not provide scheduled commercial air service in counties greater than 5,000,000 population (Section 34b(a)(2) of the Act);
e) the Owner is not in default of an outstanding, unpaid loan under this Part.
**History**
- *Source: Amended at 26 Ill. Reg. 18476, effective December 12, 2002*
##### **92 Ill. Adm. Code 15.40** Eligible Property {#sec-15.40 omnilex-key=us-il-regs-official--title-92--15.40}
Only property meeting the following conditions will be eligible for purchase with funds loaned under this Part.
a) The property must be shown on the ALP.
b) The property must not have significant environmental problems or liabilities as determined by the Department. Environmental problems or liabilities are considered significant if the cost of remedying such conditions exceeds 40% of the value of the property. If federal reimbursement is to be sought, the Owner must comply with the National Environmental Policy Act of 1969 (42 USC 4321 - 4347) as well as with all pertinent federal and State regulations and directives related to environmental impacts. Even if no federal reimbursement is anticipated, the Department must be fully advised of environmental conditions, prior to closing, by a formal statement from an environmental professional approved by the Department. The cost of this environmental statement is eligible to be included in the loan amount.
c) The property to be acquired must be part of a planned airport improvement or real estate acquisition project. The property shall be capable of being used and developed, for airport purposes, in substantial compliance with State and federal laws.
##### **92 Ill. Adm. Code 15.50** Application Procedure {#sec-15.50 omnilex-key=us-il-regs-official--title-92--15.50}
Applications for loans under this Part shall be made in writing on forms that are approved by the Department. Evidence must be provided with the application that the governing body of the Owner has approved the loan request. An example of such evidence would be a certified resolution by the governing body of the Owner. Application forms are available upon request by contacting the Chief of Airport Engineering, Division of Aeronautics, #1 Langhorne Bond Drive, Springfield, Illinois 62707-8415, 217-785-8514, Fax # 217-785-4533; or at aero@nt.dot.state.il.us.
##### **92 Ill. Adm. Code 15.60** Evaluating and Prioritizing Loan Applications {#sec-15.60 omnilex-key=us-il-regs-official--title-92--15.60}
a) Real estate loan applications will be prioritized using the same federal and State criteria used to establish the annual Airport Improvement Program. This criteria includes guidance found in Federal Aviation Administration Order 5100.39A (August 22, 2000). Categories used to evaluate and prioritize the loan applications include but are not limited to the following:
1) safety/security;
2) regulatory requirement (lighting, marking, visual guidance systems, etc.);
3) reconstruction/rehabilitation (preservation, repairs, restoration of airside service area);
4) environmental (part 150 noise, EIS);
5) planning;
6) capacity; and
7) FAA design standards.
b) Application submittal periods are as follows:
1) the first working day in January through the last working day in March;
2) the first working day in April through the last working day in June;
3) the first working day in July through the last working day in September; and
4) the first working day in October through the last working day in December.
A) Applications will be held until the end of the period in which they are received and will not be acted on until that period is over. This provision will avoid confusion associated with a first-in-time/first-in-right approval method. All timely submitted loan applications will be evaluated and prioritized solely on the criteria set forth in subsection (a).
B) The Division will review the application and notify the Owner in writing of the status of the application within 30 calendar days after the end of each period. The notification will inform the Owner of approval or of the need for additional information necessary for loan approval. The Owner will have 30 calendar days after receipt of written notification from the Division to provide additional information. If the Owner fails to satisfy the Division's request for additional information, the application will be held until the next period unless the Owner or airport does not comply with the conditions set forth in Section 15.30.
c) If appropriated funds are exhausted, then applications made during that period will be held for one year or until monies become available, whichever is sooner. Such applications will be given the same priority as other applications submitted during the period in which monies become available.
##### **92 Ill. Adm. Code 15.70** Conditions of Loan {#sec-15.70 omnilex-key=us-il-regs-official--title-92--15.70}
Loans under this Part may only be issued pursuant to a binding, written agreement that contains the following conditions and requirements.
a) The annual rate of interest shall be the lesser of either 2 percent below the Prime Rate charged by banks, as published by the Federal Reserve Board, in effect at the time the Department approves the loan, or a rate determined by the Department, after consultation with the Bureau of the Budget, that will not adversely affect the tax-exempt status of interest on the bonds of the State issued in whole or in part to make deposits into the Airport Land Loan Revolving Fund, nor diminish the benefit to the State of the tax-exempt status of the interest on such bonds. In no event shall less than 2 percent be charged. (Section 34b(b)(1) of the Act)
b) The term of any loan shall not exceed five years, but it may be for less by mutual agreement. (Section 34b(b)(2) of the Act)
c) The loan shall be secured with the property purchased, in whole or in part, with the loan. The property shall be collateral for the loan. The Owner shall assign a first priority interest in the property to the State and shall cooperate with the Department to record the Department's interest in the property. (Section 34b(b)(5) of the Act)
d) No funds may be transferred to an Owner under this Part until the Department's interest in the property is secured as outlined in subsection (c) of this Section.
e) If federal reimbursement will be requested for the real estate interest purchased with a loan granted under this Part, the real estate acquisition process must comply with the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended (the Uniform Act) (42 USC 4601 et seq.). All real estate acquisition costs eligible under the Uniform Act may be paid with money lent under this Part; however, the amount of the loan cannot exceed fair market value of the property, as determined by the Department.
f) If any or all of the interest in the property is transferred (see Section 15.80(e)), the Owner and the Department shall retain an avigation easement in the transferred property interest that meets the requirements of the Department. (See 92 Ill. Adm. Code 14 and the FAA Policy and Procedures Memorandum 5190.6, Appendix 3, June 14, 1994.)
g) If a loan application is accepted, the Owner must do, and bear the cost of, the following:
1) provide an appraisal of the property by an appraiser currently licensed as a certified general real estate appraiser with the State of Illinois;
2) secure a title insurance policy for the purchase price of the parcel that is the subject of the loan; and
3) file the Notice of Lien with the county recorder for the county in which the subject property is located.
**History**
- *Source: Amended at 25 Ill. Reg. 14523, effective October 27, 2001*
##### **92 Ill. Adm. Code 15.80** Repayment Requirements {#sec-15.80 omnilex-key=us-il-regs-official--title-92--15.80}
a) Loan payments shall be scheduled in equal amounts for the periods determined under subsection (b) of this Section. The loan payments shall be calculated so that the loan is completely repaid, with interest, on outstanding balances, by the end of the term determined under Section 15.70(b).
b) The period of loan payments shall be annual, and the annual payment will be due on the anniversary of the date the loan was received by the Owner unless, by mutual agreement, a period of less than one year is chosen.
c) There will be no penalty for early payment ahead of the payment schedule. In the event of a prepayment, the principal of the loan shall be reduced. The amount of the periodic payments shall remain the same, but the number of those payments, and the period of the loan, shall be reduced unless the Department agrees to reduce the amount of the payments and to allow the period of the loan to remain the same. (Section 34b(b)(4) of the Act)
d) If the Owner receives a project grant(s) for the acquisition of the property, such grant(s) shall be applied to the payment of the loan and the principal shall be reduced accordingly. The amount of the periodic payments shall remain the same, but the number of those payments, and the period of the loan, shall be reduced unless the Department agrees to reduce the amount of the payments and to allow the period of the loan to remain the same.
e) No interest in the property can be transferred by the Owner without express, written permission from the Department. If such an interest is transferred, in whole or in part, then the loan must be repaid in full from the proceeds of the transfer.
##### **92 Ill. Adm. Code 15.90** Default {#sec-15.90 omnilex-key=us-il-regs-official--title-92--15.90}
a) If the loan payment is not made within 15 days after the scheduled date determined under Section 15.80(b), a penalty of 10% of the payment shall be assessed.
b) If no payment has been received within 30 days after the scheduled payment date, the loan shall be considered in default. (Section 34b(b)(6) of the Act)
c) As soon as a loan is considered in default, the Department shall notify the public airport Owner and attempt to enter into a renegotiation of the loan payment amounts and schedule determined under Section 15.80(b). In no case shall the term of the loan be extended beyond the initial term determined under Section 15.70(b), and the interest rate may not be lowered or any interest be forgiven. If a renegotiation of loan payment amounts and schedule is obtained to the Department's satisfaction within 30 days after notification of default, then the new payment schedule shall replace the one determined by Section 15.80(b) and shall be used to measure compliance with the loan for purposes of default.
d) If, after 30 days after notification of default, the Department has not obtained a renegotiation to its satisfaction, the Department shall declare the loan balance due and payable immediately.
e) If the Owner cannot immediately pay the balance of the loan, the Department shall proceed to foreclose. (Section 34b(b)(7) of the Act)
#### **Part 16** Airport Hazard Zoning
##### **92 Ill. Adm. Code 16.10** Purpose and Scope {#sec-16.10 omnilex-key=us-il-regs-official--title-92--16.10}
a) The purpose of this Part is to administer and enforce requirements that restrict the height of structures, equipment, and vegetation, and to regulate the use of property, on or in the vicinity of any publicly-owned airport (see Section 16.Appendix A of this Part for a listing of applicable airports) whose owner or operator requests enforcement of airport hazard zoning by the Illinois Department of Transportation (the Department), Division of Aeronautics (the Division) for any airport hazard area. Airport hazards endanger the lives and property of users of publicly-owned airports, and of the occupants of land in an airport’s vicinity, and may also destroy or impair the utilization of a publicly-owned airport and the public investment by reducing the size of the area available for the landing, takeoff and maneuvering of aircraft. (See Sections 11 and 17 of the Airport Zoning Act (the Act) [620 ILCS 25/11 and 17].)
b) The Division is authorized to and will impose penalties in the interest of the public health, safety and welfare, as described in Section 16.200, for any violation of this Part. (See Section 34 of the Act.)
c) This Part is to be construed as a continuance of existing Division airport hazard zoning regulations.
d) Accordingly, it is declared that:
1) the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the publicly-used airport. (Section 11 of the Act)
2) in the interest of the public health, safety, and general welfare that the creation or establishment of airport hazards shall be prevented. (Section 11 of the Act)
3) the prevention of these hazards should be accomplished to the greatest extent legally possible by exercise of the police power without compensation. (Section 11 of the Act)
4) the prevention of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which the State and its political subdivisions may raise and expend public funds and acquire land or property interests therein. (Section 11 of the Act)
##### **92 Ill. Adm. Code 16.20** Applicability {#sec-16.20 omnilex-key=us-il-regs-official--title-92--16.20}
a) This Part applies to the airport facilities and surrounding areas that are identified and described in Section 16.Appendix A. For those airports listed in Section 16.Appendix A, any growth, construction, or maintenance of any vegetation or structure to a height 50 feet above natural ground level will be required to meet the standards of this Part.
b) Airports that are obligated by federal grant conditions may be required to meet stricter standards than airports that only meet Departmental standards (as defined in Section 16.30).
##### **92 Ill. Adm. Code 16.30** Definitions {#sec-16.30 omnilex-key=us-il-regs-official--title-92--16.30}
As used in this Part, the words and terms below shall have the meanings given unless the context clearly shows that another interpretation is intended:
"Act" means the Airport Zoning Act [620 ILCS 25].
"Airport" means any area of land or water, or both, designed and set aside for the landing and takeoff of aircraft and utilized or to be utilized in the interest of the public for such purposes. An airport is “public-owned” if the portion thereof used for the landing and taking-off of aircraft is owned, operated, controlled, leased to or leased by the United States, any agency or department thereof, this State, or any other state, or any municipality or other political subdivision of this State or any other state, or any other governmental body, public agency or other public corporation. (Section 2 of the Act)
"Airport Elevation" means the established elevation of the highest point on the usable landing area of the airport being addressed. The airport elevation of each applicable airport expressed in feet above mean sea level (MSL) as referenced in the National Geodetic Vertical Datum of 1929 (NGVD29) or subsequent datum and is identified and described in Section 16.Appendix A.
"Airport Hazard" means any structure, vegetation, equipment, or use of land that obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing, takeoff, or maneuvering at or near the airport.
"Airport Layout Plan" or "ALP" means the plan of an airport showing the layout of existing and proposed airport facilities.
"Airport Reference Point" or "ARP" means the point established as the approximate geographic center of the airport being addressed. This point is designated by latitude and longitude coordinates expressed with respect to the North American Datum of 1983 (NAD83), unless otherwise noted.
"Alteration" means any construction that would result in a change in height of any dimensions of an existing structure.
"Construction" means the erection or alteration of any structure either of a permanent or temporary character.
"Departmental Standards" means the Department’s rules on Aviation Safety, 92 Ill. Adm. Code 14, that apply to airports that are not bound by federal grant obligations (see Section 16.Illustration B).
"Division" means the Illinois Department of Transportation, Division of Aeronautics.
"FAA" means the United States Department of Transportation, Federal Aviation Administration.
"Federally Obligated Airports" means airports that have accepted federal funds and are bound by federal grant obligations.
"Final Approach and Takeoff" or "FATO" means a defined object-free area over which the final phase of the approach to a hover or a landing is completed and from which the takeoff is initiated.
"Growth" means any object of natural growth, including trees, shrubs and foliage.
"Height" means the overall height of the top of a structure, including any appurtenance installed upon it, for the purpose of determining the height limits in all zones set forth in this Part.
"Heliport/Vertiport" means a generic reference to the area of land, water, or structure used, or intended to be used, for the landing and takeoff of helicopters/VTOL aircraft, together with associated buildings.
"Imaginary Surface" means a geometric surface used to describe the height limitations set forth in this Part (see Section 16.Illustration A).
"Mean Sea Level" or "MSL" means an altitude expressed in feet measured from sea level as referenced by the NGVD29 or subsequent datum.
"Non-Conforming Use" means any structure, vegetation, or use of land that
does not meet the requirements of this Part.
"Non-Precision Instrument Runway" means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal electronic guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved, or planned, and for which no precision approach facilities are planned, or indicated on an FAA planning document or military service, military airport planning document. (14 CFR 77.2, effective October 1, 2002)
"Permit" means permission granted in writing by the Division to construct or alter any structure.
"Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and including any trustee, receiver, sponsor, assignee, or other similar representative thereof, and including this State and the Department. (Section 7 of the Act)
"Political Subdivision" means any municipality, city, incorporated town, village, county, township, district, or authority, or any combination of the above, situated in whole or in part within any of the surfaces established by this Part.
"Precision Instrument Runway" means a runway having an existing instrument approach procedure utilizing both horizontal and vertical guidance or a runway for which a precision approach system is planned, or indicated on an FAA planning document or military service, military airport planning document.
"Runway" means an area of the airport for the landing and takeoff of aircraft and consisting of either a specially prepared hard surface or turf or an area designated for such use by seaplanes.
"Slope Ratio" means a numerical expression of a stated relationship of height to horizontal distance (e.g., 100 to 1 means one hundred feet of horizontal distance for each foot of vertical distance).
"Structure" means any form of construction or apparatus of a permanent or temporary character, constructed or installed, including any implements or material used in the erection, alteration or repair of such structure. This includes, but is not limited to, buildings, towers, smokestacks, and overhead transmission lines.
"Touchdown and Lift-Off Area" or "TLOF" means an area commonly referred to as a helipad and normally centered in an FATO.
"Utility Runway" means a runway that is constructed and intended to be used primarily for propeller driven aircraft of 12,500 pounds maximum gross weight or less.
"Variance" means a grant of relief by the Division from the requirements of this Part in accordance with Section 16.180.
“Vegetation” means plant life in general.
"Visual Runway" means a runway intended solely for the operation of aircraft using visual approach procedures, with no straight-in instrument approach procedure and no instrument designation planned or indicated on an FAA or Departmental planning document.
"VTOL" means aircraft capable of vertical takeoff and landing operations.
##### **92 Ill. Adm. Code 16.35** Public Hearings {#sec-16.35 omnilex-key=us-il-regs-official--title-92--16.35}
a) The Division will conduct public hearings at which parties in interest and citizens will have the opportunity to provide comments or voice opposition to the proposed adoption of this Part for those airports listed in Section 16.Appendix A. (See Section 19 of the Act.) Priority to provide comments or voice opposition to the proposed adoption of this Part will go to those parties in interest whose structures or objects are located under any surface described in Section 16.40 through Section 16.120.
b) The time and place of the public hearings will be at the discretion of the Division and the applicable airport owner or operator.
c) Notice of the public hearing shall be published at least once not more than 30 nor less than 15 calendar days before the hearing in a newspaper of general circulation in the political subdivision or subdivisions in which is located, wholly or partly, the airport hazard area to be zoned or, if no newspaper is generally circulated in any such political subdivision, then in a newspaper of general circulation in the county in which such political subdivision is located. (Section 19 of the Act)
##### **92 Ill. Adm. Code 16.40** Surfaces and Height Limitations {#sec-16.40 omnilex-key=us-il-regs-official--title-92--16.40}
a) Height limitations are established through the use of airport imaginary surfaces as described in Sections 16.50 - 16.110. The size of an imaginary surface relates to the category of aircraft expected to use the runway and the type of approach available or planned for that runway. The slope and dimension of the approach surface applied to each end of a runway will be determined by the most precise approach, existing or planned, for that runway end.
b) Airport imaginary surfaces are described in Sections 16.50 - 16.110. Because these surfaces are the same as the approach surfaces in 14 CFR 77, effective October 1, 2002, an airport airspace drawing sheet of the currently approved ALP will serve as the visual representation of the imaginary surfaces for each airport (see Section 16.Appendix A). These drawing sheets can be viewed at the Illinois Department of Transportation, Division of Aeronautics, Capital Airport, 1 Langhorne Bond Drive, Springfield, Illinois 62707.
c) An area located in more than one of the surfaces described in Sections 16.50 - 16.120 is considered to be only in the surface with the most restrictive height limitation.
d) Except as otherwise provided in this Part, no structure, equipment, vegetation, or material shall be erected, placed, altered, allowed to grow, or maintained at a height in excess of the limit established by the surfaces described in Sections 16.50 - 16.120. Additionally, no use may be made of any area under a surface described in this Part that would constitute an airport hazard, as that term is defined in Section 16.130.
e) The surfaces and height limitations established by this Part take into consideration future alterations of an airport, including runway relocation, extension, and new construction, as well as changes in runway approaches. No person may cause or allow a structure or vegetation to penetrate a surface associated with a planned change at an airport covered by this Part or penalties will be imposed. Future changes planned by an airport may be found on the ALP which can be viewed by contacting the airport owner or the Division.
##### **92 Ill. Adm. Code 16.50** Horizontal Surface {#sec-16.50 omnilex-key=us-il-regs-official--title-92--16.50}
A horizontal surface is a plane 150 feet above the established airport elevation.
a) The perimeter of a horizontal surface is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. The radii of each arc is:
1) 5,000 feet for all runways designated as utility or visual; and
2) 10,000 feet for all other runways.
b) The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest value determined for either end of the runway.
c) When tangents connecting two adjacent 10,000-foot arcs encompass a 5,000-foot arc, the 5,000-foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.
d) The horizontal surface does not include the approach surface (see Section 16.80) and transitional surfaces (see Section 16.90).
e) Under Departmental standards, a horizontal surface is defined as a circle (radius 5,000 feet) with the center being the ARP.
##### **92 Ill. Adm. Code 16.60** Conical Surface {#sec-16.60 omnilex-key=us-il-regs-official--title-92--16.60}
a) A conical is a surface that extends outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally for each foot vertically, for a horizontal distance of 4,000 feet.
b) The conical surface does not include the precision instrument approach surface (see Section 16.80) and the transitional surfaces (see Section 16.90).
c) There is no conical surface for Departmental standards.
##### **92 Ill. Adm. Code 16.70** Primary Surface {#sec-16.70 omnilex-key=us-il-regs-official--title-92--16.70}
a) A primary surface is longitudinally centered on a runway of each applicable airport listed in Section 16.Appendix A. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. When the runway has no specially prepared hard surface or planned hard surface, the primary surface ends at each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of a primary surface is:
1) 200 feet (Departmental standard);
2) 250 feet for utility runways having only visual approaches;
3) 500 feet for utility runways having non-precision instrument approaches;
4) For other than utility runways, the width is:
A) 500 feet for visual runways having only visual approaches;
B) 500 feet for non-precision instrument approach runways having existing or proposed visibility minimums greater than three-fourths of a statute mile;
C) 1,000 feet for a non-precision instrument runway having a non-precision instrument approach with visibility minimums as low as three-fourths of a statute mile, and for precision instrument approach runways.
b) The width of the primary surface of a runway will be the width prescribed in subsection (a) of this Section for the most precise approach existing or planned for either end of that runway.
##### **92 Ill. Adm. Code 16.80** Approach Surface {#sec-16.80 omnilex-key=us-il-regs-official--title-92--16.80}
An approach surface is longitudinally centered on the extended runway centerline and extends outward and upward from each end of the primary surface. An approach surface is applied to each end and is based upon the type of approach available or planned for that runway end.
a) The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of:
1) 800 feet (Departmental standard);
2) 1,250 feet for that end of a utility runway with only visual approaches;
3) 1,500 feet for that end of a runway other than a utility runway with only visual approaches;
4) 2,000 feet for that end of a utility runway with a non-precision instrument approach;
5) 3,500 feet for that end of a non-precision instrument runway, other than utility, having visibility minimums greater than three-fourths of a statute mile;
6) 4,000 feet for that end of a non-precision instrument runway, other than utility, having a non-precision instrument approach with visibility minimums as low as three-fourths of a statute mile; and
7) 16,000 feet for precision instrument approach runways.
b) The approach surface extends for a horizontal distance of:
1) 3,000 feet at a slope of 20 feet horizontally for each foot vertically (Departmental standard);
2) 5,000 feet at a slope of 20 feet horizontally for each foot vertically for all utility and visual runways;
3) 10,000 feet at a slope of 34 feet horizontally for each foot vertically for all non-precision instrument approach runways other than utility; and
4) 10,000 feet at a slope of 50 feet horizontally for each foot vertically with an additional 40,000 feet at a slope of 40 feet horizontally for each foot vertically for all precision instrument approach runways.
c) The outer width of an approach surface to an end of a runway will be that width prescribed in this Section 16.80 for the most precise approach, existing or planned, for that runway end.
##### **92 Ill. Adm. Code 16.90** Transitional Surfaces {#sec-16.90 omnilex-key=us-il-regs-official--title-92--16.90}
a) Transitional surfaces extend outward and upward in a direction perpendicular to the runway centerline and to an extension of that line at a slope of seven feet horizontally for each foot vertically (7:1) beginning at the sides (cf., ends) of the primary and approach surfaces extending to the horizontal and the conical surface. When the approach slope extends beyond the lateral limits of the conical surface, the transitional surface extends for 5,000 feet horizontally. The beginning elevation of these surfaces is the same elevation as the primary and approach surfaces.
b) Airports covered by Departmental standards only have transitional surfaces that begin at the sides (cf., ends) of the primary surface extending to the horizontal surface (i.e., no transition surfaces that extend off the approach surfaces).
##### **92 Ill. Adm. Code 16.100** Circling Approach Surface {#sec-16.100 omnilex-key=us-il-regs-official--title-92--16.100}
a) A circling approach surface is a circular area that is 200 feet above natural ground level or above the established airport elevation (whichever is greater) within three nautical miles of the established ARP of the airports listed in Section 16.Appendix A. It increases in height at a proportion of 100 feet for each additional nautical mile of distance up to six nautical miles from the airport reference point up to a maximum height of 500 feet (see Section 16.Illustration C).
b) Beyond the six nautical mile criterion in subsection (a) of this Section, an object would be an obstruction to air navigation if at a height greater than 500 feet above ground level at its site (see Section 16.Illustration D).
##### **92 Ill. Adm. Code 16.110** Instrument Approach Obstruction Clearance Surface {#sec-16.110 omnilex-key=us-il-regs-official--title-92--16.110}
This surface is at a height within a terminal obstacle clearance area, including an initial approach segment, a departure area, and a circling approach area, that would result in the vertical distance between any point on the object and an established minimum instrument flight altitude within that area or segment to be less than the required obstacle clearance for that instrument approach procedure.
##### **92 Ill. Adm. Code 16.120** Heliport/Vertiport Surfaces {#sec-16.120 omnilex-key=us-il-regs-official--title-92--16.120}
a) The Division’s minimum standards for the operation of heliports/vertiports for rotorcraft aircraft are contained in 92 Ill. Adm. Code 14, Aviation Safety.
b) A heliport/vertiport is required to have two defined approach/takeoff paths. The approach path is defined in the heliport/vertiport certificate. The obstruction clearance standards for heliports/vertiports are shown in Section 16.Illustration E.
##### **92 Ill. Adm. Code 16.130** Use Restrictions {#sec-16.130 omnilex-key=us-il-regs-official--title-92--16.130}
Within the surfaces detailed in Sections 16.50 - 16.120, the following uses are prohibited:
a) Electrical or Electronic Interference. No use shall be made so as to create electrical or electronic interference with aeronautical navigational signals, radio, or radar communication between the airport or with aircraft using the airport's facilities. Before it is determined that a hazard exists, the Division will observe all relevant factors, including, but not limited to, the type of aircraft using the airport, the traffic patterns at the airport, the time of day, and frequency of the interference. When a hazard exists, the Division will issue a letter stating mitigation measures that must be complied with within 30 calendar days after issuance of the letter, or within that period of time specified in the letter, to avoid penalties (see Section 16.200).
b) Illuminated Structures or Light Sources. No installation and use of flashing or illuminated advertising or business signs, billboards, spotlights, or any other type of illuminated structure or light source that will be hazardous for pilots shall be permitted. Before it is determined that a hazard exists, the Division will observe all relevant factors, including, but not limited to, assessing the difficulty pilots have in distinguishing between airport lights and others or that result in glare in the eyes of pilots using the airport, thereby impairing visibility in the vicinity of the airport or endangering the landing, takeoff or maneuvering of aircraft, the proximity of the illuminated structure or light source to the airport, and the traffic patterns at the airport. When a hazard exists, the Division will issue a letter stating mitigation measures that must be complied with within 30 calendar days after issuance of the letter, or within that period of time specified in the letter, to avoid penalties (see Section 16.200).
c) Environmental Discharge
1) A use that emits or discharges smoke (e.g., exhaust from a smoke stack), that interferes with the health and safety of pilots and the public in the use of the airport, or that is otherwise detrimental or injurious to the health, safety and general welfare of the public in the use of the airport.
2) A use that emits thermal discharge (e.g., steam from a power plant), that interferes with the pilot’s vision in the use of the airport.
3) A use that significantly causes air turbulence (e.g., exhaust from a peaker plant) where aircraft limit loads may be exceeded.
4) Any other kind of emission that may cause a safety of flight issue as determined by the Division.
In determining if an emission or environmental discharge will interfere with the health and safety of pilots and the public, the Division will observe all relevant factors, which include, but are not limited to, the density of discharge, frequency of the emission or discharge, source of the discharge, general weather patterns in the vicinity, time of day, and volume and type of aircraft that use the airport. When a hazard exists, the Division will issue a letter stating mitigation measures that must be complied with within 30 calendar days after issuance of the letter, or within that period of time specified in the letter, to avoid penalties (see Section 16.200).
##### **92 Ill. Adm. Code 16.140** Pre-Existing, Non-Conforming Uses (grandfather Clause) {#sec-16.140 omnilex-key=us-il-regs-official--title-92--16.140}
a) The surface requirements prescribed by this Part shall not be construed to require the removal, lowering or other changes, or alteration of any structures or vegetation that were in compliance with prior airport hazard zoning rules adopted by the Division but that are not now in compliance with this Part as of its effective date. Likewise, the surface requirements shall not be construed to interfere with the continuance of any non-conforming use. Nothing in this Part shall require any changes in construction, alteration, or intended use of any structure, the construction or alteration of which is being diligently carried out and was begun prior to the applicability of this Part to that specific airport.
b) This subsection (b) must be read with Section 16.40(e) that restricts the causing or allowing of structures or vegetation to penetrate imaginary surfaces associated with a planned runway or approach change. It is possible, therefore, that some vegetation or structures permissible at a certain location under previously established airport hazard zoning requirements will not be allowed, under this Part, when plans are made to change a runway or approach. Specifically, if construction of a structure begins and is diligently pursued prior to a change in plans for the runway or approach, the structure will be allowed. The structure and/or vegetation will not be allowed to increase to a size that would further penetrate an imaginary surface.
c) Marking and Lighting
1) Notwithstanding the provisions of subsection (a) of this Section, the owner of any existing non-conforming structure must permit the installation, operation and maintenance of markers and lights deemed necessary by the Division. Any installation, operation and maintenance of markers or lights shall be the responsibility and expense of the airport.
2) In determining the necessity for markers and lights, the Division shall consider all relevant conditions, including, but not limited to, the traffic patterns, the volume and type of aircraft at the airport, the general weather patterns in the vicinity, the topography of the airport and the surrounding area, and the height of the structure and its proximity to the approach and transition slopes of the existing runways.
##### **92 Ill. Adm. Code 16.150** Pre-Existing, Non-Conforming Structures, Uses, or Vegetation Abandoned or Destroyed {#sec-16.150 omnilex-key=us-il-regs-official--title-92--16.150}
a) When the Division determines that a non-conforming structure, use, or vegetation has been abandoned or more than 80 percent demolished, destroyed, physically deteriorated, or decayed:
1) No permit will be granted that will allow a non-conforming structure, use, or vegetation to exceed the applicable height limit or otherwise deviate from this Part except pursuant to a variance granted under Section 16.180; and
2) Whether or not application is made for a permit, the Division will issue an Order, pursuant to subsection (b) of this Section, in cases where the remaining structure, use, or vegetation constitutes a violation of this Part, compelling the owner of the non-conforming structure, use, or vegetation, at his/her own expense, to lower, remove, reconstruct, or equip the structure, use, or vegetation as may be necessary to conform to this Part. If the owner of the non-conforming structure, use, or vegetation neglects or refuses to comply with the Order within 10 days after receipt, the Division may proceed to have the structure, use, or vegetation lowered, removed, reconstructed, or equipped at the owner’s expense. The Division will have a lien, on behalf of the State, upon the land where the structure, use, or vegetation is or was located, in the amount of the cost and expense. The lien may be enforced by the Division on behalf of the State by suit for enforcement as in the case of other liens. (See Section 23 of the Act.)
b) The Division will issue an Order if it is determined that the non-conforming structure, use, or vegetation interferes with traffic patterns at the airport. In making the determination, the Division will consider factors that include, but are not limited to, the type of aircraft using the airport, and whether or not the airport has precision instrument or non-precision instrument approach runways.
##### **92 Ill. Adm. Code 16.160** Notice of Construction or Alteration of Any Structure {#sec-16.160 omnilex-key=us-il-regs-official--title-92--16.160}
a) Construction or Alteration Requiring Notice (14 CFR 77.13, effective October 1, 2002). Each person or sponsor proposing any of the following construction or alterations of any structure on or in the vicinity of the airports listed in Section 16.Appendix A shall notify the Division (see subsection (b) of this Section), for objects on airport property, or the FAA, for objects off airport property.
1) Any construction or alteration of more than 200 feet in height above the natural ground level at its site.
2) Any construction or alteration of a height greater than an imaginary surface extending outward and upward at one of the following slopes:
A) 100:1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of the airport, with at least one runway more than 3,200 feet in actual length.
B) 50:1 for a horizontal distance of 10,000 feet from the nearest point of the nearest runway of the airport, with the longest runway not more than 3,200 feet in actual length.
C) 25:1 for a horizontal distance of 5,000 feet from the nearest point of the nearest landing and takeoff area of each heliport/vertiport.
3) Any highway, railroad, or other traverse way for mobile objects, of a height that would exceed a standard described in subsection (a)(1) or (a)(2) of this Section, if adjusted upward: 17 feet for an Interstate Highway that is part of the National System of Military and Interstate Highways where overcrossings are designed for a minimum of 17 feet vertical distance; 15 feet for any other public roadway; 10 feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road; 23 feet for a railroad; and for a waterway or any other traverse way not previously mentioned, an amount equal to the highest mobile object that would normally traverse it.
4) Any construction or alteration that exceeds a standard of the Act or of this Part.
b) Form and Time of Notice
1) Each person required to notify the Division under subsection (a) of this Section shall forward one completed FAA Form 7460-1, Notice of Proposed Construction or Alteration, to the Illinois Department of Transportation, Division of Aeronautics, Capital Airport, 1 Langhorne Bond Drive, Springfield, Illinois 62707-8415.
2) Notice must be submitted at least 30 calendar days before the date the proposed construction or alteration is to begin.
3) In the case of an emergency involving essential public services, public health, or public safety that requires immediate construction or alteration, the 30 calendar day requirement in subsection (b)(2) of this Section does not apply and notice may be communicated to the Division by telephone (217-785-8500), telegraph, facsimile (217-785-4533), or other expeditious means, with a completed FAA Form 7460-1 submitted to the Division within 5 calendar days after the emergency. For example, an emergency could include breaks in sewer lines, gas mains or power lines.
c) Acknowledgment of Notice
1) The Division will acknowledge in writing the receipt of a notice submitted under subsection (a) of this Section within 30 calendar days after receipt of the notice.
2) The acknowledgment will state whether a study of the proposed construction or alteration has resulted in a determination that the construction or alteration:
A) will require lighting or marking;
B) will not be in violation of this Part or Departmental standards;
C) will require supplemental information (e.g., certified engineering/survey data from a professional engineer, architect or surveyor on the certifier’s letterhead regarding the proposed site location and height) (Once the supplemental information has been reviewed by the Division, a second acknowledgment will be sent to the person or sponsor and a determination concerning the proposed construction or alteration will again be made pursuant to subsection (c) of this Section.);
D) will require a permit from the Division (see Section 16.170);
E) will require a variance from the Division (see Section 16.180); or
F) will be acceptable, as submitted.
d) Compliance with Acknowledgment. The person or sponsor that notifies the Division of the construction or alteration of a structure shall have the sole responsibility to comply with the requirements set forth in the Division's acknowledgement as described in subsections (c)(2)(A), (C), (D) and (E) of this Section.
##### **92 Ill. Adm. Code 16.170** Permits {#sec-16.170 omnilex-key=us-il-regs-official--title-92--16.170}
a) A permit from the Division is required before any person makes any use, or a change in use, of any land or water beneath any surface established by this Part or when use may create an airport hazard (see Section 23 of the Act). Use may include, but is not limited to, the following:
1) constructing or altering a structure;
2) erecting or altering any device, including mobile items such as vehicles or cranes;
3) causing or allowing an accumulation of earth, debris, or other material;
4) planting vegetation;
5) allowing vegetation to penetrate any surface;
6) causing or allowing the emission of smoke, light or reflection, electromagnetic energy, etc. (environmental emissions);
7) use of kites or balloons, whether tethered or not; and
8) use of fireworks.
b) A permit from the Division is also required for any penetrations of the notification surface (see Section 16.160) up to the airport imaginary surfaces (see Section 16.40 - 16.120). An exception is made for any tree or structure less than 75' of vertical height above the ground and that does not penetrate any airport imaginary surface.
c) A permit is not required when the structure, accumulation, or vegetation is beyond the lateral limits of the conical surface and less than 200 feet above the natural ground level, unless the structure or vegetation extends into a limiting surface (see Section 16.80(b)).
d) A permit will be issued by the Division within 30 calendar days after receipt of the notice (see Section 16.160) or within 30 calendar days after receipt of supplemental information, if applicable (see Section 16.160(c)(2)(C)).
##### **92 Ill. Adm. Code 16.180** Variances {#sec-16.180 omnilex-key=us-il-regs-official--title-92--16.180}
a) General. Any person wishing to erect or increase the height of any structure or permit any vegetation or use of his/her property not in accordance with this Part must obtain a variance from the Division.
b) Marking and Lighting. Any variance granted by the Division may be so conditioned as to require the owner of the structure or vegetation to permit, at the expense of the owner, the installation, operation and maintenance of markers and lights as may be required to indicate to pilots the presence of the structure or vegetation.
c) In making a determination to allow a variance, the Division will consider, but is not limited to considering:
1) the proximity of the hazard to the normal flight path or traffic patterns at the airport;
2) the proximity of other non-conforming uses, structures or vegetation that would impair the use of the airport;
3) the height of the object;
4) the volume of air traffic at the airport;
5) the type of aircraft using the airport;
6) the type of navigational aids used at the airport;
7) the length and width of existing runways; and
8) the plans for future expansion of the airport.
Variances would be granted when it is found that a literal application or enforcement of this Part will result in practical difficulty or unnecessary hardship and the relief granted is not contrary to the public interest but would do substantial justice and will be in accordance with the spirit of the Act. (Section 24 of the Act)
d) A decision to grant or deny a variance will be made by the Division within 30 calendar days after receipt of the notice (see Section 16.160) or within 30 calendar days after receipt of supplemental information (see Section 16.160(c)(2)(C)). The person or sponsor may appeal any decision made by the Division (see Section 16.190).
##### **92 Ill. Adm. Code 16.190** Administrative and Judicial Review {#sec-16.190 omnilex-key=us-il-regs-official--title-92--16.190}
a) Administrative Review. Within 30 calendar days after the issuance of any ruling, order, or decision of the Division under this Part, any affected party or affected person may appeal in writing, regardless of form, to the Chief Engineer of the Division asking that the determination be reversed (wholly or in part), modified, changed, abrogated, or rescinded. A hearing on the appeal will be held at the offices of the Division within 20 calendar days after receipt of the appeal. The hearing shall be held in accordance with the rules of practice made part of the Division’s rules on Aviation Safety, 92 Ill. Adm. Code 14, Subpart K. A written Order on the appeal will be issued within 10 business days after the hearing. If the decision is not issued within 10 business days, the appeal shall be considered to be denied and the initial determination of the Division shall remain in full force and effect.
b) Judicial Review. Judicial review of any decision of the Division made pursuant to this Part shall be governed by the Administrative Review Law [735 ILCS 5/Art. III].
##### **92 Ill. Adm. Code 16.200** Penalties {#sec-16.200 omnilex-key=us-il-regs-official--title-92--16.200}
Each violation of this Part shall constitute an airport hazard; shall be a petty offense; and shall carry a fine of $1,000. Each day a violation continues to exist shall constitute a separate offense. In addition, the Department may institute in the circuit court of the county in which the airport is located, or circuit court of any county in which the airport hazard is wholly or partly located, an action to prevent, restrain, correct, or abate any violation of this Part, or of any regulation, order or ruling made in connection with their administration or enforcement. The court shall provide such relief by way of injunction, which may be mandatory, or otherwise, as may be proper under all the facts and circumstances of the case, in order to fully effectuate the purposes of this Part as adopted and orders and rulings made pursuant thereto. (See Section 34 of the Act.)
##### **92 Ill. Adm. Code 16.210** Conflicting Regulations {#sec-16.210 omnilex-key=us-il-regs-official--title-92--16.210}
If an apparent conflict exists between this Part and any other regulations or ordinances applicable to the same area, whether the conflict be with respect to the height of structures or vegetation, the use of land, or any other matter, the more stringent regulation or ordinance will govern and prevail. For example:
a) Differences between the Division and the Department’s Division of Highways concerning outdoor advertising sign placement.
b) Differences between the Division and the Illinois Commerce Commission over a public utility power line pole location.
##### **92 Ill. Adm. Code 16.220** Severability {#sec-16.220 omnilex-key=us-il-regs-official--title-92--16.220}
If any of the provisions of this Part or the application of it to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Part that can be given effect without the invalid provision or application, and to this end, the provisions of this Part are declared to be severable.
##### **92 Ill. Adm. Code 16.APPENDIX** A Applicable Airports {#sec-16.appendix omnilex-key=us-il-regs-official--title-92--16.APPENDIX}
Section 16.ILLUSTRATION A Airports Imaginary Surfaces
##### **92 Ill. Adm. Code 16.APPENDIX** A Applicable Airports {#sec-16.appendix omnilex-key=us-il-regs-official--title-92--16.APPENDIX}
Section 16.ILLUSTRATION B Airports (Public- or Private-Use) Minimum Dimensional Standards
##### **92 Ill. Adm. Code 16.APPENDIX** A Applicable Airports {#sec-16.appendix omnilex-key=us-il-regs-official--title-92--16.APPENDIX}
Section 16.ILLUSTRATION C Obstruction Standards (≤ 6 Nautical Miles)
##### **92 Ill. Adm. Code 16.APPENDIX** A Applicable Airports {#sec-16.appendix omnilex-key=us-il-regs-official--title-92--16.APPENDIX}
Section 16.ILLUSTRATION D Obstruction Standards (> 6 Nautical Miles)
##### **92 Ill. Adm. Code 16.APPENDIX** A Applicable Airports {#sec-16.appendix omnilex-key=us-il-regs-official--title-92--16.APPENDIX}
Section 16.ILLUSTRATION E Public- or Private-Use Heliport/Vertiport Minimum Dimensional Standards
##### **92 Ill. Adm. Code 16.APPENDIX** A Applicable Airports {#sec-16.appendix omnilex-key=us-il-regs-official--title-92--16.APPENDIX}
Airport
City
County
ARP
Latitude
ARP
Longitude
Fed
Std.
State
Std.
Applicable Date
SPI
Springfield
Sangamon
39-50.64
89-40.66
X
Jan. 26, 2004
MLI
Moline
Rock Island
41-26.91
90-30.45
X
July 29, 2005
SQI
Sterling-Rock Falls
Whiteside
41-44.57
89-40.58
X
July 29, 2005
SLO
Salem
Marion
38-38.57
88-57.85
X
July 29, 2005
H96
Benton
Franklin
38-00.41
88-56.07
X
Sept. 15, 2006
CIR
Cairo
Alexander
37-03.87
89-13.18
X
Sept. 15, 2006
CTK
Canton
Fulton
40-34.15
90-04.49
X
Sept. 15, 2006
DEC
Decatur
Macon
39-50.08
88-51.94
X
Sept. 15, 2006
DKB
DeKalb
DeKalb
41-56.02
88-42.34
X
Sept. 15, 2006
GBG
Galesburg
Knox
40-56.28
90-25.87
X
Sept. 15, 2006
HSB
Harrisburg
Saline
37-48.69
88-32.95
X
Sept. 15, 2006
IJX
Jacksonville
Morgan
39-46.48
90-14.30
X
Sept. 15, 2006
JOT
Joliet
Will
41-31.08
88-10.52
X
Sept. 15, 2006
EZI
Kewanee
Henry
41-12.31
89-57.83
X
Sept. 15, 2006
IGQ
Lansing
Cook
41-32.09
87-31.77
X
Sept. 15, 2006
MWA
Marion
Williamson
37-45.30
89-00.67
X
Sept. 15, 2006
MTO
Mattoon
Coles
39-28.68
88-16.75
X
Sept. 15, 2006
PRG
Paris
Edgar
39-42.01
87-40.17
X
Sept. 15, 2006
3MY
Peoria
Peoria
40-47.72
89-36.80
X
Sept. 15, 2006
PIA
Peoria
Peoria
40-39.86
89-41.60
X
Sept. 15, 2006
VYS
Peru
LaSalle
41-21.11
89-09.19
X
Sept. 15, 2006
LOT
Romeoville
Will
41-36.44
88-05.77
X
Sept. 15, 2006
DPA
West Chicago
DuPage
41-54.47
88-14.92
X
Sept. 15, 2006
K06
Beardstown
Cass
39-58.40
90-24.22
X
Feb. 28, 2007
OLY
Olney
Richland
38-43.31
88-10.59
X
Feb. 28, 2007
LWV
Lawrenceville
Lawrence
38-45.86
87-36.33
X
Feb. 28, 2007
CUL
Carmi
White
38-05.38
88-07.38
X
Feb. 28, 2007
C73
Dixon
Lee
41-50.02
89-26.77
X
Feb. 28, 2007
ORD
Chicago
Cook
41-58.72
87-54.29
X
Feb. 28, 2007
TAZ
Taylorville
Christian
39-31.95
89-19.84
X
May 1, 2008
BLV
Belleville/
Mascoutah
St. Clair
38-32.71
89-50.11
X
May 1, 2008
AAA
Lincoln
Logan
40-09.52
89-20.10
X
May 1, 2008
VLA
Vandalia
Fayette
38-59.49
89-09.97
X
May 1, 2008
UGN
Waukegan
Lake
42-25.33
87-52.07
X
May 1, 2008
MDH
Carbondale
Jackson
37-46.69
89-15.12
X
May 1, 2008
CPS
Cahokia/Sauget
St. Clair
38-34.24
90-09.37
X
May 1, 2008
MQB
Macomb
McDonough
40-31.21
90-39.14
X
May 1, 2008
PWK
Wheeling/
Prospect Heights
Cook
42-06.85
87-54.09
X
May 1, 2008
9I0
Havana
Mason
40-13.32
90-01.37
X
May 1, 2008
C09
Morris
Grundy
41-25.53
88-25.12
X
May 1, 2008
1H2
Effingham
Effingham
39-04.23
88-32.01
X
May 1, 2008
CMI
Champaign/Savoy
Champaign
40-02.36
88-16.68
X
May 1, 2008
I63
Mt. Sterling
Brown
39-59.25
90-48.25
X
May 1, 2008
RSV
Robinson
Crawford
39-00.96
87-38.99
X
May 1, 2008
ALN
East Alton/Bethalto
Madison
38-53.42
90-02.76
X
May 1, 2009
PNT
Pontiac
Livingston
40-55.47
88-37.44
X
May 1, 2009
AJG
Mt. Carmel/
St. Francisville
Lawrence
38-36.39
87-43.60
X
May 1, 2009
RPJ
Rochelle
Ogle
41-53.58
89-04.70
X
May 1, 2009
1H8
Casey
Clark
39-18.15
88-00.24
X
May 1, 2009
MVN
Mt. Vernon
Jefferson
38-19.40
88-51.51
X
May 1, 2009
ARR
Aurora/
Sugar Grove
Kane
41-46.32
88-28.54
X
May 1, 2009
2H0
Shelbyville
Shelby
39-24.63
88-50.73
X
May 1, 2009
IKK
Kankakee
Kankakee
41-04.28
87-50.78
X
May 1, 2009
FOA
Flora
Clay
38-39.90
88-27.18
X
May 1, 2009
UIN
Quincy
Adams
39-56.58
91-11.67
X
May 1, 2009
GRE
Greenville
Bond
38-50.17
89-22.70
X
Jan. 1, 2010
M30
Metropolis
Massac
37-11.15
88-45.04
X
Jan. 1, 2010
DNV
Danville
Vermilion
40-11.98
87-35.73
X
Jan. 1, 2010
RFD
Rockford
Winnebago
42-11.72
89-05.83
X
Jan. 1, 2010
1C5
Bolingbrook
Will
41-41.76
88-07.75
X
Jan. 1, 2010
PPQ
Pittsfield
Pike
39-38.33
90-46.71
X
Jan. 1, 2010
SAR
Sparta
Randolph
38-08.94
89-41.92
X
Jan. 1, 2010
PJY
Pinckneyville-DuQuoin
Perry
37-58.67
89-21.63
X
Mar. 1, 2011
FEP
Freeport
Stephenson
42-14.77
89-34.92
X
Mar. 1, 2011
ENL
Centralia
Marion
38-30.91
89-05.47
X
Mar. 1, 2011
SFY
Savanna
Carroll
42-02.75
90-06.48
X
Mar. 1, 2011
C15
Pekin
Tazewell
40-29.29
89-40.55
X
Mar. 1, 2011
BMI
Bloomington
McLean
40-28.63
88-54.96
X
Mar. 1, 2011
3LF
Litchfield
Montgomery
39-09.75
89-40.48
X
Mar. 1, 2011
TIP
Rantoul
Champaign
40-17.61
88-08.54
X
July 2, 2015
FWC
Fairfield
Wayne
39-22.72
89-24.76
X
July 2, 2015
C75
Lacon
Marshall
41-01.13
89-23.15
X
January 1, 2017
C66
Monmouth
Warren
40-55.78
90-37.87
X
January 1, 2017
3CK
Lake in the Hills
McHenry
42-12.41
88-19.38
X
January 1, 2017
**History**
- *Source: Amended at 40 Ill. Reg. 13962, effective September 21, 2016*
### **Subchapter e** Traffic Safety (except Hazardous Materials)
#### **Part 426** Bicycle Reflector Specifications
##### **92 Ill. Adm. Code 426.5** Introduction (repealed) {#sec-426.5 omnilex-key=us-il-regs-official--title-92--426.5}
**History**
- *Source: Repealed at 42 Ill. Reg. 20576, effective October 30, 2018*
##### **92 Ill. Adm. Code 426.7** Notice of Further Rule Making (repealed) {#sec-426.7 omnilex-key=us-il-regs-official--title-92--426.7}
**History**
- *Source: Repealed at 42 Ill. Reg. 20576, effective October 30, 2018*
##### **92 Ill. Adm. Code 426.10** Effective Date (repealed) {#sec-426.10 omnilex-key=us-il-regs-official--title-92--426.10}
**History**
- *Source: Repealed at 42 Ill. Reg. 20576, effective October 30, 2018*
##### **92 Ill. Adm. Code 426.20** Authority (repealed) {#sec-426.20 omnilex-key=us-il-regs-official--title-92--426.20}
**History**
- *Source: Repealed at 42 Ill. Reg. 20576, effective October 30, 2018*
##### **92 Ill. Adm. Code 426.30** Scope {#sec-426.30 omnilex-key=us-il-regs-official--title-92--426.30}
This Part prescribes the quality and performance standards for reflectors and reflective materials used on bicycles and bicycle pedals that are required by Section 11-1507 of the Illinois Vehicle Code.
**History**
- *Source: Amended at 42 Ill. Reg. 20576, effective October 30, 2018*
##### **92 Ill. Adm. Code 426.40** Definitions (repealed) {#sec-426.40 omnilex-key=us-il-regs-official--title-92--426.40}
**History**
- *Source: Repealed at 42 Ill. Reg. 20576, effective October 30, 2018*
##### **92 Ill. Adm. Code 426.50** Performance and Testing Requirements {#sec-426.50 omnilex-key=us-il-regs-official--title-92--426.50}
a) In addition to the visibility requirements of Section 11-1507 of the Illinois Vehicle Code, all bicycle pedal, rear, and side reflectors or reflective materials shall conform to the applicable performance and testing requirements of 16 CFR 1512 (January 1, 2018).
b) The material incorporated in this Section is incorporated as of the date indicated and includes no later amendments or editions. Copies of the CFR may be obtained at the Department of Transportation, 2300 South Dirksen Parkway, Springfield IL 62764 or online via the Government Publishing Office's website at http://www.ecfr.gov.
**History**
- *Source: Amended at 42 Ill. Reg. 20576, effective October 30, 2018*
##### **92 Ill. Adm. Code 426.60** Certification Procedures (repealed) {#sec-426.60 omnilex-key=us-il-regs-official--title-92--426.60}
**History**
- *Source: Repealed at 42 Ill. Reg. 20576, effective October 30, 2018*
##### **92 Ill. Adm. Code 426.70** Side Reflector Requirements (repealed) {#sec-426.70 omnilex-key=us-il-regs-official--title-92--426.70}
**History**
- *Source: Repealed at 42 Ill. Reg. 20576, effective October 30, 2018*
##### **92 Ill. Adm. Code 426.APPENDIX** A Certificate of Compliance for Bicycle Reflector Devices (repealed) {#sec-426.appendix omnilex-key=us-il-regs-official--title-92--426.APPENDIX}
**History**
- *Source: Repealed at 42 Ill. Reg. 20576, effective October 30, 2018*
#### **Part 428** Unsafe Operating Conditions of Passenger Car Tires
##### **92 Ill. Adm. Code 428.10** General {#sec-428.10 omnilex-key=us-il-regs-official--title-92--428.10}
These rules supplement and comply with statutory requirements.
a) Effective Date: These rules take effect January 1, 1973.
b) Authority: These rules are established pursuant to the provisions of Section 12-405 of the Illinois Vehicle Code.
c) Purpose: These rules are established to facilitate compliance with the provisions of Section 12-405 concerning the sale, lease, installation, or use of unsafe tires and, thereby, to lessen the dangers of vehicle operation on the streets and highways of this State.
d) Scope: These rules set forth precepts, criteria, and standards for use in determining, by visual inspection, whether a tire shall be considered to be unsafe. Descriptions or examples of damage, deterioration, markings, lack of markings, tread conditions, and wear are included. Also included are summaries of statutory requirements and enforcement procedures.
e) Application: These rules apply to any passenger car tire listed either in the tables of Appendix A included herewith or in future revisions of these tables issued by the Director of the Office of Transportation Safety in the Illinois Department of Transportation.
1) These rules do not apply to any tire on a wrecked, damaged, disabled, or impounded vehicle being towed to a repair, collection, salvage, holding, or storage location either with a driver in the towed vehicle or by means of a vehicle, such as a wrecker, designed and equipped for this special use.
2) These rules do not apply to a spare tire.
f) Definitions
1) Standard Definitions: Unless otherwise stated, words or terms are used in the appropriate meaning defined in Webster's Third New International Dictionary.
2) Special Definitions
"Bead" means that part of the tire made of steel wires, wrapped, or reinforced by ply cords, that is shaped to fit the rim.
"Bottom of the tread groove" means the portions of a tread groove nearest the carcass.
"Carcass" means the tire structure, except tread rubber and sidewall rubber.
"Circumference of the tire" or "Tire circumference", in connection with the spacing of either tread wear indicators or tread wear measurements, means a closed line around the tire perimeter that lies approximately in a plane perpendicular to the axis about which the tire rotates when in use.
"Cord" means the strands forming the plies in the tire.
"Depth of tread" (see "Tread groove depth").
"Highway", or "Street", means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public as a matter of right for purposes of vehicular traffic, other than public ways for vehicular traffic within a park district for which the park district has maintenance responsibility, excepting the Chicago Park District.
"Install" (see "Mount").
"Lease" means granting the nonpermanent possession or use of and includes such acts as renting or lending.
"Mount", or "Install", means assembling a tire to a rim.
"Passenger Car Tire" means any tire of a size designation and type listed in Federal Motor Vehicle Safety Standard 109, as amended. (See Appendix A.)
"Ply" means a layer of rubber-coated parallel cords.
"Recut" (see "Regroove").
"Regroove", or "Recut", means either the deliberate deepening of existing tread grooves by cutting, burning, or other means or the deliberate forming, by cutting, burning, or other means, of a groove other than the original molded grooves made by the tire manufacturer or retreader.
"Retreaded" means manufactured by a process in which a tread is attached to a used tire.
"Rim" means the metal that supports a tire and that is located between the tire and the wheel disc or wheel spokes when in use on a vehicle. The rim may be integral with, permanently or temporarily attached to, or separate from the wheel.
"Roadway" means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder.
"Separation" means a parting or pulling away from the adjacent portion(s) of the tire structure or material.
"Sidewall" means that portion of a tire between the tread and the bead.
"Snowmobile" means a self-propelled device designed for travel on snow or ice or natural terrain steered by skis or runners, and supported in part by skis, belts, or cleats.
"Street" (see "Highway").
"Tie bar" means rubber that is molded across a tread groove and that braces or stabilizes adjacent tread elements.
"Tire circumference" (see "Circumference of tire").
"Tread" means the thickness of tire rubber that is located outside the carcass and that normally comes into contact with the roadway as the inflated tire wears during use.
"Tread element" means a distinct portion of the tread, such as a rib, lug, or knob, that comes into contact with the surface of a dry, paved road.
"Tread groove" means the space between adjacent tread elements.
"Tread groove depth", or "Depth of tread", means the shortest distance from a plane in contact with two adjacent tread elements to the bottom of the tread groove that is located between the adjacent tread elements.
"Tread wear indicator" means a molded lump that stands 2/32 (1/16) of an inch above the bottom of tread groove.
"Undertread" means the rubber between the bottom of the tread grooves and the carcass.
"Vehicle" means every device in, upon, or by which any person is or may be transported or drawn upon a highway, except devices moved by human power, devices used exclusively upon stationary rails or tracks and snowmobiles as defined in the Snowmobile Registration and Safety Act (Ill. Rev. Stat. 1981, ch. 95½, par. 601-2.15).
"Visual Inspection" means a checking or testing by sight and includes the comparing of portions of tires with simple scales or gauges and the use and reading of such scales or gauges.
##### **92 Ill. Adm. Code 428.20** Unsafe Conditions of Tires {#sec-428.20 omnilex-key=us-il-regs-official--title-92--428.20}
A tire is considered to be unsafe if it exhibits any one of the following conditions or any combination of these conditions.
a) EXPOSED PLY OR CORD. A ply or cord is exposed when any portion of the ply or cord material can be seen by the person inspecting the tire. If parting or lifting the edge(s) of a crack, cut, snag, flap, or other tire surface interruption allows ply or cord material to be seen, the ply or cord is exposed.
b) BULGE, KNOT OR SEPARATION IN EITHER SIDEWALL OR TREAD AREA. These conditions indicate deterioration or internal damage of the tire structure. A bulge or knot usually indicates cord, sidewall, and/or tread separation, often accompanied by or caused by seepage of compressed air through the tire structure. A tire with any other condition that shows separation in sidewall or tread area or with any knot or bulge not accompanied by evidence of separation also shall be considered to be unsafe.
c) A MARKING THAT INDICATES THE TIRE IS NOT INTENDED FOR USE ON PUBLIC STREETS OR HIGHWAYS. Some examples are: "Unsafe for highway use", "Not for highway use", "For racing purposes only", and "For beach use." These or other markings might be applied by branding, cementing, cutting, molding, vulcanizing, or otherwise generating or affixing depressed or raised letters, numerals, or other suitable characters, into or onto a tire, either when the tire is manufactured or subsequent to manufacture. Other examples and descriptions are given in Appendix B.
d) ABSENCE OF A READABLE MARKING SHOWING THE SIZE DESIGNATION OF A TIRE OR ABSENCE OF A READABLE MARKING SHOWING THE RELATIVE LOAD CARRYING ABILITY OF THE TIRE.
1) These markings are needed to minimize installation and use of tires of incorrect size or load carrying ability. Tire size markings are shown in Appendix A. Relative load carrying ability markings are:
Load
Range
Ply or
Ply Rating
Maximum
Inflation Pressure
B
4
32 psi*
C
6
36 psi
D
8
40 psi
*Pounds per square inch
2) The markings shown on each horizontal line in the above table indicate equivalent relative load carrying ability. The presence of any one of the three types, together with a size marking, is satisfactory.
e) TREAD WEAR INDICATORS FLUSH WITH THE TREAD OUTER SURFACE IN ANY 2 OR MORE ADJACENT TREAD GROOVES AT 3 LOCATIONS EQUALLY SPACED AROUND THE CIRCUMFERENCE OF THE TIRE. A tire is considered to be unsafe when the flush condition exists:
1) In the same pair of adjacent grooves at each of the 3 locations; or
2) In the same pair of adjacent grooves at 2 of the locations and in a different pair of adjacent grooves at the 3rd location; or
3) In a different pair of adjacent grooves at each of the 3 locations.
Note: Tread wear indicators were molded into the bottoms of tread grooves in passenger car tires manufactured in compliance with federal requirements after July 31, 1968. They were molded into the grooves of many tires manufactured prior to that time. Tread wear indicators might be molded into the grooves of retreaded or recapped tires.
f) A TREAD GROOVE DEPTH OF LESS THAN 2/32nds (1/16th) OF AN INCH MEASURED IN ANY 2 OR MORE ADJACENT TREAD GROOVES AT 3 LOCATIONS ESSENTIALLY EQUALLY SPACED AROUND THE CIRCUMFERENCE OF THE TIRE, AT LEAST ONE OF WHICH IN THE JUDGEMENT OF THE INSPECTING OFFICER IS A LOCATION AT WHICH THE TREAD IS THINNEST, EXCLUSIVE OF TIE BARS OR TREAD WEAR INDICATORS. This rule is primarily for treads without tread wear indicators but, at the discretion of an inspecting officer, it may be used for a tread with tread wear indicators. When using this rule, do not measure on, or directly above, any tie bar or tread wear indicator.
1) Any tire without tread grooves (i.e. "slick" or "bald") either in an area covering 2 or more tread grooves or in an area covering 25 percent (¼), or more, of the tread width is considered to have a tread groove depth of less than 2/32nds of an inch in 2 or more adjacent tread grooves at the location of such area. Depth measurements are not necessary in such an area.
2) If the "slick" or "bald" condition of Section 428.20(f)(1) is not present, measure tread groove depths in at least 2 adjacent grooves at a location where the tread appears to be thinnest, i.e. where the tread grooves appear to be shallowest. If the groove depth equals or exceeds 2/32nds of an inch in either of the 2 shallowest adjacent grooves at this location, no additional measurements are necessary and tread groove depth is satisfactory.
3) If the groove depths are less than 2/32nds of an inch in the 2 adjacent grooves checked under Section 428.20(f)(2), above, take measurements at 2 additional locations spaced within 5 degrees of 120 degrees around the tire circumference from the first location, in each case measuring in at least the 2 adjacent grooves that appear to be shallowest. If the groove depths in 2 adjacent grooves are less than 2/23nds of an inch at both these additional locations, the tire is considered to be unsafe. Note that this requires three pairs of groove depths less than 2/23nds of an inch in adjacent grooves, but that the same pair of adjacent grooves need not be measured in each of the three locations (See Section 428.20(e), above).
4) Additional information, examples, and requirements concerning tread groove measurements are given in Appendix B.
g) REGROOVED OR RECUT IN ANY PORTION OF THE TREAD AND NOT MEETING ALL APPLICABLE REQUIREMENTS SET FORTH AND REFERRED TO IN SECTION 428.20(g)(2), BELOW.
1) Irregular or erratic tread grooves are evidence of manual regrooving. The irregularities might be evidenced by erratic shapes or depths of grooving or by erratic variations in rib width or the shape, location, or spacing of any pattern or design formed in the tread by the tread grooves. Straight grooves without any of the evenly spaced lateral offsets, undulations, or variations, usually formed in molded tread grooves could be evidence of machine regrooving. If grooves are cut by a machine that generates periodic lateral offsets, etc., the spacing of the offsets might be erratic where the end of a grooving cut joins the start of the cut.
2) A properly regrooved and marked tire may be sold, leased, installed or used. A tire that is branded "REGROOVED" on each sidewall in letters not less than one inch in height, and that meets all applicable requirements of the Federal Motor Vehicle Safety Regulation for Regrooved Tires shown in (49 CFR 569) is not considered to be unsafe. The applicable requirements are shown and explained in Appendix B.
##### **92 Ill. Adm. Code 428.30** Tire Mounted on Vehicle Offered for Sale or for Lease {#sec-428.30 omnilex-key=us-il-regs-official--title-92--428.30}
Under the provisions of (d)5 in Section 12-405 of the Illinois Vehicle Code, a tire mounted on a vehicle being offered for sale or for lease may not exhibit a tread groove depth, or depth of tread, less than 3/32 of an inch.
a) Such a tire is in violation of this provision when any tread wear indicator is less than 1/32 of an inch below the tread outer surface.
b) Such a tire is in violation of this provision when a tread groove measures less than 3/32 of an inch in depth at any location.
c) The rules stated in Section 428.30(a) and (b), above, apply only while the vehicle is being offered for sale or for lease. The rules given in Section 428.20, above, also apply during such offer and at other times.
##### **92 Ill. Adm. Code 428.40** Use, Installation, Sale, or Lease of Unsafe Tire {#sec-428.40 omnilex-key=us-il-regs-official--title-92--428.40}
a) Section 12-405 of the Illinois Vehicle Code provides that no person or organization shall drive or move or cause to be driven or to be moved on the public streets or highways of this State any vehicle equipped with one or more passenger car tires considered to be unsafe, except that tires on certain towed vehicles are exempt (See Section 428.10(e)(1), above).
b) Section 12-405 also provides that no person or organization shall sell or lease or offer for sale or lease, or mount or install, or cause to be mounted or to be installed for use on the public streets or highways of this State any passenger car tire considered to be unsafe, and provides that a person offering a vehicle for sale or for lease shall correct any unsafe tire condition before the vehicle is driven or moved on a public street or highway.
c) The rules set forth herein are to be used in determining whether a tire is unsafe.
##### **92 Ill. Adm. Code 428.50** Compliance and Enforcement {#sec-428.50 omnilex-key=us-il-regs-official--title-92--428.50}
Section 12-405 of the Illinois Vehicle Code provides that any police officer, upon reasonable cause to believe a statutory provision shown in Section 428.40, above, has been violated, shall require the appropriate person or organization to submit the tire(s) to an inspection. A vehicle driver must stop at a location designated by a police officer and permit tires to be inspected. Also, a vehicle driver must move the vehicle to a reasonably convenient and suitable location when, in the judgment of the officer, such action is essential to the completion of an efficient and safe inspection of the tires.
##### **92 Ill. Adm. Code 428.APPENDIX** A Tire Size Designations and Types {#sec-428.appendix omnilex-key=us-il-regs-official--title-92--428.APPENDIX}
The purpose of this Appendix is to show the tire size designations and types listed in Federal Motor Vehicle Safety Standard 109 (49 CFR 571.109), as amended. This Appendix lists, under each type of tire, the size designation of the smallest and the largest tire for each rim size shown in Standard 109 under that type of tire. All similar intermediate size designations for each rim size listed herein under each tire type are considered to be included. (Note: The rim size is the two digit number, such "13" of "16", at the end of each tire size designation.)
A)
Conventional and Low Section Height Bias Ply Tires:
6.00-13
through
7.00-13
6.00-14
"
9.50-14
6.00-15
"
9.15-15, plus L84-15
6.00-16
"
7.50-16
6.50-17
"
The letter "H", "S", or "V" may be included in any specified tire size designation adjacent to or in place of the "dash."
B)
"70 Series" Bias Ply Tires:
A70-13
through
D70-13
D70-14
"
L70-14
C70-15
"
L70-15
The letter "H", "S", or "V" may be included in any specified tire size designation adjacent to or in place of the "dash".
C)
Bias Ply Tires:
"Super Balloon" Sizes
4.80-10
through
5.90-10
5.20-12
"
6.20-12
5.20-13
"
6.90-13
5.20-14
"
6.45-14
7.20-15
"
6.40-15
"Low Section" Sizes
5.00-12
through
6.00-12
5.00-13
"
7.50-13
5.50-15L
"
7.00-15L
"Super Low Section"
Sizes
145-10/5.95-10
125-12/5.35-12
through
155-12/6.15-12
135-13/5.65-13
"
185-13/7.35-13
135-14/5.65-14
"
155-14/6.15-14
165-14
"
255-14
125-15/5.35-15
"
175-15/7.15-15
165-15
"
235-15
5.0-15
"
5.5-15
The letter "H", "S", or "V" may be included in any specified tire size designation adjacent to or in place of the "dash".
D)
Dash ( – ) Radial Ply Tires:
145-10
125-12
through
155-12
135-13
"
195-13
135-14
"
225-14
125-15
"
240-15
185-16
165-400
The letter "H", "S", or "V" may be included in any specified tire size designation adjacent to or in place of the "dash".
E)
"77 Series" Bias Play Tires:
5.9-10
5.9-12
through
6.2-12
6.2-13
"
6.9-13
G77-14
6.2-15
through
6.9-15
The letter "H", "S", or "V" may be included in any specified tire size designation adjacent to or in place of the "dash".
F)
Type "R" Radial Ply Tires:
5.20R10
5.22R12
through
5.60R12
5.00R13
"
7.25R13
5.20R14
"
7.50R14
5.60R15
"
7.60R15
The letter "H", "S" or "V" may be included in any specified tire size designation adjacent to the "R".
G)
"70 Series" Type "R" Radial Ply Tires:
AR70-13
through
DR70-13
CR70-14
"
LR70-14
DR70-15
"
MR70-15
The letters "HR", "SR", or "VR" may be included in any specified tire size designation adjacent to or in place of the "dash".
H)
Type "R" Radial Ply Tires:
145R10
125R12
through
155R12
135R13
"
195R13
135R14
"
225R14
125R15
"
235-R15
The letter "H", "S" or "V" may be included in any specified tire size designation adjacent to the "R".
J)
"78 Series" Bias Ply Tires:
A78-13
through
D78-13
B78-14
"
J78-14
A78-15
"
N78-15
The letter "H", "S", or "V" may be included in any specified tire size designation adjacent to or in place of the "dash".
K)
"60 Series" Bias Ply Tires:
A60-13
through
D60-13
D60-14
"
L60-14
D60-15
"
L60-15
The letter "H", "S", or "V" may be included in any specified tire size designation adjacent to or in place of the "dash".
L)
Series 50 Cantilevered Sidewall Tires:
E50C-16
through
F50C-16
G50C-17
"
H50C-17
L50C-18
The letters "H", "S", or "V" may be included in any specified tire size designation adjacent to or in place of the "dash".
M)
"78 Series" Radial Ply Tires:
AR78-13
through
CR78-13
BR78-14
"
JR78-14
AR78-15
"
LR78-15
The letter "H", "S", or "V" may be included in any specified tire size designation adjacent to the "R".
O)
"Low Section" Type "R" Radial Ply Tires:
140R12
through
150R12
150R13
"
170R13
150R14
180r15
The letter "H", "S", or "V" may be included in any specified tire size designation adjacent to the letter "R".
P)
Series 45 Cantilevered Sidewall Tires:
F45C-16
The letter "H", "S, or "V" may be included in any specified tire size designation adjacent to or in place of the "dash".
R)
"60 Series" Radial Ply Tires:
AR60-13
through
ER60-13
FR60-14
"
GR60-14
ER60-15
"
LR60-15
The letter "H", "S", or "V" may be included in any specified tire size designation adjacent to or in place of the "dash".
S)
"60 Series" Radial Ply Tires:
185/60 R 13
205/60 R 14
through
245/60 R 14
255/60 R 15
The letter "H", "S", or "V" may be included in any specified tire size designation adjacent to the "R".
T)
"70 Series" Radial Ply Tires:
205/70 R 13
205/70 R 14
through
225/70 R 14
195/70 R 15
"
255/70 R 15
The letter "H", "S", or "V" may be included in any specified tire size designation adjacent to the letter "R".
U)
"60 Series" Cantilevered Tires:
C60C-15
The letter "H", "S", or "V" may be included in any specified tire size designation adjacent to or in place of the "dash".
V)
Series "50" Bias Ply Tires:
H50-14
The letter "H", "S", or "V" may be included in any specified tire size designations adjacent to or in place of the "dash".
##### **92 Ill. Adm. Code 428.APPENDIX** B Examples, Explanations, Descriptions and Other Information {#sec-428.appendix omnilex-key=us-il-regs-official--title-92--428.APPENDIX}
(This Appendix will be published when the requisite information is available and properly prepared for presentation and use. It will contain examples, explanations, descriptions, and other information or data to supplement those portions of Section 428.20 of this Part that refer to Appendix B.)
(Note: The Department of Transportation, as of this date, has not published this Appendix and currently has no plans to do so.)
#### **Part 435** Minimum Safety Standards for Construction of Multifunction School Activity Buses
##### **92 Ill. Adm. Code 435.10** Purpose, Scope and Implementation Date {#sec-435.10 omnilex-key=us-il-regs-official--title-92--435.10}
This Part prescribes the requirements of the Illinois Department of Transportation (Department) governing the construction of multifunction school activity buses (MFSAB) that are manufactured on or after July 1, 2012. These standards are applicable to MFSAB that are owned or operated by, or for, public school districts, private schools or school transportation contractors.
**History**
- *Source: Amended at 37 Ill. Reg. 6791, effective May 3, 2013*
##### **92 Ill. Adm. Code 435.20** Incorporation by Reference of Federal Regulations {#sec-435.20 omnilex-key=us-il-regs-official--title-92--435.20}
a) Each multifunction school activity bus must conform to the applicable provisions of the Federal Motor Vehicle Safety Standards (FMVSS) (49 CFR 571.1 through 571.404). Those applicable provisions of the FMVSS are incorporated by reference as that part of the FMVSS was in effect on October 1, 2011. No later amendments to or editions of 49 CFR 571 are incorporated.
b) Each multifunction school activity bus must conform to the applicable provisions of 49 CFR 567, Certification, and 49 CFR 568, Vehicles Manufactured in Two or More Stages, that were in effect on the first day of the month in which the chassis manufacturer completed the last manufacturing operation on the incomplete bus. Those applicable provisions are incorporated by reference as they were in effect on October 1, 2011. No later amendments to or editions of 49 CFR 567 and 49 CFR 568 are incorporated.
c) Each multifunction school activity bus must conform to the applicable Standards and Recommended Practices of the Society of Automotive Engineers Handbook (Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale PA 15096-0001, 724/776-4841). Those applicable provisions of the SAE Standards and Recommended Practices are incorporated by reference as of the 2005 edition date. No later amendments to or editions of the SAE Standards and Recommended Practices are incorporated.
d) Copies of the materials incorporated by reference are available for inspection at the Division of Traffic Safety, 1340 North Ninth Street, Springfield, Illinois 62702 or by calling 217/785-1181. The federal standards are available on the National Archives and Records Administration's website at http://ecfr.gpoaccess.gov. The Division of Traffic Safety's rules are available on the Department's Highway and Traffic Safety Information website at http://www.dot.il.gov/safety.html.
##### **92 Ill. Adm. Code 435.30** Definitions {#sec-435.30 omnilex-key=us-il-regs-official--title-92--435.30}
"Body" means the portion of a bus that encloses the occupant and cargo spaces and separates those spaces from the chassis frame, engine compartment, driveline, and other chassis components, except certain chassis controls used by the driver.
"Body-on-Chassis" means a completed vehicle consisting of a passenger seating body mounted on a truck type chassis (or other separate chassis) so that the body and chassis are separate entities, although one may reinforce or brace the other.
"Bus" means every motor vehicle, other than a commuter van, designed for carrying more than ten persons. (Section 1-107 of the Code)
"Chassis" means every frame or supportive element of a vehicle whether or not a manufacturer's identification number, serial number, or other identifying numbers are present on said part. (Section 1-111.1(b) of the Code)
"Code" means the Illinois Vehicle Code [625 ILCS 5].
"Commercial Vehicle Safety Section" means a section of the Bureau of Safety Programs of the Division of Traffic Safety, Illinois Department of Transportation.
"Department" means the Department of Transportation of the State of Illinois, acting directly or through its duly authorized officers and agents. (Section 1-115.05 of the Code)
"Division" means the Illinois Department of Transportation, Division of Traffic Safety.
"Empty Weight" means the unloaded vehicle weight; i.e., the weight of a vehicle with maximum capacity of all fluids necessary for operation of the vehicle but without cargo or occupant.
"FMVSS" means the rules and standards set forth in 49 CFR 571 and known as the Federal Motor Vehicle Safety Standards.
"Gross Vehicle Weight Rating" or "GVWR" means the value specified by the manufacturer as the loaded weight of the school bus. (See Section 1-124.5 of the Code.)
"Illinois Vehicle Equipment Law" means 625 ILCS 5/12-101 through 12-902.
"Manufacturer" (unless otherwise indicated at the point of use) means the person or organization whose name follows "MANUFACTURED BY" or "MFD BY" on the federal certification label.
"Multifunction School Activity Bus" or "MFSAB" means a school bus manufactured for the purpose of transporting 11 or more persons, including the driver, whose purposes do not include transporting students to and from home or school bus stops. A MFSAB is prohibited from meeting the special requirements for school buses in Sections 12-801, 12-803, and 12-805 and subsection (a) of Section 12-802 of the Code. (Section 1-148.3a5 of the Code, as amended by PA 97-378, effective August 15, 2011)
"Passenger" means every occupant of the vehicle who is not the driver.
"Purchase Date" means the date when the purchase transaction was completed, not when the body or chassis was built.
"Seating Reference Point" means the unique design H-point, as defined in SAE J1100, that simulates the position of the pivot center of the human torso and thigh. Each school bus manufacturer utilizes different criteria to determine the specific seating reference point on passenger seats for vehicles they manufacture.
##### **92 Ill. Adm. Code 435.APPENDIX** A Air Cleaner Through Battery and Battery Compartment {#sec-435.appendix omnilex-key=us-il-regs-official--title-92--435.APPENDIX}
a) AIR CLEANER
Any type is acceptable.
b) AISLE
Unobstructed minimum clearance leading from service door to emergency door (or back of bus) must be at least 12 inches (305 mm) wide. Floor to ceiling height must be a minimum of 68.9 inches (1.75 m) at any location within the aisle.
c) ALTERNATOR (GENERATOR)
The generator, or alternator with rectifier, shall have a minimum capacity rating of 60 amperes and shall be capable of meeting all electrical requirements.
d) BARRIER, GUARD
A guard barrier, constructed and thickly padded so as to provide head, knee and leg protection, shall be installed in front of each forward facing passenger seat that does not directly face the rear surface of another passenger seat. The barrier must measure the same height as the passenger seat back directly behind that barrier. Barriers shall conform to S5.2 through S5.2.3 of 49 CFR 571.222.
e) BATTERY OR BATTERIES
A minimum of one battery must be installed. Two or more suitably connected batteries may also be installed.
When rated in conformance with SAE Standard J537 (September 2000) the batteries shall provide a current flow for engine cranking no less than the engine manufacturer's recommended Cold Cranking Current (amperes for 30 seconds) at -18° C (0° F) or, at the purchaser's option, at -29° C (-20° F).
When rated in conformance with SAE Standard J537 (September 2000) the batteries shall provide a Reserve Capacity (duration of 25 ampere current flow) at 27° C (80° F) for no less than 135 minutes.
Battery or batteries may be mounted either in the engine area or outside of the passenger/driver area in a separate battery compartment.
f) BATTERY COMPARTMENT (optional)
When the battery is mounted outside the engine compartment, it shall be welded or bolted in a closed, weather-tight, and vented compartment that is located and arranged so as to provide for convenient routine servicing. The battery compartment door, or cover, shall be secured by a manually operated latch or other fastener. A latch or fastener must be designed in such a fashion as to keep the door closed when in the latched position. Each electrical cable connecting the battery in this carrier to the body or chassis shall be one piece between the terminal connector and the first body or chassis terminal connector.
##### **92 Ill. Adm. Code 435.APPENDIX** B Brakes Through Drive Shaft {#sec-435.appendix omnilex-key=us-il-regs-official--title-92--435.APPENDIX}
a) BRAKES
Every motor vehicle shall be equipped with two separate means of applying the brakes and they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes. (See Section 12-301(a) of the Illinois Vehicle Equipment Law.)
Emergency/parking brake system must apply brakes to at least two wheels. (See Section 12-301(a) of the Illinois Vehicle Equipment Law.)
AGENCY NOTE: Micro brakes are not considered a separate means of braking and are not acceptable.
Must be equipped with service brakes on all wheels. (See Section 12-301(a)(5) of the Illinois Vehicle Equipment Law.)
b) BUMPER, FRONT
Manufacturer's standards are acceptable. Black color is not required.
The entire front bumper must be of metal construction unless an energy absorbing bumper is used.
c) BUMPER, REAR
The rear bumper shall be channel-type cross section with the top edge at least 8.86 inches (22.5 cm) above the bottom edge. The bumper shall be formed from rolled steel at least .18 inch (.455 cm) thick, and shall wrap around the rear corners of the body to a point at least 11.8 inches (30 cm) forward of the rearmost point of the body at floor line. The rear bumper shall be attached to the chassis frame with provisions for removal by means of commonly available hand tools and the prevention of hitching to or riding on. The rear bumper shall be of sufficient strength to permit the MFSAB being pushed by another vehicle without permanent distortion.
d) CHILD CHECK SYSTEM
If a mechanical or electronic child check system is installed, the system shall require that, when the driver turns off the vehicle's ignition system, the vehicle's interior lights must illuminate to assist the driver. (See Section 12-816 of the Illinois Vehicle Equipment Law.)
AGENCY NOTE: A manual child check system may be utilized by the MFSAB owner.
e) COMMUNICATION DEVICE
AGENCY NOTE: A communication device is required on each MFSAB while the driver is in possession of the MFSAB. The manufacturer may elect to install a two way radio at the time the MFSAB is manufactured; however, a communication device (i.e., two way radio or cellular radio telecommunication device) can also be installed by the owner after the MFSAB is purchased.
An MFSAB must contain either a cellular radio telecommunication device (i.e., cell phone) or an operating two-way radio while the MFSAB driver is in possession of the vehicle.
f) CROSSING CONTROL ARM
The crossing arm must meet the following:
1) Must be wired to the opening and closing of the service entrance door.
2) Must be capable of full operation between, and including, the temperatures -40° F and 160° F.
3) The arm, when activated, must extend a minimum of five feet from the front face of the bumper.
4) The arm must be mounted on the far right side (entry side) of the front bumper.
5) Appropriate brackets shall be used to attach the arm to the front bumper for proper operation and storage. The arm must stay at the same level as the front bumper and must not "dip" below the front bumper.
6) All component parts must meet or exceed any applicable federal motor vehicle safety standards in effect at the time of manufacture.
7) The arm must extend at the same time the service door opens. An independent "on/off" switch is prohibited.
8) If the driver can stop the arm from extending with the use of an optional override switch, the arm sequence must automatically reset once the service door is closed.
9) Red lights and/or red reflectors are prohibited.
g) DASH
The dash area below the windshield must be free of all obstructions. This includes, but is not limited to, two-way radios, GPS systems, pencil holders, decorations, or any other obstacle that may obstruct a school bus driver's field of view.
h) DRIVE SHAFT GUARD
A suitable guard shall be provided for each segment of the drive shaft to prevent accident or injury if the shaft breaks or becomes disconnected.
**History**
- *Source: Amended at 37 Ill. Reg. 6791, effective May 3, 2013*
##### **92 Ill. Adm. Code 435.APPENDIX** C Electrical System Wiring Through Filter, Oil {#sec-435.appendix omnilex-key=us-il-regs-official--title-92--435.APPENDIX}
a) ELECTRICAL SYSTEM WIRING
1) All wiring for lamps and other electrical devices shall be as recommended for automobiles, motor coaches, and heavy duty starting motor circuits in SAE Recommended Practices J1292 (October 1981) and J541a (October 1996) and in other practices or standards referenced in those documents, unless preempted by FMVSS. (See the FMVSS (49 CFR 571) for requirements.)
2) All circuits may be divided into independent circuits. Whenever feasible, all other electrical functions (sanders, windshield wipers, heaters, defrosters, etc.) shall be provided with independent and properly protected circuits.
3) Each body circuit shall be coded either by numerals and/or letters at approximately 100 mm (3.9") intervals, or by color and numerals and/or letters, or by colors only. The codes shall appear on a diagram of the circuits in a readily accessible location.
4) A separate fuse, circuit breaker, or electronic circuit protection shall be provided for all circuits, except that components of the engine starter and ignition circuits may be protected by other means.
5) Wires not enclosed within the body shall be fastened securely at intervals of not more than 460 mm (18.1").
6) All terminals and splice clips shall be accessible.
7) The chassis manufacturer shall install a readily accessible electrical terminal so that the net body and chassis electrical current flow can be indicated through a chassis ammeter without dismantling or disassembling the chassis component. The chassis wiring to this terminal shall have a current carrying capacity at least equal to the maximum generator output.
8) A noise suppression switch that is capable of turning off noise producing accessories, including, but not limited to, heater blowers, defroster fans, auxiliary fans and radios, must be installed.
b) EMERGENCY EXITS
Each opening for a required emergency exit window or door must be outlined around its exterior perimeter with, at a minimum, one inch (2.54 cm) wide retroreflective tape. All retroreflective tape must be on the exterior surface of the bus and conform to all requirements of 49 CFR 571.217. Retroreflective tape can be located on the rear bumper or rub rail provided the space under the emergency exit door or emergency exit window is not adequate to accommodate the tape, or, provided rivets are present that prohibit the tape from being applied properly.
Optional emergency roof exits are allowed. Retroreflective tape is also optional.
1) Side
Inside release mechanism must be protected against accidental release; easily accessible; and readily operated manually without the use of remote control, power device, or tool.
2) Rear
Inside release mechanism must be protected against accidental release; easily accessible; readily operated manually without use of remote control, power device, or tool.
Shall have permanently attached inside and outside release handles. Outside release handle must be non-hitchable.
Rear exit shall hinge on right; open outwards; have a 24 inch or more clear horizontal opening and 45 inch or more clear vertical opening above floor. Glazing shall be installed in upper and lower portions. Door and rubber seal must not be defective.
3) Window
Optional emergency windows are allowed. They must be labeled "Emergency Exit" in letters at least two inches high, of a color that contrasts with its background, located at the top of or directly above the window on the inside surface of the bus.
4) Alarms and Locks
Both audible and visible alarms shall alert the driver when engine is running and any emergency exit door either:
A) Is not fully latched, or
B) Is locked.
An audible alarm shall alert the driver when engine is running and any emergency exit window either:
A) Is not fully latched, or
B) Is locked.
The engine starting system shall not operate while any emergency exit door or window (optional or required) is locked (i.e., release mechanism that requires a key or combination, a "hasp lock" or a sliding latch) from either inside or outside the bus.
Alarm cut-off or "squelch" control is prohibited.
On a van conversion, any rear cargo door inside locks of the type installed by the chassis manufacturer (such as commonly used in cars − "push/pull" type) shall be made inoperable. The mechanism cannot, through jarring, vibration, etc., cause the door to become locked and be inoperable from the inside or outside.
No alarm is required for roof hatches.
c) ENTRANCE DOOR
1) Physical Requirements
The service entrance shall have a minimum vertical opening of 1.7 m (67") and a minimum horizontal opening of 610 mm (24").
Door shall be located to right of operator and operated by an over-center control. Upper portions of door shall be safety glass or equivalent. Vertical closing edges shall be equipped with flexible material for a proper seal and to prevent injury.
Each door on the right side of the vehicle, hinged or sliding, except the service door shall be made permanently inoperable by means other than the rub rail on the outside of the body.
The service door shall be either manually or power operated by the seated driver. When in the closed and secured position, the door operating mechanism shall prevent accidental opening but shall afford prompt release and opening by the driver. No exposed parts of a door operating mechanism shall come together so as to shear or crush fingers. The vertical closing edges of a service door shall be padded to lessen chance of injury.
A power operated door shall be equipped for emergency manual operation in case of power failure. Instructions for emergency operation of a power operated door shall be affixed permanently on the interior of the door in letters at least 12 mm (.5") high.
2) Locks and Alarms
A service door lock is not required, but if any type of service door locking system is installed on the bus, the system shall conform to at least one of the following:
A) The locking system shall not be capable of preventing the driver from easily and quickly opening the service door from inside the vehicle; or
B) A locking system that is capable of preventing the bus driver from easily and quickly opening the service door shall include an audiovisual alarm. The alarm shall be audible and visible and must alert the driver when the engine is running and the service door is locked. An alarm disconnect, "squelch control", or other alarm defeating or weakening device shall be prohibited; or
C) A locking system shall not be capable of preventing the bus driver from easily and quickly opening the service door except when a person outside the bus uses a key that is not capable of locking more than one of at least 1000 of the door manufacturer's key locking systems.
d) EXHAUST SYSTEM
1) General
"Exhaust system" includes each component used to conduct gas from an engine exhaust port (manifold) to an authorized exit point, including each sealing, connecting, and supporting component. Exhaust system shall be outside body and attached to chassis. Size of tail pipe shall not be reduced after it leaves muffler. Any flexible component that contains exhaust gas shall be of stainless steel. System shall not leak. System shall have an outlet at its discharge ends only.
Exhaust system shall be shielded from either accidental contact, "hitching to", or "standing on", except that no shielding is required at the discharge end. A chassis or body component may provide required shield.
AGENCY NOTE: As mandated by the United States Environmental Protection Agency (USEPA), diesel-powered engines manufactured after December 31, 2006 are required to meet stricter standards that will reduce emissions of particulate matter and nitrogen oxides into the atmosphere. School bus manufacturers may be required to modify exhaust systems to meet the USEPA requirements, e.g., mufflers may be replaced with after-treatment devices that significantly reduce toxins released into the atmosphere. Modifications to exhaust systems made in compliance with the USEPA requirements are acceptable, provided they do not impact the safe operation of the school bus.
2) Discharge
The exhaust pipe, muffler and tail pipe shall be outside the bus body and attached to the chassis.
The exhaust system shall be insulated from any insulated wire, flammable material, brake hose or line, or fuel system component by a securely attached metal shield at any point where the exhaust system is 11.8 inches (300 mm) or less (four inches (101.6 mm) or less if diesel powered engine) from the components listed in this subsection (d)(2).
The tail pipe may meet the chassis manufacturer's standard configuration. However, the tail pipe shall not exit beneath any fuel filler location or beneath any emergency exit door.
The tail pipe shall extend out to, but not more than, 1 inch beyond the perimeter of the body, the bumper or the rub rail.
The shielding of engine compartment components shall be governed by the chassis manufacturer's standards.
Each gas conducting component that is not of stainless steel shall be of commercial heat and corrosion resistant exhaust system material and shall be nonflexible.
e) FILTER, OIL
A "full flow" replaceable element or cartridge type engine oil filter of approximately 1 liter (1 quart) capacity shall be installed. The purchaser may specify additional "full flow" or "by-pass" type filters, or oil treatment devices.
##### **92 Ill. Adm. Code 435.APPENDIX** D Fire Extinguisher Through Fuel System {#sec-435.appendix omnilex-key=us-il-regs-official--title-92--435.APPENDIX}
a) FIRE EXTINGUISHER
AGENCY NOTE: A fire extinguisher is required to be carried on each MFSAB transporting students. The manufacturer may elect to install the fire extinguisher at the time the MFSAB is manufactured; however, a fire extinguisher can also be installed by the owner after the MFSAB is purchased.
Pressurized dry-chemical gauge type approved by Underwriters' Laboratories, Inc., with a rating of not less than 10 B.C., mounted in bracket and readily accessible. Sealed with a type of seal that will not interfere with operation. If stored in locked compartment, compartment must be labeled. Halon fire extinguishers (10 B.C.) are approved.
b) FIRST AID KIT
AGENCY NOTE: A first aid kit is required to be carried on each MFSAB transporting students. The manufacturer may elect to install the first aid kit at the time the MFSAB is manufactured; however, a first aid kit can also be installed by the owner after the MFSAB is purchased.
Kit shall be readily identifiable, removable, and mounted in a readily accessible place in driver's compartment − either in full view or in secured compartment (see LOCKED COMPARTMENT). If not carried in compartment, the case shall be dust tight and substantially constructed of durable material. The contents shall include, but not be limited to, the following:
Unit Type (Minimum Contents)
4" bandage compress − 2 packages
2" bandage compress − 2 packages
1" bandage or adhesive compress − 1 package
40" triangle bandage with two safety pins − 1
Splint, wire or wood − 1
A tourniquet or any type of ointment, antiseptic or other medicine shall not be included.
AGENCY NOTE: OSHA approved blood-borne pathogen kits are permitted.
c) FLOOR AND FLOOR COVERING
All portions of the floor that come in contact with passengers' or driver's footwear shall be covered with a waterproof material. This floor covering shall not crack when subjected to sudden temperature change and shall be bonded securely to the floor with a waterproof substance. All seams and openings shall be filled with a waterproof sealer.
The floor covering in the aisles and entrance area shall be of non-skid, wear-resistant type material commonly used in commercial passenger transportation vehicles.
d) FRAME AND BODY
Body mounts shall be attached and sealed to the chassis cowl so as to prevent the entry of water, dust or fumes through the joint between the chassis cowl and the body.
Frame shall extend to rear of body cross-member.
Frame extension is permitted when alterations are behind rear hanger or rear springs and not for the purpose of extending wheel base.
e) FUEL SYSTEM
The fuel system shall conform to all applicable provisions of 49 CFR 571.301.
Entire fuel system, except extensions for driver control of air or fuel, must be outside passenger and driver compartment.
Fuel tank must have a minimum capacity of 24 gallons, mounted, filled, and vented entirely outside body.
##### **92 Ill. Adm. Code 435.APPENDIX** E Grab Handles Through Insulation {#sec-435.appendix omnilex-key=us-il-regs-official--title-92--435.APPENDIX}
a) GRAB HANDLES
1) Exterior
Not required.
2) Interior
Stainless steel clad, solidly attached on the left side of the entranceway as a person enters the bus, and as long as practicable. An optional grab handle can also be located on the right side of the entranceway.
b) HEATERS
An interior temperature of not less than 10° Celsius (50° F) shall be maintained throughout the bus while the bus is moving at 75 kilometers per hour (46.6 miles per hour) in calm air at the average minimum January temperature, as established by the Weather Bureau, U.S. Department of Commerce, for the area in which the bus is to be operated.
Each heater shall bear a nameplate that shall identify the heater manufacturer and state the heater capacity rating when tested as recommended in SAE Recommended Practice J638 (November 1998), or when tested in accordance with other nationally recognized standard or code. The recommended practice, standard, or code under which the heater is rated shall be identified on the nameplate. The nameplate shall constitute certification by the heater manufacturer that the heater performance is as shown on the plate.
Heater hoses shall be supported so as to prevent wear due to vibration. The hoses shall not dangle or rub against the chassis or sharp edges and shall neither interfere with nor restrict the operation of any engine function (such as an emission or ignition control mechanism). Heater hoses shall be protected or baffled between the point at which they enter the passenger compartment and the point of attachment to the heater so that, in the event of hose rupture or disconnection, passengers and/or driver will not be subject to hot water burns.
Auxiliary fuel-fired heating systems are permitted, provided they comply with the following:
1) The auxiliary heating system fuel shall utilize the same type of fuel as specified for the vehicle engine;
2) The heater or heaters may be direct hot air or connected to the engine's coolant system;
3) An auxiliary heating system, when connected to the engine's coolant system, may be used to preheat the engine coolant or preheat and add supplementary heat to the bus heating system;
4) Auxiliary heating systems must be installed pursuant to the manufacturer's recommendations and shall not direct exhaust in a manner that will endanger bus passengers;
5) Auxiliary heating systems that operate on diesel fuel shall be capable of operating on:
A) a hot water and/or combustion type heater; or
B) if only one heater is used, a fresh-air or combination fresh-air and recirculation type heater; or
C) blended diesel fuel without the need for system adjustment; and
6) The auxiliary heating system shall be low voltage.
c) HORN
At least one horn shall be provided giving an audible warning at a distance of 200 feet and shall be conveniently controlled from the operator's seated position. (See Section 12-601 of the Illinois Vehicle Equipment Law.)
Optional exterior air horn is permitted.
d) INSTRUMENTS AND INSTRUMENT PANEL
Shall be equipped with the following nonglare illuminated instruments and gauges mounted for easy maintenance and repair and in such a manner that each is clearly visible to the seated driver. An indicator light instead of a pressure or temperature gauge is permissible.
1) Speedometer;
2) Odometer;
3) Fuel gauge;
4) Oil pressure gauge;
5) Water temperature gauge;
6) Ampere meter or volt meter with graduated charge and discharge indications;
7) High beam headlight indicator;
8) Directional signal indicator;
9) Air pressure or vacuum gauge (when air or vacuum brakes are used);
10) Emergency/service brake indicator (includes anti-lock brake system (ABS)).
e) INSULATION
The ceiling and sidewalls shall be thermally insulated with a fire-resistant material that shall reduce the noise level and vibrations.
##### **92 Ill. Adm. Code 435.APPENDIX** F Lettering Through Paint Requirements {#sec-435.appendix omnilex-key=us-il-regs-official--title-92--435.APPENDIX}
a) LETTERING
1) Exterior
The body and chassis manufacturer's name, emblem, or other identification may be displayed (colorless or any color) on any unglazed surface of the MFSAB.
A vehicle identification number may be displayed on the exterior surface of the MFSAB roof.
A) Front
Vehicle number assigned for identification shall be a minimum of four inches (10.16 cm) high and located as high as practicable. Decals are permissible. (See Section 12-802 of the Illinois Vehicle Equipment Law.)
B) Left
The name of the owner or the entity for which the MFSAB is operated or both shall be painted in a contrasting color on both sides, centered as high as practicable below the window line, in letters at least four inches (10.16 cm) high. (See Section 12-802(b) of the Illinois Vehicle Equipment Law.)
"EMERGENCY DOOR" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, any emergency exit door.
For any emergency window exit, "EMERGENCY EXIT" must be located at the top of, or directly above, or at the bottom of, the emergency window exit in letters at least 1.95 inches (5 cm) high.
An arrow, at least 5.9 inches (14.99 cm) in length and ¾ inch (1.91 cm) in width, indicating the direction each release mechanism should be turned to open the door or window must be located within 5.9 inches (14.99 cm) of the release handle.
Decals are permissible. All required lettering and labeling must be a color that contrasts with its background. (See 49 CFR 571.217.)
Optional: Vehicle number assigned for identification may be displayed at a minimum height of four inches (10.16 cm).
Decals are permissible.
C) Rear
"EMERGENCY DOOR" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, any emergency exit door.
For any emergency window exit, "EMERGENCY EXIT" must be located at the top of, or directly above, or at the bottom of, the emergency window exit in letters at least 1.95 inches (5 cm) high.
An arrow, at least 5.9 inches (14.99 cm) in length and ¾ inch (1.91 cm) in width, indicating the direction each release mechanism should be turned to open the door or window must be located within 5.9 inches (14.99 cm) of the release handle.
Vehicle number assigned for identification shall be a minimum four inches (10.16 cm) high. Decals are permissible.
All required lettering and labeling must be a color that contrasts with its background. (See 49 CFR 571.217.)
If MFSAB uses alternate fuel (e.g., propane, CNG), vehicle must be marked with identifying decal. The decal shall be diamond shaped with white or silver scotchlite letters one inch in height and a stroke of the brush at least ¼ inch (.64 cm) wide on a black background with a white or silver scotchlite border bearing either the words or letters:
"PROPANE" = If propelled by liquefied petroleum gas other than liquefied natural gas; or
"CNG" = If propelled by compressed natural gas. The sign or decal shall be maintained in good legible condition.
The alternate fuel decal shall be displayed near the rear bumper and visible from the rear of vehicle. (See Section 12-704.3 of the Illinois Vehicle Equipment Law.)
A white decal with black lettering and numerals that measure one inch (2.54 cm) high must be displayed on the rear of the MFSAB. The decal must display either the words TO REPORT ERRATIC DRIVING or TO COMMENT ON MY DRIVING CALL followed by the area code and telephone number of the MFSAB owner. The decal shall be located on the rear window glazing below the rear seat back, on the MFSAB body below the window line, or on the rear bumper. The decal must be visible to the motoring public from the rear of the MFSAB and cannot obstruct any required lettering or numerals. The decal cannot be located on any emergency door glazing or any emergency window glazing. Magnetic signs are prohibited. (See Section 12-821 of the Illinois Vehicle Equipment Law.)
Exception: The TO REPORT ERRATIC DRIVING or TO COMMENT ON MY DRIVING CALL decal may be applied by the MFSAB owner after the MFSAB is purchased.
D) Right
The name of the owner or the entity or both for which the MFSAB is operated shall be painted in a contrasting color on both sides, centered as high as practicable below the window line, in letters at least four inches (10.16 cm) high. (See Section 12-802 of the Illinois Vehicle Equipment Law.)
The following lettering must be at least two inches (5.08 cm) high:
i) The word "CAPACITY", or abbreviation "CAP." plus numerals showing rated passenger capacity followed by the word "PASSENGERS", or the abbreviation "PASS.", shall be displayed on the outside of the body near the rear edge of the service entrance.
ii) Empty weight in pounds must be shown. Empty weight is indicated by "EW". (See Section 12-802 of the Illinois Vehicle Equipment Law.)
Manufacturer's identification name or emblem may be displayed, but not on service door glazing. Manufacturer's name or emblem must not interfere with required lettering. Decals are permissible.
"EMERGENCY DOOR" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, any emergency exit door.
For any emergency window exit "EMERGENCY EXIT" must be located at the top of, or directly above, or at the bottom of, the emergency window exit in letters at least 1.95 inches (5 cm) high.
An arrow, at least 5.9 inches (14.99 cm) in length and ¾ inch (1.91 cm) in width, indicating the direction each release mechanism should be turned to open the door or window must be located within 5.9 inches (14.99 cm) of the release handle.
Decals are permissible. All required lettering and labeling must be a color that contrasts with its background. (See 49 CFR 571.217.)
Optional: If audio and/or visual recording devices are present on the MFSAB, one white decal with black lettering measuring one inch (2.54 cm) high shall be displayed on the exterior of the service (i.e., entrance) door, or on the MFSAB body adjacent to the service door if the door is not adequate to accommodate the decal. The decal shall serve as a notice of audio and/or visual recordings. The decal must not be located on any service door glazing. Magnetic signs are prohibited. (See Section 14-3(m) of the Illinois Criminal Code.)
2) Interior
A) Front
Each letter or numeral must be at least two inches (5.08 cm) high and contrasting sharply with its background. A colorless background strip (such as white, aluminum or silver) may be used. Decals are permitted.
On right side: Either "CAPACITY" or "CAP." plus numerals showing rated passenger capacity, followed by either "PASSENGER" or "PASS."
As nearly as practicable opposite the center of aisle, but to right of inside mirror, either "NO STANDEES" or "NO STANDEES PERMITTED".
The vehicle's length (rounded up to next whole foot) shall be displayed on the bulkhead clearly within the driver's view. (For example: vehicle length of 39.1 feet will be displayed as 40 feet.)
A red cross formed of five equal squares with words "FIRST-AID KIT" shall be displayed on the compartment door, or cover, if the first-aid kit is to be carried in the locked compartment.
The words "FIRE EXTINGUISHER" shall be displayed on the compartment door, or cover, if the fire extinguisher is to be carried in the locked compartment.
Optional: If audio and/or visual recording devices are present on the MFSAB, one white decal with black lettering measuring one inch (2.54 cm) high shall be displayed on the front interior bulkhead. The decal shall serve as a notice of audio and/or visual recordings. The decal must not obstruct any other required lettering on the bulkhead. Magnetic signs are prohibited. (See Section 14-3(m) of the Illinois Criminal Code.)
Optional: A "No Smoking" sign may be posted on the interior surface of an MFSAB.
B) Left
"EMERGENCY DOOR" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, any emergency exit door.
For any emergency window exit, "EMERGENCY EXIT" must be located at the top of, or directly above, or at the bottom of the emergency window exit in letters at least 1.95 inches (5 cm) high.
The labeling must be of a color that contrasts with its background.
Concise operating instructions describing the motions necessary to unlatch and open the exit must be located within 5.85 inches (15 cm) of the release mechanism on the inside surface of the MFSAB. These operating instructions shall be in letters at least .39 inches (1 cm) high and of a color that contrasts with its background. (See 49 CFR 571.217.)
C) Rear
"EMERGENCY DOOR" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, any emergency exit door.
For any emergency window exit, "EMERGENCY EXIT" must be located at the top of, or directly above, or at the bottom of the emergency window exit in letters at least 1.95 inches (5 cm) high.
The labeling must be of a color that contrasts with its background.
Concise operating instructions describing the motions necessary to unlatch and open the door must be located within 5.85 inches (15 cm) of the release mechanism on the inside surface of the MFSAB. These operating instructions shall be in letters at least .39 inches (1 cm) high and of a color that contrasts with its background. (See 49 CFR 571.217.)
D) Right
"EMERGENCY DOOR" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, any side emergency door.
For any emergency window exit "EMERGENCY EXIT" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, or at the bottom of the emergency window exit.
The labeling must be of a color that contrasts with its background.
Concise operating instructions describing the motions necessary to unlatch and open the exit must be located within 5.85 inches (15 cm) of the release mechanism on the inside surface of the MFSAB. These instructions shall be in letters at least .39 inches (1 cm) high and of a color that contrasts with its background. (See 49 CFR 571.217.)
E) Ceiling
Roof exit must be labeled "EMERGENCY EXIT" in letters at least 1.95 inches (5 cm) high, of a color that contrasts with its background. The labeling must be located on an inside surface of the exit, or within 11.7 inches (30 cm) of the roof exit opening.
Concise operating instructions describing the motions necessary to unlatch and open the emergency exit shall be located within 5.85 inches (15 cm) of the release mechanism. These instructions shall be in letters at least .39 inches (1 cm) high and of a color that contrasts with its background. (See 49 CFR 571.217.)
b) LIGHTS
Light Emitting Diode (LED) lamps that meet applicable FMVSS or SAE Standards/Recommended Practices are acceptable. Two or more lamps or reflectors may be combined if the requirements for each lamp or reflector are met. However, no clearance lamp shall be combined with a tail lamp. (See 49 CFR 571.108-S6.3.)
1) Back Up
Two white lights shall be provided. Must meet federal standards (49 CFR 571.108).
2) Clearance, Front
Two clearance lights (amber) visible from the front at highest and widest portions of the body. Must conform to federal standards (49 CFR 571.108). May be combined with sidemarker lamp provided the requirements for both lights are met.
Exception: MFSAB that measure less than 80 inches (203.2 cm) wide are exempt. (See 49 CFR 571.108.)
3) Clearance, Rear
Two clearance lights (red) mounted at highest and widest parts of body. Must conform to federal standards (49 CFR 571.108).
Exception: MFSAB that measure less than 80 inches (203.2 cm) wide are exempt. (See 49 CFR 571.108.)
4) Identification, Front
Three amber lights mounted at center front near top of body. Must conform to federal standards (49 CFR 571.108).
Exception: MFSAB that measure less than 80 inches (203.2 cm) wide are exempt. (See 49 CFR 571.108.)
5) Identification, Rear
Three red lights mounted at center rear near top of body. Must conform to federal standards (49 CFR 571.108).
Exception: MFSAB that measure less than 80 inches (203.2 cm) wide are exempt. (See 49 CFR 571.108.)
6) Flashing Signal System (not applicable)
MFSAB cannot be equipped with a flashing signal system.
7) Headlights
Shall have at least two headlamps with at least one mounted on each side of the front of the MFSAB. Lamp body must be securely attached. Lenses, reflectors, bulbs, etc., must be in good condition, properly aimed and fill required intensity. Shall conform to federal standards (49 CFR 571.108).
8) Interior
Adequate light to illuminate aisles, step well, and emergency passageways.
9) License Plate
Adequate white light to illuminate license plate. (See 49 CFR 571.108.) May be combined with one of the tail lights.
10) Parking Lights
Shall be one lamp on each side; white or amber color. (See 49 CFR 571.108.)
All MFSAB 80 or more inches (203.2 cm) in overall width that are equipped with side marker lamps, clearance lamps, and intermediate side marker lamps are exempt from having parking lights. However, if the vehicle is equipped with parking lights, they must be operational. (See 49 CFR 571.108.)
11) Sidemarker, Left
Two lamps: one amber at front and one red at rear, mounted as high as practicable and located on the side of the MFSAB. Shall conform to federal standards (49 CFR 571.108).
12) Sidemarker, Right
Two lamps: one amber at front and one red at rear, mounted as high as practicable and located on the side of the MFSAB. Shall conform to federal standards (49 CFR 571.108).
13) Step Well
At least the nosings of the service entrance steps and the floor around the step well shall be automatically illuminated with white light when the ignition is on and the service entrance door is open.
No lamp shall be installed so as to shine directly into the eyes of a pupil moving through the service entrance and looking at the service steps.
14) Stop
Two red lights mounted at same height and as high as practicable below window line. Seven inch (17.78 cm) minimum diameter or 19 square inches. Not less than 36 inches (91.44 cm) apart laterally. Must conform to federal standards (49 CFR 571.108).
15) Strobe
Lamp must comply with following requirements:
A) One per MFSAB;
B) Shall emit white or bluish/white light;
C) Shall be visible from any direction;
D) Shall flash 60 to 120 times per minute;
E) Shall be visible in normal sunlight;
F) Mounted at or behind center of rooftop and equal distance from each side.
Distance from rear will be calculated by measuring height of filament (in inches) and multiplying same by 30 inches. (Filament height x 30 = distance from rear of MFSAB where lamp is to be located.)
If a roof exit, air conditioner or the size of the MFSAB interferes with the placement of a strobe as required in this subsection (b)(15)(F), the strobe can be placed to the rear of the roof exit or air conditioner as near as practicable above the rear axle, horizontally centered between the rear tires.
16) Tail
Two red lights mounted with centers not less than 40 inches (101.6 cm) nor more than 50 inches (127 cm) from surface on which vehicle stands. Must conform to federal standards (49 CFR 571.108).
17) Turn Signal, Front
One amber lamp located on each side at or near the front. They shall be located at the same height and as far apart as practicable. Lamps must conform to federal standards (49 CFR 571.108). The lamps may be located on the fender or the cowl, if practicable.
18) Turn Signal, Rear
One red or amber lens on each side at the same height and as far apart as practicable below window. Must meet federal standard 49 CFR 571.108.
c) LOCKED COMPARTMENT (optional)
The fire extinguisher, first-aid kit, and/or warning devices may be stored either in a closed, unlocked compartment or under lock and key, provided the locking device is connected with an automatic warning signal that will alert driver when the compartment is locked. The automatic alarm shall be both audible and visible to the seated driver. The alarm shall alert the driver when the engine is running and the compartment is locked and cannot be readily opened without using a tool, key, or combination. An alarm cut-off or "squelch" control is prohibited.
Each safety item inside the compartment shall be named on the outside of the compartment cover or door. In addition, a RED CROSS formed of five equal squares shall be displayed on the cover when the first aid kit is inside the compartment.
d) MIRRORS
Every required mirror shall be of reflecting material protected from abrasion, scratching, and corrosion. Mirror shall be firmly installed on stable supports so as to give a clear, stable, reflected view. Mirrors must meet all requirements of 49 CFR 571.111 to provide the required field of view.
Convex crossover mirrors can be combined with either the right or left side safety mirrors provided the convex mirror meets the field of view and size requirements of 49 CFR 571.111.
1) Exterior
A) Rear View Driving
Shall be mounted outside on the left and right sides of the MFSAB. Must give seated driver a view to the rear along each side of the MFSAB. Must be at least 50 square inches of usable flat rectangular reflecting surface on each side. (See 49 CFR 571.111.)
If the rear view driving mirror does not provide the required field of view, a convex driving mirror must be installed to expand the driving view to the rear. However, the usable flat reflecting surface must be rectangular and must maintain at least 50 square inches.
B) Right Side Safety
An outside convex mirror, either alone or in combination with the crossover mirror system, shall give the seated driver a view of the roadway along the right side of the MFSAB between the most forward surface of the right front tire and the rear of the rear bumper. The projected reflecting surface of this convex mirror shall be at least 40 square inches (7⅛ inches (18.10 cm) diameter if a circle).
Extra-wide-angle convex mirror heads are permissible on right front corner only.
C) Left Side Safety (Optional)
A convex mirror is required if the left rear view driving mirror system does not give the seated driver a reflected view of the roadway along the left side of the MFSAB between the front edge of the driver's seat (in most forward position) and the rear of the rear bumper. The convex mirror shall be installed so that either alone or in combination with the rear view driving mirror gives the seated driver the proper view.
D) Crossover
An outside convex mirror shall give the seated driver a view of the front bumper and the area of roadway in front of the MFSAB. The projected reflecting surface of this mirror shall be at least 40 square inches (7⅛ inch (18.10 cm) diameter if a circle). (See 49 CFR 571.111.)
Exception: If the seated driver of a forward control MFSAB has a direct view of the front bumper and the area of roadway in front of the MFSAB, a crossover mirror is optional.
2) Interior
Must have a clear view safety glass mirror, metal backed and framed with rounded corners and edges that shall be padded. Shall afford a good view of the interior and roadway to the rear.
e) PAINT REQUIREMENTS
The exterior of any MFSAB can be any color except national school bus glossy yellow.
Each opening for a required emergency exit must be outlined around its outside perimeter with a minimum one inch (2.54 cm) wide retroreflective tape, including roof exits. The retroreflective tape must be on the exterior surface of the MFSAB. Required retroreflective tape can be located on the rear bumper or the rub rail, provided the space under the emergency exit door or emergency exit window is not adequate to accommodate the tape or provided rivets are present that prohibit the tape from being applied properly. (See 49 CFR 571.217.)
**History**
- *Source: Amended at 37 Ill. Reg. 6791, effective May 3, 2013*
##### **92 Ill. Adm. Code 435.APPENDIX** G Pedals Through Seat, Driver's {#sec-435.appendix omnilex-key=us-il-regs-official--title-92--435.APPENDIX}
a) PEDALS (ACCELERATOR, SERVICE BRAKE, CLUTCH, EMERGENCY/PARKING BRAKE)
Minimum 1½ inches (3.81 cm) clearance with pedal fully depressed. All pedals must be covered with rigid nonslip material.
Manufactured pedal extensions are allowed. They must be securely attached and covered with rigid nonslip material. Homemade pedal extensions are prohibited.
b) PROJECTIONS
1) Exterior
Entire rear and bumper area of MFSAB must be nonhitchable.
AGENCY NOTE: "Nonhitchable" is defined as the rear of the MFSAB being designed and maintained to prevent or discourage riding or grasping rear of MFSAB so as to "hitch" rides.
2) Interior
Interior shall be free of all dangerous projections.
Optional equipment (e.g., video camera) that is located in the bulkhead area of the MFSAB and not flush with the interior walls must meet the following requirements:
A) Must not interfere with occupants entering or exiting the MFSAB.
B) Must not be located in driver's head impact zone.
C) Must not obstruct required lettering.
Additional projections (e.g., external speakers, air conditioners, overhead storage racks) located within 59 inches (149.86 cm) from the floor shall be padded to prevent injury. This includes inner lining of ceiling and walls.
Flush mounted speakers are exempt from padding requirements.
c) RADIO SPEAKERS
Radio/stereo speakers cannot be located within four feet of the rearmost position of the driver's seat.
Exception: Two way radio speakers are exempt.
d) REFLECTORS
Two or more lamps or reflectors may be combined if the requirements for each lamp or reflector are met. (See 49 CFR 571.108-S6.3.)
1) Front
Two yellow or amber rigid or sheet type (tape) reflex reflectors shall be securely attached on the front of the body near the lower left and right hand corners. (See Section 12-202 of the Illinois Vehicle Equipment Law.)
These front reflectors shall be located between 15 and 60 inches (38.1 and 152.4 cm) above the roadway at either fender, cowl, or body and installed so as to mark the outer edge of the maximum width of the MFSAB. No part of the required reflecting material may be obscured by a lamp, mirror, bracket or any other portion of the MFSAB.
No part of the required reflecting material may be more than 11.8 inches (29.97 cm)( inboard of the outer edge of the nearest rub rail.
The reflector may be any shape (e.g., square, rectangle, circle, oval, etc.). A rigid type reflex reflector may be any size if permanently marked either DOT, SAE A, or SAE J 594; otherwise, it shall display at least seven square inches of reflecting material (about 3 inch diameter (7.62 cm) if a solid circle).
A sheet type (tape) reflex reflector may conform to the surface on which it is installed but its forward projected reflecting area shall be at least eight square inches.
Exception: MFSAB that measure less than 80 inches (203.2 cm) wide are exempt. (See 49 CFR 571.108.)
2) Left Side
One amber no more than 12 inches (30.48 cm) from the front and one red no more than 12 inches (30.48 cm) from the rear. Mounted at a height not less than 15 inches (38.1 cm) and not more than 60 inches (152.4 cm) above the surface of the road. (See Section 12-202 of the Illinois Vehicle Equipment Law.)
On MFSAB more than 30 feet long (914.4 cm), one amber reflector must also be provided at or near midpoint between front and rear side reflector. (See 49 CFR 571.108.)
All reflectors must measure at least three inches (7.62 cm) in diameter.
3) Right Side
One amber no more than 12 inches (30.48 cm) from the front and one red no more than 12 inches (30.48 cm) from the rear. Mounted at a height not less than 15 inches (38.1 cm) and not more than 60 inches (152.4 cm) above the surface of the road. (See Section 12-202 of the Illinois Vehicle Equipment Law.)
On MFSAB more than 30 feet long (914.4 cm), one amber reflector must also be provided at or near midpoint between front and rear side reflector. (See 49 CFR 571.108.)
All reflectors must measure at least three inches (7.62 cm) in diameter.
4) Rear
Two red reflectors on rear body within 12 inches (30.48 cm) of lower right and lower left corners. (See Section 12-202 of the Illinois Vehicle Equipment Law.) Minimum three inches (7.62 cm) in diameter.
Exception: MFSAB that measure less than 80 inches (203.2 cm) wide are exempt. (See 49 CFR 571.108.)
e) RUB RAILS
There shall be one rub rail, located approximately at seat level, that shall extend from the rear of the service entrance completely around the MFSAB body without interruption, except at functioning doors or a rear engine compartment, to a point of curvature near the front of the body on the left side.
There shall be one rub rail on each side, located approximately at the floor line, that shall extend over the same longitudinal distance as the rub rail located at the seat level.
More than two rub rails may be installed on sides and rear of the MFSAB.
Rub rails of longitudinally corrugated or ribbed steel at least 3.9 inches (9.91 cm) wide shall be fixed on the outside of the MFSAB.
Exceptions:
1) Rub rail need not extend across wheel housing.
2) Rub rail may terminate at the point of curvature at the right and left rear corners of the body.
f) SEAT BELTS
Each MFSAB shall be equipped with a retractable lap belt assembly for the driver's seat. (See Section 12-807 of the Illinois Vehicle Equipment Law.) A shoulder harness is optional. Belt material, buckle, tongue, etc., of each driver's belt shall remain above floor when not in use.
Passenger safety belts that meet 49 CFR 571.222 are required on any MFSAB that has a GVWR of 10,000 pounds or less. Passenger safety belts are optional on any MFSAB that has a GVWR of more than 10,000 pounds. However, optional safety belts installed on any MFSAB are required to meet 49 CFR 571.222. At all times, each seat belt shall be readily available for quick and easy use. Retractors must be the emergency locking type. Each belt assembly shall be clean.
g) SEAT, DRIVER'S
The driver's seat shall be rigidly positioned and have a forward and backward adjustment without the use of tools or other nonattached devices. Seat cushions shall be securely fastened to the seat frame.
Optional: MFSAB may be equipped with a durable safety belt webbing cutter with a full-width handgrip and a protected, replaceable, or non-corrodible blade. The webbing cutter must not be mounted on the dash but must be mounted in a location accessible to the seated driver in an easily detachable manner.
**History**
- *Source: Amended at 37 Ill. Reg. 6791, effective May 3, 2013*
##### **92 Ill. Adm. Code 435.APPENDIX** H Seats, Passenger Through Storage Compartment (optional) {#sec-435.appendix omnilex-key=us-il-regs-official--title-92--435.APPENDIX}
a) SEATS, PASSENGER
Each seat and each barrier are required to conform to FMVSS 222 (49 CFR 571.222).
All seats shall be forward facing and securely fastened to part or parts of MFSAB that support them. No MFSAB shall be equipped with jump seats or portable seats (does not include child restraint systems). Padding and covering shall be of fire resistant material. Backs of all seats of similar size shall be of the same width at top and the same height from floor and shall slant at the same angle with the floor. The top and side rails and seat backs shall be padded to cushion level. Seat padding and covering shall be in good condition (i.e., free from holes and tears). Seat cushions shall be securely fastened to the seat frame. (See 49 CFR 571.222.)
b) SHOCK ABSORBERS
Two front and two rear double-acting shock absorbers of adequate capacity shall be installed.
c) STEERING SYSTEM
The rim grip of the steering wheel shall have at least two inches (5.08 cm) clearance in all directions, except at the spokes.
The steering gear shall provide safe and accurate performance at maximum load and speed and shall be easily adjusted. Only changes approved by the chassis manufacturer shall be permitted.
d) STEPS, ENTRANCE
The bottom step in the entranceway shall not extend beyond the exterior of the body. With all seats empty, the bottom step shall be not less than 11.8 inches (29.97 cm) and not more than 15.7 inches (39.88 cm) from the roadway. At least two steps shall be provided. The steps shall be enclosed. Risers shall be approximately equal. Each step, including the floor at the top riser, shall be surfaced with a nonskid material with a 1.6 inches (4.06 cm) to 3.1 inches (7.87 cm) white nosing as an integral piece.
e) STOP SIGNAL ARM PANEL (not applicable)
MFSAB cannot be equipped with stop signal arm panels.
f) STORAGE COMPARTMENT (optional)
Covered, fire-resistant container securely fastened of adequate strength and capacity for tire chains and tools for minor emergency repairs.
**History**
- *Source: Amended at 37 Ill. Reg. 6791, effective May 3, 2013*
##### **92 Ill. Adm. Code 435.APPENDIX** I Sun Visor Through Undercoating {#sec-435.appendix omnilex-key=us-il-regs-official--title-92--435.APPENDIX}
a) SUN VISOR
Shall be interior, adjustable and not less than five inches by 16 inches. Must be installed above windshield.
Not required to be transparent, but must not interfere with view of interior rear view mirror.
b) SUSPENSION AND SPRINGS
Each spring and other component in any of the suspension systems shall be capable of supporting its share of the rated gross axle weight during normal operations.
c) TOW HOOKS (optional)
1) Front
A front tow hook must not extend beyond the front of the front bumper. Each front tow hook not fastened securely to the chassis frame shall be connected to the frame by suitable braces.
2) Rear
Any tow hooks installed on the rear shall be attached or braced to the chassis frame or to an equivalent structural member of an integral type bus. A tow hook must not extend beyond the rear face of the rear bumper.
d) TRASH CONTAINER (optional)
A trash container may be present. If present, it must be securely stored in the vehicle and must not obstruct an aisle.
e) UNDERCOATING
Fire resistant undercoating material applied to entire underside of body, front fenders, wheel wells, floor members, and side panels below floor level. Non-metallic parts need not be coated.
##### **92 Ill. Adm. Code 435.APPENDIX** J Ventilation Through Windshield Wipers {#sec-435.appendix omnilex-key=us-il-regs-official--title-92--435.APPENDIX}
a) VENTILATION
The body shall be equipped with a controlled ventilation system of sufficient capacity to maintain a satisfactory ratio of outside to inside air under cool and cold operating conditions without opening of windows. With a powered ventilation system, air outlet openings shall be located, sized, and manufactured so that, with doors and windows closed, a positive pressure is maintained in the driver and passenger spaces to lessen chances of dangerous gas entering those spaces. Fresh air inlets shall be located so as to minimize entrance of either dangerous engine gas or obnoxious engine fumes.
b) WARNING DEVICES
AGENCY NOTE: The bus purchaser may elect to install the warning devices after the bus is purchased.
1) Emergency warning devices are required to be carried on any second division motor vehicle weighing more than 8,000 pounds and operated upon any highway outside an urban district. The warning devices must be securely stored.
The warning devices required for use when lighted lamps are required (see Section 12-201(b) of the Illinois Vehicle Equipment Law) shall consist of:
A) At least three liquid-burning flares and three red-burning 15-minute fusees; or
B) Three red electric lanterns; or
C) Three portable red emergency reflectors that meet FMVSS No. 125.
2) In addition, the following warning devices are also required for use when lighted lamps are not required (see Section 12-201(b) of the Illinois Vehicle Equipment Law):
A) Two red cloth flags (not less than 12 inches square with standards to support flags); or
B) Two portable emergency reflectors that meet FMVSS No. 125. (The reflectors in subsection (b)(1)(C) qualify for this option.) (See Section 12-702(a) and (c) of the Illinois Vehicle Equipment Law.)
c) WHEELS
1) Housings
Each opening shall allow for unimpeded wheel and tire service and removal. Each rear wheel housing shall provide the clearance recommended in SAE J683 (August 1985) for installation and use of tire chains on the dual or single tires installed on the rear wheels.
2) Rim
Wheels and rims may be black, gray or manufacturer's option.
3) Tires
Must meet 49 CFR 571.120. A spare tire is the purchaser's option. If the spare tire is carried inside, it shall be securely mounted so that it in no way interferes with the passenger seating accommodations, the emergency door operations or aisle space.
Tires on same axle must be of same construction.
A mixture of regular and mud-and-snow treads must be the same on both sides of the axle.
When radial and conventional (i.e., bias) tires are both used, one of the following two requirements shall be met:
A) On vehicles with one single wheel axle and one or more dual wheel axles, radial tires shall be used on the steering (i.e., front) axle only.
B) On vehicles having two single wheel axles, radial tires shall be used on the rear axle only.
d) WINDOWS
1) All applicable provisions of 49 CFR 571.205 apply to the optional laminated safety glass and also to any plastic materials used in a multiple glazed unit.
Glazing shall be marked as follows pursuant to 49 CFR 571.205:
A) Windshield − "AS 1" Glass
B) Driver's Window − "AS 1" Glass or "AS 2" Glass
C) Driver's door − "AS 1" Glass or "AS 2" Glass
D) All other locations − "AS 1" Glass, "AS 2" Glass, or "AS 3" Glass.
2) Emergency (Also see EMERGENCY EXITS)
When the emergency door is located on the left side, a rear emergency window shall be provided. Minimum dimensions are 16 inches high and 48 inches wide. Designed to be opened from the inside or the outside. Hinged on top, designed and operated to insure against accidental closing in an emergency. Inside handle shall provide for quick release. Outside handle shall be nondetachable and nonhitchable. When locked or not fully latched, window shall actuate alarm audible and visible to driver. No cutoff switch allowed.
Optional emergency windows are allowed. They must be labeled "Emergency Exit" in letters at least two inches high, of a color that contrasts with its background, located at the top of or directly above the window on the inside surface of the bus.
Optional emergency windows must be equipped with an audible alarm activated when window is locked or not fully latched.
3) Rear
All rear glazing shall be the fixed type. No portion of any rear window shall display any lettering, numerals or symbols that may obstruct the driver's view.
4) Side
Each side window shall provide unobstructed emergency opening at least 9 inches high and 22 inches wide, obtained either by lowering window or by use of knock-out type split sash.
Window latches must be in proper working order.
5) Windshield
Shall be installed between front corner posts and must be unobstructed. Non-reflective tinted film may be used along the uppermost portion of the windshield but must not extend more than six inches down from the top of the windshield. (See Sections 12-501 and 12-503 of the Illinois Vehicle Equipment Law.) Windshield shall be slanted to reduce glare.
e) WINDSHIELD WASHER
Windshield washer shall effectively clean entire area covered by both wipers.
f) WINDSHIELD WIPERS
Wipers shall be either two speed or variable speed with nonglare arms and blades. Blades need not be individually powered.
#### **Part 436** Inspection Procedures for Multifunction School Activity Buses
##### **92 Ill. Adm. Code 436.10** Purpose, Scope and Implementation Date {#sec-436.10 omnilex-key=us-il-regs-official--title-92--436.10}
This Part prescribes the requirements of the Illinois Department of Transportation (Department) governing the inspection of multifunction school activity buses (MFSAB) that are manufactured on or after July 1, 2012. These standards are applicable to MFSAB that are owned or operated by, or for, public school districts, private schools, or school transportation contractors.
**History**
- *Source: Amended at 37 Ill. Reg. 6823, effective May 3, 2013*
##### **92 Ill. Adm. Code 436.20** Incorporation by Reference of Federal Regulations {#sec-436.20 omnilex-key=us-il-regs-official--title-92--436.20}
a) Each multifunction school activity bus must conform to the applicable provisions of the Federal Motor Vehicle Safety Standards (FMVSS) (49 CFR 571.1 through 571.404) as they apply to multi-function school activity buses. Those applicable provisions of the FMVSS are incorporated by reference as that part of the FMVSS was in effect on October 1, 2020. No later amendments to or editions of 49 CFR 571 are incorporated.
b) Each multifunction school activity bus must conform to the applicable provisions of 49 CFR 567, Certification, and 49 CFR 568, Vehicles Manufactured in Two or More Stages, that were in effect on the first day of the month in which the chassis manufacturer completed the last manufacturing operation on the incomplete bus. Those applicable provisions are incorporated by reference as they were in effect on October 1, 2011. No later amendments to or editions of 49 CFR 567 and 49 CFR 568 are incorporated.
c) Each multifunction school activity bus must conform to the applicable Standards and Recommended Practices of the Society of Automotive Engineers Handbook (Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale PA 15096-0001, 724/776-4841). Those applicable provisions of the SAE Standards and Recommended Practices are incorporated by reference as of the 2005 edition date. No later amendments to or editions of the SAE Standards and Recommended Practices are incorporated.
d) Copies of the materials incorporated by reference are available for inspection at 2300 S. Dirksen Parkway, Springfield, Illinois 62764 or by calling 217/785-1181. The federal standards are available on the National Archives and Records Administration's website at http://ecfr.gpoaccess.gov.
**History**
- *Source: Amended at 45 Ill. Reg. 4910, effective April 5, 2021*
##### **92 Ill. Adm. Code 436.30** Definitions {#sec-436.30 omnilex-key=us-il-regs-official--title-92--436.30}
"Body" means the portion of a bus that encloses the occupant and cargo spaces and separates those spaces from the chassis frame, engine compartment, driveline, and other chassis components, except certain chassis controls used by the driver.
"Body-on-Chassis" means a completed vehicle consisting of a passenger seating body mounted on a truck type chassis (or other separate chassis) so that the body and chassis are separate entities, although one may reinforce or brace the other.
"Bus" means every motor vehicle, other than a commuter van, designed for carrying more than ten persons. (Section 1-107 of the Code)
"Chassis" means every frame or supportive element of a vehicle whether or not a manufacturer's identification number, serial number, or other identifying numbers are present on said part. (Section 1-111.1b of the Code)
"Code" means the Illinois Vehicle Code [625 ILCS 5].
"Commercial Vehicle Safety Section" means a section of the Bureau of Safety Programs of the Division of Traffic Safety, Illinois Department of Transportation.
"Department" means the Department of Transportation of the State of Illinois, acting directly or through its duly authorized officers and agents. (Section 1-115.05 of the Code)
"Division" means the Illinois Department of Transportation, Division of Traffic Safety.
"Empty Weight" means the unloaded vehicle weight; i.e., the weight of a vehicle with maximum capacity of all fluids necessary for operation of the vehicle but without cargo or occupant.
"FMVSS" means the rules and standards set forth in 49 CFR 571 and known as the Federal Motor Vehicle Safety Standards.
"Gross Vehicle Weight Rating" or "GVWR" means the value specified by the manufacturer as the loaded weight of the school bus. (See Section 1-124.5 of the Code.)
"Illinois Vehicle Equipment Law" means 625 ILCS 5/12-101 through 12-902.
"Manufacturer" (unless otherwise indicated at the point of use) means the person or organization whose name follows "MANUFACTURED BY" or "MFD BY" on the federal certification label.
"Multifunction School Activity Bus" or "MFSAB" means a school bus manufactured for the purpose of transporting 11 or more persons, including the driver, whose purposes do not include transporting students to and from home or school bus stops. A MFSAB is prohibited from meeting the special requirements for school buses in Sections 12-801, 12-803, and 12-805 and subsection (a) of Section 12-802 of the Code. (Section 1-148.3a5 of the Code, as amended by PA 97-378, effective August 15, 2011)
"Passenger" means every occupant of the vehicle who is not the driver.
"Purchase Date" means the date when the purchase transaction was completed, not when the body or chassis was built.
"Seating Reference Point" means the unique design H-point, as defined in SAE J1100, that simulates the position of the pivot center of the human torso and thigh. Each school bus manufacturer utilizes different criteria to determine the specific seating reference point on passenger seats for vehicles they manufacture.
##### **92 Ill. Adm. Code 436.40** Inspection Procedures for Covid-19 Related Equipment {#sec-436.40 omnilex-key=us-il-regs-official--title-92--436.40}
Personal protective equipment and COVID-19 related signage may be installed on any vehicle covered by this Part. If installed, the equipment and signage shall be inspected according to this Section.
a) Hand Sanitizer Dispenser
PROCEDURES/SPECIFICATIONS:
Dispenser must be securely installed in the driver/entry area, either behind the handrail or just to the right of the driver on the vertical portion of the dash in a location where hand sanitizer cannot drip or leak onto the entryway or passenger walkway. The dispenser must not be mounted as to cause a catch point to passengers as they enter or exit the bus.
Dispenser must be labeled with the words "sanitizer" or "hand sanitizer".
REJECT VEHICLE IF:
Dispenser is not securely installed in the driver/entry area, either behind the handrail or just to the right of the driver on the vertical portion of the dash.
Dispenser is installed in a location where it drips or leaks onto the entryway or passenger walkway.
Dispenser is mounted in a way to cause a catch point to passengers as they enter or exit the bus.
Required label is missing.
b) Driver Protective Barrier
PROCEDURES/SPECIFICATIONS:
A driver protective barrier panel may be installed directly behind the driver. The panel must be mounted to the wall of the bus as flush as practicable. If installed, the passenger seat directly behind the driver must be rendered inoperative (this can be accomplished by removing the lower seat cushion) to comply with FMVSS 571.222. If the lower seat cushion is removed, all exposed seat frame must be padded in compliance with FMVSS 571.302. The panel shall be constructed of clear material compliant with FMVSS 571.302, such as polycarbonate. The end of the barrier panel exposed to the passenger compartment shall be secured to a padded stanchion extending from floor to the ceiling. The stanchion shall be attached to the roof bow or a reinforced panel in the ceiling and a solid connection point on the floor. The barrier panel shall be in compliance with FMVSS 571.302 and FMVSS 571.222.
REJECT VEHICLE IF:
The barrier is installed in a location other than directly behind the driver or not flush to the wall of the bus. The passenger seat directly behind the driver is operative with a barrier installed or the lower seat cushion has been removed with padding installed that is not in compliance with FMVSS 571.302. Barrier is not constructed, secured, or padded in compliance with FMVSS 571.222 and 571.302.
c) COVID-19 Related Lettering/Signage
PROCEDURES/SPECIFICATIONS:
Lettering/signage that relates to COVID-19 (e.g., assigned seating for students, social distancing, face coverings, guidelines adopted by the bus operator, etc.) may be installed on the interior of the bus. The lettering may be installed on the forward face of seat backs or seat cushions, ceiling, or bulkhead and shall not interfere with other required lettering.
REJECT VEHICLE IF:
Lettering or signage is installed on the exterior of the bus or in a place other than the forward face of seat backs or seat cushions, ceiling, or bulkhead.
Lettering or signage obstructs other required lettering.
**History**
- *Source: Added at 45 Ill. Reg. 4910, effective April 5, 2021*
##### **92 Ill. Adm. Code 436.APPENDIX** A Air Cleaner Through Barrier, Guard {#sec-436.appendix omnilex-key=us-il-regs-official--title-92--436.APPENDIX}
a) AIR CLEANER
PROCEDURES/SPECIFICATIONS:
Any type is acceptable.
REJECT VEHICLE IF:
Air cleaner is not properly attached or is missing.
b) AISLE
PROCEDURES/SPECIFICATIONS:
Unobstructed minimum clearance leading from service door to emergency door (or back of bus) must be at least 12 inches (305 mm) wide. Floor to ceiling height must be a minimum of 68.9 inches (1.75 m) at any location within the aisle.
REJECT VEHICLE IF:
Aisle does not meet minimum standards.
c) ALTERNATOR (GENERATOR)
PROCEDURES/SPECIFICATIONS:
The generator, or alternator with rectifier, shall have a minimum capacity rating of 60 amperes and shall be capable of meeting all electrical requirements.
REJECT VEHICLE IF:
Alternator does not meet minimum standards or is not functioning.
d) AXLES
PROCEDURES/SPECIFICATIONS:
Must meet federal chassis requirements as indicated on federal certification label. (See 49 CFR 568.)
REJECT VEHICLE IF:
Axles show visible signs of apparent damage, leaking fluids or are not firmly attached.
e) BARRIER, GUARD
PROCEDURES/SPECIFICATIONS:
A guard barrier, constructed and thickly padded so as to provide head, knee and leg protection, shall be installed in front of each forward facing passenger seat that does not directly face the rear surface of another passenger seat. The barrier must measure the same height as the passenger seat back directly behind that barrier. (See 49 CFR 571.222.)
REJECT VEHICLE IF:
Barrier is not solidly attached. Padding or covering is missing or shows wear and tear. Barrier does not meet requirements.
##### **92 Ill. Adm. Code 436.APPENDIX** B Battery or Batteries Through Bumper, Front {#sec-436.appendix omnilex-key=us-il-regs-official--title-92--436.APPENDIX}
a) BATTERY OR BATTERIES
PROCEDURES/SPECIFICATIONS:
A minimum of one battery must be installed. Two or more suitably connected batteries may also be installed.
When rated in conformance with SAE Standard J537 (September 2000) the batteries shall provide a current flow for engine cranking no less than the engine manufacturer's recommended Cold Cranking Current (amperes for 30 seconds) at -18o C (0o F) or, at the purchaser's option, at -29o C (-20o F).
When rated in conformance with SAE Standard J537 (September 2000) the batteries shall provide a Reserve Capacity (duration of 25 ampere current flow) at 27o C (80o F) no less than 135 minutes.
Battery or batteries may be mounted either in the engine area or outside of the passenger/driver area in a separate battery compartment.
REJECT VEHICLE IF:
Battery or batteries are: not securely mounted; excessively corroded; of insufficient capacity.
b) BATTERY CABLES
PROCEDURES/SPECIFICATIONS:
Check condition.
REJECT VEHICLE IF:
Cables are corroded or are not securely attached.
c) BATTERY COMPARTMENT (optional)
PROCEDURES/SPECIFICATIONS:
When the battery is mounted outside the engine compartment, it shall be welded or bolted in a closed, weather-tight, and vented compartment that is located and arranged so as to provide for convenient routine servicing. The battery compartment door, or cover, shall be secured by a manually operated latch or other fastener. A latch or fastener must be designed in such a fashion as to keep the door closed when in the latched position. Each electrical cable connecting the battery in this carrier to the body or chassis shall be one piece between the terminal connector and the first body or chassis terminal connector.
REJECT VEHICLE IF:
If present, battery compartment does not meet requirements.
d) BRAKES
PROCEDURES/SPECIFICATIONS:
Every motor vehicle shall be equipped with two separate means of applying the brakes and they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes. (See Section 12-301(a) of the Illinois Vehicle Equipment Law.)
REJECT VEHICLE IF:
Brakes do not meet requirements.
1) Backing Plate
PROCEDURES/SPECIFICATIONS:
Check condition.
REJECT VEHICLE IF:
Backing plate is in poor condition.
2) Drums/Discs
PROCEDURES/SPECIFICATIONS:
Inspect drums and/or discs for cracks or for being worn or reworked beyond the manufacturer's minimum limits.
REJECT VEHICLE IF:
Worn or reworked beyond the manufacturer's minimum limits.
3) Emergency/Parking Brake
PROCEDURES/SPECIFICATIONS:
Emergency/parking brake system must apply brakes to at least two wheels. (See Section 12-301(a) of the Illinois Vehicle Equipment Law.)
AGENCY NOTE: Micro brakes are not considered a separate means of braking and are not acceptable.
Procedures for testing:
A) Apply operating control fully.
B) Check actuating mechanism for release.
Brake Performance Test:
Using Drive-On Pad Type Tester:
i) Drive vehicle onto brake machine pads at 4-8 m.p.h.
ii) Apply emergency/parking brakes to bring vehicle to a halt. Do not lock wheels.
iii) Note the braking forces registered by the brake machine.
Using Roll-On Type Tester:
i) Position axle with emergency brake onto roller.
ii) Apply emergency brake but do not lock wheels.
REJECT VEHICLE IF:
Emergency/parking brake does not meet requirements.
A) Not equipped with emergency/parking brakes. Operating mechanism does not hold in the applied position.
B) Actuating mechanism does not fully release when release control is operated properly.
Brake Performance Test:
Drive-On Tester:
Machine does not register a total braking force of at least 20% of vehicle empty weight. Braking forces at opposite wheels on same axle vary more than 20%.
Roll-On Tester:
Machine does not register a total braking force of at least 20% of vehicle empty weight. Braking forces at opposite wheels on same axle vary more than 20%.
4) Emergency Brake Ratchet (Pedal or Lever)
PROCEDURES/SPECIFICATIONS:
Must be in proper adjustment. If vehicle was manufactured with a warning light, it must be visible when emergency brake is activated.
REJECT VEHICLE IF:
Emergency brake ratchet or warning light does not meet requirements.
5) Pedal Clearance (Service Brakes)
(See PEDALS at Appendix H.)
6) Power Systems
A) Air
i) Air Pressure
PROCEDURES/SPECIFICATIONS:
With air system fully charged (compressor governor "cut-out") run engine at low idle. Make one full (maximum) brake application and immediately record reservoir air pressure.
Apply and release brakes until pressure indicated on the air gauge is at least 10 psi (i.e., pounds per square inch) below governor "cut-in" pressure. Run engine at high idle and determine seconds required to raise reservoir pressure from recorded pressure.
REJECT VEHICLE IF:
Time required to raise air pressure from recorded to cut-out is more than 30 seconds. Air gauge is missing or does not operate.
ii) Low Pressure Warning Device
PROCEDURES/SPECIFICATIONS:
Complete the following steps to evaluate low pressure warning device.
1) Before starting the engine, apply brakes and release until low air pressure warning device functions.
2) Start the engine.
3) Apply service brakes and release until air compressor is activated.
4) Continue to run engine until compressor cut-out pressure is reached.
5) Record compressor cut-out pressure.
6) Shut engine off.
Determine if low pressure warning device is missing or inoperative.
If located in the driver's forward field of view, the warning device can be a visual device only. If not located in the driver's front view, the device must be both audible and visible.
Record the reading found on the pressure gauge at which the low pressure warning device functions.
REJECT VEHICLE IF:
Missing or inoperative low pressure warning device. Device does not meet requirements.
Low pressure warning device does not operate at 55 psi or one half cut-out pressure, whichever is less.
B) Electric/Hydraulic
PROCEDURES/SPECIFICATIONS:
Turn key to "off" position. Depress service brake pedal. Electric hydraulic pump must come "on" (listen).
REJECT VEHICLE IF:
Electric pump does not operate properly or is absent.
C) Hydraulic
PROCEDURES/SPECIFICATIONS:
Inspect booster belts, supports, tubes, hoses, connections and general condition. Clean reservoir and cover as necessary and check master cylinder fluid level. Do not contaminate fluid.
Turn key to "on" position. Warning signal must come on (look/listen). Depress brake pedal lightly. Start engine. Pedal must move down slightly (feel). Warning signal must go "off" (look/listen).
REJECT VEHICLE IF:
Belt is slack or worn; tube or hose is damaged; any part leaks or is cracked; master cylinder fluid is below manufacturer's recommended capacity.
Either booster or warning signal does not operate properly.
D) Vacuum/Hydraulic
PROCEDURES/SPECIFICATIONS:
Inspect tanks, chambers, hoses, tubes, connectors, clamps, and booster air cleaner.
Inspect supports and attachments.
With engine off, repeatedly apply service brakes until vacuum is depleted, with medium pressure on brake pedal, and start engine; release brake and operate engine until maximum vacuum is established; stop engine; apply service brakes hard.
With brakes still applied, start engine; after one minute of running engine, check "Low Vacuum" indicator.
REJECT VEHICLE IF:
Any component is restricted, collapsed, scraped, cracked, loose, or broken. Booster air cleaner is clogged.
Any support or attachment is broken. Any connecting line or other component is not attached or supported so as to prevent damage from scraping or rubbing.
Foot pedal does not fall away from foot when engine is started; insufficient vacuum reserve to permit one full service brake application after engine is off without actuating "low vacuum" indicator; valve or diaphragm leaking.
7) Service Brakes
PROCEDURES/SPECIFICATIONS:
Must be equipped with service brakes on all wheels. (See Section 12-301(a)(5) of the Illinois Vehicle Equipment Law.)
Must be equipped with a "split system" on service brakes. (See 49 CFR 571.105.)
Power-assisted service brakes are required. (See 49 CFR 571.105.)
If the bus is equipped with an anti-lock braking system (ABS), verify the ABS warning light is not illuminated and has not been made inoperable.
REJECT VEHICLE IF:
Service brakes do not meet requirements. ABS warning light is illuminated or has been made inoperable.
Brake Performance Test:
PROCEDURES/SPECIFICATIONS:
Using Drive-On Pad Type Brake Tester:
Check vehicle's stopping ability before testing.
Drive vehicle onto brake machine pads at 4-8 m.p.h.
Apply service brakes to bring vehicle to a halt. Do not lock wheels.
Note the braking forces registered by the brake machine.
Using Roll-On Type Tester:
Each axle must be tested separately. Transmission must be in neutral when testing brakes on any drive axle.
Drive front axle onto rollers. Start roller motor. Apply service brakes but do not lock wheels.
Repeat the above steps for each axle.
The total braking force on a vehicle must be determined by adding the results of the test on each axle.
REJECT VEHICLE IF:
Drive-On Tester:
Machine does not register a total braking force of at least 60% of the vehicle empty weight.
Computerized tester does not register a total braking force of at least 45% of the vehicle empty weight.
Roll-On Tester:
Machine does not register a total braking force of at least 60% of the vehicle empty weight. Braking forces at opposite wheels on same axle vary more than 20%.
e) BUMPER, FRONT
PROCEDURES/SPECIFICATIONS:
Manufacturer's standard for vehicle or an equivalent bumper that meets or exceeds manufacturer's standards. Black color is not required.
The entire front bumper must be of metal construction unless an energy absorbing bumper is used.
Bumper must be solidly attached and free from damage or sharp edges.
REJECT VEHICLE IF:
Front bumper does not meet requirements. Bumper is not solidly attached. Sharp edges are present.
##### **92 Ill. Adm. Code 436.APPENDIX** C Bumper, Rear Through Drive Shaft Guard {#sec-436.appendix omnilex-key=us-il-regs-official--title-92--436.APPENDIX}
a) BUMPER, REAR
PROCEDURES/SPECIFICATIONS:
The rear bumper shall be channel-type cross section with the top edge at least 8.86 inches (22.5 cm) above the bottom edge. The bumper shall be formed from rolled steel at least .18 inch (.455 cm) thick, and shall wrap around the rear corners of the body to a point at least 11.8 inches (29.97 cm) forward of the rearmost point of the body at floor line. The rear bumper shall be attached to the chassis frame with provisions for removal by means of commonly available hand tools and the prevention of hitching to or riding on. The rear bumper shall be of sufficient strength to permit the MFSAB being pushed by another vehicle without permanent distortion.
REJECT VEHICLE IF:
Rear bumper does not meet requirements. Bumper is not solidly attached. Sharp edges are present. Rear bumper is hitchable.
b) CERTIFICATION LABEL (FEDERAL)
PROCEDURES/SPECIFICATIONS:
The manufacturer's label must contain the following information:
1) Name of vehicle (MFSAB) manufacturer and the month and year in which manufacture of the vehicle was completed;
2) Name of incomplete vehicle (chassis) manufacturer and the month and year in which it performed the last manufacturing operation on the incomplete vehicle;
3) Gross vehicle weight rating or ratings (GVWR);
4) Gross axle weight ratings (GAWR);
5) The statement, "This vehicle conforms to all applicable federal motor vehicle safety standards in effect in (month/year)";
6) The vehicle identification number (VIN);
7) The vehicle's classification (MFSAB). (See 49 CFR 567.5.)
The certification label may be supplemented by an alterer's certification. A certified vehicle might have been altered before its purchase for use as an MFSAB. The alterations may have included, but are not limited to, classification changes, gross weight rating changes, or changes to the application/effective date of an FMVSS. If any such alteration occurred, the MFSAB must carry an additional federal label that identifies the alterer, shows when alteration was completed, "as altered" GVWR, GAWR and classification (if changed). It must also state that the altered vehicle conforms to all applicable FMVSS in effect in (month/year). (See 49 CFR 567.7.)
REJECT VEHICLE IF:
A required label is absent, defaced, destroyed, not riveted, or not permanently affixed. "Permanently affixed" means the label cannot be removed without destroying or defacing it.
A certification label does not contain the required statement and all other information required for that label.
c) CHILD CHECK SYSTEM
If a mechanical or electronic child check system is installed, the system shall require that, when the driver turns off the vehicle's ignition system, the vehicle's interior lights must illuminate to assist the driver. (See Section 12-816 of the Illinois Vehicle Equipment Law.)
AGENCY NOTE: A manual child check system may be utilized by the MFSAB owner.
REJECT VEHICLE IF:
A mechanical or electronic child check system is installed but the interior lights are not illuminated when the ignition is turned off or to the "accessories" position.
d) COMMUNICATION DEVICE
PROCEDURES/SPECIFICATIONS:
An MFSAB must contain either a cellular radio telecommunication device (i.e., cell phone) or an operating two-way radio while the MFSAB driver is in possession of the MFSAB.
Verify either a cell phone or a two-way radio is operating and can be turned on.
Exception: If neither a cell phone nor a two-way radio is present on the MFSAB at the time of inspection, documentation on district or company letterhead must be present indicating the communication device requirement is being met by the use of a cell phone that is not present at the time of inspection.
REJECT VEHICLE IF:
The two-way radio or cell phone does not operate; or
Two-way radio or cell phone is not present and no documentation is provided indicating the communication device requirement is being met by the use of a cell phone.
e) CROSSING CONTROL ARM
PROCEDURES/SPECIFICATIONS:
The crossing arm must meet the following:
1) Must be wired to the opening and closing of the service entrance door.
2) Must be capable of full operation between, and including, the temperatures -40° F and 160° F.
3) The arm, when activated, must extend a minimum of five feet from the front face of the bumper.
4) The arm must be mounted on the far right side (entry side) of the front bumper.
5) Appropriate brackets shall be used to attach the arm to the front bumper for proper operation and storage. The arm must stay at the same level as the front bumper and must not "dip" below the front bumper.
6) All component parts must meet or exceed any applicable federal motor vehicle safety standards in effect at the time of manufacture.
7) The arm must extend at the same time the service door opens. An independent "on/off" switch is prohibited.
8) If the driver can stop the arm from extending with the use of an optional override switch, the arm sequence must automatically reset once the service door is closed.
9) Red lights and/or red reflectors are prohibited.
REJECT VEHICLE IF:
Crossing control arm does not meet requirements.
f) DASH
PROCEDURES/SPECIFICATIONS:
The dash area below the windshield must be free of all obstructions. This includes, but is not limited to, two-way radios, GPS systems, pencil holders, decorations, or any other obstacle that may obstruct a driver's field of view.
REJECT VEHICLE IF:
Any obstruction is on the dash below the MFSAB windshield.
g) DEFROSTERS
PROCEDURES/SPECIFICATIONS:
Using heat from heaters and circulation from fans, defrosting equipment shall keep the windshield, the windows to the left of the operator, and the glass in the service door clear of fog, frost, and snow. Must conform to federal standard 49 CFR 571.103.
(Auxiliary fans are not considered to be a defrosting and defogging system.)
REJECT VEHICLE IF:
Defrosting system does not function properly.
Auxiliary fans are not securely mounted or blades are not protected.
h) DRIVE SHAFT GUARD
PROCEDURES/SPECIFICATIONS:
Shall be of sufficient strength to protect each segment of the drive shaft and prevent it from going through the floor or dropping to the ground if broken.
REJECT VEHICLE IF:
Drive shaft guard is missing, not firmly attached, or does not properly protect each segment of the drive shaft.
**History**
- *Source: Amended at 37 Ill. Reg. 6823, effective May 3, 2013*
##### **92 Ill. Adm. Code 436.APPENDIX** D Electrical System Wiring Through Fenders {#sec-436.appendix omnilex-key=us-il-regs-official--title-92--436.APPENDIX}
a) ELECTRICAL SYSTEM WIRING
1) Circuits
PROCEDURES/SPECIFICATIONS:
Circuits arranged to manufacturer's specifications are acceptable. Circuits may be added as necessary.
MFSABs must be equipped with a noise suppression switch that is capable of turning off noise producing accessories including, but not limited to, heater blowers, defroster fans, auxiliary fans and radios.
REJECT VEHICLE IF:
Breaks in insulation are present. Not on proper circuit or properly wired.
Noise suppression switch is missing or does not function.
2) Fuses
PROCEDURES/SPECIFICATIONS:
For buses equipped with electrical systems that utilize fuses, two extra fuses for each size fuse used on the bus shall be conveniently mounted for easy access on the bus body.
REJECT VEHICLE IF:
If required, fuses are not present or are not conveniently mounted for easy access.
3) Switches
PROCEDURES/SPECIFICATIONS:
Check operation and condition.
REJECT VEHICLE IF:
Switches are not operating properly or are missing.
4) Wiring
PROCEDURES/SPECIFICATIONS:
All wires shall be properly insulated and securely attached at not more than 18.1 inches (460 mm) intervals. Check condition.
REJECT VEHICLE IF:
Insulation is frayed or missing. Wiring not securely attached.
b) EMERGENCY EXITS
PROCEDURES/SPECIFICATIONS:
All buses must be equipped with either a rear emergency door or a left side emergency door and a rear emergency window. (See 49 CFR 571.217.)
All emergency exits shall be outlined around the perimeter of the exit with a minimum one inch wide retroreflective tape or decal. The retroreflective tape or decal shall be placed on the exterior surface of the MFSAB. (See 49 CFR 571.217.)
Exceptions: Retroreflective tape can be located on the rear bumper provided the space under the emergency exit door is not adequate to accommodate the tape or provided rivets are present that prohibit the tape from being applied properly.
Optional emergency roof hatches are allowed. They must be installed according to manufacturer's specifications.
Open and close roof hatches (required or optional) to verify their operation.
REJECT VEHICLE IF:
Emergency exits do not meet requirements. Roof hatches do not open.
1) Side
PROCEDURES/SPECIFICATIONS:
Inside release mechanism must be protected against accidental release; easily accessible; and readily operated manually without the use of remote control, power device, or tool.
Shall be hinged on front side and open outward. Shall be equipped with safety glass (or equivalent). Glass shall be located in upper portion of the door. Door shall be of at least the same gauge metal as the body. Shall be 24 inches or more clear horizontal opening, with forward edge of opening in line with the rearmost edge of a seat back. Shall have 45 inches or more clear vertical opening. Door and rubber seal must not be defective. (See Alarms and Locks in subsection (b)(4) for requirements.)
There must be at least 11.7 inches (30 cm) measured from the door opening to the seat back in front. If there is no flip-up seat present, a guard barrier must be installed in front of the seat to the rear of the door. (See 49 CFR 571.217.)
REJECT VEHICLE IF:
Release mechanism is not protected, accessible, or operable (inside and outside); unable to open easily; hinge is located at incorrect location; location and size of opening is incorrect. General condition of door and/or rubber seal is defective.
2) Rear
PROCEDURES/SPECIFICATIONS:
Inside release mechanism must be protected against accidental release; easily accessible; readily operated manually without use of remote control, power device or tool.
Shall have permanently attached inside and outside release handles. Outside release handle must be non-hitchable.
Rear exit shall hinge on right; open outwards; have a 24 inch or more clear horizontal opening and 45 inch or more clear vertical opening above floor. Glazing shall be installed in upper and lower portions. Door and rubber seal must not be defective. (See Alarms and Locks in subsection (b)(4) for requirements.)
REJECT VEHICLE IF:
Inside release mechanism is not protected. Inside and outside release mechanisms are not accessible or do not operate properly. Outside release mechanism is hitchable. Door does not open easily. Location of hinge is incorrect. Size of opening is incorrect. Glazing does not meet requirements. General condition of door and/or rubber seal is defective.
3) Window
PROCEDURES/SPECIFICATIONS:
When the emergency door is located on the left side, a rear emergency window shall be provided. Minimum 16 inches high and 48 inches wide. Designed to be opened from the inside or the outside. Hinged on top, designed and operated to insure against accidental closing in an emergency. Inside handle shall provide for quick release. Outside handle shall be nondetachable and nonhitchable. (See Alarms and Locks in subsection (b)(4) for requirements.)
Optional emergency windows are allowed. They must be labeled "Emergency Exit" in letters at least two inches high, of a color that contrasts with its background, located at the top of or directly above the window on the inside surface of the bus.
REJECT VEHICLE IF:
If equipped, operating mechanisms do not function. Glass is cracked or broken.
4) Alarms and Locks
PROCEDURES/SPECIFICATIONS:
Both audible and visible alarms shall alert the driver when engine is running and any emergency exit door either:
A) Is not fully latched, or
B) Is locked.
An audible alarm shall alert the driver when engine is running and any emergency exit window either:
A) Is not fully latched, or
B) Is locked.
The engine starting system shall not operate while any emergency exit door or window (optional or required) is locked (i.e., release mechanism that requires a key or combination, a "hasp lock" or a sliding latch) from either inside or outside the bus.
Alarm cut-off or "squelch" control is prohibited.
On a van conversion, any rear cargo door inside locks of the type installed by the chassis manufacturer (such as commonly used in cars − "push/pull" type) shall be made inoperable. The mechanism cannot, through jarring, vibration, etc., cause the door to become locked and be inoperable from the inside or outside.
Exception: No alarm is required for roof hatches.
REJECT VEHICLE IF:
Alarms do not alert driver as required. Locks do not meet requirements.
c) ENTRANCE DOOR
1) Physical Requirements
PROCEDURES/SPECIFICATIONS:
The service entrance shall have a minimum vertical opening of 1.7 m (67") and a minimum horizontal opening of 610 mm (24").
Door shall be located to right of operator and operated by an over-center control. Upper portions of door shall be safety glass or equivalent. Vertical closing edges shall be equipped with flexible material for a proper seal and to prevent injury.
Each door on the right side of the vehicle, hinged or sliding, except the service door shall be made permanently inoperable by means other than the rub rail on the outside of the body.
The service door shall be either manually or power operated by the seated driver. When in the closed and secured position, the door operating mechanism shall prevent accidental opening but shall afford prompt release and opening by the driver. No exposed parts of a door operating mechanism shall come together so as to shear or crush fingers. The vertical closing edges of a service door shall be padded to lessen chance of injury.
A power operated door shall be equipped for emergency manual operation in case of power failure. Instructions for emergency operation of a power operated door shall be affixed permanently on the interior of the door in letters at least 12 mm (.5") high.
REJECT VEHICLE IF:
Binding or jamming is evident, malfunctions, over-ride device on power operated door does not function, control not accessible by driver.
Door is missing, loose, or damaged. Rubber seal is missing or torn.
2) Locks and Alarms
PROCEDURES/SPECIFICATIONS:
A service door lock is not required, but if any type of service door locking system is installed on the bus, the system shall conform to at least one of the following:
A) The locking system shall not be capable of preventing the driver from easily and quickly opening the service door from inside the vehicle; or
B) A locking system that is capable of preventing the bus driver from easily and quickly opening the service door shall include an audiovisual alarm. The alarm shall be audible and visible and must alert the driver when the engine is running and the service door is locked. An alarm disconnect, "squelch control", or other alarm defeating or weakening device shall be prohibited; or
C) A locking system shall not be capable of preventing the bus driver from easily and quickly opening the service door except when a person outside the bus uses a key that is not capable of locking more than one of at least 1000 of the door manufacturer's key locking systems.
REJECT VEHICLE IF:
Locks and alarms do not meet requirements. Bent, worn or dislocated parts that would delay quick door release and opening are present.
d) EXHAUST SYSTEM
PROCEDURES/SPECIFICATIONS:
1) General
"Exhaust system" includes each component used to conduct gas from an engine exhaust port (manifold) to an authorized exit point, including each sealing, connecting, and supporting component. Exhaust system shall be outside body and attached to chassis. Size of tail pipe shall not be reduced after it leaves muffler. Any flexible component that contains exhaust gas shall be of stainless steel. System shall not leak. System shall have an outlet at its discharge ends only.
Exhaust system shall be shielded from either accidental contact, "hitching to", or "standing on", except that no shielding is required at the discharge end. A chassis or body component may provide required shield.
AGENCY NOTE: As mandated by the United States Environmental Protection Agency (USEPA), diesel-powered engines manufactured after December 31, 2006 are required to meet stricter standards that will reduce emissions of particulate matter and nitrogen oxides into the atmosphere. School bus manufacturers may be required to modify exhaust systems to meet the USEPA requirements, e.g., mufflers may be replaced with after-treatment devices that significantly reduce toxins released into the atmosphere. Modifications to exhaust systems made in compliance with the USEPA requirements are acceptable, provided they do not impact the safe operation of the school bus.
REJECT VEHICLE IF:
All parts of system are not securely fastened and supported.
Any part of system is leaking or missing.
Any part of system contains holes not made by manufacturer.
Exhaust system does not meet requirements.
2) Discharge
PROCEDURES/SPECIFICATIONS:
The exhaust pipe, muffler and tail pipe shall be outside the bus body and attached to the chassis.
The exhaust system shall be insulated from any insulated wire, flammable material, brake hose or line, or fuel system component by a securely attached metal shield at any point where the exhaust system is 11.8 inches (300 mm) or less (four inches (101.6 mm) or less if diesel powered engine) from the components listed in this subsection (d)(2).
The shielding of engine compartment components shall be governed by the chassis manufacturer's standards.
The tail pipe may meet the chassis manufacturer's standard configuration. However, the tail pipe shall not exit beneath any fuel filler location or beneath any emergency exit door.
The tail pipe shall extend out to, but not more than, 1 inch beyond the perimeter of the body, the bumper or the rub rail.
Each gas conducting component that is not of stainless steel shall be of commercial heat and corrosion resistant exhaust system material and shall be nonflexible.
REJECT VEHICLE IF:
Exhaust discharge system does not meet requirements.
Exhaust discharge location is "hitchable".
Exhaust fumes are released towards a door or other opening into bus body.
e) FENDERS
PROCEDURES/SPECIFICATIONS:
Shall be properly braced and free from any body attachment.
There shall be approximately one inch located between front fenders and back face to cowl.
REJECT VEHICLE IF:
Fenders are not solid or in bad condition.
Sharp edges are evident.
Fenders are loose or protrude out.
##### **92 Ill. Adm. Code 436.APPENDIX** E Filter, Oil Through Frame and Body {#sec-436.appendix omnilex-key=us-il-regs-official--title-92--436.APPENDIX}
a) FILTER, OIL
PROCEDURES/SPECIFICATIONS:
A "full flow" replaceable element or cartridge type engine oil filter of approximately 1 liter (1 quart) capacity shall be installed. The purchaser may specify additional "full flow" or "by-pass" type filters, or oil treatment devices.
REJECT VEHICLE IF:
Oil filter leaks or does not meet requirements.
b) FIRE EXTINGUISHER
PROCEDURES/SPECIFICATIONS:
Pressurized dry-chemical gauge type approved by Underwriters' Laboratories, Inc., with a rating of not less than 10 B.C., mounted in bracket and readily accessible. Sealed with a type of seal that will not interfere with operation. If stored in locked compartment, compartment must be labeled. Halon fire extinguishers (10 B.C.) are approved.
REJECT VEHICLE IF:
Gauge does not indicate in the calibrated or marked "Full Charge" area. Seal is broken. Extinguisher is not mounted, not in a quick release holder or not labeled in compartment, if applicable. Improper rating. Missing.
c) FIRST AID KIT
PROCEDURES/SPECIFICATIONS:
Kit shall be readily identifiable, removable, and mounted in a readily accessible place in driver's compartment − either in full view or in secured compartment (see LOCKED COMPARTMENT). If not carried in compartment, the case shall be dust tight and substantially constructed of durable material. The contents shall include, but not be limited to, the following:
Unit Type (Minimum Contents)
4" bandage compress − 2 packages
2" bandage compress − 2 packages
1" bandage or adhesive compress − 1 package
40" triangle bandage with two safety pins − 1
Splint, wire or wood − 1
A tourniquet or any type of ointment, antiseptic or other medicine shall not be included.
AGENCY NOTE: OSHA approved blood-borne pathogen kits are permitted.
REJECT VEHICLE IF:
Kit is not complete or is missing. Dust or other visible dirt is present inside case. Minimum number of individual packages or boxes are not sealed. Medicine or tourniquet is present. Locked compartment containing kit is not labeled. Not mounted in readily accessible location.
d) FLOOR AND FLOOR COVERING
PROCEDURE/SPECIFICATIONS:
All portions of the floor that come in contact with passengers' or driver's footwear shall be covered with a waterproof material. This floor covering shall not crack when subjected to sudden temperature change and shall be bonded securely to the floor with a waterproof substance. All seams and openings shall be filled with a waterproof sealer.
The floor covering in the aisles and entrance area shall be of non-skid, wear-resistant type material commonly used in commercial passenger transportation vehicles.
REJECT VEHICLE IF:
Abnormal wear and obstructions are present. Holes or openings are present in floors, floor covering, interior engine cover, or boots. Metal floor stripping is not securely attached or is broken. Interior engine cover is not fastened securely. Floor or floor covering does not meet requirements.
e) FRAME AND BODY
PROCEDURES/SPECIFICATIONS:
Visually inspect:
1) Body mounts shall be attached and sealed to the chassis cowl so as to prevent the entry of water, dust or fumes through the joint between the chassis cowl and the body.
2) Cross members and mounting bolts.
3) Engine mounting bolts.
4) Frame shall extend to rear of body cross member.
5) Frame extension is permitted when alterations are behind rear hanger or rear springs and not for the purpose of extending wheel base.
6) Collision damage detrimental to the safe operation of the vehicle.
REJECT VEHICLE IF:
1) Cracked, loose, missing bolts. Any repair done by welding body to frame, insulation strip missing.
2) Loose, cracked, broken or missing.
3) Missing, loose.
4) Cracked, broken, bent, rusted to a depth as to substantially weaken frame, welding except by body manufacturer.
5) Unless permitted, frame extends past wheel base.
6) Collision damage is detrimental to the safe operation of the vehicle.
##### **92 Ill. Adm. Code 436.APPENDIX** F Fuel Storage and Delivery System Through Horn {#sec-436.appendix omnilex-key=us-il-regs-official--title-92--436.APPENDIX}
a) FUEL STORAGE AND DELIVERY SYSTEM
PROCEDURES/SPECIFICATIONS:
Entire fuel system, except extensions for driver control of air or fuel, must be outside passenger and driver compartment.
REJECT VEHICLE IF:
Any part of fuel system, except extensions for driver control of air or fuel, is within passenger/driver compartment.
1) Fuel Filler Cap
PROCEDURES/SPECIFICATIONS:
Meets manufacturer's specifications. Must be the same as or equivalent to original equipment.
REJECT VEHICLE IF:
Fuel filler cap is defective or missing.
2) Fuel Lines
PROCEDURES/SPECIFICATIONS:
Firmly attached. No leakage, seepage, abrasion, or chafing. Inside engine compartment, the chassis manufacturer's standard shall govern separation and shielding between parts designed by chassis manufacturer.
REJECT VEHICLE IF:
Fuel lines are cracked, leaking, insecure mounting, damaged, clamps missing, mount clips missing or not separated.
3) Fuel Filler Tube
PROCEDURES/SPECIFICATIONS:
Check condition.
REJECT VEHICLE IF:
Fuel filler tube leaks or is not secure.
4) Fuel Pump
PROCEDURES/SPECIFICATIONS:
Check condition.
REJECT VEHICLE IF:
Fuel pump leaks, is damaged or is not secure.
5) Fuel Tanks
PROCEDURES/SPECIFICATIONS:
Minimum capacity of 24 gallons, mounted, filled, and vented entirely outside body. Must meet manufacturer's specifications (49 CFR 571.301).
REJECT VEHICLE IF:
Fuel tanks have leakage, seepage, or abrasion; hole or crack that would leak or seep when tank is full.
6) Fuel Tank Mounts
PROCEDURES/SPECIFICATIONS:
Check condition.
REJECT VEHICLE IF:
Fuel tank mounts are cracked or loose or bolts are missing.
7) Fuel Tank Straps
PROCEDURES/SPECIFICATIONS:
Check condition.
REJECT VEHICLE IF:
Fuel tank straps are cracked, loose, or missing.
b) GRAB HANDLES
1) Exterior
Not required.
2) Interior
PROCEDURES/SPECIFICATIONS:
Stainless steel clad solidly attached on the left side of the entranceway as a person enters the bus and as long as practicable. An optional grab handle can also be located on the right side of the entranceway.
Draw a ½ inch hexagon nut attached to a string through the junction where the grab handle attaches to the lower step well.
REJECT VEHICLE IF:
Interior grab handles are missing or are not solidly attached.
Nut becomes lodged on the grab handle. (Retrofit kit is required.)
c) HEATERS
PROCEDURES/SPECIFICATIONS:
Nameplate must identify manufacturer and heater rating capacity. Must be capable of maintaining inside temperature of 50°. The heater hoses shall be supported to guard against excessive wear due to vibration and shall not interfere with or restrict the operation of any engine function. Any hose in the passenger compartment shall be protected to prevent injury from burns in the event of rupture. If heater is not protected by a seat, it must be padded.
Auxiliary fuel-fired heating systems are permitted, provided they comply with the following:
1) The auxiliary heating system fuel shall utilize the same type of fuel as specified for the vehicle engine;
2) The heater or heaters may be direct hot air or connected to the engine's coolant system;
3) An auxiliary heating system, when connected to the engine's coolant system, may be used to preheat the engine coolant or preheat and add supplementary heat to the bus' heating system;
4) Auxiliary heating systems must be installed pursuant to the manufacturer's recommendations and shall not direct exhaust in a manner that will endanger bus passengers;
5) Auxiliary heating systems that operate on diesel fuel shall be capable of operating on:
A) a hot water and/or combustion type heater; or
B) if only one heater is used, a fresh-air or combination fresh-air and recirculation type heater; or
C) blended diesel fuel without the need for system adjustment; and
6) The auxiliary heating system shall be low voltage.
REJECT VEHICLE IF:
Heater is missing; in poor working condition; defective hoses, supports or baffles; not firmly attached or not padded when required.
d) HOOD
PROCEDURES/SPECIFICATIONS:
Open hood and inspect safety catch and hinges for proper operation. Close hood and inspect for proper full closure. Manually inspect latches or remote control for proper operation.
REJECT VEHICLE IF:
Hood does not open or hood latches do not securely hold hood in its proper fully-closed position. Secondary or safety catch does not function properly. Hinge is broken, missing or not attached to body.
e) HORN
PROCEDURES/SPECIFICATIONS:
At least one horn shall be provided giving an audible warning at a distance of 200 feet and shall be conveniently controlled from the operator's seated position. (See Section 12-601 of the Illinois Vehicle Equipment Law.)
Optional exterior air horn is permitted.
REJECT VEHICLE IF:
Horn control is missing or defective or horn is not audible.
##### **92 Ill. Adm. Code 436.APPENDIX** G Instruments and Instrument Panel Through Locked Compartment (optional) {#sec-436.appendix omnilex-key=us-il-regs-official--title-92--436.APPENDIX}
a) INSTRUMENTS AND INSTRUMENT PANEL
PROCEDURES/SPECIFICATIONS:
Shall be equipped with the following nonglare illuminated instruments and gauges mounted for easy maintenance and repair and in such a manner that each is clearly visible to the seated driver. An indicator light instead of a pressure or temperature gauge is permissible. (See 49 CFR 571.101.)
1) Speedometer;
2) Odometer;
3) Fuel gauge;
4) Oil pressure gauge;
5) Water temperature gauge;
6) Ampere meter or volt meter with graduated charge and discharge indications;
7) High beam headlight indicator;
8) Directional signal indicator;
9) Air pressure or vacuum gauge (when air or vacuum brakes are used);
10) Emergency/service brake indicator (includes anti-lock brake system (ABS)).
REJECT VEHICLE IF:
Instruments or instrument panel do not operate properly; instruments are missing; inaccurate readings.
b) INSULATION
PROCEDURES/SPECIFICATIONS:
The ceiling and sidewalls shall be thermally insulated with a fire-resistant material that shall reduce the noise level and vibrations.
REJECT VEHICLE IF:
Insulation does not meet requirements.
c) LETTERING
1) Exterior
PROCEDURES/SPECIFICATIONS:
The body and chassis manufacturer's name, emblem, or other identification may be displayed (colorless or any color) on any unglazed surface of the MFSAB.
A vehicle identification number may be displayed on the exterior surface of the MFSAB roof.
A) Front
PROCEDURES/SPECIFICATIONS:
Vehicle number assigned for identification shall be a minimum of four inches (10.16 cm) high and located as high as practicable. Decals are permissible. (See Section 12-802 of the Illinois Vehicle Equipment Law.)
REJECT VEHICLE IF:
Lettering does not meet requirements. Required lettering is obstructed or not distinct.
B) Left
PROCEDURES/SPECIFICATIONS:
The name of the owner or the entity for which the MFSAB is operated or both shall be painted in a contrasting color on both sides, centered as high as practicable below the window line, in letters at least four inches (10.16 cm) high. (See Section 12-802(b) of the Illinois Vehicle Equipment Law.)
"EMERGENCY DOOR" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, any emergency exit door. For any emergency window exit, "EMERGENCY EXIT" must be located at the top of, or directly above, or at the bottom of, the emergency window exit in letters at least 1.95 inches (5 cm) high.
An arrow, at least 5.9 inches (14.99 cm) in length and ¾ inch (1.91 cm) in width, indicating the direction each release mechanism should be turned to open the door or window must be located within 5.9 inches (14.99 cm) of the release handle.
Decals are permissible. All required lettering and labeling must be a color that contrasts with its background. (See 49 CFR 571.217.)
Optional: Vehicle number assigned for identification may be displayed at a minimum height of four inches (10.16 cm).
Decals are permissible.
REJECT VEHICLE IF:
Lettering does not meet requirements. Required lettering is obstructed or not distinct.
C) Rear
PROCEDURES/SPECIFICATIONS:
"EMERGENCY DOOR" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, any emergency exit door.
For any emergency window exit, "EMERGENCY EXIT" must be located at the top of, or directly above, or at the bottom of, the emergency window exit in letters at least 1.95 inches (5 cm) high.
An arrow, at least 5.9 inches (14.99 cm) in length and ¾ inch (1.91 cm) in width, indicating the direction each release mechanism should be turned to open the door or window must be located within 5.9 inches (14.99 cm) of the release handle.
Vehicle number assigned for identification shall be a minimum four inches (10.16 cm) high. Decals are permissible.
All required lettering and labeling must be a color that contrasts with its background. (See 49 CFR 571.217.)
If MFSAB uses alternate fuel (e.g., propane, CNG), vehicle must be marked with identifying decal. The decal shall be diamond shaped with white or silver scotchlite letters one inch in height and a stroke of the brush at least ¼ inch (.64 cm) wide on a black background with a white or silver scotchlite border bearing either the words or letters:
"PROPANE" = If propelled by liquefied petroleum gas other than liquefied natural gas; or
"CNG" = If propelled by compressed natural gas. The sign or decal shall be maintained in good legible condition.
The alternate fuel decal shall be displayed near the rear bumper and visible from the rear of vehicle. (See Section 12-704.3 of the Illinois Vehicle Equipment Law.)
A white decal with black lettering and numerals that measure one inch (2.54 cm) high must be displayed on the rear of the MFSAB. The decal must display either the words TO REPORT ERRATIC DRIVING or TO COMMENT ON MY DRIVING CALL followed by the area code and telephone number of the MFSAB owner. The decal shall be located on the rear window glazing below the rear seat back, on the MFSAB body below the window line, or on the rear bumper. The decal must be visible to the motoring public from the rear of the MFSAB and cannot obstruct any required lettering or numerals. The decal cannot be located on any emergency door glazing or any emergency window glazing. Magnetic signs are prohibited. (See Section 12-821 of the Illinois Vehicle Equipment Law.)
Exception: If the MFSAB is being presented for inspection by a dealer or a manufacturer prior to delivery to the owner, the TO REPORT ERRATIC DRIVING or TO COMMENT ON MY DRIVING CALL decal is optional. The decal may be applied by the MFSAB owner after the MFSAB is purchased.
REJECT VEHICLE IF:
Lettering does not meet requirements. Required lettering is obstructed or not distinct.
MFSAB using alternate fuels are not properly marked with decal. Decal is in wrong location.
D) Right
PROCEDURES/SPECIFICATIONS:
The name of the owner or the entity or both for which the MFSAB is operated shall be painted in a contrasting color on both sides, centered as high as practicable below the window line, in letters at least four inches (10.16 cm) high. (See Section 12-802 of the Illinois Vehicle Equipment Law.)
The following lettering must be at least two inches (5.08 cm) high:
i) The word "CAPACITY", or abbreviation "CAP.", plus numerals showing rated passenger capacity followed by the word "PASSENGERS", or the abbreviation "PASS.", shall be displayed on the outside of the body near the rear edge of the service entrance.
ii) Empty weight in pounds must be shown. Empty weight is indicated by "EW". (See Section 12-802 of the Illinois Vehicle Equipment Law.)
Manufacturer's identification name or emblem may be displayed, but not on service door glazing. Manufacturer's name or emblem must not interfere with required lettering. Decals are permissible.
"EMERGENCY DOOR" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, any emergency exit door.
For any emergency window exit "EMERGENCY EXIT" must be located at the top of, or directly above, or at the bottom of the emergency window exit in letters at least 1.95 inches (5 cm) high.
An arrow, at least 5.9 inches (14.99 cm) in length and ¾ inch (1.91 cm) in width, indicating the direction each release mechanism should be turned to open the door or window must be located within 5.9 inches (14.99 cm) of the release handle.
Decals are permissible. All required lettering and labeling must be a color that contrasts with its background. (See 49 CFR 571.217.)
Optional: If audio and/or visual recording devices are present on the MFSAB, one white decal with black lettering measuring one inch (2.54 cm) high shall be displayed on the exterior of the service (i.e., entrance) door, or on the MFSAB body adjacent to the service door if the door is not adequate to accommodate the decal. The decal shall serve as a notice of audio and/or visual recordings. The decal must not be located on any service door glazing. Magnetic signs are prohibited. (See Section 14-3(m) of the Illinois Criminal Code.)
REJECT VEHICLE IF:
Lettering does not meet requirements. Required lettering is obstructed or not distinct.
2) Interior
A) Front
PROCEDURES/SPECIFICATIONS:
Each letter or numeral must be at least two inches (5.08 cm) high and contrasting sharply with its background. A colorless background strip (such as white, aluminum or silver) may be used. Decals are permitted.
On right side: Either "CAPACITY" or "CAP." plus numerals showing rated passenger capacity, followed by either "PASSENGER" or "PASS."
As nearly as practicable opposite the center of aisle, but to right of inside mirror, either "NO STANDEES" or "NO STANDEES PERMITTED."
The vehicle's length (rounded up to next whole foot) shall be displayed on the bulkhead clearly within the driver's view. (For example: vehicle length of 39.1 feet will be displayed as 40 feet.)
A red cross formed of five equal squares with words "FIRST-AID KIT" shall be displayed on the compartment door, or cover, if the first-aid kit is to be carried in the locked compartment.
The words "FIRE EXTINGUISHER" shall be displayed on the compartment door, or cover, if the fire extinguisher is to be carried in the locked compartment.
Optional: If audio and/or visual recording devices are present on the MFSAB, one white decal with black lettering measuring one inch (2.54 cm) high shall be displayed on the front interior bulkhead. The decal shall serve as a notice of audio and/or visual recordings. The decal must not obstruct any other required lettering on the bulkhead. Magnetic signs are prohibited. (See Section 14-3(m) of the Illinois Criminal Code.)
Optional: A "No Smoking" sign may be posted on the interior surface of an MFSAB.
REJECT VEHICLE IF:
Lettering does not meet requirements. Required lettering is obstructed or not distinct. Vehicle length is not displayed properly or is absent.
B) Left
PROCEDURES/SPECIFICATIONS:
"EMERGENCY DOOR" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, any emergency exit door. For any emergency window exit, "EMERGENCY EXIT" must be located at the top of, or directly above, or at the bottom of the emergency window exit in letters at least 1.95 inches (5 cm) high. The labeling must be of a color that contrasts with its background. Concise operating instructions describing the motions necessary to unlatch and open the exit must be located within 5.85 inches (15 cm) of the release mechanism on the inside surface of the MFSAB. These operating instructions shall be in letters at least .39 inches (1 cm) high and of a color that contrasts with its background. (See 49 CFR 571.217.)
REJECT VEHICLE IF:
Lettering does not meet requirements. Required lettering is obstructed or not distinct.
C) Rear
PROCEDURES/SPECIFICATIONS:
"EMERGENCY DOOR" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, any emergency exit door.
For any emergency window exit, "EMERGENCY EXIT" must be located at the top of, or directly above, or at the bottom of the emergency window exit in letters at least 1.95 inches (5 cm) high. The labeling must be of a color that contrasts with its background.
Concise operating instructions describing the motions necessary to unlatch and open the door must be located within 5.85 inches (15 cm) of the release mechanism on the inside surface of the MFSAB. These operating instructions shall be in letters at least .39 inches (1 cm) high and of a color that contrasts with its background. (See 49 CFR 571.217.)
REJECT VEHICLE IF:
Lettering does not meet requirements. Required lettering is obstructed or not distinct.
D) Right
PROCEDURES/SPECIFICATIONS:
"EMERGENCY DOOR" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, any side emergency door. For any emergency window exit, "EMERGENCY EXIT" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, or at the bottom of the emergency window exit. The labeling must be of a color that contrasts with its background. Concise operating instructions describing the motions necessary to unlatch and open the exit must be located within 5.85 inches (15 cm) of the release mechanism on the inside surface of the MFSAB. These instructions shall be in letters at least .39 inches (1 cm) high and of a color that contrasts with its background. (See 49 CFR 571.217.)
REJECT VEHICLE IF:
Right interior lettering does not meet requirements. Required lettering is obstructed or not distinct.
E) Ceiling
PROCEDURES/SPECIFICATIONS
Roof exit must be labeled "EMERGENCY EXIT" in letters at least 1.95 inches (5 cm) high, of a color that contrasts with its background. The labeling must be located on an inside surface of the exit, or within 11.7 inches (30 cm) of the roof exit opening. Concise operating instructions describing the motions necessary to unlatch and open the emergency exit shall be located within 5.85 inches (15 cm) of the release mechanism. These instructions shall be in letters at least .39 inches (1 cm) high and of a color that contrasts with its background. (See 49 CFR 571.217.)
REJECT VEHICLE IF:
Lettering does not meet requirements. Required lettering is obstructed or not distinct.
d) LIGHTS
Light Emitting Diode (LED) lamps that meet applicable FMVSS or SAE Standards/Recommended Practices are acceptable. Two or more lamps or reflectors may be combined if the requirements for each lamp or reflector are met. However, no clearance lamp shall be combined with a tail lamp. (See 49 CFR 571.108-S6.3.)
1) Back Up
PROCEDURES/SPECIFICATIONS:
Two white lights shall be provided. Must meet federal standards (49 CFR 571.108).
REJECT VEHICLE IF:
Back-up lights do not function; illegal color; broken lens.
2) Clearance, Front
PROCEDURES/SPECIFICATIONS:
Two clearance lights (amber) visible from the front at highest and widest portions of the body. Must conform to federal standards (49 CFR 571.108). May be combined with sidemarker lamp provided the requirements for both lights are met.
Exception: MFSAB that measure less than 80 inches (203.2 cm) wide are exempt. (See 49 CFR 571.108.)
REJECT VEHICLE IF:
Front clearance lights do not function; improper color; broken lens.
3) Clearance, Rear
PROCEDURES/SPECIFICATIONS:
Two clearance lights (red) mounted at highest and widest parts of body. Must conform to federal standards (49 CFR 571.108).
Exception: MFSAB that measure less than 80 inches (203.2 cm) wide are exempt. (See 49 CFR 571.108.)
REJECT VEHICLE IF:
Rear clearance lights do not function; improper color; broken lens.
4) Identification, Front
PROCEDURES/SPECIFICATIONS:
Three amber lights mounted at center front near top of body. Must conform to federal standards (49 CFR 571.108).
Exception: MFSAB that measure less than 80 inches (203.2 cm) wide are exempt. (See 49 CFR 571.108.)
REJECT VEHICLE IF:
Front cluster lights do not function properly; improper color; broken lens.
5) Identification, Rear
PROCEDURES/SPECIFICATIONS:
Three red lights mounted at center rear near top of body. Must conform to federal standards (49 CFR 571.108).
Exception: MFSAB that measure less than 80 inches (203.2 cm) wide are exempt. (See 49 CFR 571.108.)
REJECT VEHICLE IF:
Rear cluster lights do not function properly; improper color; broken lens.
6) Flashing Signal System (not applicable)
PROCEDURES/SPECIFICATIONS:
MFSAB cannot be equipped with a flashing signal system.
REJECT VEHICLE IF:
MFSAB is equipped with a flashing signal system.
7) Headlights
PROCEDURES/SPECIFICATIONS:
Shall have at least two headlamps with at least one mounted on each side of the front of the MFSAB. Lamp body must be securely attached. Lenses, reflectors, bulbs, etc., must be in good condition, properly aimed and fill required intensity. Check for bulb burn out. Verify high and low beams are functioning. Shall conform to federal standards (49 CFR 571.108).
REJECT VEHICLE IF:
Headlights do not meet requirements. High/low beams do not function.
8) Interior
PROCEDURES/SPECIFICATIONS:
Adequate to illuminate aisles, step well, and emergency passageways.
REJECT VEHICLE IF:
Interior lights do not provide adequate lighting; have cracked or broken lenses; are improper color.
9) License Plate
PROCEDURES/SPECIFICATIONS:
Adequate white light to illuminate license plate. (See 49 CFR 571.108.) May be combined with one of the tail lights.
REJECT VEHICLE IF:
License plate light does not provide adequate lighting; has cracked or broken lenses; is improper color.
10) Parking Lights
PROCEDURES/SPECIFICATIONS:
Shall be one lamp on each side; white or amber color. (See 49 CFR 571.108.)
All MFSAB 80 or more inches (203.2 cm) in overall width that are equipped with side marker lamps, clearance lamps, and intermediate side marker lamps are exempt from having parking lights. However, if the vehicle is equipped with parking lights, they must be operational. (See 49 CFR 571.108.)
REJECT VEHICLE IF:
Parking lights do not meet requirements; do not function properly; are improper color; have cracked or broken lenses.
11) Sidemarker, Left
PROCEDURES/SPECIFICATIONS:
Two lamps: one amber at front and one red at rear, mounted as high as practicable and located on the side of the MFSAB. Shall conform to federal standards (49 CFR 571.108).
REJECT VEHICLE IF:
Left marker lights do not meet requirements; do not function properly; are improper color; have cracked or broken lenses.
12) Sidemarker, Right
PROCEDURES/SPECIFICATIONS:
Two lamps: one amber at front and one red at rear, mounted as high as practicable and located on the side of the MFSAB. Shall conform to federal standards (49 CFR 571.108).
REJECT VEHICLE IF:
Right marker lights do not meet requirements; do not function properly; are improper color; have cracked or broken lenses.
13) Step Well
PROCEDURES/SPECIFICATIONS:
At least the nosings of the service entrance steps and the floor around the step well shall be automatically illuminated with white light when the ignition is on and the service entrance door is open.
No lamp shall be installed so as to shine directly into the eyes of a pupil moving through the service entrance and looking at the service steps.
REJECT VEHICLE IF:
Step well light does not meet requirements; does not function properly; is improper color; has cracked or broken lenses.
14) Stop
PROCEDURES/SPECIFICATIONS:
Two red lights mounted at same height and as high as practicable below window line. Seven inch (17.78 cm) minimum diameter or 19 square inches. Not less than 36 inches (91.44 cm) apart laterally. Must conform to federal standards (49 CFR 571.108).
For MFSAB with an overall width of less than 80 inches (203.2 cm), a high mounted stop lamp is required (may be two lamps).
REJECT VEHICLE IF:
Stop lights do not meet requirements; are improper color; have cracked or broken lenses; do not function properly.
15) Strobe
PROCEDURES/SPECIFICATIONS:
Lamp must comply with following requirements:
A) One per MFSAB;
B) Shall emit white or bluish/white light;
C) Shall be visible from any direction;
D) Shall flash 60 to 120 times per minute;
E) Shall be visible in normal sunlight;
F) Mounted at or behind center of rooftop and equal distance from each side.
Distance from rear will be calculated by measuring height of filament (in inches) and multiplying same by 30 inches. (Filament height x 30 = distance from rear of MFSAB where lamp is to be located.)
If a roof exit, air conditioner or the size of the MFSAB interferes with the placement of a strobe as required in this subsection (d)(15)(F), the strobe can be placed to the rear of the roof exit or air conditioner as near as practicable above the rear axle, horizontally centered between the rear tires.
REJECT VEHICLE IF:
Strobe light does not meet installation requirements; does not function properly; is improper color; has cracked or broken lenses.
Shielding is present.
16) Tail
PROCEDURES/SPECIFICATIONS:
Two red lights mounted with centers not less than 40 inches (101.6 cm) nor more than 50 inches (127 cm) from surface on which vehicle stands. Must conform to federal standards (49 CFR 571.108).
REJECT VEHICLE IF:
Tail lights do not meet requirements; do not function properly; are improper color; have cracked or broken lenses.
17) Turn Signal, Front
PROCEDURES/SPECIFICATIONS:
One amber lamp located on each side at or near the front. They shall be located at the same height and as far apart as practicable. Lamps must conform to federal standards (49 CFR 571.108). The lamps may be located on the fender or the cowl, if practicable.
Operate turn signals and four-way warning hazards to check performance of front and rear lights.
REJECT VEHICLE IF:
Front turn signal lights do not meet requirements; do not function properly; are improper color; have cracked or broken lenses.
Four-way warning hazards do not operate properly.
18) Turn Signal, Rear
PROCEDURES/SPECIFICATIONS:
One red or amber lens on each side at the same height and as far apart as practicable below window. Must meet federal standard 49 CFR 571.108.
REJECT VEHICLE IF:
Rear turn signal does not meet requirements; is improper color; does not function properly; has cracked or broken lenses.
e) LOCKED COMPARTMENT (optional)
PROCEDURES/SPECIFICATIONS:
Fire extinguisher, first-aid kit, and warning devices may be stored either in a closed, unlocked compartment or under lock and key, provided the locking device is connected with an automatic warning signal that will alert driver when compartment is locked. The automatic alarm shall be both audible and visible to the seated driver. The alarm shall alert the driver when the engine is running and the compartment is locked and cannot be readily opened without using a tool, key, or combination. An alarm cut-off or "squelch" control is prohibited.
Each safety item inside the compartment shall be named on the outside of the compartment cover or door. In addition, a RED CROSS formed of five equal squares shall be displayed on the cover when the first aid kit is inside the compartment.
REJECT VEHICLE IF:
If present, locked compartment is not readily accessible to driver; lettering or identification missing; alarm does not function properly when compartment is locked and vehicle is running.
**History**
- *Source: Amended at 37 Ill. Reg. 6823, effective May 3, 2013*
##### **92 Ill. Adm. Code 436.APPENDIX** H Mirrors Through Rub Rails {#sec-436.appendix omnilex-key=us-il-regs-official--title-92--436.APPENDIX}
a) MIRRORS
PROCEDURES/SPECIFICATIONS:
Every required mirror shall be of reflecting material protected from abrasion, scratching, and corrosion. Mirror shall be firmly installed on stable supports so as to give a clear, stable, reflected view. Mirrors must meet all requirements of 49 CFR 571.111 to provide the required field of view.
Convex crossover mirrors can be combined with either the right or left side safety mirrors provided the convex mirror meets the field of view and size requirements of 49 CFR 571.111.
REJECT VEHICLE IF:
Mirrors do not meet requirements; are defective; are excessively clouded; are not securely attached; have cracked or broken glass.
1) Exterior
A) Rear View Driving
PROCEDURES/SPECIFICATIONS:
Shall be mounted outside on the left and right sides of the MFSAB. Must give seated driver a view to the rear along each side of the MFSAB. Must be at least 50 square inches of usable flat rectangular reflecting surface on each side. (See 49 CFR 571.111.)
If the rear view driving mirror does not provide the required field of view, a convex driving mirror must be installed to expand the driving view to the rear. However, the usable flat reflecting surface must be rectangular and must maintain at least 50 square inches.
REJECT VEHICLE IF:
Rear view driving mirror does not meet requirements; is defective; is excessively clouded; is not adjustable; is not securely attached; has cracked or broken glass.
B) Right Side Safety
PROCEDURES/SPECIFICATIONS:
An outside convex mirror, either alone or in combination with the crossover mirror system, shall give the seated driver a view of the roadway along the right side of the MFSAB between the most forward surface of the right front tire and the rear of the rear bumper. The projected reflecting surface of this convex mirror shall be at least 40 square inches (7⅛ inches (18.10 cm) diameter if a circle).
Extra-wide-angle convex mirror heads are permissible on right front corner only.
REJECT VEHICLE IF:
Right side safety mirror does not meet requirements; is defective; is excessively clouded; is not adjustable; is not securely attached; has cracked or broken glass.
C) Left Side Safety (Optional)
PROCEDURES/SPECIFICATIONS:
A convex mirror is required if the left rear view driving mirror system does not give the seated driver a reflected view of the roadway along the left side of the MFSAB between the front edge of the driver's seat (in most forward position) and the rear of the rear bumper. The convex mirror shall be installed so that either alone or in combination with the rear view driving mirror gives the seated driver the proper view.
REJECT VEHICLE IF:
Left side safety mirror does not meet requirements; is defective; is excessively clouded; is not adjustable; is not securely attached; has cracked or broken glass.
D) Crossover
An outside convex mirror shall give the seated driver a view of the front bumper and the area of roadway in front of the MFSAB. The projected reflecting surface of this mirror shall be at least 40 square inches (7⅛ inch (18.10 cm) diameter if a circle). (See 49 CFR 571.111.)
Exception: If the seated driver of a forward control MFSAB has a direct view of the front bumper and the area of roadway in front of the MFSAB, a crossover mirror is optional.
REJECT VEHICLE IF:
Crossover mirror does not meet requirements; is defective; is excessively clouded; is not adjustable; is not securely attached; has cracked or broken glass.
2) Interior
PROCEDURES/SPECIFICATIONS:
Must have a clear view safety glass mirror, metal backed and framed with rounded corners and edges that shall be padded. Shall afford a good view of the interior and roadway to the rear.
REJECT VEHICLE IF:
Interior mirror does not meet requirements; is defective; is excessively clouded; is not adjustable; is not securely attached; has cracked or broken glass.
b) PAINT REQUIREMENTS
PROCEDURES/SPECIFICATIONS:
The exterior of any MFSAB can be any color except national school bus glossy yellow.
Each opening for a required emergency exit must be outlined around its outside perimeter with a minimum one inch (2.54 cm) wide retroreflective tape, including roof exits. The retroreflective tape must be on the exterior surface of the MFSAB. Required retroreflective tape can be located on the rear bumper or the rub rail, provided the space under the emergency exit door or emergency exit window is not adequate to accommodate the tape or provided rivets are present that prohibit the tape from being applied properly. (49 CFR 571.217)
REJECT VEHICLE IF:
Paint does not meet color requirements or is in poor condition (i.e., faded, peeling or rusted). MFSAB is painted national school bus glossy yellow.
c) PEDALS (ACCELERATOR, SERVICE BRAKE, CLUTCH, EMERGENCY/ PARKING BRAKE)
PROCEDURES/SPECIFICATIONS:
Minimum 1½ inches (3.81 cm) clearance with pedal fully depressed. All pedals must be covered with rigid nonslip material.
Manufactured pedal extensions are allowed. They must be securely attached and covered with rigid nonslip material. Homemade pedal extensions are prohibited.
REJECT VEHICLE IF:
Pedals do not meet clearance requirements or are not covered with rigid nonslip material. Manufactured pedal extensions are not securely attached. Homemade pedal extensions are present.
d) PROJECTIONS
1) Exterior
PROCEDURES/SPECIFICATIONS:
Entire rear and bumper area of MFSAB must be nonhitchable.
AGENCY NOTE: "Nonhitchable" is defined as the rear of the MFSAB being designed and maintained to prevent or discourage riding or grasping rear of MFSAB so as to "hitch" rides.
REJECT VEHICLE IF:
Exterior projections do not comply with nonhitchable requirements.
2) Interior
PROCEDURES/SPECIFICATIONS:
Interior shall be free of all dangerous projections.
Optional equipment (e.g., video camera) that is located in the bulkhead area of the MFSAB and not flush with the interior walls must meet the following requirements:
A) Must not interfere with occupants entering or exiting the MFSAB.
B) Must not be located in driver's head impact zone.
C) Must not obstruct required lettering.
Additional projections (e.g., external speakers, air conditioners, overhead storage racks) located within 59 inches (149.86 cm) from the floor shall be padded to prevent injury. This includes inner lining of ceiling and walls.
Flush mounted speakers are exempt from padding requirements.
REJECT VEHICLE IF:
Optional equipment in bulkhead area does not meet requirements.
Remaining projections are not padded (e.g., external speakers).
e) RADIO SPEAKERS
Radio/stereo speakers cannot be located within four feet of the rearmost position of the driver's seat.
REJECT VEHICLE IF:
Speakers are located in the prohibited area or are not deactivated.
Exception: Two way radio speakers are exempt.
f) REFLECTORS
Two or more lamps or reflectors may be combined if the requirements for each lamp or reflector are met. (See 49 CFR 571.108-S6.3.)
1) Front
PROCEDURES/SPECIFICATIONS:
Two yellow or amber rigid or sheet type (tape) reflex reflectors shall be securely attached on the front of the body near the lower left and right hand corners. (See Section 12-202 of the Illinois Vehicle Equipment Law.)
These front reflectors shall be located between 15 and 60 inches (38.1 cm and 152.4 cm) above the roadway at either fender, cowl, or body and installed so as to mark the outer edge of the maximum width of the MFSAB. No part of the required reflecting material may be obscured by a lamp, mirror, bracket or any other portion of the MFSAB.
No part of the required reflecting material may be more than 11.8 inches (29.97 cm) inboard of the outer edge of the nearest rub rail.
The reflector may be any shape (e.g., square, rectangle, circle, oval, etc.). A rigid type reflex reflector may be any size if permanently marked either DOT, SAE A, or SAE J 594; otherwise, it shall display at least seven square inches of reflecting material (about 3 inch (7.62 cm) diameter if a solid circle).
A sheet type (tape) reflex reflector may conform to the surface on which it is installed but its forward projected reflecting area shall be at least eight square inches.
Exception: MFSAB that measure less than 80 inches (203.2 cm) wide are exempt. (See 49 CFR 571.108.)
REJECT VEHICLE IF:
Missing or damaged reflective material; not located or positioned as required.
2) Left Side
PROCEDURES/SPECIFICATIONS:
One amber no more than 12 inches (30.48 cm) from the front and one red no more than 12 inches (30.48 cm) from the rear. Mounted at a height not less than 15 inches (38.10 cm) and not more than 60 inches (152.4 cm) above the surface of the road. (See Section 12-202 of the Illinois Vehicle Equipment Law.)
On MFSAB more than 30 feet long (914.4 cm), one amber reflector must also be provided at or near midpoint between front and rear side reflector. (See 49 CFR 571.108.)
All reflectors must measure at least three inches (7.62 cm) in diameter.
REJECT VEHICLE IF:
Missing or damaged reflective material; not located or positioned as required.
3) Right Side
PROCEDURES/SPECIFICATIONS:
One amber no more than 12 inches (30.48 cm) from the front and one red no more than 12 inches (30.48 cm) from the rear. Mounted at a height not less than 15 inches (38.1 cm) and not more than 60 inches (152.4 cm) above the surface of the road. (See Section 12-202 of the Illinois Vehicle Equipment Law.)
On MFSAB more than 30 feet long (914.4 cm), one amber reflector must also be provided at or near midpoint between front and rear side reflector. (See 49 CFR 571.108.)
All reflectors must measure at least three inches (7.62 cm) in diameter.
REJECT VEHICLE IF:
Missing or damaged reflective material; not located or positioned as required.
4) Rear
PROCEDURES/SPECIFICATIONS:
Two red reflectors on rear body within 12 inches (30.48 cm) of lower right and lower left corners. (See Section 12-202 of the Illinois Vehicle Equipment Law.) Minimum three inches (7.62 cm) in diameter.
Exception: MFSAB that measure less than 80 inches (203.2 cm) wide are exempt. (See 49 CFR 571.108.)
REJECT VEHICLE IF:
Missing or damaged reflective material; not located or positioned as required.
g) RUB RAILS
There shall be one rub rail, located approximately at seat level, that shall extend from the rear of the service entrance completely around the MFSAB body without interruption, except at functioning doors or a rear engine compartment, to a point of curvature near the front of the body on the left side.
There shall be one rub rail on each side, located approximately at the floor line, that shall extend over the same longitudinal distance as the rub rail located at the seat level.
More than two rub rails may be installed on sides and rear of the MFSAB.
Rub rails of longitudinally corrugated or ribbed steel at least 3.9 inches (9.91 cm) wide shall be fixed on the outside of the MFSAB.
Exceptions:
1) Rub rail need not extend across wheel housing.
2) Rub rail may terminate at the point of curvature at the right and left rear corners of the body.
REJECT VEHICLE IF:
Rub rails are missing; are not firmly attached; or there is an incorrect number of rails.
**History**
- *Source: Amended at 37 Ill. Reg. 6823, effective May 3, 2013*
##### **92 Ill. Adm. Code 436.APPENDIX** I Seat Belts Through Steering System {#sec-436.appendix omnilex-key=us-il-regs-official--title-92--436.APPENDIX}
a) SEAT BELTS
PROCEDURES/SPECIFICATIONS:
Each MFSAB shall be equipped with a retractable lap belt assembly for the driver's seat. (See Section 12-807 of the Illinois Vehicle Equipment Law.) A shoulder harness is optional. Belt material, buckle, tongue, etc., of each driver's belt shall remain above floor when not in use.
Passenger safety belts that meet 49 CFR 571.222 are required on any MFSAB that has a GVWR of 10,000 pounds or less. Passenger safety belts are optional on any MFSAB that has a GVWR of more than 10,000 pounds. However, optional safety belts installed on any MFSAB are required to meet 49 CFR 571.222. At all times, each seat belt shall be readily available for quick and easy use. Retractors must be the emergency locking type. Each belt assembly shall be clean.
REJECT VEHICLE IF:
Seat belts are not secured, not adjustable, cracked, broken, frayed, torn or dirty. Retractor or buckle does not operate properly.
b) SEAT, DRIVER'S
PROCEDURES/SPECIFICATIONS:
The driver's seat shall be rigidly positioned and have a forward and backward adjustment without the use of tools or other nonattached devices.
Seat padding and covering shall be in good condition (i.e., free from holes and tears). Seat cushions shall be securely fastened to the seat frame.
Optional: MFSAB may be equipped with a durable safety belt webbing cutter with a full-width handgrip and a protected, replaceable, or non-corrodible blade. The webbing cutter cannot be mounted on the dash but must be mounted in a location accessible to the seated driver in an easily detachable manner.
REJECT VEHICLE IF:
Driver's seat is not securely anchored to floor; in poor condition; adjustment mechanism does not function properly. Optional webbing cutter does not meet requirements.
c) SEATS, PASSENGER
PROCEDURES/SPECIFICATIONS:
Each seat and each barrier are required to conform to FMVSS 222 (49 CFR 571.222).
All seats shall be forward facing and securely fastened to part or parts of MFSAB that support them. No MFSAB shall be equipped with jump seats or portable seats (does not include child restraint systems). The center-to-center seat spacing shall be no more than 24 inches (60.96 cm), measured from the seating reference point to the seat back or guard barrier in front of the seat. Padding and covering shall be of fire resistant material. Minimum 36 inch (91.44 cm) headroom for sitting position above top of undepressed cushion line on all seats (measured vertically not more than seven inches from side wall at cushion height and at front and rear center of cushion). Backs of all seats of similar size shall be of the same width at top and the same height from floor and shall slant at the same angle with the floor. The top and side rails and seat backs shall be padded to cushion level. Seat padding and covering shall be in good condition (i.e., free from holes and tears). Seat cushions shall be securely fastened to the seat frame. (49 CFR 571.222)
Seat bottom cushions must also be equipped with a self-latching mechanism that is designed to flip up or be removable without tools.
REJECT VEHICLE IF:
Passenger seats do not meet requirements; are not firmly attached to body; seat frames are broken; cushions not firmly attached; padding and covering are not fire resistant. Padding or covering is loose, in poor condition, or missing; seats are torn or have holes; minimum seat dimensions or seat spacing is not in compliance.
d) STEERING SYSTEM
1) Exterior
A) King Pins
PROCEDURES/SPECIFICATIONS:
Raise vehicle so as to unload king pins (brakes should be applied to eliminate wheel bearing looseness). Either grasp wheel at top and bottom or use a bar for leverage. Attempt to rock wheel in and out. Check movement at extreme top or bottom of tire. If movement exists, place a dial indicator, tape measure, or a fixed device at the wheel and measure amount of movement.
Place leverage bar under tire. Raise bar to check for vertical movement between spindle and support axle.
REJECT VEHICLE IF:
Wheel bearing movement exceeds ¼ inch or king pin movement exceeds:
Wheel Size
(in inches)
Max. Allowed
(in inches)
16 or less
¼
16.1 to 18
⅜
over 18
½
B) Linkage
PROCEDURES/SPECIFICATIONS:
For MFSAB with single "I" beam or tube type front axle, hoist MFSAB under axle. For MFSAB with twin "I" beam type front axles or with "A frame" control arms, each axle or arm must be hoisted independently so as to load the ball joints. Grasp front and rear of tire and attempt to shake assembly right and left to determine linkage looseness. Measure movement of wheel.
Inspect for damage to or looseness in the following linkage components:
i) Ball Joints (Grasp wheel at top and bottom to attempt to rock wheel in and out. Check movement at extreme top or bottom of tire.)
ii) Cotter Pins
iii) Drag Link
iv) Idler Arm
v) Pitman Arm
vi) Steering Box
vii) Tie Rod
viii) Tie Rod Ends
REJECT VEHICLE IF:
Measurement is found to be in excess of:
Rim Diameter (in inches)
Max. Allowable Movement (in inches)
16 or less
¼
17 and 18
⅜
over 18
½
Any linkage component is bent, welded, loose, insecurely mounted or missing.
C) Power Steering
PROCEDURES/SPECIFICATIONS:
Manually and visually inspect:
i) Belts
ii) Cylinders
iii) Fluid Level
iv) Hoses
v) Mounting Brackets
vi) Power Assist
vii) Pump
REJECT VEHICLE IF:
Steering components are:
i) Loose, frayed, cracked, missing; incorrect belts
ii) Loose and/or leaking
iii) Low fluid level
iv) Cracked, leaking, rubbed by moving parts
v) Cracked, loose or broken
vi) No assist is evident
vii) Loose, leaking
D) Toe-In/Toe-Out
PROCEDURES/SPECIFICATIONS:
With wheels held in a straight ahead position, drive vehicle slowly over the approved drive-on side slip indicator.
Excessive toe-in or toe-out is a general indication that a complete check should be made of all front wheel alignment factors (caster, camber, steering axis inclination).
REJECT VEHICLE IF:
More than 30 feet (914.4 cm) per mile on the approved side slip indicator.
E) Wheel Bearings
PROCEDURES/SPECIFICATIONS:
With the front end of the vehicle lifted so as to load any ball joints, grasp the front tire top and bottom, rock it in and out. Record movement. To verify that any looseness detected is in the wheel bearing, notice the relative movement between the brake drum or disc and the backing plate or splash shield.
AGENCY NOTE: Wheel bearing play can be eliminated by applying service brakes.
REJECT VEHICLE IF:
Relative movement between drum and backing plate, measured at tire, is ¼ inch (.635 cm) or more.
2) Interior
A) Column
PROCEDURES/SPECIFICATIONS:
Inspect to determine that column support bracket is properly tightened and all bolts are present.
REJECT VEHICLE IF:
Column support bracket is not properly tightened or bolts are missing.
B) Lash
PROCEDURES/SPECIFICATIONS:
With road wheels in straight ahead position, turn steering wheel until a turning movement can be observed at the left road wheel. Slowly reverse steering wheel motion and measure lash.
REJECT VEHICLE IF:
Lash exceeds following acceptable limits:
Steering Wheel
Max. Diameter
(inches)
Acceptable Lash (inches) Measured at Max. Circumference
16 or less
2
18
2¼
20
2½
22
2¾
C) Shaft
PROCEDURES/SPECIFICATIONS:
Grasp steering wheel with both hands and attempt to move shaft up and down.
REJECT VEHICLE IF:
Steering shaft moves up and down.
D) Steering Wheel
PROCEDURES/SPECIFICATIONS:
Inspect steering wheel condition.
REJECT VEHICLE IF:
Steering wheel is damaged. Any spokes are missing or reinforcement ring is exposed.
E) Travel
PROCEDURES/SPECIFICATIONS:
Turn steering wheel through a full right and left turn checking for binding, jamming and complete travel left and right.
REJECT VEHICLE IF:
Binding or jamming is present. Does not complete full turn from left to right. Tire rubs on fender or frame during turn.
**History**
- *Source: Amended at 37 Ill. Reg. 6823, effective May 3, 2013*
##### **92 Ill. Adm. Code 436.APPENDIX** J Steps, Entrance Through Suspension {#sec-436.appendix omnilex-key=us-il-regs-official--title-92--436.APPENDIX}
a) STEPS, ENTRANCE
PROCEDURES/SPECIFICATIONS:
The bottom step in the entranceway shall not extend beyond the exterior of the body. With all seats empty, the bottom step shall be not less than 300 mm (11.8") and not more than 400 mm (15.7") from the roadway. At least two steps shall be provided. The steps shall be enclosed. Risers shall be approximately equal. Each step, including the floor at the top riser, shall be surfaced with a nonskid material with a 40 mm (1.6") to 80 mm (3.1") white nosing as an integral piece.
REJECT VEHICLE IF:
Steps or risers are not solid. Steps, risers or nonskid material covering is missing, loose, or not in good condition. White nosing is missing or in poor condition.
b) STOP SIGNAL ARM PANEL (not applicable)
PROCEDURES/SPECIFICATIONS:
MFSAB cannot be equipped with stop signal arm panels.
REJECT VEHICLE IF:
Stop signal arm panel is present.
c) STORAGE COMPARTMENT (optional)
PROCEDURES/SPECIFICATIONS:
Covered, fire-resistant container securely fastened of adequate strength and capacity for tire chains and tools for minor emergency repairs.
REJECT VEHICLE IF:
If installed, does not meet requirements.
d) SUN VISOR
PROCEDURES/SPECIFICATIONS:
Shall be interior, adjustable and not less than five inches by 16 inches. Must be installed above windshield.
Not required to be transparent, but must not interfere with view of interior rear view mirror.
REJECT VEHICLE IF:
Sun visor does not meet requirements.
e) SUSPENSION
1) Shocks
PROCEDURES/SPECIFICATIONS:
Equipped with front and rear heavy-duty, double acting shock absorbers.
REJECT VEHICLE IF:
Shocks are missing, broken, or have severe leakage (not slight dampness). Mounting bolts or mounts are broken or loose, or rubber bushing is partially or completely missing.
2) Springs
PROCEDURES/SPECIFICATIONS:
A) Coil
Visually inspect:
i) Spring
ii) Control arms
iii) Torque arms (rear)
REJECT VEHICLE IF:
Coil is missing, is disconnected, is broken, has loose bushings, is welded or is damaged.
B) Leaf
PROCEDURES/SPECIFICATIONS:
With use of a pry bar and using frame as a pivot, attempt to pry front and rear spring attachments and check for movement. Front of vehicle must be jacked up on chassis for checking front suspension. Visually inspect:
i) Springs
ii) Shackles
iii) Hangers
iv) U-bolts
v) Center bolts
vi) Bushings or pivot
REJECT VEHICLE IF:
Springs are missing or broken. Shackles or U-bolts worn or loose. Center bolt in springs sheared or broken. Steering stops allow tire to rub on frame or metal. Any leaves are cracked or missing. Any shackle, shackle pins, hangers, or U-bolts are worn, loose or missing.
C) Torsion Bar (Stabilizer Bar)
PROCEDURES/SPECIFICATIONS:
Visually inspect:
i) Torsion bar
ii) Mounting brackets
iii) Control arms
iv) Torque arms (if applicable − rear)
v) Stabilizer bars (if applicable)
REJECT VEHICLE IF:
Torsion bar is missing, disconnected, broken, loose, welded, damaged.
D) Air Suspension
PROCEDURES/SPECIFICATIONS:
Visually inspect:
i) Air bag/bellows
ii) Mountings
iii) Air lines
iv) Leveling devices
REJECT VEHICLE IF:
Air leaks are present; improper inflation; vehicle is resting on one or both axles; vehicle is not level (tilting to either side); air bag/bellow belting is exposed; air lines are excessively worn; loose mountings.
##### **92 Ill. Adm. Code 436.APPENDIX** K Tow Hooks (optional) Through Warning Devices {#sec-436.appendix omnilex-key=us-il-regs-official--title-92--436.APPENDIX}
a) TOW HOOKS (optional)
1) Front
PROCEDURES/SPECIFICATIONS:
A front tow hook must not extend beyond the front of the front bumper. Each front tow hook not fastened securely to the chassis frame shall be connected to the frame by suitable braces.
REJECT VEHICLE IF:
Tow hooks extend beyond bumper; not securely attached.
2) Rear
PROCEDURES/SPECIFICATIONS:
Any tow hooks installed on the rear shall be attached or braced to the chassis frame or to an equivalent structural member of an integral type bus. A tow hook must not extend beyond the rear face of the rear bumper.
REJECT VEHICLE IF:
Tow hooks extend beyond bumper; not securely attached.
b) TRASH CONTAINER (optional)
PROCEDURES/SPECIFICATIONS:
A trash container may be present. If present, it must be securely stored in the vehicle and must not obstruct an aisle.
REJECT VEHICLE IF:
Optional trash container does not meet requirements.
c) UNDERCOATING
PROCEDURES/SPECIFICATIONS:
Fire resistant undercoating material applied to entire underside of body, front fenders, wheel wells, floor members, and side panels below floor level. Non-metallic parts need not be coated.
REJECT VEHICLE IF:
Undercoating does not meet requirements.
d) VENTILATION
PROCEDURES/SPECIFICATIONS:
Body must be equipped with ventilating system capable of supplying proper quantity of air under operating conditions.
REJECT VEHICLE IF:
Air is obstructed; not securely fastened; not covered.
e) WARNING DEVICES
PROCEDURES/SPECIFICATIONS:
1) Emergency warning devices are required to be carried on any second division motor vehicle weighing more than 8,000 pounds and operated upon any highway outside an urban district. The warning devices must be securely stored.
The warning devices required for use when lighted lamps are required (see Section 12-201(b) of the Illinois Vehicle Equipment Law) shall consist of:
A) At least three liquid-burning flares and three red-burning 15-minute fusees; or
B) Three red electric lanterns; or
C) Three portable red emergency reflectors that meet FMVSS No. 125.
2) In addition, the following warning devices are also required for use when lighted lamps are not required (see Section 12-201(b) of the Illinois Vehicle Equipment Law):
A) Two red cloth flags (not less than 12 inches square with standards to support flags); or
B) Two portable emergency reflectors that meet FMVSS No. 125. (The reflectors in subsection (b)(1)(C) qualify for this option.) (See Section 12-702(a) and (c) of the Illinois Vehicle Equipment Law.)
The warning devices must be securely stored.
REJECT VEHICLE IF:
Required warning devices are not present or are in poor condition.
##### **92 Ill. Adm. Code 436.APPENDIX** L Wheels Through Windshield Wipers {#sec-436.appendix omnilex-key=us-il-regs-official--title-92--436.APPENDIX}
a) WHEELS
1) Housings
PROCEDURES/SPECIFICATIONS:
Full open type attached to floor sheet to prevent water, fumes or dust entering the body. Inside height should not exceed 10 inches above floor line. Housings shall allow for unimpeded wheel and tire service or removal. Housing shall provide clearance for installation and use of tire chains on the dual or single tires installed on the rear wheels.
Inspect tire and road wheel assemblies.
REJECT VEHICLE IF:
Wheel housings do not meet clearance requirement; wheel housings are not firmly secured; holes are present.
A tire or wheel is rubbing against any portion of the suspension, chassis or body.
2) Rim
PROCEDURES/SPECIFICATIONS:
Inspect all wheel and rim bolts, nuts, studs, lugs, locking rings, etc. Each cover, cap or decorative ring that obscures any of these items must be removed prior to the inspection.
Inspect for visible wheel damage.
REJECT VEHICLE IF:
Any wheel or rim securing device such as a nut, bolt, stud, lug, ring or other type securing device is loose, missing or cracked.
Wheel locating holes are elongated, oversized or "wallowed out". Any part of a wheel or rim is cracked, repaired by welding or rewelding, or damaged so as to cause unsafe operation of the vehicle.
3) Tires
PROCEDURES/SPECIFICATIONS:
Inspect tire for proper inflation (i.e., flat tire).
A regrooved, retreaded or recapped tire shall not be on the front steering axle.
A tire with restricted use marking is prohibited (e.g., "NHS" or "SL" following size marking, "Off Highway", "Farm Use", "Racing Only", etc.).
No MFSAB shall be equipped with any tire that is so worn that tread configuration is absent on any part of the tire in contact with the road surface.
Inspect for tread wear:
A) Check for the presence of tread wear indicators.
B) For tires without tread wear indicators, use tread depth gauge to measure groove depth.
Steering (Front) and Drive (Rear) Axles: Measure tread depth at any point on a major tread groove.
C) For tires without tread wear indicators and with noncircumferential grooves, or "spaces", between the tread elements (as in snow, mud, lug knob, or traction treads):
Steering (Front) and Drive (Rear) Axles: Measure tread depth at any point on a major tread groove.
D) Inspect tire for bald, partially bald, cupped, dished or unevenly worn areas.
E) The measurements shall not be made where the tie bars, humps or fillets are located.
AGENCY NOTE: "Bald" means without a groove.
Inspect for visible cord damage and exposure of ply cords in sidewalls and treads, including belting material cords.
Inspect for evidence of tread or sidewall separation.
Inspect for regrooved or recut treads.
AGENCY NOTE: 49 CFR 369 requires tires marked "REGROOVABLE" to have sufficient tread rubber that, after regrooving, cord material below the grooves shall have a protective covering of tread material at least 3/32 inch thick.
Inspect tires for legible markings showing size designation and carcass construction.
AGENCY NOTE: "R" in size designation shows radial construction. More plies at tread than sidewall shows belted construction. Same number of plies at tread and sidewall, without a belted or radial indication, shows plain bias construction.
Tires on same axle must be of same construction.
Inspect tires for size designation and for matched construction.
AGENCY NOTE: "Construction" refers to bias, bias belted or radial arrangement of ply cords in the tire carcass.
Inspect each single dual tire assembly.
A mixture of regular and mud-and-snow treads must be the same on both sides of axle.
When radial and conventional (i.e., bias) tires are both used on a vehicle, one of the following two requirements shall be met:
A) On vehicles with one single wheel axle and one or more dual wheel axles, radial tires shall be used on the steering (i.e., front) axle only.
B) On vehicles having two single wheel axles, radial tires shall be used on the rear axle only.
A tube built only for bias tire shall not be installed in a radial tire. Red color shall not be added to stem of a "bias" tube. (Valve stem of tube for radial tire is either marked "radial" or has red ring or is painted red.) A "radial" tube and flap may be used in a bias tire.
Inspect valve stems.
REJECT VEHICLE IF:
Improper inflation (flat tire).
Regrooved, retreaded or recapped tire is located on front steering axle.
Restricted marking is present.
Any part of tire that is in contact with road surface is absent of tread configuration.
A) Tread wear indicators contact road at any point on a major tread groove.
B) On steering (front) axle: Tread depth is less than 4/32 inch when measured at any point on a major tread groove.
On drive (rear) axle: Tread depth is less than 2/32 inch when measured at any point on a major tread groove.
C) On steering axle: Tread depth is less than 4/32 inch when measured at any point on a major tread groove.
On drive axle: Tread depth is less than 2/32 inch when measured at any point on a major tread groove.
D) The tire has bald, partially bald, cupped, dished or unevenly worn areas.
A broken or cut cord can be seen. Rubber is worn, cracked, cut or otherwise deteriorated or damaged so that a cord can be seen, either when the tire is not touched or when the edges of the crack, cut or damage are parted or lifted by hand.
Tire has bump, bulge, knot or other evidence of partial carcass failure, air seepage or loss of adhesion between carcass and tread or sidewall.
Tread has been regrooved or recut on a tire that does not have the word "REGROOVABLE" molded on or into both sides of the tire.
A tire on a road wheel does not exhibit a legible size marking and a legible construction marking.
Tires on the same axle are not of same construction.
A tire exceeds the diameter (not width) of its mate by ½ inch (¼ inch radius) or more; or one tire touches its mate.
A mixture of regular and mud-and-snow treads are not the same on both sides of the axle.
Requirements for using both radial and conventional tires on a vehicle are not met.
A tube is built only for bias tire but installed in a radial tire.
A valve stem leaks; is cracked; is either damaged or positioned so as to hamper pressure checking or inflation; shows evidence of wear because of misalignment.
b) WINDOWS
PROCEDURES/SPECIFICATIONS:
1) All applicable provisions of 49 CFR 571.205 apply to the optional laminated safety glass and also to any plastic materials used in a multiple glazed unit.
Glazing shall be marked as follows pursuant to 49 CFR 571.205:
A) Windshield − "AS 1" Glass
B) Driver's Window − "AS 1" Glass or "AS 2" Glass
C) Driver's door − "AS 1" Glass or "AS 2" Glass
D) All other locations − "AS 1" Glass, "AS 2" Glass, or "AS 3" Glass.
REJECT VEHICLE IF:
Windows do not meet requirements.
2) Emergency (Also see EMERGENCY EXITS)
PROCEDURES/SPECIFICATIONS:
When the emergency door is located on the left side, a rear emergency window shall be provided. Minimum dimensions are 16 inches high and 48 inches wide. Designed to be opened from the inside or the outside. Hinged on top, designed and operated to insure against accidental closing in an emergency. Inside handle shall provide for quick release. Outside handle shall be nondetachable and nonhitchable. When locked or not fully latched, window shall actuate alarm audible and visible to driver. No cutoff switch allowed.
Optional emergency windows are allowed. They must be labeled "Emergency Exit" in letters at least two inches high, of a color that contrasts with its background, located at the top of or directly above the window on the inside surface of the bus.
Optional emergency windows must be equipped with an audible alarm activated when window is locked or not fully latched.
REJECT VEHICLE IF:
Operating mechanisms do not function. Alarm does not function. Glass is cracked or broken (see EMERGENCY EXIT − Alarms and Locks).
3) Rear
PROCEDURES/SPECIFICATIONS:
All rear glazing shall be the fixed type. No portion of any rear window shall display any lettering, numerals or symbols that may obstruct the driver's view.
REJECT VEHICLE IF:
Glass is cracked or broken. Visibility through rear windows is obstructed.
4) Side
PROCEDURES/SPECIFICATIONS:
Each side window shall provide unobstructed emergency opening at least 9 inches high and 22 inches wide, obtained either by lowering window or by use of knock-out type split sash.
Window latches must be in proper working order.
Optional: Plexiglass is allowed on side windows.
REJECT VEHICLE IF:
Side windows do not meet emergency opening requirements. Window does not open easily. Glass is cracked or broken. Stop lines are missing.
Window latches do not operate properly.
5) Windshield
PROCEDURES/SPECIFICATIONS:
Shall be installed between front corner posts and must be unobstructed. Non-reflective tinted film may be used along the uppermost portion of the windshield but must not extend more than six inches down from the top of the windshield. (See Sections 12-501 and 12-503 of the Illinois Vehicle Equipment Law.) Windshield shall be slanted to reduce glare.
REJECT VEHICLE IF:
Windshield is not firmly sealed or attached. Glass is broken, cracked or discolored (not including allowed tint). "Star chip" is present that measures more than one inch in diameter.
c) WINDSHIELD WASHER
PROCEDURES/SPECIFICATIONS:
Windshield washer shall effectively clean entire area covered by both wipers.
REJECT VEHICLE IF:
Windshield washer does not effectively clean entire area or does not operate properly.
d) WINDSHIELD WIPERS
PROCEDURES/SPECIFICATIONS:
Wipers shall be either two speed or variable speed with non-glare arms and blades. Blades need not be individually powered.
REJECT VEHICLE IF:
Windshield wipers do not cover entire cleaning area. Blades are damaged, torn or hardened, or rubber wiping element has broken down. Wiper fails to park properly when shut off.
#### **Part 438** Inspection Procedures for Special Vehicles
##### **92 Ill. Adm. Code 438.10** Purpose and Applicability {#sec-438.10 omnilex-key=us-il-regs-official--title-92--438.10}
The purpose of this Part is to promote the safety of the general public by establishing inspection standards for Official Testing Stations that conduct safety tests necessary for the following vehicles to receive a valid certificate of safety. (See IVC Sections 13-101 and 6-410.)
a) Buses designed to transport 11-15 persons, including the driver (except school buses) (see 92 Ill. Adm. Code 441, 443 and 445 for school bus inspection procedures);
b) Buses registered as charitable vehicles (except motorcoach-style buses) (see 49 CFR 399.appendix G);
c) Contract carriers transporting employees in the course of their employment on an Illinois highway in a vehicle designed to carry 15 or fewer passengers;
d) Driver education training cars operated by commercial driver training schools;
e) Driver education training cars that are over five model years of age or have an odometer reading of more than 75,000 miles and are used by public high schools;
f) First division vehicles, including, but not limited to, taxis that are used for a purpose that requires the driver to have a school bus driver permit;
g) Limousines;
h) Medical transport vehicles;
i) Multifunction school activity buses manufactured prior to July 1, 2012 and owned or operated by a public or private school (K-12);
j) Rebuilt (salvage) vehicles (except rebuilt trailers) (see 49 CFR 399.appendix G);
k) Religious organization buses (except motorcoach-style buses);
l) Senior citizen transport vehicles designed to transport 11-15 persons, including the driver; and
m) Tow trucks used in intrastate transportation.
##### **92 Ill. Adm. Code 438.20** Definitions {#sec-438.20 omnilex-key=us-il-regs-official--title-92--438.20}
"Ambulance" means any publicly or privately owned vehicle that is specifically designed, constructed or modified and equipped, and is intended to be used for, and is maintained or operated for, the emergency transportation of persons who are sick, injured, wounded or otherwise incapacitated or helpless. (IVC Section 1-102.01)
"Bead" means that part of the tire usually made of steel wires, rubber and ply cords that are shaped to fit the rim.
"Bottom of the Tread Groove" means the portions of a tread groove nearest the carcass.
"Bumper" means any device or system of devices protruding from and attached to the front and rear of a motor vehicle that has been designed to be used to absorb the impact of a collision. For the purposes of this Part, a bumper also includes a device or system of devices similar in design to those with which new motor vehicles are equipped. (IVC Section 1-106.5)
"Bus" or "Motor Bus" means every motor vehicle, other than a commuter van, designed for carrying more than 10 persons, including the driver. (IVC Section 1-107)
"Carcass" means the tire structure, except the tread and the portion of sidewall rubber outside the cords.
"Charitable Vehicle" or "Religious Organization Bus" means any vehicle that is exclusively owned and operated by a religious or charitable not-for-profit organization and is used primarily in conducting the official activities of the organization. (See IVC Section 1-111.1a.)
"Circumference of the Tire" or "Tire Circumference" means a closed line around the tire perimeter that lies approximately in a plane perpendicular to the axis about which the tire rotates when in use.
"Code" or "IVC" means the Illinois Vehicle Code [625 ILCS 5].
"Commuter Van" means a motor vehicle designed for the transportation of not less than 7 nor more than 16 passengers, that is:
used in a ridesharing arrangement; or
owned or leased by or on behalf of a company or an employee organization and operated on a non-profit basis with the primary purpose of transporting employees of the company between the employees' homes and the company's place of business or a public transportation station and in which the operating, administrative, maintenance and reasonable depreciation costs are paid principally by the persons utilizing the commuter van. (IVC Section 1-111.9)
"Contour Type Splash Guard" means rear fender splash guards that contour the wheel. The splash guard shall have a lip or flange on its outside edge to minimize side throw and splash. The lip or flange shall extend toward the center of the wheel, and shall be perpendicular to and extend not less than 2 inches below the inside or bottom surface line or plane of the guard. These contour type splash guards may be constructed of either a rigid or flexible material, but shall be attached in such a manner that, regardless of movement either by the splash guards or the vehicle, the splash guards will retain their general parallel relationship to the tread surface of the tire or wheel under all ordinary operating conditions. (See Section 12-710(a) of the Illinois Vehicle Equipment Law for a more detailed description.)
"Contract Carrier" means a vehicle designed to carry 15 or fewer passengers that is owned by a third party company that is contracted to transport employees of another company in the course of their employment.
"Cord" means a filament or strand of nonrubbery material woven with others or laid parallel with others to form a layer or ply in a tire carcass.
"Department" means the Department of Transportation of the State of Illinois, acting directly or through its duly authorized officers and agents. (IVC Section 1-115.05)
"Exhaust System" means the manifold and piping leading from the exhaust ports of the engine to and including the muffler, resonator and tail piping. The exhaust system includes each component used to conduct exhaust from an engine exhaust port to an authorized exit point, including each sealing, connecting and supporting component.
"First Division Vehicle" means those motor vehicles that are designed for the carrying of not more than 10 persons, including the driver. (IVC Section 1-217)
"Flap type splash guard" means rear fender splash guards that are wide enough to cover the full tread width of the tire or tires being protected. They shall be so installed that they extend from the underside of the vehicle in a vertical plane behind the rear wheels to within 12 inches of the ground when the vehicle is loaded to maximum legal capacity. Flap type splash guards may be constructed of either a rigid or flexible material. (See Section 12-710(b) of the Illinois Vehicle Equipment Law for a more detailed description.)
"FMVSS" means the rules and standards set forth in 49 CFR 571 and known as the Federal Motor Vehicle Safety Standards.
"Fuel Storage and Delivery System" means the fuel tank, fuel pump and necessary piping to carry the fuel from the tank to the fuel intake system.
"Gross Vehicle Weight Rating" or "GVWR" means the value specified by the manufacturer as the loaded weight of the vehicle. (See IVC Section 1-124.5.) (The vehicle's GVWR is located on the federal certification label affixed to the vehicle by the manufacturer.)
"Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or located on public school property. (IVC Section 1-129)
"Illinois Vehicle Equipment Law" means 625 ILCS 5/Ch. 12.
"Interstate" or "Interstate Commerce" means transportation between 2 or more states or transportation originating in one state and passing into or through other states for delivery in another state, and that is not intrastate. (IVC Section 1-133)
"Intrastate" or "Intrastate Commerce" means transportation originating at any point or place within this State and destined to any other point or place within this State, irrespective of the route, highway or highways traversed, and including transportation that passes into or through another state before delivery is made within this State, and including any act of transportation that includes or completes a pickup within Illinois for delivery within Illinois. (IVC Section 1-134)
"Limousine" means any privately owned First Division vehicle intended to be used for the transportation of persons for-hire when the payment is not based on a meter charge, but is prearranged for a designated destination. (IVC Section 1-139.1)
"Medical Carrier" means any publicly or privately owned vehicle that is specifically designed, constructed or modified and equipped, and is intended to be used for, and is maintained or operated for, the nonemergency transportation of persons for compensation for the purpose of obtained medical services. (IVC Section 1-142.1)
"Medical Transport Vehicle" includes ambulances, medical carriers and rescue vehicles. (IVC Section 1-142.2)
"Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than 3 wheels in contact with the ground, but excluding an autocycle or tractor. (IVC Section 1-147)
"Multifunction School Activity Bus" or "MFSAB" means a school bus manufactured for the purpose of transporting 11 or more persons, including the driver, whose purposes do not include transporting students to and from home or school bus stops. An MFSAB is prohibited from meeting the special requirements for school buses in IVC Sections 12-801, 12-802(a), 12-803 and 12-805. (IVC Section 1-148.3a5)
"Ply" means a layer of rubber-coated parallel or woven cords, including those laid under a tread in the form of a circumferential belt.
"Recut" or "Regroove" means the deliberate deepening of existing tread grooves or tread wear indicators by cutting, burning or other means or the deliberate forming (by cutting, burning or other means) of a groove or grooves other than the groove molded by the tire manufacturer or retreader.
"Rescue Vehicle" means any publicly or privately owned vehicle that is specifically designed, configured and equipped for the performance of access and extrication of persons from hazardous or life-endangering situations, as well as for the emergency transportation of persons who are sick, injured, wounded or otherwise incapacitated or helpless. (IVC Section 1-171.8)
"Rim" means the metal that supports a tire and that is located between the tire and either the wheel disc or the wheel spokes when on a road wheel. The rim may be integral with, permanently or temporarily attached to, or separate from the wheel.
"Second Division Vehicle" means those motor vehicles that:
are designed for carrying more than 10 persons;
are designed or used for living quarters;
are designed for pulling or carrying property, freight or cargo;
are of the First Division remodelled for use and used as motor vehicles of the Second Division; and
are of the First Division used and registered as school buses. (IVC Section 1-217)
"Separation" means a parting or pulling away from the adjacent portion of the tire material or carcass.
"Sidewall" means the portion of a tire between tread and bead.
"Special Vehicles" means those vehicles listed in Section 438.10.
"Tandem Axles" means any two or more single axles whose centers are more than 40" and not more than 96" apart, measured to the nearest inch between extreme axles in the series, except as provided in IVC Section 15-111 for special hauling vehicles. (IVC Section 1-204.3)
"Tie Bar" means rubber that is molded across a tread groove and braces or stabilizes adjacent tread elements.
"Tow Truck" means every truck designed or altered and equipped for and used to push, tow, carry upon or draw vehicles by means of a crane, hoist, towbar, towline or auxiliary axle, or carried upon to render assistance to disabled vehicles, except for any truck tractor temporarily converted to a tow truck by means of a portable wrecker unit attached to the fifth wheel of the truck tractor and used only by the owner to tow a disabled vehicle also owned by him or her and never used for hire. (IVC Section 1-205.1)
"Tread" means the thickness of the tire rubber that is located outside the carcass and that normally comes into contact with the roadway as the inflated tire wears during use.
"Tread Element" means a distinct portion of the tread (such as a rib, lug or knob) that comes into contact with the surface of a smooth, paved road while the properly inflated tire carries its normal service load.
"Tread Groove" means an elongated void area in a tread that may extend circumferentially or laterally about the tread in a straight, curved or zigzag manner.
"Tread Groove Depth" means the shortest distance from a plane in tangential contact with two adjacent tread elements to the bottom of the tread groove that is located between the adjacent tread elements.
"Tread Wear Indicator" means a molded hump that stands 2/32" above the bottom of a tread groove.
"Truck" means every motor vehicle designed, used or maintained primarily for the transportation of property. (IVC Section 1-211)
"Vehicle" means every device, in, upon or by which any person or property is or may be transported or drawn upon a highway or requiring a certificate of title under IVC Section 3-101(d), except devices moved by human power, devices used exclusively upon stationary rails or tracks, and snowmobiles as defined in the Snowmobile Registration and Safety Act [625 ILCS 40].
For the purposes of this Part, unless otherwise prescribed, a device shall be considered to be a vehicle until such time it either comes within the definition of a junk vehicle, as defined in IVC Section 1-134.1, or a junking certificate is issued for it.
For this Part, vehicles are divided into two divisions:
First Division: Those motor vehicles that are designed for the carrying of not more than 10 persons.
Second Division: Those vehicles that are:
designed for carrying more than 10 persons;
designed or used for living quarters;
designed for pulling or carrying property, freight or cargo;
of the First Division remodelled for use and used as motor vehicles of the Second Division; and
of the First Division used and registered as school buses. (IVC Section 1-217)
"Wheelchair Securement Anchorages" means the provision for transferring wheelchair securement loads to the vehicle structure; commonly referred to as fastening devices. (See 49 CFR 571.222.)
"Wheelchair Securement Device" means a strap, webbing or other device used for securing a wheelchair to the vehicle, including all necessary buckles and other fasteners. (See 49 CFR 571.222.)
##### **92 Ill. Adm. Code 438.30** Incorporation by Reference of Federal Regulations {#sec-438.30 omnilex-key=us-il-regs-official--title-92--438.30}
a) Each vehicle subject to this Part must conform to the applicable provisions of the Federal Motor Vehicle Safety Standards (FMVSS) (49 CFR 571.1 through 571.500). Those applicable provisions of the FMVSS are incorporated by reference as that part of the FMVSS was in effect on October 1, 2020. No later amendments to or editions of 49 CFR 571 are incorporated.
b) Copies of the materials incorporated by reference are available for inspection at 2300 S. Dirksen Parkway, Springfield, Illinois 62764 or by calling 217/785-1181. The federal standards are available on the National Archives and Records Administration's website at http://ecfr.gpoaccess.gov.
**History**
- *Source: Amended at 45 Ill. Reg. 4916, effective April 5, 2021*
##### **92 Ill. Adm. Code 438.40** General Requirements {#sec-438.40 omnilex-key=us-il-regs-official--title-92--438.40}
a) Only vehicles without cargo may be tested.
b) Vehicles having a compartmentalized body containing tools or other working equipment (such as vehicles operated by telephone, gas, electric companies, etc.) that do not exceed the maximum capabilities of the testing equipment may be tested.
c) Vehicles equipped with permanently mounted equipment, such as a compressor, winch or lifting device, and licensed with weight plates that do not exceed the maximum capabilities of the testing equipment, may be tested.
d) If the station owner believes the total weight or size of a vehicle might damage the station or the testing equipment, he/she may refuse to test the vehicle. If the station owner accepts a vehicle for testing, he/she must assume total liability for damages to the station or the testing equipment caused by vehicle build, weight or mass.
e) Motorcycles are subject only to the applicable requirements in Appendix H(d)(1)(D) and Appendix J(b).
##### **92 Ill. Adm. Code 438.APPENDIX** A Battery or Batteries Through Exhaust System {#sec-438.appendix omnilex-key=us-il-regs-official--title-92--438.APPENDIX}
a) BATTERY OR BATTERIES
PROCEDURES/SPECIFICATIONS:
A minimum of one battery must be installed. Two or more suitably connected batteries may also be installed.
Battery or batteries must be securely mounted and free of excessive corrosion.
REJECT VEHICLE IF:
Battery or batteries are not securely mounted or are excessively corroded.
b) BATTERY CABLES
PROCEDURES/SPECIFICATIONS:
Check condition.
REJECT VEHICLE IF:
Cables are corroded or are not securely attached.
c) BRAKES
1) SERVICE BRAKES (AIR)
PROCEDURES/SPECIFICATIONS:
Must be equipped with service brakes on all wheels. (See IVC Section 12-301(a)(5).)
Service brakes must provide braking action on any axle required to have brakes. Application of service brakes could cause the vehicle to reduce speed without creating steering problems. All brake components must be in good condition. Brake linings or pads must be clean, securely attached and of sufficient thickness. There must be no mismatch of air chamber sizes and slack adjuster lengths across the steering axle of any power unit.
Exception: If the vehicle was manufactured before July 25, 1980 and has 3 or more axles, brakes are not required on the front wheels. However, if two of those axles are steerable, one of them shall have brakes on all wheels.
AGENCY NOTE: Prior to inspecting any components located under the vehicle, be sure wheels have been chocked.
Observe braking action while service brakes are applied. Inspect for the absence of braking action on any axle required to have brakes. An example of absent braking action includes missing brakes or brake shoes that fail to move upon application of a wedge, S-cam, cam or disc brake.
When the following brake components are visible, inspect for good working condition and secure attachment:
Shoes
Lining
Pads
Springs
Anchor Pins
Spiders
Cam Shaft Support Brackets
Cam Rollers
Push Rods (Air Only)
Air Chamber (includes Mounting Bolts) (Air Only)
Inspect air brake chamber for any audible air leaks (examples include ruptured diaphragm, loose chamber clamp, etc.).
REJECT VEHICLE IF:
Absence of braking action on any axle required to have brakes.
Visible brake components are broken or not secure.
Audible air leak at brake chamber.
Brake Performance Test
PROCEDURES/SPECIFICATIONS:
If Using Drive-On Pad Type Brake Tester:
Check vehicle's stopping ability before testing.
Drive vehicle onto brake machine pads at 4 through 8 m.p.h.
Apply service brakes to bring vehicle to a halt. Do not lock wheels.
Note the braking forces registered by the brake machine.
If Using Roll-On Type Tester:
Each axle must be tested separately. Transmission must be in neutral when testing brakes on any drive axle. Check vehicle's stopping ability before testing.
Drive front axle onto rollers and start roller motor.
Apply service brakes but do not lock the wheels.
Note the braking forces registered by the brake machine.
Repeat the above steps for each axle.
The total braking force on a vehicle must be determined by adding the results of the test on each axle.
REJECT VEHICLE IF:
Drive-On Tester:
Machine does not register a total braking force of at least 60% of the vehicle empty weight. Braking forces at opposite wheels on same axle vary more than 20%.
Computerized tester does not register a total braking force of at least 45% of the vehicle empty weight.
Roll-On Tester:
Machine does not register a total braking force of at least 60% of the vehicle empty weight. Braking forces at opposite wheels on same axle vary more than 20%.
2) Brake Linings AND Pads
Inspect brake linings and pads for firm attachment to the brake shoe.
Inspect linings and pads for oil, grease or brake fluid saturation.
Measure brake linings for minimum thickness:
Air drum brakes – thickness must measure at least ¼ inch at the shoe center.
Air disc brakes – thickness must measure at least ⅛ inch.
Hydraulic brake linings or pad thickness must measure more than 1/16 inch.
REJECT VEHICLE IF:
Any brake lining or pad is not securely attached to the shoe.
Any brake lining or pad is saturated with oil, grease and/or brake fluid.
Brake linings with a thickness less than ¼ inch at the shoe center for air drum brakes; less than ⅛ inch for air disc brakes; 1/16 inch or less for hydraulic brake linings or pads.
3) AIR CHAMBER SIZE AND SLACK ADJUSTOR LENGTH
PROCEDURES/SPECIFICATIONS:
Inspect the steering axle to determine if air chamber sizes and slack adjuster lengths are the same.
REJECT VEHICLE IF:
Air chamber sizes and slack adjuster lengths are not the same on the steering axle.
4) PARKING BRAKE SYSTEM
PROCEDURES/SPECIFICATIONS:
Upon actuation of the parking brake control, including driveline hand controlled parking brakes, the brakes must be activated on the vehicle.
Apply parking brake control and determine if brakes have been activated.
REJECT VEHICLE IF:
Brakes on the vehicle are not activated when parking brake controls are applied.
Actuating mechanism does not fully release when brake control is operated.
5) BRAKE DRUMS OR ROTORS
PROCEDURES/SPECIFICATIONS:
The brake drums and rotors shall be free of cracks that open when brakes are applied. The brake drums and rotors shall not have any portion missing or in danger of falling away.
Inspect brake drums and rotors for overall integrity to identify if any portions are missing or if there are any flexural cracks.
AGENCY NOTE: A flexural crack is a crack resulting from the drum or rotor being "flexed" at a turn or bend in the metal. Caution should be taken to insure that short hairline heat cracks are not confused with flexural cracks.
REJECT VEHICLE IF:
Any drum or rotor has a portion missing or in danger of falling away.
Any flexural crack in the drum or rotor opens when the brakes are applied.
6) Brake Hose
PROCEDURES/SPECIFICATIONS:
All brake hoses shall be properly connected and free from damage or leaks.
Inspect hose for damage extending through outer reinforcement ply.
Agency Note: Rubber impregnated fabric cover is not a reinforcement ply. Thermoplastic nylon may have braid reinforcement or color difference between cover and inner tube. Exposure of second color is cause for rejection.
Inspect for any bulge or swelling when air pressure is applied.
Inspect for any audible leaks.
Inspect for two hoses improperly joined, such as a splice made by sliding hose ends over a piece of tubing and clamping hose to tube.
Inspect for cracked, broken or crimped hoses.
REJECT VEHICLE IF:
An audible leak is present in brake hoses.
A bulge or swell is present when air pressure is applied.
Hoses are cracked, broken or crimped.
7) BRAKE TUBING
PROCEDURES/SPECIFICATIONS:
Brake tubing must be free of leaks and damage from heat and must not be cracked, broken or crimped.
Inspect brake lines throughout the vehicle with special attention to areas where tubing may be subjected to stress to identify:
Any audible leaks;
Cracked tubing;
Tubing damaged by heat; or
Broken or crimped tubing.
REJECT VEHICLE IF:
Brake tubing:
Leaks;
Is damaged from heat; or
Is cracked, broken or crimped.
8) LOW PRESSURE WARNING DEVICE
PROCEDURES/SPECIFICATIONS:
The low pressure warning device must be properly installed and in good working condition.
Complete the following steps to evaluate the low pressure warning device:
Start the engine.
Apply service brakes and release until air compressor is activated.
Continue to run engine until compressor cut out pressure is reached.
Record compressor cut out pressure.
Shut off engine.
Apply brakes and release until low air pressure warning device functions.
Determine if low pressure warning device (audible or visible) is missing or inoperative.
Record the reading found on the pressure gauge at which the low pressure warning device functions.
REJECT VEHICLE IF:
Missing or inoperative low pressure warning device.
Low pressure warning device does not operate at 55 psi or one half cut-out pressure, whichever is less.
9) AIR COMPRESSOR
PROCEDURES/SPECIFICATIONS:
Air compressor must be securely mounted with brackets, braces or adapters in good order and with the pulley and belts in proper condition.
Visually inspect air compressor to identify:
Loose air compressor mounting bolts;
Air compressor mounting brackets, braces or adapters that are cracked or broken;
Drive belts in condition of impending or probable failure; or
Cracked, broken or loose pulley.
REJECT VEHICLE IF:
Air compressor is not securely mounted.
Mounting brackets, braces or adapters are cracked or broken.
Drive belt or belts in condition of impending or probable failure.
Pulley is cracked, broken or loose.
10) HYDRAULIC BRAKES (INCLUDING POWER ASSIST OVER HYDRAULIC AND ENGINE DRIVE HYDRAULIC BOOSTER)
PROCEDURES/SPECIFICATIONS:
A hydraulic brake system must have a sufficient supply of brake fluid. Fluid lines and hoses must be in good working order, with no leaks. Components must function as required.
Examine the hydraulic brake system to determine if the:
Master cylinder fluid is not below the manufacturer's minimum indicator line.
Brake pedal has no reserve when engine is running, except by pumping pedal.
Power assist unit fails to operate.
Brake hoses seep or swell with application of brake pressure.
Metering valve is missing or inoperative (if vehicle is so equipped).
Examine the hydraulic brake system to determine if:
A leak is observed in the brake system.
Any brake hose is abraded or chafed through outer cover-to-fabric layer.
Any fluid line or connections are leaking, restricted, crimped, cracked or broken.
Brake failure or low fluid warning light is on or inoperative.
REJECT VEHICLE IF:
Master cylinder fluid is below the manufacturer's minimum indicator line.
Brake pedal has no reserve when engine is running, except by pumping pedal.
The power assist unit fails to operate.
Brake hoses seep or swell with the application of brake pressure.
The metering valve is missing or inoperative (if vehicle is so equipped).
A leak is present in the brake system.
Any brake hose is abraded or chafed through outer cover-to-fabric layer.
Any fluid line or connections are leaking, restricted, crimped, cracked or broken.
Brake failure or low fluid warning light or lights are on or inoperative.
11) VACUUM BRAKE SYSTEMS
PROCEDURES/SPECIFICATIONS:
Any vacuum system must have sufficient vacuum reserve to permit one full application of brakes after engine is shut off. Hoses and lines must be in good condition. Any full vacuum system must be equipped with an operative low vacuum warning device.
Determine that sufficient vacuum reserve is present after engine is shut off to allow one application of brakes.
Examine hoses and lines. Insure that the lines and hoses contain:
No restrictions;
No abrasions (chafing) through outer cover to cord ply;
No crimps, cracks or breaks; or
Any area of collapse in the hose when vacuum is applied.
Physically examine the low vacuum warning device (if vehicle is so equipped) to insure that it is present and operable.
REJECT VEHICLE IF:
Insufficient vacuum reserve for one application of brakes.
Any condition listed in the third paragraph above is present.
Missing or inoperable low vacuum warning devices.
d) BUMPERS
PROCEDURES/SPECIFICATIONS:
Inspect front bumper for secure attachment. Inspect rear bumper, if vehicle is so equipped. (See Section 438.20 for definition of bumper.)
Exception: Vehicles with a GVWR of more than 9,000 lbs. are exempt from having a rear bumper. (See Section 12-608(a) of the Illinois Vehicle Equipment Law.)
REJECT VEHICLE IF:
The front bumper is missing or loosely attached. If vehicle is required to have a rear bumper, it is missing or loosely attached.
e) DOORS
PROCEDURES/SPECIFICATIONS:
If vehicle is equipped, inspect door latches and handles for proper operation.
REJECT VEHICLE IF:
The door does not operate properly (if the vehicle is so equipped).
f) EXHAUST SYSTEM
PROCEDURES/SPECIFICATIONS:
If vehicle is so equipped, inspect the manifold, muffler, resonator, all pipes, gaskets and supporting hardware.
The exhaust system must be located outside the vehicle's body and attached securely to the vehicle.
The exhaust system must not leak and must discharge outside the perimeter of the vehicle's body or must meet manufacturer's original design.
REJECT VEHICLE IF:
Any part of the system is not securely supported.
Any part of the system is leaking.
Any part of the system contains holes not made by manufacturer.
Any part of the system passes through the passenger compartment.
Exhaust discharge does not exit outside the perimeter of the vehicle's body or does not meet manufacturer's original design.
Any exposed exhaust stack does not have a protective shield or insulated lining to prevent burns.
##### **92 Ill. Adm. Code 438.APPENDIX** B Fenders Through Hood {#sec-438.appendix omnilex-key=us-il-regs-official--title-92--438.APPENDIX}
a) FENDERS
PROCEDURES/SPECIFICATIONS:
Inspect for the presence of front and rear fenders. Verify fenders are securely attached to the vehicle.
REJECT VEHICLE IF:
Any fender is missing or not securely attached to the vehicle.
b) Floor, FireWall and Occupant Compartment
PROCEDURES/SPECIFICATIONS:
Inspect floor, firewall and occupant compartment for holes or openings that permit exhaust gases to enter the occupant compartment.
REJECT VEHICLE IF:
Holes or openings are present in the floor, firewall or occupant compartment that permit exhaust gases to enter the occupant compartment.
c) Frame, Cab and Body
PROCEDURES/SPECIFICATIONS:
Inspect frame, subframe, unibody and chassis cross-member assemblies.
Inspect cab and body attachments.
REJECT VEHICLE IF:
Frame, subframe, unibody or cross-member is cracked, broken, loose, sagging, rusted through or missing.
Body bolts or brackets (to chassis) are loose, cracked, broken or missing.
Body spacer block is missing or body is not level with chassis.
Cab or body is loose on chassis.
d) FUEL STORAGE AND DELIVERY SYSTEM
PROCEDURES/SPECIFICATIONS:
Inspect support straps, tube clamps, fuel tank vent hoses and tubes for leaks and secure mounting.
Inspect the fuel tank or any exhaust additive tank to make certain they are securely attached to the vehicle.
Confirm that the fuel filler cap is present and capable of being tightened (if the vehicle is so equipped).
REJECT VEHICLE IF:
There is fuel leakage at any point in the system.
Any part of the system is not securely fastened.
Fuel filler cap is missing, leaking or not able to be tightened (if the vehicle is so equipped).
e) HOOD
PROCEDURES/SPECIFICATIONS:
Open hood and inspect safety catch for proper operation. Close hood and inspect for proper full closure.
REJECT VEHICLE IF:
Hood does not open or hood latch does not securely hold hood in its proper fully-closed position.
Secondary or safety catch does not function properly.
##### **92 Ill. Adm. Code 438.APPENDIX** C Horn Through Seat, Driver's {#sec-438.appendix omnilex-key=us-il-regs-official--title-92--438.APPENDIX}
a) HORN
PROCEDURES/SPECIFICATIONS:
At least one horn shall be provided giving an audible warning at a distance of 200 feet and shall be conveniently controlled from the driver's seated position. (See Section 12-601 of the Illinois Vehicle Equipment Law.)
REJECT VEHICLE IF:
Horn control is:
Missing;
Defective;
Not audible; or
Not readily accessible from the driver's seated position.
b) LIGHTS
Light Emitting Diode (LED) lights that conform to applicable FMVSS are acceptable. Two or more lights or reflectors may be combined if the requirements for each light or reflector are met. However, no clearance light shall be combined with a tail light. (See 49 CFR 571.108 - S6.3.) This subsection (b) provides minimal lighting requirements that must be met to pass inspection. Additional lights that are not required by this subsection are not subject to inspection or rejection criteria.
AGENCY NOTE: The following devices shall be excluded when measuring the vehicle's width:
Exterior, side-mounted mirror assemblies;
Side-mounted turn signals;
Front and rear bumpers;
Flexible fender skirts or moldings;
Side-mounted clearance lights and reflectors; and
Any other required light or device.
1) Backup
PROCEDURES/SPECIFICATIONS:
At least one white light shall be provided. Must conform to federal standard 49 CFR 571.108.
Exception: Vehicles manufactured prior to 1968 are exempt.
REJECT VEHICLE IF:
Backup light:
Is missing;
Does not function properly; or
Is an improper color.
2) Clearance, Front
PROCEDURES/SPECIFICATIONS:
One amber light on each side, for a total of two front clearance lights. The lights must be located on the same level as high as practicable on the vertical centerline to indicate the width of the vehicle.
Must conform to federal standard 49 CFR 571.108. May be combined with sidemarker light provided the requirements for both lights are met.
Exception: Vehicles that measure less than 80 inches wide are exempt.
REJECT VEHICLE IF:
Front clearance lights:
Are missing;
Do not function properly;
Are not in correct location; or
Are an improper color.
3) Clearance, Rear
PROCEDURES/SPECIFICATIONS:
One red light on each side, for a total of two rear clearance lights. The lights must be located on the same level as high as practicable on the vertical centerline to indicate the overall width of the vehicle.
Must conform to federal standard 49 CFR 571.108.
Exception: Vehicles that measure less than 80 inches wide are exempt.
REJECT VEHICLE IF:
Rear clearance lights:
Are missing;
Do not function properly;
Are not in correct location; or
Are an improper color.
4) Identification (Cluster), Front
PROCEDURES/SPECIFICATIONS:
Three amber lights mounted on the vertical centerline of the vehicle. All 3 lights must be located on the same level and as close as practicable to the top of the vehicle. The lamp centers must be spaced not less than 6 inches or more than 12 inches apart.
Must conform to federal standard 49 CFR 571.108.
Exception: Vehicles that measure less than 80 inches wide are exempt.
REJECT VEHICLE IF:
Front identification lights:
Are missing;
Do not function properly;
Are not in correct location; or
Are an improper color.
5) Identification (Cluster), Rear
PROCEDURES/SPECIFICATIONS:
Three red lights mounted on the rear vertical centerline of the vehicle. One light must be located as close as practicable to the vehicle's vertical centerline. One light must be located on each side with lamp centers spaced not less than 6 inches or more than 12 inches apart. All 3 lights must be located on the same level as close as practicable to the top of the vehicle.
Must conform to federal standard 49 CFR 571.108.
Exception: Vehicles that measure less than 80 inches wide are exempt.
REJECT VEHICLE IF:
Rear identification lights:
Are missing;
Do not function properly;
Are not in correct location; or
Are an improper color.
6) Headlights
PROCEDURES/SPECIFICATIONS:
At least two headlights that function, at a minimum, on the low beam setting must be located on the front of the vehicle at the same height with an equal number at each side of the vertical centerline as far apart as practicable.
The headlights must be located not less than 22 inches nor more than 54 inches above the road surface, measured from the center of the lamp at curb height.
Headlights must be securely attached.
Must conform to federal standard 49 CFR 571.108.
REJECT VEHICLE IF:
Headlights:
Are missing;
Do not function properly;
Are not in correct location; or
Are not securely attached.
7) License Plate
PROCEDURES/SPECIFICATIONS:
One white light located at rear license plate to illuminate the license plate from the top or sides.
Must conform to federal standard 49 CFR 571.108. May be combined with one of the tail lights.
REJECT VEHICLE IF:
License plate light:
Is missing;
Does not function properly;
Is not in correct location; or
Is an improper color.
8) Parking Lights
PROCEDURES/SPECIFICATIONS:
One white or amber light on each side, for a total of two front parking lights. The lights must be located on the front of the vehicle on each side of the vertical centerline as far apart as practicable.
The parking lights must be located between 15 to 72 inches above the road surface, measured from the center of the lamp at curb height.
Must conform to federal standard 49 CFR 571.108.
Exception: Vehicles 80 or more inches in overall width are exempt.
REJECT VEHICLE IF:
Parking lights:
Are missing;
Do not function properly;
Are not in correct location; or
Are an improper color.
9) Sidemarker, Front
PROCEDURES/SPECIFICATIONS:
One amber light mounted as far to the front as practicable on each side of the vehicle, for a total of two front sidemarker lights.
The sidemarker lights must be located not less than 15 inches above the road surface measured from the center of the lamp at curb height.
Must conform to federal standard 49 CFR 571.108.
REJECT VEHICLE IF:
Front sidemarker lights:
Are missing;
Do not function properly;
Are not in correct location; or
Are an improper color.
10) Sidemarker, Rear
PROCEDURES/SPECIFICATIONS:
One red light mounted as far to the rear as practicable on each side of the vehicle, for a total of two rear sidemarker lights.
The sidemarker lights must be located not less than 15 inches above the road surface measured from the center of the lamp at curb height.
On the rear of a trailer, the rear sidemarker lights cannot be more than 60 inches above the road surface measured from the center of the lamp at curb height.
Must conform to federal standard 49 CFR 571.108.
REJECT VEHICLE IF:
Rear sidemarker lights:
Are missing;
Do not function properly;
Are not in correct location; or
Are an improper color.
11) Stop
PROCEDURES/SPECIFICATIONS:
One red light on each side of the rear vertical centerline of the vehicle, for a total of two rear stop lights. The stop lights must be located at the same height and as far apart as practicable.
The stop lights must be located between 15 and 72 inches above the road surface, measured from the center of the lamp at curb height.
Must conform to federal standard 49 CFR 571.108.
For vehicles with an overall width of less than 80 inches, a high mounted stop light is required (may be two lights).
REJECT VEHICLE IF:
Stop lights:
Are missing;
Do not function properly;
Are not in correct location; or
Are an improper color.
12) Tail
PROCEDURES/SPECIFICATIONS:
One red light on each side of the rear vertical centerline of the vehicle, for a total of two rear tail lights. The tail lights must be located at the same height and as far apart as practicable.
The tail lights must be located between 15 and 72 inches above the road surface, measured from the center of the lamp at curb height.
Must conform to federal standard 49 CFR 571.108.
REJECT VEHICLE IF:
Tail lights:
Are missing;
Do not function properly;
Are not in correct location; or
Are an improper color.
13) Turn Signal, Front
PROCEDURES/SPECIFICATIONS:
One amber light located on each side of the vertical centerline of the vehicle, for a total of two front turn signal lights. The turn signals must be located at the same height and as far apart as practicable.
The front turn signals must be located not less than 15 nor more than 83 inches above the road surface, measured from the center of the lamp at curb height. The lights may be located on the fender or the cowl, if practicable.
Must conform to federal standard 49 CFR 571.108.
REJECT VEHICLE IF:
Front turn signal lights:
Are missing;
Do not function properly;
Are not in correct location; or
Are an improper color.
14) Turn Signal, Rear
PROCEDURES/SPECIFICATIONS:
One amber or red light located on each side of the vertical centerline of the vehicle, for a total of two rear turn signal lights. The turn signals must be located at the same height and as far apart as practicable.
The rear turn signals must be located on the same level between 15 and 83 inches above the road surface, measured from the center of the lamp at curb height.
Must conform to federal standard 49 CFR 571.108.
REJECT VEHICLE IF:
Rear turn signal lights:
Are missing;
Do not function properly;
Are not in correct location; or
Are an improper color.
15) Warning Hazards, Front and Rear
PROCEDURES/SPECIFICATIONS:
Operate four-way warning hazard lights to check performance of front and rear lights.
Must conform to federal standard 49 CFR 571.108.
REJECT VEHICLE IF:
Four-way warning hazards do not operate properly.
c) MIRRORS
AGENCY NOTE: Driver education training vehicles must comply with the mirror requirements in Appendix H(c).
1) Buses and Trucks
PROCEDURES/SPECIFICATIONS:
Every bus and truck shall be equipped with two rear-vision mirrors, one at each side, securely attached to the outside of the motor vehicle, and so located as to reflect to the driver a view of the highway to the rear, along both sides of the vehicle.
Rear-vision mirrors and their replacements shall conform to, at a minimum, the requirements of 49 CFR 571.111 in force at the time the vehicle was manufactured.
Exception: Only one outside mirror is required, located on the driver's side, on trucks that are so constructed that the driver has a view to the rear by means of an interior mirror.
REJECT VEHICLE IF:
Required mirrors:
Are missing;
Are not in correct location;
Are not securely attached;
Are obstructed;
Are cracked, pitted or clouded; or
Do not adjust.
2) All Other Special Vehicles
PROCEDURES/SPECIFICATIONS:
Exterior Rear View, Left Side
Every motor vehicle operated singly or when towing another vehicle shall be equipped with a mirror so located as to reflect to the driver's view of the highway for a distance of at least 200 feet to the rear of such motor vehicle. (IVC Section 12-502) From the seated driver's position, visually inspect the exterior mirror on driver's side for a clear and reasonably unobstructed view to the rear. Look for the mirror's correct location, secure attachment and adjustability.
Interior Rear View
From the seated driver's position, visually inspect interior mirror for correct location, secure attachment and adjustability.
If interior rearview mirror does not provide a clear view of the highway for a distance of at least 200 feet to the rear of the vehicle, an exterior rearview mirror shall be located on the right side of the vehicle.
Exterior Rear View, Right Side (Optional)
If the mirror is required, inspect the exterior mirror on passenger's side for secure attachment, adjustability and a clear and reasonably unobstructed view to the rear.
REJECT VEHICLE IF:
Required mirrors:
Are missing;
Are not in correct location;
Are not securely attached;
Are obstructed;
Are cracked, pitted or clouded; or
Do not adjust.
d) PEDALS (ACCELERATOR, SERVICE BRAKE, CLUTCH, EMERGENCY/PARKING BRAKE)
PROCEDURES/SPECIFICATIONS:
Brake pedal must be covered with rigid nonslip material.
Manufactured extensions are allowed. Brake pedal extensions must be covered with nonslip material. Nonmanufactured pedal extensions are prohibited.
REJECT VEHICLE IF:
Brake pedal is not covered with rigid nonslip material.
Manufactured pedal extensions are not securely attached.
Pedal extensions are not from a manufacturer.
e) REFLECTORS
Two or more lights or reflectors may be combined if the requirements for each light or reflector are met. (See 49 CFR 571.108 - S6.3.)
1) Left and Right Side, Front
PROCEDURES/SPECIFICATIONS:
One amber reflector shall be located on the left and right sides of the vehicle. The reflectors shall be no more than 12 inches from the front on each side. The reflectors must be mounted at a height not less than 15 inches and not more than 60 inches above the surface of the road. (See IVC Section 12-202.)
REJECT VEHICLE IF:
Reflectors are missing.
Reflective material is damaged.
Reflectors are not located or positioned as required.
2) Left and Right Side, Midpoint
PROCEDURES/SPECIFICATIONS:
On any vehicle more than 30 feet long, one amber reflector must also be provided at or near midpoint between front and rear side reflectors on both sides of the vehicle. (See 49 CFR 571.108.)
REJECT VEHICLE IF:
Reflectors are missing.
Reflective material is damaged.
Reflectors are not located or positioned as required.
3) Left and Right Side, Rear
PROCEDURES/SPECIFICATIONS:
One red reflector shall be located on the left and right sides of the vehicle. The reflectors shall be no more than 12 inches from the rear on each side. The reflectors must be mounted at a height not less than 15 inches and not more than 60 inches above the surface of the road. (See IVC Section 12-202.)
REJECT VEHICLE IF:
Reflectors are missing.
Reflective material is damaged.
Reflectors are not located or positioned as required.
4) Rear
PROCEDURES/SPECIFICATIONS:
Two red reflectors on rear body within 12 inches of lower right and lower left corners. (See IVC Section 12-202.)
Exception: Vehicles that measure less than 80 inches wide are exempt.
REJECT VEHICLE IF:
Reflectors are missing.
Reflective material is damaged.
Reflectors are not located or positioned as required.
f) SEAT, DRIVER'S
PROCEDURES/SPECIFICATIONS:
Inspect the driver's seat for proper operation of adjusting mechanism and verify that the seat is securely anchored to the floor.
REJECT VEHICLE IF:
Adjusting mechanism for driver's seat slips out of position.
Seat is not securely anchored to the floor.
##### **92 Ill. Adm. Code 438.APPENDIX** D Seat Belts Through Suspension System {#sec-438.appendix omnilex-key=us-il-regs-official--title-92--438.APPENDIX}
a) SEAT BELTS
PROCEDURES/SPECIFICATIONS:
When seat belts are present, they must be securely attached and adjustable and must function properly. Seat belts must not be cracked, broken, frayed or torn.
REJECT VEHICLE IF:
Seat belts are:
Not secured;
Not adjustable;
Cracked, broken, frayed, torn; or
Do not function properly.
b) STEERING SYSTEM
1) GENERAL REQUIREMENTS
PROCEDURES/SPECIFICATIONS:
All steering system components must be capable of free movement.
Instruct a second person to move the steering mechanism from one extreme position to the other while observing the movement.
Inspect all steering system components for any modification or other condition that interferes with free movement.
REJECT VEHICLE IF:
Any modification or other condition exists that interfered with the free movement of any steering component.
2) Steering Wheel Free Play
PROCEDURES/SPECIFICATIONS:
Steering wheel free play must be maintained within specified limits.
When testing for steering wheel free play on vehicles equipped with power steering, the engine must be running.
Complete the following procedures to determine amount of steering wheel free play:
Move the steering wheel one direction until movement of tires is detected.
Make a chalk mark on the steering wheel at the 12 o'clock position.
Move the steering wheel in the opposite direction until movement of the tires is again detected and then make a second chalk mark at the 12 o'clock position.
Measure the distance between the two marks to determine the steering wheel free play, using the table below to determine if the vehicle is within specified limit.
The steering wheel free play will be maintained in accordance with the following table:
Steering Wheel Diameter
Manual Steering System
Power Steering System
16"
2"
4½"
18"
2¼"
4¾"
20"
2½"
5¼"
22"
2¾"
5¾"
REJECT VEHICLE IF:
Steering wheel freeplay is beyond specified limits listed above.
3) Steering Column
PROCEDURES/SPECIFICATIONS:
The steering wheel and column must be in good condition and properly secured.
Inspect U-bolts and positioning parts for looseness or absence. Tilt-type column must lock in at least one position.
If visible, inspect universal joints for faulty or worn condition or obvious repair welding.
Inspect steering wheel for secure attachment.
REJECT VEHICLE IF:
Steering column has any missing or loose U-bolts or positioning parts.
Tilt-type column does not lock in at least one position.
Steering column has worn, faulty or obviously repair-welded universal joints.
Steering wheel is not properly secured.
4) Front Axle Beam and all Steering Components Other Than Steering Column
PROCEDURES/SPECIFICATIONS:
Front axle beam and all steering components, other than steering column, must be free of any cracks or any obvious welded repairs.
Inspect beam and components for any cracks.
Inspect beam and components for any obvious welded repairs.
REJECT VEHICLE IF:
Any cracks are present on the front axle beam or any steering component, other than steering column.
Any obvious welded repairs on front axle beam or on any steering component, other than steering column.
5) BALL JOINTS
PROCEDURES/SPECIFICATIONS:
Raise vehicle to unload the ball joints (brakes should be applied to eliminate wheel bearing looseness). Either grasp wheel at top and bottom or use a bar for leverage. Attempt to rock wheel in and out. Check movement at extreme top or bottom of tire.
REJECT VEHICLE IF:
Wheel bearing movement exceeds ¼ inch.
Ball joints or fasteners are damaged, loose or missing.
AGENCY NOTE: Do not confuse wheel bearing movement with ball joint movement.
6) king pins AND WHEEL BEARINGS
PROCEDURES/SPECIFICATIONS:
Raise vehicle to unload the king pins (brakes should be applied to eliminate wheel bearing looseness). Either grasp wheel at top and bottom or use a bar for leverage. Attempt to rock wheel in and out. Check for movement at extreme top or bottom of tire. Measure movement.
REJECT VEHICLE IF:
Wheel bearing movement exceeds ¼ inch.
King pin movement exceeds:
Wheel Size
(in inches)
Max. Allowed
(in inches)
16 or less
¼
16.1 to 18
⅜
over 18
½
King pins are damaged.
Fasteners are damaged, loose or missing.
7) STEERING GEAR BOX
PROCEDURES/SPECIFICATIONS:
The steering gear box and mounting brackets must be free of any cracks. All steering gear box mounting bolts must be present and securely attached.
Inspect mounting bolts for their presence and secure attachment.
Inspect gear box and mounting brackets for any cracks.
REJECT VEHICLE IF:
Any mounting bolts are loose or missing.
Any cracks in gear box or mounting brackets.
8) PITMAN ARM
PROCEDURES/SPECIFICATIONS:
The pitman arm on the steering gear output shaft must be securely attached.
Inspect the pitman arm on the steering gear output shaft for any looseness.
REJECT VEHICLE IF:
Pitman arm on the steering gear output shaft is loose.
9) POWER STEERING
PROCEDURES/SPECIFICATIONS:
Inspect power steering lines and steering gear box for severe leakage (not slight dampness) and proper fill level (i.e., manufacturer's designated indicator line).
Inspect the power steering cylinder for secure attachment.
Inspect the auxiliary power assist cylinder for any looseness.
REJECT VEHICLE IF:
Power steering fluid leaks severely (not slight dampness) or fluid level does not meet indicator line.
Power steering cylinder is not securely attached.
Auxiliary power assist cylinder is loose.
10) TIE ROD ENDS, DRAG LINK ENDS, STEERING DAMPER AND IDLER ARMS
PROCEDURES/SPECIFICATIONS:
All clamps, bolts and threaded joints of tie rod and drag links must be securely tightened.
While the vehicle is on the ground (not jacked up) inspect the tie rod ends, drag link ends, steering damper and idler arms while a second person moves the steering wheel from side to side.
Inspect clamps and clamp bolts for loose condition.
Inspect all threaded joints for loose condition.
Inspect ball and socket joints for movement.
REJECT VEHICLE IF:
Loose clamps or clamp bolts are not present.
Any threaded joint is loose.
Any movement under steering load of a ball and socket joint (i.e., tie rod ends and drag link ends). Any motion, other than rotational, between any linkage member and its attachment point of more than ¼ inch.
11) NUTS
PROCEDURES/SPECIFICATIONS:
All component nuts must be properly located on the tie rods, pitman arm, drag link, steering arm or tie rod arm and must be securely tightened.
Inspect nuts on tie rods, pitman arm, drag link, steering arm and tie rod arm for their presence and secure attachment.
REJECT VEHICLE IF:
Nuts are loose or missing on tie rods, pitman arm, drag link, steering arm or tie rod arm.
12) Toe-In/Toe-Out
PROCEDURES/SPECIFICATIONS:
AGENCY NOTE: Vehicles with an independent suspension on the front axle should not be driven over the wheel alignment indicator immediately after the front end has been raised. A false reading may occur if the vehicle front end is lowered and then within a few feet driven across the alignment indicator. The front wheels will not have had sufficient distance to resume their normal tracking. The vehicle should either be raised after crossing the wheel alignment indicator or should be backed up 10 feet or more before being driven forward across the indicator.
With wheels held in a straight ahead position, drive vehicle slowly over the approved drive-on side slip indicator (i.e., wheel alignment indicator).
Excessive toe-in or toe-out is a general indication that a complete check should be made of all front wheel alignment factors (caster, camber, steering axis inclination).
REJECT VEHICLE IF:
More than 30 feet per mile on the approved side slip indicator.
c) SUSPENSION SYSTEM
1) SHOCK ABSORBERS AND STRUTS
PROCEDURES/SPECIFICATIONS:
If vehicle is equipped, inspect the following components:
Shock absorbers;
Struts;
Mounts;
Mounting bolts; and
Rubber bushings.
REJECT VEHICLE IF:
Shocks or struts are missing, broken or have severe leakage (not slight dampness) (if vehicle is so equipped).
Mounts or mounting bolts are broken or loose.
Rubber bushing is partially or completely missing.
2) SPRINGS
A) Coil
PROCEDURES/SPECIFICATIONS:
Visually inspect:
Spring;
Control arms; and
Torque arms.
REJECT VEHICLE IF:
Coil is:
Missing;
Disconnected;
Broken;
Has loose bushings;
Is welded; or
Is damaged.
B) Leaf
PROCEDURES/SPECIFICATIONS:
With the vehicle on the ground (not jacked up), instruct a second person to rock the steering wheel and observe the side to side movement of the leaf spring, shackles and bushings from under the vehicle's hood.
The front of the vehicle must be jacked up on chassis for checking front suspension. With the use of a pry bar and using frame as a pivot, attempt to pry front and rear spring attachments and check for movement.
Inspect the following:
Bushings or pivot;
Center bolts;
Hangers;
Shackles;
Springs; and
U-bolts.
REJECT VEHICLE IF:
Springs are missing or broken (i.e., up and down movement is found);
Shackle, shackle pins, hangers, bushings or U-bolts are worn, loose or missing;
Center bolt in springs are sheared or broken;
Steering stops allow tire to rub on frame or metal; or
Any leaves are cracked or missing.
C) Torsion Bar
PROCEDURES/SPECIFICATIONS:
If vehicle is so equipped, visually inspect:
Torsion bar (includes bushings);
Mounting brackets;
Control arm;
Torque arm; and
Stabilizer bars.
REJECT VEHICLE IF:
Components are:
Missing;
Disconnected;
Broken;
Loose;
Welded; or
Damaged.
Bushings are worn or missing.
D) Air Suspension
PROCEDURES/SPECIFICATIONS:
Visually inspect:
Air bag/bellows;
Mountings;
Air lines; and
Leveling devices.
REJECT VEHICLE IF:
Air leaks are present.
Air bag/bellows are not properly inflated.
Vehicle is resting on one or both axles.
Vehicle is not level (tilting to either side).
Air bag/bellow belting is exposed.
Air lines are excessively worn.
Mountings are loose.
AGENCY NOTE: Pressure regulator valve should not allow air into the system until at least 55 p.s.i. is in braking system.
##### **92 Ill. Adm. Code 438.APPENDIX** E Tires Through Wiring System {#sec-438.appendix omnilex-key=us-il-regs-official--title-92--438.APPENDIX}
a) TIRES
1) Tires on Any Steering Axle of a Power Unit
PROCEDURES/SPECIFICATIONS:
All tires on any steering axle of a power unit must be in good condition and used correctly. There must be at least 4/32 inch tread depth without any mixing of tire construction on the same axle. Buses must not be equipped with recapped or retreaded tires on any steering axle.
The following procedures apply only to tires found on any steering axle of a power unit:
Measure the tread depth at any point on a major tread groove for at least 4/32 inch tread.
Inspect tread or sidewall for exposed body ply or belt material.
Inspect tread or sidewall for separation.
Inspect tire for cuts that expose ply or belt material.
Inspect tire for the label "Not For Highway Use" or any other marking that would exclude its use on a steering axle.
Inspect tire to determine if it is a "tube-type radial". If it is, it must have "radial tube stem" markings. These markings include a red band around the tube stem, the word "radial" embossed in metal stems, or the word "radial" molded in rubber stems.
Inspect for any mixing of bias and radial tires on the same axle.
Inspect for tire flap that protrudes through the valve slot in rim and touches the stem.
Inspect for regrooved tires.
Inspect tire for boot, blowout patch or other ply repair.
Inspect tire load limit to determine if weight carried exceeds limit. This includes overloaded tire resulting from low air pressure.
Inspect tire for flat condition or noticeable leak (i.e., can be heard or felt).
Inspect buses for recapped or retreaded tires on steering axle.
Inspect tires to determine if they are so mounted or inflated that they come in contact with any part of the vehicle.
REJECT VEHICLE IF:
The following criteria apply only to tires found on any steering axle of a power unit:
Any tire with less than 4/32 inch tread when measured at any point on a major tread groove.
Any tire that has body ply or belt material exposed through the tread or sidewall.
Any tire that has any tread or sidewall separation.
Any tire that has a cut where the ply or belt material is exposed.
Any tire that is labeled "Not for Highway Use" or displaying other marking which would exclude its use on a steering axle.
Any tire with a tube-type radial tire without radial tube stem markings. These markings include a red band around the tube stem, the word "radial" embossed in metal stems, or the word "radial" molded in rubber stems.
Any tire has bias and radial tires mixed on the same axle.
Any tire where the tire flap protrudes through the valve slot in the rim and touches the stems.
Any tire that has been regrooved on the steering axle.
Any tire with a boot, blowout patch or other ply repair.
Any tire in which the weight carried exceeds tire load limit. This includes overloaded tires resulting from low air pressure.
Any tire that is flat or has a noticeable leak (i.e., can be heard or felt).
Any tire on the steering axle of a bus that is recapped or retreaded.
Any tire that is so mounted or inflated that it comes in contact with any part of the vehicle.
2) All Tires Other Than Those Found on the Steering Axle of a Power Unit
PROCEDURES/SPECIFICATIONS:
All tires other than those found on the steering axle of a power unit must have at least 2/32 inch tread depth, be in good condition and be used correctly.
The following procedures apply to all tires other than those found on the steering axle of a power unit:
Inspect tire load limit to determine if weight carried exceeds limit. This includes overloaded tire resulting from low air pressure or tires of unequal size on the same side of the axle.
Inspect tire for flat condition or noticeable leak (i.e., can be heard or felt).
Inspect tread or sidewall for exposed body ply or belt material.
Inspect tread or sidewall for separation.
Inspect tire for cuts that expose ply or belt material.
Inspect tires to determine if they are so mounted or inflated that they come in contact with any part of the vehicle, including a tire that contacts its mate.
Inspect tire for the marking "Not For Highway Use" or other marking having like meaning.
Measure tread depth at any point on a major tread groove for at least 2/32 inch tread.
REJECT VEHICLE IF:
The following criteria applies to all tires other than those found on the steering axle of a power unit:
Any tire in which the weight carried exceeds tire load limit. This includes overloaded tires resulting from low air pressure or tires of unequal size on the same side of the axle.
Any tire that is flat or has a noticeable leak (i.e., can be heard or felt).
Any tire that has body ply or belt material exposed through the tread of sidewall.
Any tire that has tread or sidewall separation.
Any tire that has a cut where the ply or belt material is exposed.
Any tire that is so mounted or inflated that it comes in contact with any part of the vehicle, including any tire that contacts its mate.
Any tire is marked "Not For Highway Use" or has other markings with like meaning.
Any tire with less than 2/32 inch tread when measured at any point on a major tread groove.
b) WARNING DEVICES
PROCEDURES/SPECIFICATIONS:
Warning devices shall consist of (at a minimum):
3 liquid-burning flares or 3 red electric lanterns or 3 portable red emergency reflectors that meet FMVSS 125.
3 red burning 15 minute fusees. (If red electric lanterns or portable red reflectors are used to meet the requirements of the above paragraph, fusees are not required.)
2 red cloth flags or 2 portable red emergency reflectors that conform to FMVSS 125 (in addition to the emergency reflectors authorized in the first paragraph above). (See IVC Section 12-702(a).)
REJECT VEHICLE IF:
Warning devices are missing.
Warning device kit is not complete.
c) WHEELS AND RIMS
1) Housings
PROCEDURES/SPECIFICATIONS:
Full open type attached to floor sheet to prevent water, fumes or dust from entering the body. Inspect wheel housing. Housing must not come in contact with any portion of the wheel or tire.
Inspect tire and road wheel assemblies.
REJECT VEHICLE IF:
Wheel housing contacts any portion of wheel or tire.
Wheel housings are not securely attached.
Holes are present.
A tire or wheel is rubbing against any portion of the suspension, chassis or body.
2) Lock or Side Ring
PROCEDURES/SPECIFICATIONS:
All lock and side rings must be in good condition, properly seated and matched correctly with other parts of the wheel and rim.
AGENCY NOTE: Caution must be taken around any lock ring damaged or not properly installed, as they can dislodge and cause injury.
Inspect lock or side rings for bent, broken, cracked or sprung condition.
Inspect lock or side rings for proper seating.
Inspect lock or side rings to determine if they are matched correctly with other wheel and rim parts.
REJECT VEHICLE IF:
Lock or side rings are bent, broken, cracked or sprung.
Improperly seated lock or side rings are present.
Lock or side rings are mismatched.
3) Wheels and Rims
PROCEDURES/SPECIFICATIONS:
All wheels and rims must be in good condition, with no elongated bolt holes.
Inspect wheels and rims for cracked or broken condition.
Inspect wheels and rims for elongated bolt holes.
REJECT VEHICLE IF:
Wheels or rims are cracked or broken.
Elongated bolt holes are present.
4) Fasteners (both Spoke and Disc Wheels)
PROCEDURES/SPECIFICATIONS:
All fasteners (both spoke and disc wheels) must be present, securely tightened, in good condition and effective.
Inspect all fasteners for their presence and secure tightness.
Inspect all fasteners for broken, cracked, stripped or any other ineffective condition.
REJECT VEHICLE IF:
Any missing or loose fasteners.
Any cracked, broken, stripped or otherwise ineffective fasteners.
5) Welds
PROCEDURES/SPECIFICATIONS:
All wheels and rims must be free of cracked welds and any improperly welded repairs.
Inspect any welds attaching disc wheel disc to rim.
Inspect any welds attaching tubeless demountable rim to adapter.
Inspect for welded repairs to any aluminum wheels on steering axles.
Inspect any steel disc wheels mounted on the steering axle for any welded repair other than disc to rim attachment.
REJECT VEHICLE IF:
Any cracks in welds attaching disc wheel disc to rim.
Any cracks in welds attaching tubeless demountable rim to adapter.
Any welded repair to aluminum wheels on a steering axle.
Any welded repair other than disc to rim attachment to steel disc wheels mounted on the steering axle.
d) WINDOWS OTHER THAN WINDSHIELD
PROCEDURES/SPECIFICATIONS:
Safety glazing is required in any opening where vehicle manufacturer installed glazing.
REJECT VEHICLE IF:
Glazing is missing (if vehicle is so equipped).
e) Windshield
PROCEDURES/SPECIFICATIONS:
Enforcement area does not include a two inch border at the top, a one inch border at each side and the area below the topmost portion of the steering wheel.
The following procedures apply:
Inspect windshield glazing for any discoloration.
Exception: Any coloring or tinting applied at time of manufacture is acceptable.
Inspect windshield glazing for any cracks.
Exception: A crack that measures less than ¼ inch wide and is not intersected by any other crack is acceptable.
Inspect windshield glazing for any damaged area.
Exception: A damaged area that measures no more than ¾ inch in diameter and is no closer than 3 inches to any other damaged area is acceptable.
Inspect windshield glazing for any vision reducing matter such as labels, stickers, decalcomania, etc.
Exception: Stickers required by law may be affixed at the bottom or sides of the windshield provided they do not extend upward more than 4½ inches from the bottom of the windshield and are located outside the driver's sight lines to the road and highway signs or signals.
REJECT VEHICLE IF:
Any discoloration of the windshield glazing exists (see exception listed above).
Any cracks exist on the windshield glazing (see exception listed above).
Any damaged areas exist on the windshield glazing (see exception listed above).
Any vision reducing matter such as labels, stickers, decalcomania, etc. located on the windshield glazing (see exception listed above).
f) WINDSHIELD WASHER
PROCEDURES/SPECIFICATIONS:
Windshield washer fluid must effectively clean entire area covered by both wipers.
REJECT VEHICLE IF:
Windshield washer fluid does not effectively clean entire area.
g) WINDSHIELD WIPERS
PROCEDURES/SPECIFICATIONS:
Wipers must be operable. Inspect metal parts of wiper blade or arm.
REJECT VEHICLE IF:
Windshield wipers do not cover entire cleaning area.
Blades are damaged, torn or hardened.
Rubber wiping element has broken down.
Metal parts of blade or arm are missing, severely damaged or contact glazing.
h) WIRING SYSTEM
PROCEDURES/SPECIFICATIONS:
Inspect the wires, supports and connections in the wiring system.
REJECT VEHICLE IF:
Wiring is frayed.
Wiring contacts any moving part of the vehicle.
##### **92 Ill. Adm. Code 438.APPENDIX** F Special Requirements for Buses (vehicles Manufactured to Transport 11 or More Passengers, Including the Driver) {#sec-438.appendix omnilex-key=us-il-regs-official--title-92--438.APPENDIX}
a) The requirements of this Appendix apply to the following types of buses listed in subsections (a)(1) through (a)(5). Any bus that is not listed in subsections (a)(1) through (a)(5) will be inspected according to either 92 Ill. Adm. Code 441, 443 and 445 (Inspection Procedures for School Buses); 92 Ill. Adm. Code 436 (Inspection Procedures for MFSABs that are manufactured on or after July 1, 2012 and that are owned or operated by or for schools K-12) or the appendix G Inspection Manual (49 CFR 399.appendix G).
1) Buses designed to transport 11-15 persons, including the driver;
2) Buses registered as charitable vehicles (except motorcoach-style buses and MFSABs that are manufactured on or after July 1, 2012 and that are owned or operated by or for schools K-12);
3) MFSABs manufactured prior to July 1, 2012 and owned or operated by a public or private school (K-12);
4) Religious organization buses (except motorcoach-style buses and MFSABs that are manufactured on or after July 1, 2012 and that are owned or operated by or for schools K-12); and
5) Senior citizen transport vehicles designed to transport 11-15 persons, including the driver.
b) In addition to Appendix A through Appendix E of this Part, buses listed in subsection (a) shall comply with the following:
1) EMERGENCY EXITS
A) IDENTIFICATION, INTERIOR
PROCEDURES/SPECIFICATIONS:
If the bus has a GVWR of more than 10,000 lbs., all exits that are labeled either "Emergency Door" or "Emergency Exit" are required to be marked with concise operating instructions describing each motion necessary to unlatch and open the exit. These operating instructions must be located within 6 inches of the release mechanism. (See 49 CFR 571.217 (S5.5.1).)
When a release mechanism is not located within an occupant space of an adjacent seat, a label shall be placed within the occupant space that indicates the location of the nearest release mechanism. (See 49 CFR 571.217 (S5.5.1).)
Buses with a GVWR of 10,000 lbs. or less are exempt from emergency exit labels and operating instructions. (See 49 CFR 571.217 (S5.5.1).)
If the bus is equipped with an emergency release handle for the service entrance door, concise operating instructions must be present within 6 inches (16 cm) of the release mechanism.
REJECT VEHICLE IF:
Emergency exits are not properly identified.
B) ALARMS AND LOCKS
PROCEDURES/SPECIFICATIONS:
If the bus is equipped with an emergency door lock, e.g., vandal lock, the bus must be equipped with the following:
The engine starting system shall not operate while any emergency exit door is locked from either inside or outside the bus. An alarm cut-off or "squelch" control is prohibited.
An audible alarm shall alert the driver when the engine is running and any emergency exit door is locked.
Exception: Buses with a GVWR of 10,000 lbs. or less are manufactured so that vandal locks are not necessary (i.e., the locking and unlocking of the vehicle's doors are controlled from the interior of the vehicle). However, if any bus is equipped with a vandal lock, the provisions of subsection (b)(1)(B) will apply.
REJECT VEHICLE IF:
Bus is not equipped with an alarm when the emergency door is locked.
Bus' engine starts while emergency door is locked.
C) OBSTRUCTIONS
PROCEDURES/SPECIFICATIONS:
Emergency exits must maintain an opening of at least 19 inches high by 13 inches wide.
REJECT VEHICLE IF:
Emergency exits are obstructed.
D) PROPER OPERATION
PROCEDURES/SPECIFICATIONS:
Operate emergency exit doors and windows.
REJECT VEHICLE IF:
Emergency exit door or window does not readily open and close.
2) FIRE EXTINGUISHER
PROCEDURES/SPECIFICATIONS:
Buses must be equipped with a fully charged fire extinguisher with a minimum rating of 10BC. The fire extinguisher must be mounted in bracket and readily accessible to the driver.
REJECT VEHICLE IF:
Fire extinguisher:
Is missing;
Does not meet the minimum rating of 10BC;
Is not fully charged;
Is not mounted in a bracket; or
Is not readily accessible to the driver.
3) LETTERING (EXTERIOR AND INTERIOR)
PROCEDURES/SPECIFICATIONS:
No bus inspected under this Section can display the words "SCHOOL BUS" at any location on the bus.
MFSABs that are owned or operated by or for public school districts, private schools or school transportation contractors (K-12) are subject to the following:
The MFSAB's weight and maximum passenger capacity recommended by the manufacturer shall be painted on the exterior of the body to the left of the service door in letters at least 2 inches high.
The name of the owner or the entity for which the MFSAB is operated, or both, shall be painted in a contrasting color on both sides, centered as high as practicable below the window line, in letters at least 4 inches high on the exterior of the body.
An identification number shall be painted as high as practicable on both the front and rear exterior surface of the MFSAB in letters at least 4 inches high.
"NO STANDEES" is required on the interior bulkhead above the windshield in letters at least 2 inches high.
MFSABs will also be required to display the decal "TO COMMENT ON MY DRIVING CALL" or "TO REPORT ERRATIC DRIVING CALL", followed by the area code and phone number of the MFSAB owner. The decal must be white with black lettering and black numerals that measure one inch high. The decal shall be located on the rear window glazing below the rear seat back, on the MFSAB body below the rear window line, or on the rear bumper. The decal must be visible to the motoring public from the rear of the bus and cannot obstruct any required lettering or numerals. The decal cannot be located on any emergency door glazing or any emergency window glazing. Magnetic signs are prohibited.
Exception: If an MFSAB is being presented for inspection by a dealer or a manufacturer prior to delivery to the owner, the "TO COMMENT ON MY DRIVING CALL" or "TO REPORT ERRATIC DRIVING CALL" decal is optional. (If the decal is not present when the MFSAB is purchased, the decal must be applied by the MFSAB owner.)
Decals may be used instead of painting.
REJECT VEHICLE IF:
"SCHOOL BUS" is displayed at any location on the bus.
Required lettering is not present.
Required lettering is not painted on or is not displayed in decals.
4) LIGHTS AND LENSES
PROCEDURES/SPECIFICATIONS:
Inspect the bus for the presence of the following prohibited lights or lenses:
Functioning strobe light (not required to be removed).
Yellow and/or red alternately flashing warning lights.
Red lenses on the front of the bus.
REJECT VEHICLE IF:
Bus is equipped with prohibited lighting.
PROCEDURES/SPECIFICATIONS:
Inspect religious organization buses for the presence of an optional 4-light unison flashing amber signal system.
Two lights at the front and two at the rear of the bus may be mounted as high and as widely spaced laterally on the same level as is practicable.
Each light must be a sealed beam at least 5½ inches in diameter and have sufficient intensity to be visible at 500 feet in normal sunlight.
The system shall be actuated only by means of a manual switch.
There shall be a device for indicating to the driver that the system is operating properly or is inoperative.
REJECT VEHICLE IF:
Religious organization buses' warning lights, if installed:
Are not amber in color;
Do not operate in unison; or
Do not meet size, type or location requirements.
Device for indicating to the driver that the system is operating properly is not present or is inoperative.
5) SEATS, PASSENGER AND DRIVER
PROCEDURES/SPECIFICATIONS:
Inspect the driver's seat for proper operation of adjusting mechanism and to see that it is securely anchored to floor.
Inspect each passenger seat to make sure it is securely anchored to the floor.
REJECT VEHICLE IF:
Driver's seat does not adjust.
Seats are not securely anchored to floor.
6) STEPS AND FLOOR COVERING
PROCEDURES/SPECIFICATIONS:
If a center aisle is present, the entrance steps and aisle must be free of rips and holes.
REJECT VEHICLE IF:
A center aisle is present and the entrance steps or aisle floor covering is ripped, torn or has holes.
7) STOP SIGNAL ARM PANEL AND NATIONAL SCHOOL BUS GLOSSY YELLOW: PROHIBITED ITEMS
PROCEDURES/SPECIFICATIONS:
Inspect the bus for the presence of the following prohibited items:
Stop signal arm panel; and
Paint that resembles national school bus glossy yellow.
REJECT VEHICLE IF:
Stop signal arm panel or paint that resembles national school bus glossy yellow is present on the bus.
8) WHEELCHAIR LIFT, RAMP, SECUREMENT ANCHORAGES AND DEVICES
PROCEDURES/SPECIFICATIONS:
If the bus is equipped with an operating lift or ramp, wheelchair securement anchorages and wheelchair securement devices must be present.
REJECT VEHICLE IF:
Vehicle is equipped with an operating lift or ramp but wheelchair securement anchorages or securement devices are missing.
9) HAND SANITIZER DISPENSER (OPTIONAL)
PROCEDURES/SPECIFICATIONS:
Dispenser must be securely installed in the driver/entry area, either behind the handrail or just to the right of the driver on the vertical portion of the dash in a location where hand sanitizer cannot drip or leak onto the entryway or passenger walkway. The dispenser must not be mounted as to cause a catch point to passengers as they enter or exit the bus.
Dispenser must be labeled with the words "sanitizer" or "hand sanitizer".
REJECT VEHICLE IF:
Dispenser is not securely installed in the driver/entry area, either behind the handrail or just to the right of the driver on the vertical portion of the dash.
Dispenser is installed in a location where it drips or leaks onto the entryway or passenger walkway.
Dispenser is mounted in a way to cause a catch point to passengers as they enter or exit the bus.
Required label is missing.
10) DRIVER PROTECTIVE BARRIER (OPTIONAL)
PROCEDURES/SPECIFICATIONS:
A driver protective barrier panel may be installed directly behind the driver. The panel must be mounted to the wall of the bus as flush as practicable. If installed, the passenger seat directly behind the driver must be rendered inoperative (this can be accomplished by removing the lower seat cushion) to comply with FMVSS 571.222. If the lower seat cushion is removed, all exposed seat frame must be padded in compliance with FMVSS 571.302. The panel shall be constructed of clear material compliant with FMVSS 571.302, such as polycarbonate. The end of the barrier panel exposed to the passenger compartment shall be secured to a padded stanchion extending from floor to the ceiling. The stanchion shall be attached to the roof bow or a reinforced panel in the ceiling and a solid connection point on the floor. The barrier panel shall be in compliance with FMVSS 571.302 and FMVSS 571.222.
REJECT VEHICLE IF:
The barrier is installed in a location other than directly behind the driver or not flush to the wall of the bus. The passenger seat directly behind the driver is operative with a barrier installed or the lower seat cushion has been removed with padding installed that is not in compliance with FMVSS 571.302. Barrier is not constructed, secured, or padded in compliance with FMVSS 571.222 and 571.302.
11) COVID-19 RELATED LETTERING/SIGNAGE (OPTIONAL)
PROCEDURES/SPECIFICATIONS:
Lettering/signage that relates to COVID-19 (e.g., assigned seating for students, social distancing, face coverings, guidelines adopted by the bus operator, etc.) may be installed on the interior of the bus. The lettering may be installed on the forward face of seat backs or seat cushions, ceiling, or bulkhead and shall not interfere with other required lettering.
REJECT VEHICLE IF:
Lettering or signage is installed on the exterior of the bus or in a place other than the forward face of seat backs or seat cushions, ceiling, or bulkhead.
Lettering or signage obstructs other required lettering.
**History**
- *Source: Amended at 45 Ill. Reg. 4916, effective April 5, 2021*
##### **92 Ill. Adm. Code 438.APPENDIX** G Special Requirements for Contract Carriers, First Division Vehicles Used to Transport School Children (k-12) and Limousines {#sec-438.appendix omnilex-key=us-il-regs-official--title-92--438.APPENDIX}
Follow the procedures listed in Appendix A through Appendix E.
##### **92 Ill. Adm. Code 438.APPENDIX** H Special Requirements for Driver Education Training Vehicles {#sec-438.appendix omnilex-key=us-il-regs-official--title-92--438.APPENDIX}
a) Driver education training vehicles are either used by public high schools or commercial driver training schools. The requirements and procedures are somewhat different for each. The Certified Safety Tester must establish which type driver education training vehicle is being inspected.
b) Driver education vehicles operated by public high schools are required to be inspected at Illinois Official Testing Stations at least every 12 months. (If the vehicle passes inspection, an annual certificate of safety will be awarded and shall be displayed.) The inspection is only required for vehicles over 5 model years of age or those having an odometer reading of over 75,000 miles, whichever occurs first.
c) Driver education training vehicles, including motorcycles, operated by commercial driver training schools are required to be inspected every six months. (The over 75,000 miles or over 5 model years' requirement does not apply.)
d) In addition to Appendix A through Appendix E, all driver education training vehicles shall comply with either subsection (d)(1) or subsection (d)(2).
1) DRIVER EDUCATION TRAINING VEHICLES OPERATED BY COMMERCIAL DRIVER TRAINING SCHOOLS
A) DUAL CONTROL SERVICE BRAKES
PROCEDURES/SPECIFICATIONS:
All driver education training vehicles must be equipped with dual control service brakes. Test the dual brake system in accordance with procedures under Brake Systems in Appendix A. Test the dual brake pedal for operation.
Exception: Motorcycles and vehicles that require the driver to obtain a Commercial Driver's License (CDL) are exempt.
REJECT VEHICLE IF:
The vehicle is not equipped, if required, with a dual braking system or the dual system is inoperative.
The dual brake system does not meet the requirements of Brake Systems in Appendix A.
The dual brake pedal does not function properly.
B) MIRRORS, EXTERIOR
PROCEDURES/SPECIFICATIONS:
All driver education training vehicles must be equipped with a mirror located on each side of the vehicle. The mirrors must reflect to the driver a view of the highway for a distance of at least 200 feet to the rear.
REJECT VEHICLE IF:
Mirrors are not mounted on stable supports.
Mirrors are loosely mounted.
Mirror or mirrors are obstructed.
Mirror or mirrors are cracked, pitted or clouded.
Mirror or mirrors are missing.
C) IDENTIFICATION SIGN OR SIGNS
PROCEDURES/SPECIFICATIONS:
Driver education training vehicles operated by commercial driver training schools must be equipped with a sign or signs visible from the front and the rear in letters no less than 2 inches tall listing the full name of the driver training school that has registered and insured the motor vehicle. Decals and magnets are acceptable. (See IVC Section 6-410.)
Exception: Motorcycles and vehicles that require the driver to obtain a CDL are exempt.
REJECT VEHICLE IF:
Identification sign, if required, is missing.
Sign is not visible from the front and the rear of the vehicle.
Sign does not meet size or lettering requirements.
D) MOTORCYCLES used by a commercial driver training school
i) BRAKES
PROCEDURES/SPECIFICATIONS:
Visually inspect braking system for leaks.
Apply front and/or rear brakes and attempt to roll vehicle.
AGENCY NOTE: Section 12-301(a)(2) of the Illinois Vehicle Equipment Law requires every motor-driven cycle, when operated upon a highway, to be equipped with at least one brake that may be operated by hand or foot.
REJECT VEHICLE IF:
Brake system leaks.
Vehicle rolls while brakes are being applied.
ii) Control Levers
PROCEDURES/SPECIFICATIONS:
Operate control levers to verify they are functioning properly and are in working condition.
REJECT VEHICLE IF:
Control levers do not function properly or are not in working condition.
iii) Frame
PROCEDURES/SPECIFICATIONS:
Inspect frame for cracks.
REJECT VEHICLE IF:
Frame is cracked.
iv) Fuel System
PROCEDURES/SPECIFICATIONS:
Inspect fuel system for leaks.
REJECT VEHICLE IF:
Fuel system leaks.
v) Horn
PROCEDURES/SPECIFICATIONS:
A horn shall be provided giving an audible warning at a distance of 200 feet and shall be conveniently controlled from the driver's seated position. (See Section 12-601 of the Illinois Vehicle Equipment Law.)
REJECT VEHICLE IF:
Horn control is missing or defective.
Horn is not audible.
vi) Lights
PROCEDURES/SPECIFICATIONS:
Inspect the required headlight and rear tail light. Inspect the optional rear stop/brake light and turn signals (front and rear), if the motorcycle is so equipped. (See Sections 12-201 and 12-208 of the Illinois Vehicle Equipment Law.)
REJECT VEHICLE IF:
Lights do not function properly (includes optional lights).
Lenses are cracked or broken (includes optional lights).
Headlight color is not white; rear tail light color is not red.
Stop/brake light and/or rear turn signal lights are not red, if motorcycle is so equipped.
Front turn signals are not amber, if vehicle is so equipped.
vii) Steering Head Bearings
PROCEDURES/SPECIFICATIONS:
Apply front brake, if vehicle is so equipped, and turn handle bars left to right to inspect for looseness in the head bearing assembly.
REJECT VEHICLE IF:
Bearings on the vehicle bind when the handle bars are turned.
Head bearing assembly is loose.
viii) Suspension
PROCEDURES/SPECIFICATIONS:
Inspect the suspension for broken or loose components.
REJECT VEHICLE IF:
Suspension components are broken, loose or do not function properly.
ix) Switches
PROCEDURES/SPECIFICATIONS:
Inspect the headlamp and key switches.
REJECT VEHICLE IF:
Wiring to switches is frayed or switches do not function.
x) Tires
PROCEDURES/SPECIFICATIONS:
Inspect tire for proper inflation (i.e., flat tire).
Inspect for visible cord damage and exposure of ply cords in sidewalls and treads, including belting material cords.
Inspect for evidence of tread or sidewall separation.
Inspect tire for the label "Not For Highway Use" or any other marking that would exclude its use on a motorcycle.
Inspect tire to determine if it is a "tube-type radial". If it is, it must have "radial tube stem" markings. These markings include a red band around the tube stem, the word "radial" embossed in metal stems, or the word "radial" molded in rubber stems.
Measure the tread depth on the front and rear tires for at least 1/32 inch tread.
REJECT VEHICLE IF:
Improper inflation (flat tire).
A broken or cut cord can be seen. Rubber is worn, cracked, cut or otherwise deteriorated or damaged so that a cord can be seen, either when the tire is not touched or when the edges of the crack, cut or damage are parted or lifted by hand.
Tire has bump, bulge, knot or other evidence of partial carcass failure, air seepage or loss of adhesion between carcass and tread or sidewall.
Any tire that is labeled "Not for Highway Use" or displaying other markings that would exclude its use on a motorcycle.
Any tire with a tube-type radial tire without radial tube stem markings. These markings include a red band around the tube stem, the word "radial" embossed in metal stems, or the word "radial" molded in rubber stems.
Tread depth measures less than 1/32 inch on either front or rear tire.
xi) Wheels and Spokes
PROCEDURES/SPECIFICATIONS:
Inspect the vehicle's wheels and spokes for cracked, loose, broken or missing components.
REJECT VEHICLE IF:
Wheels or spokes are cracked, broken, loose or missing.
2) DRIVER EDUCATION TRAINING VEHICLES OPERATED BY PUBLIC HIGH SCHOOLS
A) PROOF OF OWNERSHIP FOR CARS OWNED OR OPERATED BY PUBLIC HIGH SCHOOLS
PROCEDURES/SPECIFICATIONS:
Driver education cars that are owned or operated by a public high school will not be issued a registration card from the Secretary of State's Office (SOS). SOS validates the Driver Education License Plates Request/Renewal Form (the Form) and returns the Form to the school district. The vehicle's Vehicle Identification Number (VIN) is not provided on the Form.
Accept an SOS validated and completed copy of the Driver Education License Plates Request/Renewal Form as proof of ownership for driver education cars owned or operated by public high schools. These vehicles will also be exempt from having the VIN documented on the proof of ownership.
AGENCY NOTE: Driver education cars owned by commercial driver training schools are not exempt from any proof of ownership requirements.
REJECT VEHICLE IF:
Driver does not present an SOS validated and completed copy of the Driver Education License Plates Request/Renewal Form.
B) DUAL CONTROL SERVICE BRAKES
PROCEDURES/SPECIFICATIONS:
All driver education training vehicles (except motorcycles) must be equipped with dual control service brakes. Test the dual brake system in accordance with Brake Systems in Appendix A.
REJECT VEHICLE IF:
The vehicle is not equipped with a dual braking system or if the dual system is inoperative.
The dual brake system does not meet the requirements of Brake Systems in Appendix A.
C) MIRRORS, EXTERIOR
PROCEDURES/SPECIFICATIONS:
All driver education training vehicles must be equipped with a mirror located on each side of the vehicle. The mirrors must reflect to the driver a view of the highway for a distance of at least 200 feet to the rear.
REJECT VEHICLE IF:
Mirrors are not mounted on stable supports.
Mirrors are loosely mounted.
Mirror or mirrors are obstructed.
Mirror or mirrors are cracked, pitted or clouded.
Mirror or mirrors are missing.
D) IDENTIFICATION SIGN OR SIGNS
PROCEDURES/SPECIFICATIONS:
Driver education training vehicles operated by public high schools must be equipped with a sign or signs that are visible from the front and the rear identifying the vehicle as a driver education vehicle. Decals or magnets are acceptable. (See IVC Section 13-101.)
REJECT VEHICLE IF:
Identification sign is missing.
Sign is not visible from the front and the rear of the vehicle.
##### **92 Ill. Adm. Code 438.APPENDIX** I Special Requirements for Medical Transport Vehicles (ambulances, Medical Carriers and Rescue Vehicles) {#sec-438.appendix omnilex-key=us-il-regs-official--title-92--438.APPENDIX}
In addition to Appendix A through Appendix E, all medical transport vehicles shall comply with the following:
a) AMBULANCE REQUIREMENTS
1) REGISTRATION
PROCEDURES/SPECIFICATIONS
Each ambulance shall display special ambulance registration plates.
Check registration plates on ambulance.
REJECT VEHICLE IF:
Ambulance does not display ambulance license plates.
2) LIGHTS AND LAMPS
PROCEDURES/SPECIFICATIONS
Each ambulance must be equipped with at least one light that emits a bright oscillating, rotating or flashing red beam, directed in part to the front of the vehicle. The light or lights shall have sufficient intensity to be visible at 500 feet in normal sunlight. (See IVC Section 12-215.)
Inspect ambulance for required light.
REJECT VEHICLE IF:
Required light is absent or not in working condition.
3) SIREN
PROCEDURES/SPECIFICATIONS
Each ambulance must be equipped with a loud siren producing an audible signal of an intensity of 100 decibels at a distance of 50 feet from the siren.
Check ambulance for required siren.
REJECT VEHICLE IF:
Required siren is absent or not in working condition.
b) MEDICAL CARRIER REQUIREMENTS
1) SIREN, WHISTLE OR BELL
PROCEDURES/SPECIFICATIONS
Medical carriers are prohibited from having a siren, whistle or bell.
REJECT VEHICLE IF:
A siren, whistle or bell is present (does not include back-up alarm).
2) LIGHTS AND LAMPS
PROCEDURES/SPECIFICATIONS
Lights and Lamps:
A medical carrier may have a yellow (amber) oscillating, rotating or flashing light.
If the vehicle is so equipped, the amber oscillating, rotating or flashing light must be directed in part to the front of the vehicle. The light shall have sufficient intensity to be visible at 500 feet in normal sunlight. (See IVC Section 12-215.)
Turn Signals:
All turn signals may flash simultaneously on both sides to indicate the presence of a vehicular traffic hazard that requires unusual care in approaching, overtaking or passing.
Auxiliary Turn Signals:
A medical carrier may have auxiliary turn signals on the roof, or lower, if those signals are at the same height on each side. Front turn signals shall be yellow or white. Rear turn signals shall be either yellow or red. Auxiliary turn signals shall be actuated only by the same control that actuates the regular, or standard, turn signals.
Auxiliary (top) and standard (bottom) turn signals may alternately flash top and bottom, but not alternately right and left. Any auxiliary turn signals shall be actuated by the same control that causes the regular, or standard, turn signals to flash simultaneously on both sides as a vehicular hazard signal.
REJECT VEHICLE IF:
Any oscillating, rotating or flashing light is not yellow (or amber) or is not in working condition.
Any turn signal is at wrong height, or any turn signal is wrong color, or all turn signals do not operate from same control.
Lights flash alternately right and left, or any upper or lower pairs of turn signals do not flash simultaneously or all turn signals are not actuated by the same "hazard" control.
3) WHEELCHAIR LIFT, RAMP, SECUREMENT ANCHORAGES AND DEVICES
PROCEDURES/SPECIFICATIONS
If the vehicle is equipped with an operating lift or ramp, wheelchair securement anchorages and wheelchair securement devices must be present.
REJECT VEHICLE IF:
Vehicle is equipped with an operating lift or ramp but wheelchair securement anchorages or securement devices are missing.
c) RESCUE VEHICLE REQUIREMENTS
1) SIREN
PROCEDURES/SPECIFICATIONS
Rescue vehicles must have a loud siren producing an audible signal of an intensity of 100 decibels at a distance of 50 feet from the siren.
Inspect rescue vehicle for required siren.
REJECT VEHICLE IF:
Required siren is absent or not in working condition.
2) LIGHTS AND LAMPS
PROCEDURES/SPECIFICATIONS
Rescue vehicles must have at least one light that emits a bright oscillating, rotating or flashing red beam, directed in part to the front of the vehicle. The light or lights shall have sufficient intensity to be visible at 500 feet in normal sunlight. (See IVC Section 12-215.)
REJECT VEHICLE IF:
Required light is absent or not in working condition.
##### **92 Ill. Adm. Code 438.APPENDIX** J Special Requirements for Rebuilt Vehicles {#sec-438.appendix omnilex-key=us-il-regs-official--title-92--438.APPENDIX}
In addition to Appendix A through Appendix E, all rebuilt vehicles shall comply with the following:
a) PROOF OF OWNERSHIP
PROCEDURES/SPECIFICATIONS
The following documents are considered proof of ownership for rebuilt (salvaged) vehicles:
Illinois Salvage Certificate;
Illinois Certificate of Purchase;
Documentation on Illinois Secretary of State (SOS) letterhead declaring the vehice is required to be inspected at an Illinois Official Testing Station; or
Out-of-State Title Certificate or Salvage Certificate (see IVC Section 3-303).
Bills of sale or purchase receipts are not considered proof of ownership.
REJECT VEHICLE IF:
Driver does not present approved proof of ownership.
b) MOTORCYCLES
1) Brakes
PROCEDURES/SPECIFICATIONS:
Visually inspect braking system for leaks.
Apply front and/or rear brakes and attempt to roll vehicle.
AGENCY NOTE: Section 12-301(a)(2) of the Illinois Vehicle Equipment Law requires every motor-driven cycle, when operated upon a highway, to be equipped with at least one brake that may be operated by hand or foot.
REJECT VEHICLE IF:
Brake system leaks.
Vehicle rolls while brakes are being applied.
2) Control Levers
PROCEDURES/SPECIFICATIONS:
Operate control levers to verify they are functioning properly and are in working condition.
REJECT VEHICLE IF:
Control levers do not function properly or are not in working condition.
3) Frame
PROCEDURES/SPECIFICATIONS:
Inspect frame for cracks.
REJECT VEHICLE IF:
Frame is cracked.
4) Fuel System
PROCEDURES/SPECIFICATIONS:
Inspect fuel system for leaks.
REJECT VEHICLE IF:
Fuel system leaks.
5) Horn
PROCEDURES/SPECIFICATIONS:
A horn shall be provided giving an audible warning at a distance of 200 feet and shall be conveniently controlled from the driver's seated position. (See Section 12-601 of the Illinois Vehicle Equipment Law.)
REJECT VEHICLE IF:
Horn control is missing or defective.
Horn is not audible.
6) Lights
PROCEDURES/SPECIFICATIONS:
Inspect the required headlight and rear tail light. Inspect the optional rear stop/brake light and turn signals (front and rear), if the motorcycle is so equipped. (See Sections 12-201 and 12-208 of the Illinois Vehicle Equipment Law.)
REJECT VEHICLE IF:
Lights do not function properly (includes optional lights).
Lenses are cracked or broken (includes optional lights).
Headlight color is not white; rear tail light color is not red.
If motorcycle is so equipped, stop/brake light and/or rear turn signal lights are not red.
If vehicle is so equipped, front turn signals are not amber.
7) Steering Head Bearings
PROCEDURES/SPECIFICATIONS:
Apply front brake, if vehicle is so equipped, and turn handle bars left to right to inspect for looseness in the head bearing assembly.
REJECT VEHICLE IF:
Bearings on the vehicle bind when the handle bars are turned.
Head bearing assembly is loose.
8) Switches
PROCEDURES/SPECIFICATIONS:
Inspect the headlamp and key switches.
REJECT VEHICLE IF:
Wiring to switches is frayed.
Switches do not function.
9) Suspension
PROCEDURES/SPECIFICATIONS:
Inspect the suspension for broken or loose components.
REJECT VEHICLE IF:
Suspension components are broken, loose or do not function properly.
10) Tires
PROCEDURES/SPECIFICATIONS:
Inspect tire for proper inflation (i.e., flat tire).
Inspect for visible cord damage and exposure of ply cords in sidewalls and treads, including belting material cords.
Inspect for evidence of tread or sidewall separation.
Inspect tire for the label "Not For Highway Use" or any other marking that would exclude its use on a motorcycle.
Inspect tire to determine if it is a "tube-type radial". If it is, it must have "radial tube stem" markings. These markings include a red band around the tube stem, the word "radial" embossed in metal stems, or the word "radial" molded in rubber stems.
Measure the tread depth on the front and rear tires for at least 1/32 inch tread.
REJECT VEHICLE IF:
Improper inflation (flat tire).
A broken or cut cord can be seen. Rubber is worn, cracked, cut or otherwise deteriorated or damaged so that a cord can be seen, either when the tire is not touched or when the edges of the crack, cut or damage are parted or lifted by hand.
Tire has bump, bulge, knot or other evidence of partial carcass failure, air seepage or loss of adhesion between carcass and tread or sidewall.
Tread depth measures less than 1/32 inch on either front or rear tire.
11) Wheels and Spokes
PROCEDURES/SPECIFICATIONS:
Inspect the vehicle's wheels and spokes for cracked, loose, broken or missing components.
REJECT VEHICLE IF:
Wheels or spokes are cracked, broken, loose or missing.
##### **92 Ill. Adm. Code 438.APPENDIX** K Special Requirements for Tow Trucks Used in Intrastate Commerce {#sec-438.appendix omnilex-key=us-il-regs-official--title-92--438.APPENDIX}
In addition to Appendix A through Appendix E, all tow trucks used in intrastate commerce shall comply with the following:
AGENCY NOTE: Tow trucks used in interstate commerce are subject to the inspection criteria found in the federal Inspection Manual (49 CFR 399.appendix G).
a) BODY MOUNTS
PROCEDURES/SPECIFICATIONS:
Visually inspect all mounts that secure the cab and bed of the tow truck to the chassis.
REJECT VEHICLE IF:
Cab or bed of the tow truck is not securely attached to the chassis.
Body mounts are cracked or missing.
b) BODY PANELS
PROCEDURES/SPECIFICATIONS:
Visually inspect the tow truck to determine if all body panels are securely attached and not rusted to the point where they may separate from the vehicle.
REJECT VEHICLE IF:
Body panels are not securely attached to the tow truck.
c) FIRE EXTINGUISHER
PROCEDURES/SPECIFICATIONS:
Inspect for at least one fire extinguisher that displays an Underwriters' Laboratories rating of 4BC or larger.
REJECT VEHICLE IF:
Fire extinguisher is missing.
Fire extinguisher does not meet minimum rating requirement of 4BC.
d) SLING STRAPS
PROCEDURES/SPECIFICATIONS:
Visually inspect the sling straps to determine if excessive wear is present.
REJECT VEHICLE IF:
Sling straps are worn to a point that could create a hazard when a vehicle is in tow.
e) SPLASH GUARDS
It is unlawful for any person to operate any vehicle of the Second Division, except a truck tractor, upon any highway of Illinois unless such vehicle is equipped with rear fender splash guards of either the contour type or the flap type and which are so attached as to prevent the splashing of mud or water upon the windshield of other motor vehicles.
Section 12-710 of the Vehicle Equipment Law shall not apply to vehicles the construction or design of which does not require such splash guards, nor to vehicles in-transit, nor to pole trailers. (Section 12-710 of the Vehicle Equipment Law) (See Section 438.20 for the definitions of contour and flap type splash guards.)
PROCEDURES/SPECIFICATIONS:
Inspect the width of the splash guard to verify it is as wide as the tread of the tire.
Inspect for the presence of two splash guards (either contour or flap type) on both rear fenders.
Confirm the splash guards are securely attached and not excessively damaged.
REJECT VEHICLE IF:
Splash guards are not as wide as the tread of the tire (if guards are required).
Not equipped with splash guards on both rear fenders (if guards are required).
Splash guards are excessively damaged or are not securely attached (if guards are required).
f) WHEEL LIFT SWIVEL POINTS
PROCEDURES/SPECIFICATIONS:
Visually inspect the wheel lift swivel points to determine if they are securely attached to the tow truck. Also, visually inspect for cracks or binding at wheel lift swivel points.
REJECT VEHICLE IF:
Wheel lift is not securely attached to the tow truck.
Cracks are found at swivel points.
g) WINCH MOUNTINGS
PROCEDURES/SPECIFICATIONS:
Visually inspect the winch and winch mountings to determine if the winch is securely attached to the tow truck.
REJECT VEHICLE IF:
Winch mountings are loose or cracked.
Winch is not securely attached to the vehicle.
#### **Part 440** Minimum Safety Standards for Construction of Type I School Buses
##### **92 Ill. Adm. Code 440.10** Order {#sec-440.10 omnilex-key=us-il-regs-official--title-92--440.10}
The Department, through its Division of Traffic Safety, has the responsibility to ensure that the public and private agencies engaged in the transportation of passengers on school buses are cognizant of and meet minimum safety standards related to vehicle construction.
##### **92 Ill. Adm. Code 440.20** Guidelines {#sec-440.20 omnilex-key=us-il-regs-official--title-92--440.20}
This Part provides:
a) General information on the appropriate portions of the Illinois Vehicle Code [625 ILCS 5], the applicability of the standards to public and private agencies, the purpose of the standards and the scope of the standards.
b) Definitions of terms used in this Part.
c) Requirements for manufacturer's certification related to federal and State standards.
d) Federal and State standards applicable to the bodies of school buses.
e) Federal and State standards applicable to the chassis of school buses.
**History**
- *Source: Amended at 22 Ill. Reg. 19354, effective October 15, 1998*
##### **92 Ill. Adm. Code 440.30** Responsibilities {#sec-440.30 omnilex-key=us-il-regs-official--title-92--440.30}
The Bureau of Safety Programs, Division of Traffic Safety, is responsible for enforcement of these standards.
##### **92 Ill. Adm. Code 440.110** Purpose {#sec-440.110 omnilex-key=us-il-regs-official--title-92--440.110}
These standards are intended to heighten the safety of school bus passengers in compliance with the oft-expressed desires of parents and other promoters of school bus safety features.
##### **92 Ill. Adm. Code 440.120** Scope {#sec-440.120 omnilex-key=us-il-regs-official--title-92--440.120}
These standards show the basic federal motor vehicle safety standards that must be met and in addition set forth certain minimum requirements established by the State to govern aspects not governed by the federal motor vehicle safety standards. In compliance with the desires of school bus owners and operators, some of the State requirements relate to bus traffic characteristics and to durability and maintenance rather than to safety.
##### **92 Ill. Adm. Code 440.130** Applicability {#sec-440.130 omnilex-key=us-il-regs-official--title-92--440.130}
These standards apply to the construction of any new Type I School Bus obtained by a person or organization for operation on the public roads in Illinois. Requirements for body and chassis are stated separately, in order to facilitate application of the standards to the commonly used body-on-chassis bus. In the case of an integral type bus the body and chassis requirements (Subpart E & F) should be read together as one set of requirements. In any case, these standards apply to the completed bus.
##### **92 Ill. Adm. Code 440.140** Effective Date {#sec-440.140 omnilex-key=us-il-regs-official--title-92--440.140}
These standards become effective July 1, 1977, on each incomplete vehicle manufactured on or after April 1, 1977, and on each component either assembled to or altered on such incomplete vehicle so as to construct a school bus; provided, however, a new school bus constructed of an incomplete vehicle manufactured before April 1, 1977, may not be sold or used in Illinois if its final stage of manufacture is completed after October 1, 1977.
**History**
- *Source: Amended at 22 Ill. Reg. 19354, effective October 15, 1998*
##### **92 Ill. Adm. Code 440.150** Quantified Requirements {#sec-440.150 omnilex-key=us-il-regs-official--title-92--440.150}
Nearly all quantified requirements are stated in SI (metric) units as well as U.S. customary units. Where a requirement stated in U.S. customary units is not identical to the requirement stated in SI units, the SI requirement shall prevail.
##### **92 Ill. Adm. Code 440.160** Incorporation by Reference {#sec-440.160 omnilex-key=us-il-regs-official--title-92--440.160}
a) Each bus body and chassis must conform to the applicable provisions of the Federal Motor Vehicle Safety Standards (FMVSS) (49 CFR 571.1 through 571.404). Those applicable provisions of the FMVSS are incorporated by reference as that part of the FMVSS was in effect on October 1, 2007. No later amendments to or editions of 49 CFR 571 are incorporated.
b) Each bus body and chassis must conform to the applicable provisions of 49 CFR 567, Certification, and 49 CFR 568, Vehicles Manufactured in Two or More Stages, that were in effect on the first day of the month in which the chassis manufacturer completed the last manufacturing operation on the incomplete bus. Those applicable provisions are incorporated by reference as they were in effect on October 1, 2007. No later amendments to or editions of 49 CFR 567 and 49 CFR 568 are incorporated.
c) Each school bus must conform to the applicable Standards and Recommended Practices of the Society of Automotive Engineers Handbook (Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale PA 15096-0001, (724)776-4841). Those applicable provisions of the SAE Standards and Recommended Practices are incorporated by reference as of the 2005 edition date. No later amendments to or editions of the SAE Standards and Recommended Practices are incorporated.
d) Copies of the above materials incorporated by reference are available for inspection at the Division of Traffic Safety, 3215 Executive Park Drive, 3rd Floor, Springfield, Illinois 62703 or by calling (217)785-1181. The federal standards are available on the National Archives and Records Administration's website at http://ecfr.gpoaccess.gov. The Division of Traffic Safety's rules are available on the Department's website at http://www.dot.il.gov/safety.html .
**History**
- *Source: Amended at 32 Ill. Reg. 17983, effective November 10, 2008*
##### **92 Ill. Adm. Code 440.205** Dictionary Used {#sec-440.205 omnilex-key=us-il-regs-official--title-92--440.205}
Words and terms are used in the appropriate meaning defined in Webster's Third New International Dictionary of the English Language unless a different meaning is referred to or stated herein below.
##### **92 Ill. Adm. Code 440.210** Federal Definitions {#sec-440.210 omnilex-key=us-il-regs-official--title-92--440.210}
Terms are used as defined in 49 CFR 567, 568, or 571.
**History**
- *Source: Amended at 22 Ill. Reg. 19354, effective October 15, 1998*
##### **92 Ill. Adm. Code 440.220** State Definitions {#sec-440.220 omnilex-key=us-il-regs-official--title-92--440.220}
The terms referred to in Section 440.210 are applicable to this Section unless any definitions are displaced either by a statutory definition in 625 ILCS 5 or by a definition found in this Section:
"ANSI" means the American National Standards Institute (11 West 42nd Street, New York NY 10036).
"Body" means the portion of a bus that encloses the occupant and cargo spaces and separates those spaces from the chassis frame, engine compartment, driveline, and other chassis components, except certain chassis controls used by the driver.
"Body-on-Chassis" means a completed vehicle consisting of a passenger seating body mounted on a truck type chassis (or other separate chassis) so that the body and chassis are separate entities, although one may reinforce or brace the other.
"Child Check System" means an optional mechanical or electronic monitoring system used for ensuring that no passengers remain on the school bus at the end of a route, a work shift, or the work day. The system shall require the school bus driver to walk to the rear of the bus to deactivate the system before the driver leaves the bus. The vehicle's interior lights must illuminate when the ignition is turned off to assist the driver in seeing in and under the seats during a visual sweep of the bus. (See P.A. 95-0260, effective August 17, 2007.)
"Code" means the Illinois Vehicle Code [625 ILCS 5].
"Driver" means every person who drives or is in actual physical control of a vehicle. (Section 1-116 of the Code)
"Empty Weight" means the unloaded vehicle weight; i.e., the weight of a vehicle with maximum capacity of all fluids necessary for operation of the vehicle but without cargo or occupant (49 CFR 571.3), plus 350 lbs allowance for driver and equipment.
"FMVSS" means the Rules and Standards set forth in 49 CFR 571 and known as the Federal Motor Vehicle Safety Standards.
"Forward Control" means a configuration in which more than half of the engine length is rearward of the foremost point of the windshield base and the steering wheel hub is in the forward quarter of the vehicle length (49 CFR 571.3) − includes mid-engine and rear-engine "pusher" buses.
"Gross Vehicle Weight Rating" or "GVWR" means the value specified by the manufacturer as the loaded weight of the school bus. (See Section 1-124.5 of the Code.)
"Incomplete Vehicle" means an assemblage consisting, as a minimum, of frame and chassis structure, power train, steering system, suspension system, and braking system, to the extent that those systems are to be part of the completed vehicle, that requires further manufacturing operations (other than the addition of readily attachable components such as mirrors or tire and rim assemblies or minor finishing operations, such as painting) to become a completed school bus for use in Illinois. (Based on 49 CFR 568.3)
"Integral Type" bus means a completed vehicle either without separate body and chassis or with body and chassis joined into one unit.
"m", following a numeral, means either "meter" or "meters."
"mm", following a numeral, means either "millimeter" or "millimeters."
"Manufacturer" (unless otherwise indicated at the point of use) means the person or organization whose name follows "MANUFACTURED BY" OR "MFD BY" on the label required in Section 440.310.
"Multiple Glazed Unit" means two or more sheets of safety glazing material separated by air spaces and assembled in a common mounting (ANSI Z26.1-1996).
"Passenger" means every bus occupant who is not the driver.
"SAE" means the Society of Automotive Engineers (400 Commonwealth Drive, Warrendale PA 15096).
"School Bus" –
Every motor vehicle, except as provided below, owned or operated by or for any of the following entities for the transportation of persons regularly enrolled as students in grade 12 or below in connection with any activity of such entity:
Any public or private primary or secondary school;
Any primary or secondary school operated by a religious institution; or
Any public, private or religious nursery school.
This definition shall not include the following:
A bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interurban transportation of passengers when such bus is not traveling a specific school bus route but is:
On a regularly scheduled route for the transportation of other fare paying passengers;
Furnishing charter service for the transportation of groups on field trips or other special trips or in connection with other special events; or
Being used for shuttle service between attendance centers or other educational facilities.
A motor vehicle of the first division.
A motor vehicle designed for the transportation of not less than 7 nor more than 16 persons that is operated by or for a public or private primary or secondary school, including any primary or secondary school operated by a religious institution, for the purpose of transporting not more than 15 students to and from interscholastic athletic or other interscholastic or school sponsored activities. (Section 1-182 of the Code)
"SI" means Systeme International d'Unites (International System of Units); officially abbreviated SI in all languages; the modernized metric system defined in ANSI IEEE-ASTM-SI-10-1997.
The symbol ", following a numeral, means either "inch" or "inches."
"Type I School Bus" means a school bus with a GVWR of more than 10,000 pounds. (Section 1-213.4 of the Code)
"Type I-A School Bus" means a term commonly used by school bus manufacturers to classify a certain type of school bus that is a conversion or body constructed upon a van-type or cutaway front-section vehicle with a left side driver's door, designed for carrying more than 10 persons. The Type I-A school bus has a GVWR of more than 10,000 pounds.
"Type II School Bus" means a school bus with a GVWR of 10,000 pounds or less. (Section 1-213.5 of the Code)
**History**
- *Source: Amended at 32 Ill. Reg. 17983, effective November 10, 2008*
##### **92 Ill. Adm. Code 440.305** Certification by Manufacturer {#sec-440.305 omnilex-key=us-il-regs-official--title-92--440.305}
The manufacturer shall certify the bus conforms to the applicable federal standards in effect on the first day of the month shown in the statement, "This Vehicle Conforms To All Applicable Federal Motor Vehicle Safety Standards In Effect in (month, year)" on the label required under Section 440.310. The manufacturer must also certify that the bus conforms to all applicable State standards. (See Section 440.320.) The certification shall be present in the bus when delivered to the purchaser as well as when submitted to the safety test conducted under provisions of Section 13-109 of the Code [625 ILCS 5/13-109].
**History**
- *Source: Amended at 22 Ill. Reg. 19354, effective October 15, 1998*
##### **92 Ill. Adm. Code 440.310** Federal Standards {#sec-440.310 omnilex-key=us-il-regs-official--title-92--440.310}
The manufacturer, and all incomplete vehicle and intermediate manufacturers, shall comply with the applicable provisions of Part 567, "Certification", and Part 568, "Vehicles Manufactured in Two or More Stages", in Title 49 of the Code of Federal Regulations (49 CFR 567 & 568), including the permanent affixing of a label in conformance with the above mentioned federal regulations. This label shall constitute the manufacturer's certification to the People of the State of Illinois that the bus conforms to all applicable provisions of the Federal Motor Vehicle Safety Standards (49 CFR 571).
##### **92 Ill. Adm. Code 440.320** State Standards {#sec-440.320 omnilex-key=us-il-regs-official--title-92--440.320}
The manufacturer shall prepare a certification bearing his name, identifying the bus by Vehicle Identification Number (VIN), and stating the bus conforms to all applicable provisions of "Illinois Minimum Safety Standards For Construction of Type I School Buses" in effect on the first day of (month and year appearing in the statement quoted in Section 440.305, above or a later month). This certification shall be in the form of an additional label manufactured, lettered, and affixed in the same manner and location as the label required in Section 440.310, above.
##### **92 Ill. Adm. Code 440.405** Conformance to the Requirements {#sec-440.405 omnilex-key=us-il-regs-official--title-92--440.405}
At the time of the safety test conducted under provisions of Section 13-109 of the Code [625 ILCS 5/13-109], and when delivered to the purchaser, the body of each Type I School Bus shall conform to the requirements stated or referred to in this Subpart. Some chassis requirements also applicable to the body are stated or referred to herein.
**History**
- *Source: Amended at 22 Ill. Reg. 19354, effective October 15, 1998*
##### **92 Ill. Adm. Code 440.410** Incorporation by Reference of Federal Motor Vehicle Safety Standards (repealed) {#sec-440.410 omnilex-key=us-il-regs-official--title-92--440.410}
**History**
- *Source: Repealed at 31 Ill. Reg. 1881, effective January 8, 2007*
##### **92 Ill. Adm. Code 440.420** State Requirements {#sec-440.420 omnilex-key=us-il-regs-official--title-92--440.420}
Except for mirrors, which may project 153 mm (6") beyond each side of the bus, a school bus shall not exceed 2.44 m (8 feet) in width, 4.12 m (13 feet 6 inches) in height, nor 12.81 m (42 feet) in length. (Sections 15-102, 15-103 and 15-107 of the Code) Each bus body shall be constructed so as to preclude road splash, road dust, or the bus engine's fumes or gas entering either the driver, passenger, or service entrance space through any joint, crack, hole, or opening other than an opened door or window. In addition, various portions of the bus body shall conform to the requirements set forth under the following subsections.
a) Aisle. An aisle, easily negotiated ("easily negotiated" means that an aisle meets the dimension requirements set forth in this subsection from front of bus to back of bus) and free of tripping hazards ("tripping hazards" are tears, wrinkles and other imperfections in the floor covering material, or the floor itself causing the walking surface to be uneven), shall extend from the forward edge of the service entrance stairway to the emergency door in the rear of the bus or, when such door is absent, to the forward edge of the rearmost seat. This aisle shall be no less than 305 mm (12") wide at every location between floor covering and the top of each seat cushion and, in a bus manufactured in July 1987 or later, shall be no less than 380 mm (15") wide at and above a level 50 mm (2") below the top of any seat back. At least 1.75m (68.9") floor-to-ceiling height shall be provided above the entire required width of this aisle between the forward edge of the rearmost seat and the forward edge of the service entrance stairway. A dedicated aisle that conforms to 49 CFR 571.217 may be adjacent to any side emergency door.
b) Barriers, Guard. A restraining guard barrier shall be installed in front of the right and left front passenger seats. (See 92 Ill. Adm. Code 444 for exceptions for special education school buses.)
1) Barriers shall be constructed to guard passengers from being thrown into the stairwell, dash, windshield or driver's compartment. Barriers shall be padded to give knee and head impact protection. Barriers shall conform to S5.2 through S5.2.3 of FMVSS 222.
2) The vertical distance from the floor covering to the top of a barrier positioned in front of a student's seat shall measure not less than the vertical distance from the floor covering to the top of the seat back on the seat back installed behind that barrier.
c) Battery. Either one battery or two or more suitably connected batteries may be installed.
1) When rated in conformance with SAE Standard J537 (September 2000) the batteries shall provide a current flow for engine cranking no less than the engine manufacturer's recommended Cold Cranking Current (amperes for 30 seconds) at -18˚ C (0˚ F) or, at the purchaser's option, at
-29˚ C (-20˚ F).
2) When rated in conformance with SAE Standard J537 (September 2000) the batteries shall provide a Reserve Capacity (duration of 25 ampere current flow) at 27˚ C (80˚ F) no less than 135 minutes.
d) Battery Carrier. When the battery is mounted outside the engine compartment it shall be attached securely in a closed, weather-tight, and vented compartment that is located and arranged so as to provide for convenient routine servicing. The battery compartment door, or cover, shall be secured by an adequate manually operated latches or other fasteners. Each electrical cable connecting the batteries in this carrier to the body or chassis shall be one-piece between the battery terminal connector and the first body or chassis terminal connector.
e) Bumper, Rear. The rear bumper shall be of channel type cross section with the top edge at least 225 mm (8.9") above the bottom edge, shall be formed from rolled steel at least 4.55 mm (.18") thick, and shall wrap around the rear corners of the body to a point at least 300 mm (11.8") forward of the rearmost point of the body at floor line. The rear bumper shall be attached to the chassis frame with provisions for removal by means of commonly available hand tools and the prevention of hitching-to or riding thereon. The rear bumper shall be of sufficient strength to permit the bus being pushed by another vehicle without permanent distortion.
f) Capacity, Passenger. The vehicle maximum passenger capacity recommended by the manufacturer of the bus shall be based upon a provision for 13 inches of seating space for each passenger, exclusive of the driver. (Section 12-802 of the Code) Examples: A seat 990 mm (39") in width provides 3 passenger spaces; A seat 985 mm (38.8") in width provides 2 passenger spaces; A device resembling a seat but less than 330 mm (13") in width would not provide a passenger space. Neither a space not conforming to FMVSS 222 nor the driver's space shall be counted as a passenger space. However, any space used for transporting an orthopedically challenged passenger shall be counted as a passenger space when computing passenger capacity to be displayed on the exterior of the bus as required in subsection (v)(7).
g) Certificate and Registration Card Holder. At least 1 card holder with a transparent face no less than 150 mm by 100 mm (5.9" by 3.9") shall be securely affixed to the interior header panel out of the students' easy reach.
h) Child Check System (Optional). If a mechanical or electronic child check system is installed, the system must illuminate the interior lights on the bus when the ignition is turned off. (See P.A. 95-0260, effective August 17, 2007.)
i) Color and Paint, Exterior. The exterior of each school bus shall be national school bus glossy yellow except as indicated in subsections (i)(1)-(6):
1) The rooftop may be white. Optional white roof shall terminate at any point from top of drip rail to 6" above drip rail. The front and rear roof caps shall remain national school bus glossy yellow.
2) Body trim, rub rails, lettering other than on a stop signal arm and bumpers shall be glossy black (Federal Standard No. 595a, glossy black enamel No. 170381).
3) Lettering on a stop signal arm shall be white on a red background.
4) The hood and upper cowl may be lusterless black (595a, 37038) or lusterless school bus yellow.
5) Grilles on the front, lamp trim and hubcaps may be a bright finish. Wheels and rims may be black or gray.
6) The name or emblem of a manufacturer may be colorless or any color.
7) The exterior paint of any school bus shall match the central value, hue and chroma set forth in this Part. (Section 12-801 of the Code)
8) Each opening for a required emergency exit window or door must be outlined around its exterior perimeter with, at a minimum, 1 inch (2.54 cm) wide yellow retroreflective tape. All retroreflective tape must be on the exterior surface of the bus and conform to all requirements of 49 CFR 571.217. Emergency roof exits may be outlined in either yellow or white retroreflective tape.
9) Yellow retroreflective tape can be located on the rear bumper or rub rail provided the space under the emergency exit door or emergency exit window is not adequate to accommodate the tape, or, provided rivets are present that prohibit the tape from being applied properly.
AGENCY NOTE: To be certain of glare reduction, a purchaser should specify a lusterless paint.
j) Crossing Control Arm:
1) Must meet or exceed the wiring requirements of SAE Recommended Practice J1133 (November 2004).
2) Must be capable of full operation between, and including, the temperatures -40º F and 160º F.
3) The arm, when activated, must extend a minimum of five feet from the front face of the bumper.
4) The arm must be mounted on the far right side (entry side) of the front bumper.
5) Appropriate brackets shall be used to attach the arm to the front bumper for proper operation and storage.
6) All component parts must meet or exceed any applicable federal motor vehicle safety standards in effect at the time of manufacture.
7) The arm must extend at the same time the stop arm panel extends. An independent "on/off" switch is prohibited.
8) If the driver can stop the arm from extending with the use of an optional override switch, the arm sequence must automatically reset once the service door is closed.
9) Red lights and/or red reflectors are prohibited.
k) Defrosters. Defrosting equipment shall be installed so as to help keep the window to the left of the driver and the glass in the service door clear of fog or frost. This defrosting equipment shall conform to those FMVSS 103 (49 CFR 571.103) performance requirements that are applicable to school bus windshields.
l) Emergency Exits. All emergency exits shall conform to the applicable requirements of FMVSS 217 (49 CFR 571.217).
1) Each emergency exit shall be equipped with an interior opening device that may be quickly released but that is designed to offer protection against accidental release. Each exterior release handle must be nonhitchable.
AGENCY NOTE: "Nonhitchable" is defined as the rear of the bus being designed and maintained to prevent or discourage riding or grasping rear of bus so as to "hitch" rides.
2) Each opening for a required emergency exit window or door must be outlined around its exterior perimeter with, at a minimum, 1 inch (2.54 cm) wide yellow retroreflective tape. All retroreflective tape must be on the exterior surface of the bus and conform to all requirements of 49 CFR 571.217. Yellow retroreflective tape can be located on the rear bumper or rub rail provided the space under the emergency exit door or emergency exit window is not adequate to accommodate the tape, or, provided rivets are present that prohibit the tape from being applied properly. Emergency roof exits may be outlined in either yellow or white retroreflective tape.
3) Both audible and visible alarms shall alert the driver when the engine is running and any emergency exit door either:
A) Is not fully latched, or
B) Is locked and not readily operated manually.
4) An audible alarm shall alert the driver when the engine is running and any emergency exit window either:
A) Is not fully latched, or
B) Is locked and not readily operated manually.
5) The engine starting system shall not operate while any emergency exit door or window (optional or required) is locked from either inside or outside the bus. "Locked" means that the release mechanism cannot be activated and the exit cannot be opened by a person at the exit without a special device such as a key or special information such as a combination.
6) An alarm cut-off or "squelch" control is prohibited.
7) Exception: No alarm is required for roof hatches.
m) Fire Extinguisher.
AGENCY NOTE: A fire extinguisher is required to be carried on each school bus transporting pupils. The manufacturer may elect to install the fire extinguisher at the time the school bus is manufactured; however, a fire extinguisher can also be installed by the owner after the school bus is purchased.
The fire extinguisher shall be of the dry chemical type, with pressure gauge, mounted in a quick-release bracket of automotive type located in view of and readily accessible to the driver, except when carried in the locked compartment authorized under subsection (w). The fire extinguisher shall be of a type approved by the Underwriters' Laboratories, Inc., with a rating not less than 10-BC. The operating mechanism shall be sealed with a type of seal that will not interfere with the use of the fire extinguisher. Halon fire extinguishers (10-BC) are approved.
n) First-Aid Kit.
AGENCY NOTE: A first aid kit is required to be carried on each school bus transporting pupils. The manufacturer may elect to install the first aid kit at the time the school bus is manufactured; however, a first aid kit can also be installed by the owner after the school bus is purchased.
1) The first aid kit must be readily identifiable and readily accessible to the driver. The kit must be dust tight and substantially constructed of durable material. If the kit is not carried in the locked compartment as authorized in subsection (w)(2), it must be in view of the driver.
2) The first aid kit must include, but is not limited to, the following:
A) 4" bandage compress – 2 packages
B) 2" bandage compress – 2 packages
C) 1" bandage or adhesive compress – 1 package
D) 40" triangle bandage with two safety pins – 1
E) Splint, wire or wood – 1
3) A tourniquet or any type of ointment, antiseptic or other medicine cannot be included.
o) Floor Covering.
1) All portions of the floor that come in contact with passengers' or driver's footwear shall be covered with a waterproof material. This floor covering shall not crack when subjected to sudden temperature change and shall be bonded securely to the floor with a waterproof substance. All seams and openings shall be filled with a waterproof sealer.
2) The floor covering in the aisles and entrance area shall be of non-skid, wear-resistance type material commonly used in commercial passenger transportation vehicles.
p) Fuel System. The fuel system shall conform to all applicable provisions of FMVSS 301 (49 CFR 571.301).
q) Glazing Materials.
1) The following applies to glazing on Type I school buses:
A) Laminated safety glass is optional on Type I school buses. All applicable provisions of FMVSS 205 (49 CFR 571.205) apply to the optional laminated safety glass and also to any plastic material used in multiple-glazed unit, including meeting the pertinent tests indicated below, that are specified in ANSI Standard Z26.1-1996, Z26.1a-1996, and are grouped in Table No. 1 of that Standard. Glazing shall be identified as shown below.
Glazing installed in:
Shall meet tests grouped in Z26.1 Table No. 1 under:
Shall bear one of the following identification markings:
Windshield
Item 1, either laminated glass or multiple glazed unit.
AS 1 Glass;
Window or door forward of rearmost location of driver's seat back
AS 1 Glass; or AS 2 Glass
All Other locations
AS 1 Glass, or AS 2 Glass, or AS 3 Glass
B) In addition, any exposed plastic layer of a multiple glazed unit shall be identified in conformance with FMVSS 205 (49 CFR 571.205).
2) All glazing shall be installed so the identification markings are legible.
3) All glazing in the rear of the bus, except a rear emergency exit window, shall be the fixed type.
r) Heaters.
1) An interior temperature of not less than 10º Celsius (50º F) shall be maintained throughout the bus while the bus is moving at 75 kilometers per hour (46.6 miles per hour) in calm air at the average minimum January temperature, as established by the Weather Bureau, U.S. Department of Commerce, for the area in which the bus is to be operated.
2) Each heater shall bear a nameplate that shall identify the heater manufacturer and state the heater capacity rating when tested as recommended in SAE Recommended Practice J638 (November 1998), or when tested in accordance with other nationally recognized standard or code. The recommended practice, standard, or code under which the heater is rated shall be identified on the nameplate. Such nameplate shall constitute certification by the heater manufacturer that the heater performance is as shown on the plate.
3) Heater hoses shall be supported so as to prevent wear due to vibration. The hoses shall not dangle or rub against the chassis or sharp edges and shall neither interfere with nor restrict the operation of any engine function (such as an emission or ignition control mechanism). Heater hoses shall be protected or baffled between the point at which they enter the passenger compartment and the point of attachment to the heater so that, in the event of hose rupture or disconnection, passengers and/or driver will not be subject to hot water burns.
4) Auxiliary fuel-fired heating systems are permitted, provided they comply with the following:
A) The auxiliary heating system fuel shall utilize the same type of fuel as specified for the vehicle engine;
B) The heater or heaters may be direct hot air or connected to the engine's coolant system;
C) An auxiliary heating system, when connected to the engine's coolant system, may be used to preheat the engine coolant or preheat and add supplementary heat to the bus's heating system;
D) Auxiliary heating systems must be installed pursuant to the manufacturer's recommendations and shall not direct exhaust in such a manner that will endanger bus passengers. The auxiliary heating system must not direct exhaust into any portion of the prohibited zone as shown in Illustration C of this Part;
E) Auxiliary heating systems that operate on diesel fuel shall be capable of operating on:
i) a hot water and/or combustion type heater; or
ii) if only one heater is used, a fresh-air or combination fresh-air and recirculation type heater; or
iii) blended diesel fuel without the need for system adjustment; and
F) The auxiliary heating system shall be low voltage.
s) Heater Hose Connections at Engine. Each heater hose connection to the engine shall include a shutoff valve located as close to the engine as practical. Such connection and valve shall not interfere with any engine function whether closed, partially open, or fully open, with heater hoses installed properly.
t) Interior.
1) Thermal and acoustic materials shall be installed in the ceiling and the sides of the body to reduce heat transfer and the interior noise level.
2) The passenger compartment of the bus, including the ceiling, shall be free of any visible or concealed projections likely to cause injury. Exposed lapped joints shall be connected and/or treated to reduce likelihood of injury from exposed edges. Materials or components in the passenger compartment located within 59 inches from the floor shall be free of any sharp corner or projections or shall be padded so as to make injury unlikely.
u) Lamps and Signals. Light Emitting Diode (LED) lamps that meet applicable FMVSS or SAE Standards or SAE Recommended Practices are acceptable.
1) Alternately Flashing Signal Lamps. Each bus shall be equipped with an eight lamp alternately flashing signal system that conforms to S5.1.4(b) of FMVSS 108 (49 CFR 571.108) and Section 12-805 of the Code. A separate circuit breaker and a master switch shall be provided for this signal system. When in its "off" position, this master switch shall prevent operation of the eight lamp system; shall prevent operation of any lamps mounted on the stop signal arm panel required under subsection (hh); and shall prevent operation of any electrically controlled mechanism that would cause the stop signal arm panel to extend. The controls for the eight lamp flashing signals, the stop signal arm panel, and the service entrance door shall be arranged so as to provide for the following sequence of operations while the engine is running:
A) Place the alternately flashing signal system master switch in its "off" position. Close and secure the service entrance door. Actuate the alternately flashing signal system hand or foot control. The alternately flashing signal lamps of either yellow (amber) or red color shall not go on.
B) With the master switch "off" and the hand or foot control actuated, open the service door. The alternately flashing signals of either color shall not go on and the stop signal arm panel shall not extend.
C) Deactivate the hand or foot control. Place the alternately flashing signal system master switch in its "on" position. Close and secure the service door. Then open the service door. The alternately flashing signal lamps of either color shall not go on and the stop signal arm panel shall not extend.
D) Close and secure the service door. Actuate the alternately flashing signal system by hand or foot control. A yellow pilot lamp in the view of the driver and the yellow alternately flashing signals shall go on.
E) Desecure but do not open the service door. The yellow pilot and the yellow alternately flashing signals shall go off. A red pilot lamp in the view of the driver and the red alternately flashing signals shall go on. The stop signal arm panel shall extend.
F) Fully open the service door. The red pilot and red signals shall remain on and the stop arm shall remain extended.
G) Close but do not secure the service door. The red pilot and red signals shall remain on and the stop arm shall remain extended.
H) Open the service door. The red pilot and red signals shall remain on and the stop arm shall remain extended.
I) Close and secure the service door. The red pilot and red signals shall go off and the stop arm shall retract.
J) Open the service door. Alternately flashing signals of either color shall not go on and the stop arm shall not extend.
2) Interior Lighting. At least the white nosings of the service entrance steps (subsection (gg)(3)), the floor around the stepwell, the entire aisle, and each emergency door and emergency exit shall be illuminated by lamps emitting a white light. For buses designed to transport 33 or more passengers, at least two interior illumination lamps shall be installed. At least the nosings of the service entrance steps and the floor around the stepwell shall be illuminated automatically by opening of the service door. No lamp shall be installed at or near the eye level of a pupil moving through the service entranceway to the aisle unless such lamp does not shine directly into the eyes of any such pupil.
3) Rear Turn Signals. Yellow turn signal lamps shall be mounted on the rear as far apart as practical and as high as practical but below the rear window. The effective projected illuminated area of these turn signal lamps shall be no less than required for the yellow alternately flashing signal lamps required under subsection (u)(1); i.e., .0122 m2 (19 in2).
4) Side Turn Signals. Two yellow side turn signal lamps conforming to SAE Standard J914 (July 2003) shall be installed on each bus designed to transport 33 or more passengers. Except as provided in this subsection, this SAE Standard shall be read as setting forth mandatory requirements. The lamps shall be "armored" and mounted on the body between the rub rails required under subsection (dd). The right lamp shall be within 1 m (39.4") of the rear of the service entrance but, on a forward control bus, not forward of the front axle. The left lamp shall be approximately the same distance from the front bumper as the right lamp.
5) Stop Signals. Red stop lamps shall be mounted on the rear as far apart as practical but closer to the vertical centerline of the bus than the rear turn signal lamps required under subsection (u)(3), and at the same height as those turn signal lamps. The effective projected illuminated area of these stop lamps shall be no less than required for the red alternately flashing signal lamps required under subsection (u)(1); i.e., .0122 m2 (19 in2).
6) Strobe.
A) One per bus;
B) Shall emit white or bluish-white light;
C) Shall be visible from any direction;
D) Shall flash 60 to 120 times per minute;
E) Shall be visible in normal sunlight;
F) Mounted at or behind center of rooftop and equal distance from each side. Distance from rear will be calculated by measuring height of filament and multiplying same by 30 inches (i.e., filament height measured from the base of the strobe x 30 = distance from rear of bus where lamp is to be located). (Section 12-815 of the Code)
G) If a roof exit, air conditioner, or the size of the bus interferes with the placement of a strobe as required by (u)(6)(F), the strobe can be placed to the rear of the roof exit or air conditioner as near as practicable above the rear axle, horizontally centered between the rear tires.
v) Lettering.
1) General. Except where otherwise required or allowed, lettering on the exterior of the body shall be black against a national school bus glossy yellow background. All required letters and numerals shall conform to Series "B", or heavier series, of the Standard Alphabets for Highway Signs issued by the Federal Highway Administration, Washington, D.C. 20591. Decals may be used instead of paint. Signs, numbers, or letterings, other than those either required by Section 12-802 of the Code or required or permitted by this Part shall not be affixed permanently on either the exterior or the interior of the bus. Interior lettering shall contrast with its background.
2) The words "SCHOOL BUS" shall be displayed against a national school bus glossy yellow background as high as practical and approximately centered on the front and rear of the bus body, in letters at least 200 mm (8") high (see Section 12-802 of the Code). These words may be painted on or applied to the bus body or displayed on a sign firmly attached to or built into the body. The background of an illuminated sign shall approximate the national school bus glossy yellow color as closely as feasible.
3) A school bus identification number, supplied by the purchaser, shall be displayed as high as practical on the front and rear of the bus in numerals not less than 100 mm (4") high. Such number may be displayed on the sides of the bus as specified by the purchaser. As an option, identification numbers may also be located on the rooftop.
4) Either the owner's name or the school district number or both must be displayed on both sides of the bus at least four inches high, approximately centered and as high as practicable below the window line. (Section 12-802 of the Code) The lettering must be located on one line.
5) The body and/or chassis manufacturer's name, emblem, or other identification may be displayed, colorless or in any color, on any unglazed surface of the bus so as not to be mistaken for the name required in subsection (v)(4), and so as not to interfere with any required letters or numerals.
6) The words "EMPTY WEIGHT", or the abbreviation "EMPTY WT.", or the letters "E.W.", followed by the empty weight of the bus, as defined in Section 440.220, stated in pounds, shall be displayed on the exterior of the body near the rear edge of the service entrance in numerals and letters at least 50 mm (2") high (see Section 12-802 of the Code).
Examples: EMPTY WEIGHT
16,800 lb
E.W. 16,800 lb
7) The word "CAPACITY", or the abbreviation "CAP.", and the rated passenger capacity (see subsection (f) of this Section) followed by the word "PASSENGERS", or the abbreviation "PASS.", shall be displayed on the exterior of the body near the rear edge of the service entranceway, and on the interior above the right portion of the windshield, in numerals and letters at least 50 mm (2") high (see Section 12-802 of the Code).
8) The words "NO STANDEES" shall be displayed only on the interior above the windshield, approximately opposite the aisle but to the right of the mirror and sun visor, in letters at least 50 mm (2") high.
9) The words "EMERGENCY DOOR" or "EMERGENCY EXIT" in letters at least 5 cm high must be displayed on the interior and exterior of the bus. "EMERGENCY DOOR" must be displayed at the top of, or directly above, any emergency exit door. "EMERGENCY EXIT" must be displayed at the top of, or directly above, or at the bottom of, any emergency exit window. They may be displayed on a separate colorless background (such as white, aluminum, or silver) that extends no more than 15 mm (.6") above or below the words and no more than 25 mm (1") to the right or left of the words.
10) A black arrow, curved or straight, at least 150 mm (5.9") in length and 15 mm (.6") in width, showing the direction each exterior emergency exit release mechanism is to be moved to open the emergency exit, shall be painted or permanently affixed on the exterior yellow portion of the bus within 150 mm (5.9") of each release mechanism.
11) An arrow showing the direction each interior emergency exit release mechanism is to be moved to open the emergency exit shall be painted or permanently affixed on the interior of the bus within 150 mm (5.9") of each emergency exit release mechanism. Each interior arrow shall contrast with its background and, where suitable space is limited, may be smaller than the exterior arrows but must be conspicuous.
12) Alternate Fuel
A) If the bus uses alternate fuel (e.g., propane, CNG), the vehicle must be marked with an identifying decal. Such decal shall be diamond shaped with white or silver scotchlite letters one inch in height and a stroke of the brush at least ¼ inch wide on a black background with a white or silver scotchlite border bearing either the words or letters:
"PROPANE" = If propelled by liquefied petroleum gas other than liquefied natural gas; or
"CNG" = If propelled by compressed natural gas. The sign or decal shall be maintained in good legible condition.
B) The alternate fuel decal shall be displayed near the rear bumper and visible from the rear of the vehicle. (Section 12-704.3 of the Code)
13) The vehicle's length (rounded up to nearest whole foot) must be displayed on or adjacent to the interior bulkhead clearly within the driver's view. (For example: vehicle length of 39.1 feet will be displayed as 40 feet.) Each letter or numeral must be at least two inches high and black in color. The measurement must be taken from the front bumper to the rear bumper.
14) A "Stop Line" in contrasting color is required between 5.9 and 6.1 inches below the top of each side window opening. The line shall be located between each window that slides downward.
15) The decal described in this subsection (v)(15) is required to be displayed on every school bus registered in Illinois. The school bus manufacturer may elect to apply the decal at the time the school bus is manufactured or the decal may be applied by the school bus owner after the school bus is purchased. A white decal with black lettering and numerals that measure one inch high must be displayed on the rear of the bus. The decal must display the words TO REPORT ERRATIC DRIVING followed by the area code and phone number of the bus owner. The decal shall be located on the rear window glazing below the rear seat back, on the bus body below the window line, or on the rear bumper. The decal must be visible to the motoring public from the rear of the bus and cannot obstruct any required lettering or numerals. The decal cannot be located on any emergency door glazing or any emergency window glazing. Magnetic signs are not allowed. (See P.A. 95-0176, effective January 1, 2008.)
16) The decals described in this subsection (v)(16) are required to be displayed on every school bus registered in Illinois if an audio and/or visual recording will be made of the interior of the school bus. The school bus manufacturer may elect to apply the decals at the time the school bus is manufactured or the decals may be applied by the school bus owner after the school bus is purchased. Two white decals with black lettering measuring one inch high shall be displayed, one on the exterior of the service (e.g., entrance) door or on the bus body adjacent to the service door if the door is not adequate to accommodate the decal and a second on the front interior bulkhead. The decals shall serve as a notice of audio and/or visual recordings. The exterior decal must not be located on any service door glazing and the interior decal must not obstruct any other required lettering on the bulkhead. Magnetic signs are not allowed. (See P.A. 95-0352, effective August 23, 2007.)
w) Locked Compartment (Optional). If specified by the purchaser, a lockable compartment may be installed for storage of fire extinguisher, first-aid kit, warning devices, wheel chocks, or other items.
1) The compartment locking device shall be connected with an automatic audible and visible alarm that will alert the driver when the engine is running and the compartment is locked. No alarm disconnect, "squelch control", or other alarm defeating mechanism shall be installed.
2) A red cross, formed of five equal squares, and the words "FIRST-AID KIT" shall be displayed on the compartment door, or cover, if the first-aid kit is to be carried in the locked compartment.
3) The words "FIRE EXTINGUISHER" shall be displayed on the compartment door, or cover, if the fire extinguisher is to be carried in the locked compartment.
x) Metal Treatment.
1) Unless excluded below, all steel or iron used in construction of the bus body and attached equipment shall be either resistant to atmospheric corrosion, or zinc coated, or treated by equivalent process. Particular attention shall be given to each fastener or attaching device, lapped surface, welded connection or fastening, cut edge, punched or drilled hole, surface subjected to abrasion, closed or box section, and any unvented or undrained area or space. The number of unvented or undrained areas or spaces is to be minimized. Excluded are door handles, grab handles, and interior decorative parts.
2) As evidence that above requirements have been met, a sample of fastener, material, or section of body, coated or finished as installed in the bus, when subjected to a 1,000-hour salt spray test in accordance with American Society for Testing and Materials (ASTM) Standard B-117-1997 "Method of Salt Spray (Fog) Testing" shall not exhibit more than 10 percent reduction in weight after all adherent corrosion products are removed.
y) Mirrors.
1) Interior Mirror – A mirror that measures at least 6 inches x 30 inches overall shall be located inside the bus. The mirror shall afford the operator a good view of the bus interior and portions of the roadway to the rear. It shall be firmly supported, constructed of clear-view safety glass and securely backed and framed. It shall have rounded corners. Edges shall be padded to reduce danger of injury upon impact. Exception: For buses that meet the definition of a Type I-A school bus, as defined in Section 440.220, the interior mirror may meet manufacturer's specifications.
2) All exterior mirror systems shall conform to the applicable requirements of FMVSS 111 (49 CFR 571.111).
3) More convex mirrors than required above may be installed, if specified by the purchaser.
4) The reflecting surface on the backside of each mirror glass shall be protected from abrasion, scratching, and atmospheric corrosion.
z) Mounting of Body. This subsection does not apply to an integral type bus.
1) After the date of manufacture of the incomplete vehicle, the chassis frame shall not be altered so as to extend the wheelbase. Other extensions of the chassis frame may be accomplished only by the incomplete vehicle, intermediate, or final-stage manufacturer or by an agent of such manufacturer properly instructed and authorized by such manufacturer to make such extensions.
2) Insulating material shall be placed at all mounting points between the body and chassis frame. This material shall be at least 5 mm (.2") thick, may have the quality of the sidewall of an automobile tire, and shall be so secured that it will not move, vibrate, or "crawl" out of place during normal operations.
3) The body front shall be attached and sealed to the chassis cowl so as to prevent the entry of water, dust, or fumes through the joint between the chassis cowl and the body.
aa) Radio Noise. Radio/stereo speakers must be located at least four feet behind the rearmost position of the driver's seat.
AGENCY NOTE: Two-way communication radios are allowed.
bb) Rack, Book. Not permissible.
cc) Reflectors.
1) Front
A) Two yellow rigid or sheet type (tape) front reflex reflectors shall be attached securely and as far forward as practicable. (Section 12-202 of the Code) They shall be located between 15 and 60 inches above the roadway at either fender, cowl, or body and installed so as to mark the outer edge of the maximum width of the bus. No part of the required reflecting material may be obscured by a lamp, mirror, bracket, or any other portion of the bus. No part of the required reflecting material may be more than 11.8 inches (300 mm) inboard of the outer edge of the nearest rub rail. The reflector may be any shape (e.g., square, rectangle, circle, oval, etc.). A rigid type reflex reflector may be any size if permanently marked either DOT, SAE A, or SAE J 594; otherwise, it shall display at least seven square inches of reflecting material (about three inch diameter if a solid circle).
B) A sheet type (tape) reflex reflector which conforms to FMVSS 108 (49 CFR 571.108 (S5.7.1.2)) may be used but its forward projected reflecting area shall be at least eight square inches.
2) Left Side. One amber no more than 12 inches from the front and one red no more than 12 inches from the rear. Mounted at a height not less than 15 inches and not more than 60 inches above the surface of the road. (Section 12-202 of the Code) On buses 20 feet or more in length, one amber reflector as near center as practicable must also be provided. The reflector must measure a minimum of three inches in diameter.
3) Right Side. One amber no more than 12 inches from the front and one red no more than 12 inches from the rear. Mounted at a height not less than 15 inches and not more than 60 inches above the surface of the road. (Section 12-202 of the Code) On buses 20 feet or more in length, one amber reflector as near center as practicable must also be provided. The reflector must measure a minimum of three inches in diameter.
4) Rear. Two red reflectors on rear body within 12 inches of lower right and lower left corners. (Section 12-202 of the Code) The reflectors must measure a minimum of three inches in diameter.
dd) Rub Rails.
1) Each rub rail shall be 4" or more in width in its finished form, shall be constructed of 16-gauge steel or suitable material of equivalent strength and shall be constructed in corrugated or ribbed fashion.
2) There shall be one rub rail located approximately at seat level that shall extend from the rear of the service entrance completely around the exterior of the bus body without interruption, except at a rear emergency door or a rear compartment, to a point of curvature near the front of the body on the left side.
3) There shall be one rub rail on each side located approximately at floor line that shall extend over the same longitudinal distance as the rub rail required under subsection (dd)(2), except:
A) This rub rail need not extend across a wheel housing, and
B) This rub rail may terminate at the radii of the right and left rear corners of the body.
4) More than two rub rails may be installed on a side and/or the rear of a bus.
ee) Seating. Each seat and each barrier are required to conform to FMVSS 222 (49 CFR 571.222).
1) Seat, Driver's. The driver's seat shall be rigidly positioned, and shall afford both vertical and fore-and-aft adjustments of not less than 100 mm (3.9"), without the use of a tool or other non-attached device. The shortest distance between the steering wheel and the back rest of the operator's seat shall be no less than 280 mm (11").
2) Seats, Students'.
A) Each seat (except as provided in subsection (ee)(2)(E)) shall be constructed so that the shortest straight-line distance from the top of the seat back to the empty seat cushion is 28" when measured near the transverse center of the seat at the front of the seat back and along the angle of rearward inclination of the seat back. Since the height of a seat back is difficult to measure precisely on a repeated basis, a measurement of 27.5" or more is deemed acceptable.
B) Each seat shall be forward facing (except as provided in subsection (ee)(2)(E)).
C) A flip-up seat may be located only immediately adjacent to any side emergency door. The flip-up seat must conform to the following:
i) The seat must be designed so that, when in the folded position, the seat cushion is flat against the seat back to prevent a child's limb from becoming lodged between the seat cushion and seat back.
ii) The seat must be designed to discourage a child from standing on the seat cushion when in the folded position.
iii) The working mechanism under the seat must be covered to eliminate any tripping hazard.
iv) All sharp metal edges on the seat must be padded to prevent any snagging hazard.
v) No portion of the door latch mechanism can be obstructed by a seat.
vi) There must be at least 11.7 inches (30 cm) measured from the door opening to the seat back in front.
D) Optional seat safety belts must be installed according to specifications provided by the bus body manufacturer. This may include reinforced seats and seat frames.
E) In the case of a seat to be occupied by a student with special needs, seating requirements shall be changed only as necessary to meet the needs of the student with special needs (e.g., seat missing to accommodate wheelchair, hard surfaced stretcher installed to accommodate child who is not capable of sitting in an upright position) (see 92 Ill. Adm. Code 444).
ff) Safety Belt, Driver's.
1) Each driver's safety belt assembly shall be arranged so that all portions of the assembly remain above the floor when not in use. If retractors are installed, they shall be the emergency locking type.
2) Buses must be equipped with a lap belt/shoulder harness design for the driver.
gg) Service Entrance and Door.
1) The service entrance shall be located on the right side near the front, in unobstructed and convenient view of the driver. The service entrance shall have a minimum vertical opening of 1.7 m (67") and a minimum horizontal opening of 610 mm (24").
2) A steel grab handle not less than 250 mm (9.8") in length shall be firmly attached in an unobstructed location on the left side of the entranceway as a person enters the bus. An optional grab handle can also be located on the right side of the entranceway.
3) The bottom step in the entranceway shall not extend beyond the exterior of the body. With all seats empty, the bottom step shall be not less than 300 mm (11.8") and not more than 400 mm (15.7") from the roadway. At least two steps shall be provided. The steps shall be enclosed. Risers shall be approximately equal. Each step, including the floor at the top riser, shall be surfaced with a nonskid material with a 40 mm (1.6") to 80 mm (3.1") white nosing as an integral piece.
4) The service door shall be either manually or power operated by the seated driver. When in the closed and secured position, the door operating mechanism shall prevent accidental opening but shall afford prompt release and opening by the driver. No exposed parts of a door operating mechanism shall come together so as to shear or crush fingers. The vertical closing edges of a service door shall be padded to lessen chance of injury.
5) A power operated door shall be equipped for emergency manual operation in case of power failure. Instructions for emergency operation of a power operated door shall be affixed permanently on the interior of the door in letters at least 12 mm (.5") high.
6) A single-section service door shall be hinged at the front of the service entrance.
7) Glazed panels shall be installed in the service door to afford the driver a view of small children outside the door, traffic signs, and intersecting roadways. The bottom of each lower glass panel shall not be more than 10 inches from the top surface of the bottom step. The top of each upper glass panel when viewed from the interior shall be not more than 3 inches below the interior door control cover or header pad.
8) Service Door Lock (Optional). If ordered by the purchaser, a lock may be installed on or at the service door. Any type service door locking system installed in the bus shall conform to at least one of the following requirements.
A) Requirement 1: A locking system shall not be capable of preventing the driver from easily and quickly opening the service door; or
B) Requirement 2: A locking system that is capable of preventing the driver from easily and quickly opening the service door shall include an audible and visible alarm to alert the driver when the engine is running and the service door is locked. No alarm disconnect, "squelch control", or other alarm defeating or attenuating device shall be installed; or
C) Requirement 3: A locking system shall not be capable of preventing the driver from easily and quickly opening the service door except when, and only when, a person outside the bus uses a key that is not capable of locking more than one of at least 1000 of the door manufacturer's key locking systems.
hh) Steering Wheel Clearance. The rim grip of the steering wheel shall have at least 50 mm (2") clearance in all directions, except at the spokes.
ii) Steps, Body Front. On each side at the front of the body at least one grab handle and recessed foothold or folding stirrup step shall be installed so as to provide easy access to the windshield for cleaning purposes. Exception: Type I-A school buses are exempt.
jj) Stop Signal Arm Panel.
1) A stop signal arm panel must be installed on the left side of the bus that conforms to 49 CFR 571.131. Decals may be used in lieu of painting. Strobe lamps are acceptable on stop signal arm panels.
2) Section 440.Illustration B depicts the octagon shaped semaphore required in subsection (jj)(1).
3) Additional stop signal arm panels may be added at the purchaser's request. Additional panels must be located on the left side of the bus. Additional panels must operate in conjunction with the required panel and meet all stop arm panel requirements except as follows. The additional panel must not contain any marking or reflective material on the front side of the panel. The additional panel must be located in the rear half of the bus adjacent to the rearmost window.
kk) Storage Compartments (Optional).
1) If installed, the storage compartments shall be fire-resistant and of adequate strength and capacity for the storage of the items to be carried, such as tire chains, tow chains, tools for roadside or minor repairs, school activity equipment, etc. The compartments shall provide reasonable security for the contents and shall be constructed and installed so as to preclude passenger injury due to the compartments or the contents becoming dislodged when the bus is subjected to the maximum possible braking force and to minimize chances of such injury when the bus is subjected to a collision impact.
2) If a relatively small storage compartment is located inside the passenger compartment, seat cushions alone may not serve as the cover for the compartment.
ll) Sun Visor. An interior, adjustable, transparent, tinted sun visor not less than 150 mm (5.9") high by 760 mm (29.9") wide shall be so installed that it can be turned up and will remain up when not in use. It may be supported so that it can be moved for use on the driver's left, but when used in front of the driver and in a position approximately parallel to the windshield it shall be supported at or near each of its ends so as to minimize its vibration. Exception: For school buses that meet the definition of a Type I-A school bus, as defined in Section 440.220, the sun visor may meet manufacturer's specifications.
mm) Tow Hook, Rear (Optional). Any tow hooks installed on the rear shall be attached or braced to the chassis frame, or to an equivalent structural member of an integral type bus. A tow hook may not extend beyond the rear face of the rear bumper.
nn) Undercoating. The underside of the body, including floor members and the side panels below the floor, shall be coated with a fire-resistant undercoating material applied by the spray method so as to seal, insulate, reduce corrosion, and reduce interior noise. Non-metallic components need not be coated.
oo) Ventilation. The body shall be equipped with a controlled ventilation system of sufficient capacity to maintain a satisfactory ratio of outside to inside air under cool and cold operating conditions without opening of windows. With a powered ventilation system, air outlet openings shall be located, sized, and manufactured so that, with doors and windows closed, a positive pressure is maintained in the driver and passenger spaces, to lessen chances of dangerous gas entering such spaces. Fresh air inlets shall be located so as to minimize entrance of either dangerous engine gas or obnoxious engine fumes.
pp) Warning Devices.
AGENCY NOTE: Warning devices are required to be carried on each school bus transporting pupils. The manufacturer may elect to install the warning devices at the time the school bus is manufactured; however, warning devices can also be installed by the owner after the school bus is purchased.
1) Emergency warning devices are required to be carried on school buses weighing more than 8,000 pounds and operated upon any highway outside an urban district. The warning devices must be securely stored. The warning devices required for use when lighted lamps are required (see Section 12-201(b) of the Code) shall consist of:
A) At least three liquid-burning flares and three red-burning 15-minute fusees; or
B) Three red electric lanterns; or
C) Three portable red emergency reflectors that meet FMVSS No. 125.
2) In addition, the following warning devices are also required for use when lighted lamps are not required (see Section 12-201(b) of the Code):
A) Two red cloth flags (not less than 12 inches square with standards to support flags); or
B) Two portable emergency reflectors that meet FMVSS No. 125. (The reflectors in subsection (pp)(1)(c) qualify for this option.) (See Section 12-702(a) and (c) of the Code.)
qq) Weight Distribution and Gross Weight. Storage or cargo spaces, if installed, and seats shall be located so that when the bus is fully loaded as specified or advertised by the manufacturer the loads exerted on the roadway will exceed neither a tire load rating, nor a gross axle weight rating, nor the gross vehicle weight rating indicated by the data displayed on the label permanently affixed in compliance with Section 440.310.
rr) Wheel Housings.
1) Each wheel housing opening shall allow for unimpeded wheel and tire service or removal.
2) Each rear wheel housing shall provide the clearance recommended in SAE Information Report J683 (August 1985) for installation and use of tire chains on the dual or single tires installed on the rear wheels.
ss) Windows or Glazed Panels, Rear. Glazed panels, or windows, shall be installed in the rear of the bus so as to afford the seated driver a reflected view through the rear of the bus as wide and as high as practical without unduly weakening or increasing the cost of the body structure. Such view shall be as low as allowed by the backs of the rear seats except that, when the aisle required under subsection (a), extends to a rear emergency door, an additional lower glazed panel shall be installed to afford the driver an additional view through such panel at least the width of the required aisle and as low and high as practical.
tt) Window Openings, Side. This subsection does not apply to a window or glazed panel installed forward of a front passenger seat, and is optional for a window installed either beside a rear passenger seat, special service door, or in a side emergency exit.
1) All side windows shall open from the top only and shall operate freely.
2) There shall be one vertical opening side window for each seat.
3) Each side window shall provide an unobstructed emergency egress opening at least 9" high and 22" wide. The opening may extend to 18" above the unoccupied passenger seat cushion but no closer (to the seat cushion).
4) A stop line for the window opening shall be applied 6" from the top of the window opening.
5) The side windows may be split sash.
6) The window latches shall be recessed.
AGENCY NOTE: See Section 440.420(q) for glazing material requirements.
uu) Windshield.
1) The windshield shall be large enough to permit the operator to see the highway clearly, and shall be curved or slanted to reduce glare. The front cornerposts and other supports shall be shaped and located so as to cause as little obstruction to the driver's view of the highway as practical.
2) The windshield shall have a graduated glazing shade band across the top. The definition and boundary of this shade band shall be as recommended in SAE Recommended Practice J100 (November 1999).
vv) Windshield Wipers. See the FMVSS for requirements (49 CFR 571.104).
ww) Windshield Washer. See the FMVSS for requirements (49 CFR 571.104).
xx) Wiring.
1) All wiring for lamps and other electrical devices shall be as recommended for automobiles, motor coaches, and heavy duty starting motor circuits in SAE Recommended Practices J1292 (October 1981) and J541a (October 1996) and in other practices or standards referenced therein, unless preempted by FMVSS. (See the FMVSS (49 CFR 571) for requirements.)
2) All circuits, except those for the alternately flashing signal lamps and the stop signal arm lamps, may be divided into independent circuits. Whenever feasible, all other electrical functions (sanders, windshield wipers, heaters, defrosters, etc.) shall be provided with independent and properly protected circuits.
3) Each body circuit shall be coded either by numerals and/or letters at approximately 100 mm (3.9") intervals, or by color and numerals and/or letters, or by colors only. The codes shall appear on a diagram of the circuits in a readily accessible location.
4) A separate fuse, circuit breaker, or electronic circuit protection shall be provided for all circuits, except that components of the engine starter and ignition circuits may be protected by other means.
5) Wires not enclosed within the body shall be fastened securely at intervals of not more than 460 mm (18.1").
6) All terminals and splice clips shall be accessible.
7) The chassis manufacturer shall install a readily accessible electrical terminal so that the net body and chassis electrical current flow can be indicated through a chassis ammeter without dismantling or disassembling the chassis component. The chassis wiring to this terminal shall have a current carrying capacity at least equal to the maximum generator output.
8) All school buses manufactured on or after January 1, 2006 must be manufactured with a noise suppression switch that is capable of turning off noise producing accessories, including, but not limited to, heater blowers, defroster fans, auxiliary fans and radios. (See Section 12-815.2 of the Code.)
**History**
- *Source: Amended at 32 Ill. Reg. 17983, effective November 10, 2008*
##### **92 Ill. Adm. Code 440.505** Conformance to the Requirements {#sec-440.505 omnilex-key=us-il-regs-official--title-92--440.505}
At the time of the safety test conducted under provision of Section 13-109 of the Code, and when delivered to the purchaser, the chassis of each Type I School Bus shall conform to the requirements stated or referred to in this Subpart. Some body requirements also applicable to the chassis are repeated or referred to herein.
**History**
- *Source: Amended at 22 Ill. Reg. 19354, effective October 15, 1998*
##### **92 Ill. Adm. Code 440.510** Incorporation by Reference of Federal Motor Vehicle Safety Standards {#sec-440.510 omnilex-key=us-il-regs-official--title-92--440.510}
(Repealed)
**History**
- *Source: Repealed at 31 Ill. Reg. 1881, effective January 8, 2007*
##### **92 Ill. Adm. Code 440.520** State Requirements {#sec-440.520 omnilex-key=us-il-regs-official--title-92--440.520}
Except for mirrors, which may project 152 mm (6 inches), a school bus shall not exceed 2.625 m (8 feet) in width, 4.429 m (13 feet 6 inches) in height, nor 13.78 m (42 feet) in length (Sections 15-102 and 15-107 of the Code). Exceptions to the above are shown in Section 440.420 of this Part. Various portions of the bus chassis shall conform to the requirements set forth under the following subsections.
a) Air Cleaner.
1) A dry element type air cleaner shall be provided.
2) All diesel engine air filters shall include a latch-type restriction indicator that retains the maximum restriction developed during operation of the engine. The indicator should include a reset control so the indicator can be returned to zero when desired. Diesel-powered school buses that meet the definition of a Type I-A school bus, as defined in Section 440.220, are exempt from the restriction indicator requirement.
b) Axles. Must meet federal chassis requirements as indicated on the federal certification label as required by 49 CFR 567 and 49 CFR 568.
c) Battery. See Section 440.420(c) of this Part.
d) Brakes. See the FMVSS for requirements (49 CFR 571.105).
e) Bumper, Front. The front bumper shall be of channel type cross section, shall be formed from rolled steel at least 4.5 mm (.177 inches) thick, shall have not less than a 200 mm (7.9 inches) vertical face, and shall extend to protect the outer edges of the fenders, or the body of a forward control bus. The bumper shall be of sufficient strength to permit pushing another vehicle of equal gross weight without permanent distortion. Exception: For school buses that meet the definition of a Type I-A school bus, as defined in Section 440.220, the bumper may meet manufacturer's specifications when the Type I-A school bus is equipped with a driver side air bag.
f) Clutch. A bus having a manual shift transmission shall be equipped with the type and size of clutch recommended by the incomplete vehicle manufacturer for heavy duty service between the engine and transmission installed in the bus.
g) Color and Paint. See Section 440.420(i) of this Part.
h) Drive Shaft. A suitable guard shall be provided for each segment of the drive shaft to prevent accident or injury if the shaft breaks or becomes disconnected.
i) Engine. Type and displacement may be specified by the purchaser.
j) Exhaust System.
1) The exhaust pipe, muffler and tail pipe shall be outside the bus body and attached to the chassis.
AGENCY NOTE: As mandated by the United States Environmental Protection Agency (USEPA), diesel-powered engines manufactured after December 31, 2006 are required to meet stricter standards that will reduce emissions of particulate matter and nitrogen oxides into the atmosphere. School bus manufacturers may be required to modify exhaust systems to meet the USEPA requirements, e.g., mufflers may be replaced with after-treatment devices that significantly reduce toxins released into the atmosphere. Modifications to exhaust systems made in compliance with the USEPA requirements are acceptable provided they do not impact the safe operation of the school bus.
2) The exhaust system shall be insulated from any insulated wire, flammable material, brake hose or line, or fuel system component by a securely attached metal shield at any point where the exhaust system is 11.8 inches (300 mm) or less (four inches (101.6 mm) or less if diesel powered engine) from the components listed in this subsection (j)(2).
3) The tail pipe shall be extended to exit the exhaust gases either to the right or left side, or rear of the bus, except for prohibited zones as shown in Illustration C of this Part.
4) The tail pipe shall extend out to but not more than 1 inch (25.4 mm) beyond the perimeter of the body or the bumper.
5) The shielding of engine compartment components shall be governed by the chassis manufacturer's standards.
6) Each gas conducting component that is not of stainless steel shall be of commercial heat and corrosion resistant exhaust system material and shall be nonflexible.
7) For school buses that meet the definition of a Type I-A school bus, as defined in Section 440.220, the tail pipe may meet the chassis manufacturer's standard configuration. However, the tail pipe shall not exit beneath any fuel filler location or beneath any emergency exit door.
k) Frame. See Section 440.420(z)(1) of this Part.
l) Generating System. The generating system may utilize either mechanical rectification (commutator type) or diode rectification (alternator type).
1) The generator output shall be regulated automatically so as to provide for efficient battery charging without causing damaging potentials or currents in any part of the electrical system. Automatic means shall be provided to prevent battery discharge through the generator while the generator is not delivering current.
2) The generator in a nominal 12 volt system shall be able to deliver a continuous current of 60 amperes, or more, while its automatic regulating devices are connected and functioning properly and the engine is running no faster than the speed at which it delivers its maximum net torque at the engine flywheel.
3) The generator in a nominal 12 volt system shall be able to deliver a continuous current of 20 amperes, or more, while its automatic regulating devices are connected and functioning properly and the engine is running no faster than the curb idle speed recommended by the engine manufacturer.
4) The generator in a nominal voltage system higher or lower than 12 volts shall be able to deliver at least the same continuous power (watts) as indicated under subsections (l)(2) and(3) of this Section, at the engine speeds indicated therein.
AGENCY NOTE: Where a bus must operate under adverse conditions such as low engine speeds, frequent periods of engine idle, and/or with high electrical load (frequent use of signals and interior lamps, high heater/defroster loads, etc.) for prolonged periods of time, the purchaser should specify a larger generator commensurate with operating conditions.
m) Horns.
1) At least one horn shall be installed giving an audible warning at a distance of 200 feet. The horns shall be controlled conveniently by the seated driver and tested in accordance with SAE Standard J377 (March 2001).
2) A siren, whistle, or bell may not be installed to attract attention of pedestrians or drivers outside the bus (Section 12-601(b) of the Code). This prohibition shall not be interpreted to prohibit use of such devices inside the bus body to provide warnings to the bus driver.
n) Instruments. The bus shall be equipped with at least the following nonglare illuminated instruments and gauges mounted for easy maintenance and repair and in such a manner that each is clearly visible to the seated driver:
1) Ampere meter or volt meter, with "charge" and "discharge" indications, provisions for 100 ampere, or more, continuous current indication, and arranged so as to remain unharmed by any ampere meter current flow resulting from the installed generator operating at its maximum output;
2) Gauge, Air Pressure or Vacuum (where air pressure or vacuum is utilized either to apply or to assist in applying the service brakes);
3) Gauge, Engine Coolant Temperature;
4) Gauge, Engine Oil Pressure;
5) Gauge, Fuel;
6) Odometer (may be combined with speedometer; may indicate kilometers traveled if such indication is shown, clearly and conspicuously);
7) Speedometer, with both miles per hour and kilometers per hour scales that are easily readable.
o) Lamps and Signals. See Section 440.420(u) of this Part.
p) Oil Filter. A "full flow" type engine oil filter of approximately 1 liter (1 quart) capacity shall be installed. The purchaser may specify additional "full flow" or "by-pass" type filters, or oil treatment devices.
q) Shock Absorbers. Two front and two rear double-acting shock absorbers of adequate capacity shall be installed.
r) Spare Tire (Optional). The spare tire and rim, if supplied, shall be of the same size designation and load rating as the largest tire and rim installed on the bus. Each spare tire and rim shall be suitably mounted in an accessible location outside the passenger compartment.
s) Springs and Suspension. Each spring and other component in any of the suspension systems shall be capable of supporting its share of the rated gross axle weight during normal operations. Where spring failure could result in total loss of control of the bus, suitable means shall be provided to make such total loss most unlikely.
t) Steering Mechanism. Power steering is optional. The steering mechanisms shall provide safe and accurate performance at maximum load and speed and shall be adjustable while installed on the completed bus. After the date of manufacture of the incomplete vehicle, the steering mechanisms shall not be modified unless such modification is done with the concurrence of the incomplete vehicle manufacturer and in accordance with the incomplete vehicle manufacturer's instructions.
u) Tow Hooks, Front (Optional). A front tow hook may not extend beyond the front of the front bumper. Each front tow hook not fastened securely to the chassis frame shall be connected to the frame by suitable braces.
v) Transmission. Unless otherwise specified by the purchaser, the transmission shall be manual-shift.
1) A manual-shift transmission shall provide not less than 4 forward gear ratios and 1 reverse gear ratio. A synchromesh shifting mechanism shall be provided for each forward gear ratio except for the highest ratio; i.e., "first gear" or "low gear". (Synchromesh may be specified for "first" or "reverse" gears at the purchaser's option.)
2) An automatic transmission may be specified by the purchaser. Such transmission shall provide not less than 3 forward gear ratios and 1 reverse gear ratio.
w) Undercoating. The entire underside of front fenders or wheel wells shall be coated with a fire-resistant undercoating material in order to seal joints and to reduce corrosion and noise. Nonmetallic components need not be coated.
x) Wiring. See Section 440.420(xx) of this Part.
**History**
- *Source: Amended at 32 Ill. Reg. 17983, effective November 10, 2008*
##### **92 Ill. Adm. Code 440.APPENDIX** A Federal Motor Vehicle Safety Standards (fmvss) and Related Regulations (repealed) {#sec-440.appendix omnilex-key=us-il-regs-official--title-92--440.APPENDIX}
**History**
- *Source: Repealed at 22 Ill. Reg. 19354, effective October 15, 1998*
##### **92 Ill. Adm. Code 440.APPENDIX** B First Aid Kit Requirements (referred to in Section 440.420(l) (repealed) {#sec-440.appendix omnilex-key=us-il-regs-official--title-92--440.APPENDIX}
**History**
- *Source: Repealed at 22 Ill. Reg. 19354, effective October 15, 1998*
##### **92 Ill. Adm. Code 440.APPENDIX** C Specification Sheet Reflective Material -- Encapsulated Lens (based on Fhwa Notice N 5040.17, June 15, 1976) (repealed) {#sec-440.appendix omnilex-key=us-il-regs-official--title-92--440.APPENDIX}
**History**
- *Source: Repealed at 22 Ill. Reg. 19354, effective October 15, 1998*
##### **92 Ill. Adm. Code 440.ILLUSTRATION** A Hexagon Shaped Stop Signal Arm (repealed) {#sec-440.illustration omnilex-key=us-il-regs-official--title-92--440.ILLUSTRATION}
**History**
- *Source: Repealed at 22 Ill. Reg. 19354, effective October 15, 1998*
##### **92 Ill. Adm. Code 440.ILLUSTRATION** B Octagon Shaped Stop Signal Arm Panel {#sec-440.illustration omnilex-key=us-il-regs-official--title-92--440.ILLUSTRATION}
**History**
- *Source: Amended at 22 Ill. Reg. 19354, effective October 15, 1998*
##### **92 Ill. Adm. Code 440.ILLUSTRATION** C Exhaust Discharge Prohibited Zones {#sec-440.illustration omnilex-key=us-il-regs-official--title-92--440.ILLUSTRATION}
**History**
- *Source: Amended at 32 Ill. Reg. 17983, effective November 10, 2008*
#### **Part 441** Inspection Procedures for Type I School Buses
##### **92 Ill. Adm. Code 441.10** Purpose and Scope {#sec-441.10 omnilex-key=us-il-regs-official--title-92--441.10}
This Part prescribes the requirements of the Illinois Department of Transportation governing:
a) Implementation of Article VIII, the Illinois Vehicle Equipment Law [625 ILCS 5/Ch. 12, Art VIII]; and
b) Inspection procedures for Type I school buses.
**History**
- *Source: Amended at 22 Ill. Reg. 11889, effective June 29, 1998*
##### **92 Ill. Adm. Code 441.20** Application {#sec-441.20 omnilex-key=us-il-regs-official--title-92--441.20}
This Part applies to the following persons:
a) Department personnel;
b) Owners of Official Testing Stations;
c) Employees of Official Testing Stations;
d) School bus operation managers; and
e) School bus drivers.
##### **92 Ill. Adm. Code 441.25** Incorporation by Reference of Federal Regulations {#sec-441.25 omnilex-key=us-il-regs-official--title-92--441.25}
Whenever this Part refers to the Code of Federal Regulations and that reference incorporates the federal regulations by reference, the federal regulations incorporated shall be that which was effective as of October 1, 2020, not including any later amendments or editions. Copies of appropriate federal regulations are available for inspection at the Department's Commercial Vehicle Safety Section.
**History**
- *Source: Amended at 45 Ill. Reg. 4930, effective April 5, 2021*
##### **92 Ill. Adm. Code 441.30** Standards of Construction {#sec-441.30 omnilex-key=us-il-regs-official--title-92--441.30}
a) "Shall" and "must" are used in the imperative sense. "Shall" imposes an obligation to act. "Must" defines a condition that is to be satisfied. "May" allows permissiveness under terms specified in the standards. "Will" indicates intention, promise or willingness.
b) Words imparting the masculine gender include the feminine.
c) Changes in the administration of the state school bus inspection program and changes to federal and state law have caused the purchase or manufacture date of school buses to be critical in the application of this Part. The effective dates for some of these standards will vary.
1) Exemptions to some standards are provided for school buses purchased prior to September 1974, the effective date of the Department's "Vehicle Inspection Stations Governing School Buses."
2) Exemptions to some standards are provided for school buses manufactured prior to March 1977, the date of the Department's Order "Minimum Safety Standards for Construction of Type I School Buses."
3) Some standards are identified with other effective dates. These standards are applicable to all school buses manufactured or purchased after the identified date or during the time frame specified.
##### **92 Ill. Adm. Code 441.40** Definitions {#sec-441.40 omnilex-key=us-il-regs-official--title-92--441.40}
"Body" – Portion of vehicle that encloses the occupant and cargo spaces and separates those spaces from the chassis frame, engine compartment, driveline, and other chassis components, except certain chassis controls used by the driver.
"Body-on-Chassis" – Completed vehicle consisting of a passenger seating body mounted on a truck type chassis (or other separate chassis) so that the body and chassis are separate entities, although one may reinforce or brace the other.
"Bus" – Every motor vehicle, other than a commuter van, designed for carrying more than ten persons. (Section 1-107 of the Illinois Vehicle Code (the Code)) [625 ILCS 5/1-107]
"Chassis" – Every frame or supportive element of a school bus that contains but is not limited to the axles, engine, drive train, steering components, and suspension which the body is attached to. (Section 1-110.1 of the Code)
"Code" – The Illinois Vehicle Code [625 ILCS 5].
"Commercial Vehicle Safety Section" (CVSS) – A section of the Bureau of Safety Programs of the Division of Traffic Safety of the Illinois Department of Transportation.
"Department" – The Department of Transportation of the State of Illinois, acting directly or through its authorized agents or officers. (Section 13-100 of the Code)
"Empty Weight" – Unloaded vehicle weight; i.e., the weight of a vehicle with maximum capacity of all fluids necessary for operation of the vehicle but without cargo or occupant.
"Federal Motor Vehicle Safety Standards" (FMVSS) – The rules, regulations and standards set forth in 49 CFR 571.
"Gross Vehicle Weight Rating or GVWR" – The value specified by the manufacturer as the loaded weight of the school bus. (Section 12-800 of the Illinois Vehicle Equipment Law)
"Illinois Vehicle Equipment Law" – 625 ILCS 5/12-100 through 12-902
"Interstate School Bus" – Any school bus not owned by a school district designed to transport 16 or more persons, including the driver, that is used for interstate charter purposes (i.e., travels to another state). The bus must be marked with a federal Interstate Commerce Commission (ICC) number. Interstate school buses require an annual inspection that meets 49 CFR 396 - Appendix G as well as the semi-annual or 10,000 mile inspection required by 625 ILCS 5/13-101.
"Manufacturer" – (unless otherwise indicated at the point of use) means the person or organization whose name follows "MANUFACTURED BY" or "MFD BY" on the federal certification label.
"Passenger" – Every occupant of the vehicle who is not the driver.
"Purchase Date" – Date when purchase transaction was completed, not when body or chassis was built.
"School Bus" –
Type I School Bus – A School Bus with gross vehicle weight rating of more than 10,000 pounds.
Type II School Bus – A School Bus with gross vehicle weight rating of 10,000 pounds or less. (Section 12-800 of the Illinois Vehicle Equipment Law)
Every motor vehicle, except as provided below, owned or operated by or for any of the following entities for the transportation of persons regularly enrolled as students in grade 12 or below in connection with any activity of such entity:
Any public or private primary or secondary school;
Any primary or secondary school operated by a religious institution; or
Any public, private or religious nursery school.
This definition shall not include the following:
A bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interurban transportation of passengers when such bus is not traveling a specific school bus route but is:
On a regularly scheduled route for the transportation of other fare paying passengers;
Furnishing charter service for the transportation of groups on field trips or other special trips or in connection with other special events; or
Being used for shuttle service between attendance centers or other educational facilities.
A motor vehicle of the first division.
A motor vehicle designed for the transportation of not less than 7 nor more than 16 persons that is operated by or for a public or private primary or secondary school, including any primary or secondary school operated by a religious institution, for the purpose of transporting not more than 15 students to and from interscholastic athletic or other interscholastic or school sponsored activities. (Section 1-182 of the Code)
"Seating Reference Point" – the unique design H-point, as defined in SAE J1100, which simulates the position of the pivot center of the human torso and thigh. Each school bus manufacturer utilizes different criteria to determine the specific seating reference point on passenger seats for vehicles they manufacture.
"Type I-A School Bus" means a term commonly used by school bus manufacturers to classify a school bus that is a conversion or body constructed upon a van-type or cutaway front-section vehicle with a left side driver's door, designed for carrying more than 10 persons. The Type I-A school bus has a Gross Vehicle Weight Rating (GVWR) of more than 10,000 pounds.
"Vehicle" –
First Division: Those motor vehicles which are designed for the carrying of not more than ten persons.
Second Division: Those vehicles which are designed for carrying more than ten persons, those designed or used for living quarters and those vehicles which are designed for pulling or carrying property, freight or cargo, those motor vehicles of the First Division remodelled for use and used as motor vehicles of the Second Division, and those motor vehicles of the First Division used and registered as school buses. (Section 1-217 of the Code)
**History**
- *Source: Amended at 24 Ill. Reg. 12099, effective July 31, 2000*
##### **92 Ill. Adm. Code 441.50** Inspection Procedures for Covid-19 Related Equipment {#sec-441.50 omnilex-key=us-il-regs-official--title-92--441.50}
Personal protective equipment and COVID-19 related signage may be installed on any vehicle covered by this Part. If installed, the equipment and signage shall be inspected according to this Section.
a) Hand Sanitizer Dispenser
PROCEDURES/SPECIFICATIONS:
Dispenser must be securely installed in the driver/entry area, either behind the handrail or just to the right of the driver on the vertical portion of the dash in a location where hand sanitizer cannot drip or leak onto the entryway or passenger walkway. The dispenser must not be mounted as to cause a catch point to passengers as they enter or exit the bus.
Dispenser must be labeled with the words "sanitizer" or "hand sanitizer".
REJECT VEHICLE IF:
Dispenser is not securely installed in the driver/entry area, either behind the handrail or just to the right of the driver on the vertical portion of the dash.
Dispenser is installed in a location where it drips or leaks onto the entryway or passenger walkway.
Dispenser is mounted in a way to cause a catch point to passengers as they enter or exit the bus.
Required label is missing.
b) Driver Protective Barrier
PROCEDURES/SPECIFICATIONS:
A driver protective barrier panel may be installed directly behind the driver. The panel must be mounted to the wall of the bus as flush as practicable. If installed, the passenger seat directly behind the driver must be rendered inoperative (this can be accomplished by removing the lower seat cushion) to comply with FMVSS 571.222. If the lower seat cushion is removed, all exposed seat frame must be padded in compliance with FMVSS 571.302. The panel shall be constructed of clear material compliant with FMVSS 571.302, such as polycarbonate. The end of the barrier panel exposed to the passenger compartment shall be secured to a padded stanchion extending from floor to the ceiling. The stanchion shall be attached to the roof bow or a reinforced panel in the ceiling and a solid connection point on the floor. The barrier panel shall be in compliance with FMVSS 571.302 and FMVSS 571.222.
REJECT VEHICLE IF:
The barrier is installed in a location other than directly behind the driver or not flush to the wall of the bus. The passenger seat directly behind the driver is operative with a barrier installed or the lower seat cushion has been removed with padding installed that is not in compliance with FMVSS 571.302. Barrier is not constructed, secured, or padded in compliance with FMVSS 571.222 and 571.302.
c) COVID-19 Related Lettering/Signage
PROCEDURES/SPECIFICATIONS:
Lettering/signage that relates to COVID-19 (e.g., assigned seating for students, social distancing, face coverings, guidelines adopted by the bus operator, etc.) may be installed on the interior of the bus. The lettering may be installed on the forward face of seat backs or seat cushions, ceiling, or bulkhead and shall not interfere with other required lettering.
REJECT VEHICLE IF:
Lettering or signage is installed on the exterior of the bus or in a place other than the forward face of seat backs or seat cushions, ceiling, or bulkhead.
Lettering or signage obstructs other required lettering.
**History**
- *Source: Added at 45 Ill. Reg. 4930, effective April 5, 2021*
##### **92 Ill. Adm. Code 441.APPENDIX** A Air Cleaner Through Barrier, Guard {#sec-441.appendix omnilex-key=us-il-regs-official--title-92--441.APPENDIX}
a)
AIR CLEANER
PROCEDURE/SPECIFICATIONS:
Any type is acceptable.
REJECT VEHICLE IF:
Air cleaner is not properly attached or is missing.
b)
AISLE
PROCEDURES/SPECIFICATIONS:
Unobstructed minimum clearance leading from service door to emergency door (or back of bus) must be at least 12 inches (305 mm) wide. For buses manufactured in July 1987 or later, aisle width at two inches below top of seat back must be 15 inches (380mm). Floor to ceiling height must be a minimum of 68.9 inches (1.75m) at any location within the aisle.
An aisle may be adjacent to any side emergency door. For buses manufactured on or after September 1, 1994, the following must be met:
1)
An unobstructed aisle measuring at least 11.7 inches (30 cm) must be maintained at all times, except with a flip-up seat is in the down position.
2)
No portion of the door latch mechanism can be obstructed by a seat.
3)
The 11.7 inches (30 cm) aisle is measured from the door opening to the seat back in front. (49 CFR 571.217)
AGENCY NOTE:
Flip-up seats are allowed. See SEATS, PASSENGER for standards.
REJECT VEHICLE IF:
Aisle does not meet minimum standards.
c)
ALTERNATOR
(GENERATOR)
PROCEDURES/SPECIFICATIONS:
The generator, or alternator with rectifier, shall have a minimum capacity rating of 60 amperes and shall be capable of meeting all electrical requirements.
REJECT VEHICLE IF:
Alternator does not meet minimum standards or is not functioning.
d)
AXLES
PROCEDURES/SPECIFICATIONS:
Must meet federal chassis requirements as indicated on federal certification label. (49 CFR 568)
REJECT VEHICLE IF:
Axles show visible signs of apparent damage, leaking fluids or are not firmly attached.
e)
BARRIER,
GUARD
PROCEDURES/SPECIFICATIONS:
A guard barrier, constructed and thickly padded so as to provide head, knee and leg protection, shall be installed in front of each forward facing passenger seat that does not directly face the rear surface of another passenger seat. The barrier must measure the same height as the passenger seat back directly behind that barrier. (49 CFR 571.222).
In a bus manufactured in January 1988 or later, guard barriers must measure the same height required of the seat back directly behind that barrier.
Exception: In a bus manufactured from July 1, 1987, to December 31, 1987, the barrier may measure less than the seat back behind the barrier.
Exception: In a bus with chassis (incomplete vehicle) manufactured in March 1977 or earlier, the barrier may consist of a floor-to-ceiling vertical stanchion, padded to within three inches of ceiling and floor, and a stanchion-to-wall, fully padded, horizontal guard rail. However, if located adjacent to stepwell, this type barrier shall include a stepwell guard panel that extends from the stanchion to the wall and from the guard rail to within two inches of the floor.
Exception: All buses manufactured prior to September 1974 are exempt from padding on stanchions and guard rails.
Exception: See 92 Ill. Adm. Code 445.APPENDIX A (Inspection Procedures for Special Education School Buses) for possible exception.
REJECT VEHICLE IF:
Barrier is not solidly attached. Padding or covering shows wear and tear. Barrier does not meet requirements.
**History**
- *Source: Amended at 22 Ill. Reg. 11889, effective June 29, 1998*
##### **92 Ill. Adm. Code 441.APPENDIX** B Battery or Batteries Through Bumper, Front {#sec-441.appendix omnilex-key=us-il-regs-official--title-92--441.APPENDIX}
a)
BATTERY OR
BATTERIES
PROCEDURES/SPECIFICATIONS:
One or more batteries may be mounted either in engine compartment or on outside of passenger/driver area. Battery (or batteries together) in a 12 volt system shall be rated, when new, to provide the following:
Engine manufacturer's recommended Cold Cranking Current (amperes for 30 seconds) at -18 degrees C (0 degree F) or, at the purchaser's option, at -29 degrees C (-20 degrees F).
The battery(s) shall provide a Reserve Capacity (duration of 25 ampere current flow) at 27 degrees C (80 degrees F) for no less than 135 minutes.
Low rate discharge capacity of 90 ampere-hours or more (20 hour discharge test at 80 degrees F).
Exception: A bus manufactured in August 1974 or earlier may have a 70 ampere-hour battery, in a 12 volt system.
REJECT VEHICLE IF:
Battery or batteries are not securely mounted; excessively corroded; of insufficient capacity.
b)
BATTERY
CABLES
PROCEDURES/SPECIFICATIONS:
Check condition.
REJECT VEHICLE IF:
Cables are corroded or are not securely attached.
c)
BATTERY
CARRIER
PROCEDURES/SPECIFICATIONS:
When the battery is mounted outside the engine compartment it shall be welded or bolted in a closed, weather-tight, and vented compartment that is located and arranged so as to provide for convenient routine servicing. The battery compartment door, or cover, shall be secured by a manually operated latch or other fastener. A latch or fastener must be designed in such a fashion as to keep the door closed when in the latched position. Each electrical cable connecting the battery in this carrier to the body or chassis shall be one piece between the terminal connector and the first body or chassis terminal connector.
REJECT VEHICLE IF:
Battery carrier does not meet requirements.
d)
BRAKES
PROCEDURES/SPECIFICATIONS:
Every motor vehicle shall be equipped with two separate means of applying the brakes and they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes. (Section 12-301(a) of the Illinois Vehicle Equipment Law)
REJECT VEHICLE IF:
Brakes do not meet requirements.
1)
Backing
Plate
PROCEDURES/SPECIFICATIONS:
Check condition.
REJECT VEHICLE IF:
Backing plate is in poor condition.
2)
Drums/
Discs
PROCEDURES/SPECIFICATIONS:
Inspect drums and/or discs for cracks or for being worn or reworked beyond the manufacturer's minimum limits.
REJECT VEHICLE IF:
Worn or reworked beyond the manufacturer's minimum limits.
3)
Emergency/
Parking
Brake
PROCEDURES/SPECIFICATIONS:
Emergency/parking brake system must apply brakes to at least two wheels. (Section 12-301(a) of the Illinois Vehicle Equipment Law)
AGENCY NOTE:
Micro brakes are not considered a separate means of braking and are not acceptable.
Procedures for testing:
1)
Apply operating control fully.
2)
Check actuating mechanism for release.
Brake Performance Test:
Using Drive-On Pad Type Tester:
1)
Drive vehicle onto brake machine pads at 4-8 m.p.h.
2)
Apply emergency/parking brakes to being vehicle to a halt. Do not lock wheels.
3)
Note the braking forces registered by the brake machine.
Using Roll-On Type Tester:
1)
Position axle with emergency brake onto roller.
2)
Apply emergency brake but do not lock wheels.
REJECT VEHICLE IF:
Emergency/parking brakes does not meet requirements.
Procedures for testing:
1)
Not equipped with emergency /parking brakes. Operating mechanism does not hold in the applied position.
2)
Actuating mechanism does not fully release when release control is operated properly.
Brake Performance Test:
Drive-On Tester:
Machine does not register a total braking force of at least 20% of vehicle empty weight. Braking forces at opposite wheels on same axle vary more than 20%.
Roll-On Tester:
Machine does not register a total braking force of at least 20% of vehicle empty weight. Braking forces at opposite wheels on same axle vary more than 20%.
4)
Emergency
Brake
Ratchet
(Pedal or
Lever)
PROCEDURES/SPECIFICATIONS:
Must be in proper adjustment. If vehicle was manufactured with a warning light, it must be visible when emergency brake is activated.
REJECT VEHICLE IF:
Emergency brake ratchet or warning light do not meet requirements.
5)
Pedal
Clearance
(Service
Brakes)
PROCEDURES/SPECIFICATIONS:
Minimum 1 ½ inch clearance with pedal fully depressed.
REJECT VEHICLE IF:
Pedal clearance does not meet requirements.
6)
Power
Systems
A)
Air
i)
Air Pressure
PROCEDURES/SPECIFICATIONS:
With air system fully charged (compressor governor "cut-out") run engine at low idle. Make one full (maximum) brake application and immediately record reservoir air pressure.
Apply and release brakes until pressure indicated on the air gauge is at least 10 psi (i.e., pounds per square inch) below governor "cut-in" pressure. Run engine at high idle and determine seconds required to raise reservoir pressure from recorded pressure.
REJECT VEHICLE IF:
Time required to raise air pressure from recorded to cut-out is more than 30 seconds. Air gauge is missing or does not operate.
ii)
Low Pressure Warning Device
PROCEDURES/SPECIFICATIONS:
Complete the following steps to evaluate low pressure warning device.
1)
Before starting the engine, apply brakes and release until low air pressure warning device functions.
2)
Start the engine.
3)
Apply service brakes and release until air compressor is activated.
4)
Continue to run engine until compressor cut-out pressure is reached.
5)
Record compressor cut-out pressure.
6)
Shut engine off.
Determine if low pressure warning device is missing or inoperative.
If located in the driver's forward field of view, the warning device can be a visual device only. If not located in the driver's front view, the device must be both audible and visible. For buses manufactured before September 1, 1974, the device can be either audible or visible.
Record the reading found on the pressure gauge at which the low pressure warning device functions.
REJECT VEHICLE IF:
Missing or inoperative low pressure warning device. Device does not meet requirements.
Low pressure warning device does not operate at 55 psi or one half cut-out pressure, whichever is less.
B)
Electric/
Hydraulic
PROCEDURES/SPECIFICATIONS:
Turn key to "off" position. Depress service brake pedal. Electric hydraulic pump must come "on" (listen).
REJECT VEHICLE IF:
Electric pump does not operate properly or is absent.
C)
Hydraulic
PROCEDURES/SPECIFICATIONS:
Inspect booster belt(s), supports, tubes, hoses, connections, and general condition. Clean reservoir and cover as necessary and check master cylinder fluid level. Do not contaminate fluid.
Turn key to "on" position. Warning signal must come on (look/listen). Depress brake pedal lightly. Start engine. Pedal must move down slightly (feel). Warning signal must go "off" (look/listen).
REJECT VEHICLE IF:
Belt is slack or worn; tube or hose is damaged; any part leaks or is cracked; master cylinder fluid is below manufacturer's recommended capacity.
Either booster or warning signal does not operate properly.
D)
Vacuum/
Hydraulic
PROCEDURES/SPECIFICATIONS:
Inspect tank(s), chambers, hoses, tubes, connectors, clamps, and booster air cleaner.
Inspect supports and attachments.
With engine off, repeatedly apply service brakes until vacuum is depleted, with medium pressure on brake pedal, start engine; release brake and operate engine until maximum vacuum is established; stop engine; apply service brakes hard.
With brakes still applied, start engine; after one minute of running engine, check "Low Vacuum" indicator.
REFJECT VEHICLE IF:
Any component is restricted, collapsed, scraped, cracked, loose, or broken. Booster air cleaner is clogged.
Any support or attachment is broken. Any connecting line or other component is not attached or supported so as to prevent damage from scraping or rubbing.
Foot pedal does not fall away from foot when engine is started; insufficient vacuum reserve to permit one full service brake application after engine is off without actuating "low vacuum" indicator; valve or diaphragm leaking.
7)
Service
Brakes
PROCEDURES/SPECIFICATIONS:
Must be equipped with service brakes on all wheels. (Section 12-301(a)(5) of the Illinois Vehicle Equipment Law)
Must be equipped with a "split system" on service brakes. (49 CFR 571.105)
Power-assisted service braes are required. (49 CFR 571.105)
REJECT VEHICLE IF:
Service brakes do not meet requirements.
A)
Brake
Inspection
Report
PROCEDURES/SPECIFICATIONS:
Verify Brake Inspect Report for following (refer to Section 441.Illustration C for example of form):
1)
Vehicle Identification Number (VIN), make and year must correspond to the bus presented for inspection.
2)
The Brake Inspection Report must indicate the date and mileage at time the brake inspection was performed. If date is more than one year prior to time of inspection or mileage has exceeded 10,000 miles, a brake inspection must be performed.
3)
The form must be completed with all required information. No blank lines are acceptable.
Exception: If the bus has operated less than 10,000 miles and less than 12 months have passed since the bus was manufactured, a Brake Inspection Report is not required. Write "Less than 10,000 miles and less than one year old" in the remarks section on the Vehicle Inspection Report.
REJECT VEHICLE IF:
Absent, invalid, or incomplete Brake Inspection Report.
B)
Brake
Performance
Test
PROCEDURES/SPECIFICATIONS:
Using Drive-On Pad Type Brake Tester:
Check vehicle's stopping ability before testing.
Drive vehicle onto brake machine pads at 4-8 m.p.h.
Apply service brakes to bring vehicle to a halt. Do not lock wheels.
Note the braking forces registered by the brake machine.
Using Roll-On Type Tester:
When using roller-type tester each axle must be tested separately. Transmission must be in neutral when testing brakes on any drive axle.
Drive front axle onto rollers. Start roller motor. Apply service brakes but do not lock wheels.
Repeat the above steps for each axle.
The total braking force on a vehicle must be determined by adding the results of the test on each axle.
REJECT VEHICLE IF:
Drive-On Tester:
Machine does not register a total braking force of at least 60% of the vehicle empty weight.
Computerized tester does not register a total braking force of at least 45% of the vehicle empty weight.
Roll-On Tester:
Braking forces at opposite wheels on same axle vary more than 20%.
Machine does not register a total braking force of at least 60% of the vehicle empty weight. Braking forces at opposite wheels on same axle vary more than 20%.
e)
BUMPER,
FRONT
PROCEDURES/SPECIFICATIONS:
Either channel type, formed of rolled steel at least .177 inch (4.5 mm) (approximately 3/16 inch) thick, or approved energy absorbing type.
Buses manufactured in August 1974 or later must have 7.9 inches (200 mm) or more vertical black face.
Bumper must extend to outer edges of fenders and other front end sheet metal. Must be of strength to permit pushing vehicle of equal weight without permanent distortion.
(See CROSSING CONTROL ARM in Section 441.Appendix C for requirements.)
Exception: Buses manufactured prior to September 1974 are exempt from bumper thickness and 7.9 inches face requirement.
Exception: For buses that meet the definition of a Type I-A school bus, as defined in Section 441.40, the front bumper may meet manufacturer's specifications when the Type I-A school bus is equipped with a driver side air bag.
REJECT VEHICLE IF:
Font bumper does not meet thickness, face height and color requirements. Must be solidly attached, in good condition, free from damage and sharp edges.
**History**
- *Source: Amended at 25 Ill. Reg. 3283, effective February 20, 2001*
##### **92 Ill. Adm. Code 441.APPENDIX** C Bumper, Rear Through Drive Shaft Guard {#sec-441.appendix omnilex-key=us-il-regs-official--title-92--441.APPENDIX}
a)
BUMPER,
REAR
PROCEDURES/SPECIFICATIONS:
Channel steel at least 18 inches (4.55 mm) (approximately 3/16 inch) thick with a minimum 8.9 inches (225 mm) black face, full wrap around and attached so as to prevent hitching rides (i.e., "nonhitchable").
Shall be attached so that removal is possible by commonly available hand tools.
Shall be of strength to permit bus being pushed by another vehicle without permanent distribution.
AGENCY NOTE:
"Nonhitchable" is defined as the rear of the bus being designed and maintained to prevent or discourage riding or grasping rear of bus so as to "hitch" rides.
REJECT VEHICLE IF:
Rear bumper does not meet requirements. Not solidly attached. Sharp edges are present. Rear bumper is hitchable.
b)
CERTIFICATE AND
REGISTRATION
CARDHOLDER
PROCEDURES/SPECIFICATIONS:
At least one card holder with a transparent face no less than 5.9 inches by 3.9 inches (150 mm by 100 mm) shall be securely affixed to the inside header panel out of students' easy reach.
REJECT VEHICLE IF:
Certificate and registration card holder does not meet requirements.
c)
CERTIFICATION
LABEL (FEDERAL)
PROCEDURES/SPECIFICATIONS:
Inspect federal certification label if the chassis (incomplete vehicle) was manufactured on or after June 1, 1971. The certification label may be supplemented by an alterer's certification.
The manufacturer's label must contain the following information:
1)
Name of vehicle (bus) manufacturer and the month and year in which manufacture of the vehicle was completed;
2)
Name of incomplete vehicle (chassis) manufacturer and the month and year in which he performed his last manufacturing operation on the incomplete vehicle;
3)
Gross vehicle weight rating, or ratings (GVWR);
4)
Gross axle weight ratings (GAWR);
5)
The statement, "This vehicle conforms to all applicable federal motor vehicle safety standards in effect in (month/year)";
6)
The vehicle identification number (VIN);
7)
The vehicle's classification (usually "BUS"). (49 CFR 567.5)
Alterer's certification: A certified vehicle might have been altered before its purchase for use as a school bus. The alterations may have included, but are not limited to, classification changes, gross weight rating changes, or changes to the application/effective date of a federal motor vehicle safety standard. If any such alteration occurred, the bus must carry an additional federal label that identifies the alterer, shows when alteration was completed, "as altered" GVWR, GAWR and classification (if changed). It must also state that the altered vehicle conforms to all applicable federal motor vehicle safety standards in effect in (month/year). (49 CFR 567.7)
REJECT VEHICLE IF:
A required label is absent, defaced, destroyed, not riveted, or not permanently affixed. "Permanently affixed" means the label cannot be removed without destroying or defacing it.
A certification label does not contain the required statement and all other information required for that label.
d)
CROSSING CONTROL
ARM
PROCEDURES/SPECIFICATIONS:
1)
Required on school buses manufactured after December 31, 1997.
2)
Must meet or exceed SAE J1133.
3)
Must be capable of full operation between, and including, the temperatures -40º F and 160º F.
4)
The arm, when activated, must extend a minimum of five feet from the front face of the bumper.
5)
The arm must be mounted on the far right side (entry side) of the front bumper.
6)
Appropriate brackets shall be used to attach the arm to the front bumper for proper operation and storage.
7)
All component parts must meet or exceed any applicable federal motor vehicle safety standards in effect at the time of manufacture.
8)
The arm must extend at the same time the stop arm panel extends. An independent "on/off" switch is prohibited.
9)
If the driver can stop the arm from extending with the use of an optional override switch, the arm sequence must automatically reset once the service door is closed.
10)
Red lights and/or red reflectors are prohibited.
REJECT VEHICLE IF:
If equipped, arm does not meet requirements.
e)
DEFROSTERS
PROCEDURES/SPECIFICATIONS:
Using heat from heaters and circulation from fans, defrosting equipment shall keep the windshield, the windows to the left of the operator, and the glass in the service door clear of fog, frost, and snow. Must conform to federal standards 49 CFR 571.103. (Auxiliary fans are not considered to be a defrosting and defogging system).
REJECT VEHICLE IF:
Defrosting system does not function properly.
Auxiliary fans are not securely mounted or blades are not protected.
f)
DRIVE SHAFT
GUARD
PROCEDURES/SPECIFICATIONS:
Shall be of sufficient strength to protect each segment of the drive shaft and prevent it from going through the floor or dropping to the ground if broken.
REJECT VEHICLE IF:
Drive shaft guard is missing, not firmly attached, or does not properly protect each segment of the drive shaft.
**History**
- *Source: Amended at 22 Ill. Reg. 11889, effective June 29, 1998*
##### **92 Ill. Adm. Code 441.APPENDIX** D Electrical System Through Fenders {#sec-441.appendix omnilex-key=us-il-regs-official--title-92--441.APPENDIX}
a)
ELECTRICAL
SYSTEM
1)
Circuits
PROCEDURES/SPECIFICATIONS:
Shall be arranged in at least nine regular circuits as follows:
1)
Head, tail, stop (brake) and instrument panel lamps;
2)
Clearance lamps and any lamp in or adjacent to step risers;
3)
Interior lamps;
4)
Starter motor;
5)
Ignition, emergency exist alarm signals and other alarm signals;
6)
Turn signal lamps;
7)
Alternately flashing signal lamps and stop signal arm lamps;
8)
Horn;
9)
Heater and defroster.
A separate fuse or circuit breaker for each circuit, except starter motor and ignition.
REJECT VEHICLE IF:
Breaks in insulation are present. Not on proper circuit or properly wired.
2)
Fuses
PROCEDURES/SPECIFICATIONS:
Two extra fuses for each size fuse used on the bus shall be conveniently mounted on the bus today.
REJECT VEHICLE IF:
Fuses are not present or are not conveniently mounted.
3)
Switches
PROCEDURES/SPECIFICATIONS:
Check operation and condition.
REJECT VEHICLE IF:
Switches are not operating properly or are missing.
4)
Wiring
PROCEDURES/SPECIFICATIONS:
All wires shall be properly insulated and securely attached at not more than 18.1 inches (460 mm) intervals. Check condition.
REJECT VEHICLE IF:
Insulation is frayed or missing. Wiring not securely attached.
b)
EMERGENCY
EXITS
PROCEDURES/SPECIFICATIONS:
All buses must be equipped with either a rear emergency door or a left side emergency door and a rear emergency window. (49 CFR 571.217)
Additional emergency exits, including roof hatches, may be required on buses manufactured on or after September 1, 1994. (49 CFR 571.217) (See Section 441.Illustration F)
For those buses manufactured on or after May 2, 1994, each opening for a required emergency exit must be outlined around its outside perimeter with a minimum 1 inch (2.54 cm) wide yellow retroreflective tape. This yellow retroreflective tape must be on the exterior surface of the bus. (49 CFR 571.217)
Optional emergency roof hatches are allowed. They must be installed according to manufacturer's specifications.
Open and close roof hatches (required or optional) to verify their operation.
REJECT VEHICLE IF:
Emergency exits do not meet requirements. Roof hatches do not open.
1)
Side
PROCEDURES/SPECIFICATIONS:
Inside release mechanism must be protected against accidental release; easily accessible; and readily operated manually without the use of remote control, power device, or tool.
Shall be hinged on front side and open outward. Shall be equipped with safety glass (or equivalent). Glass shall be located in upper portion of the door. Door shall be of at least the same gauge metal as the body. Shall be 24 inches or more clear horizontal opening, with forward edge of opening in line with the rearmost edge of a seat back. Shall have 45 inches or more clear vertical opening. Door and rubber seal must not be defective. (See Alarms and Locks in this subsection for requirements.)
For buses manufactured on or after September 1, 1994, there must be at least 11.7 inches (30 cm) measured from the door opening to the seat back in front. (49 CFR 571.217)
REJECT VEHICLE OF:
Release mechanism is not protected, accessible, or operable (inside and outside); unable to open easily; hinge is located at incorrect location; location and size of opening is incorrect. General condition of door and/or rubber seal is defective.
2)
Rear
PROCEDURES/SPECIFICATIONS:
Inside release mechanism must be protected against accidental release; easily accessible; readily operated manually without use of remote control, power device, or tool.
Shall have permanently attached inside and outside release handles. Outside release handle must be non-hitchable.
Rear exit shall hinge on right; open outwards; have a 24 inch or more clear horizontal opening and 45 inch or more clear vertical opening above floor. Glazing shall be installed in upper and lower portions. Door and rubber seal must not be defective. (See Alarms and Locks in this subsection for requirements.)
Exception: Buses manufactured before September 1974 are exempt from glazing in lower portion of rear emergency door.
REJECT VEHICLE IF:
Inside release mechanism is not protected. Inside and outside release mechanisms are not accessible or do not operate properly. Outside release mechanism is hitchable. Door does not open easily. Location of hinge is incorrect. Size of opening is incorrect. Glazing does not meet requirements. General condition of door and/or rubber seal is defective.
3)
Window
PROCEDURES/SPECIFICATIONS:
When the emergency door is located on the left side, a rear emergency window shall be provided. Minimum 16 inches high and 48 inches wide. Designed to be opened from the inside or the outside. Hinged on top, designed and operated to insure against accidental closing in an emergency. Inside handle shall provide for quick release. Outside handle shall be nondetachable and nonhitchable. (See Alarms and Locks in this subsection for requirements.)
Optional emergency windows are allowed. They must be labeled "Emergency Exit" in letters at least two inches high, of a color that contrasts with its background, located at the top of or directly above the window on the inside surface of the bus.
REJECT VEHICLE IF:
If equipped, operating mechanisms do not function. Glass is cracked or broken.
4)
Alarms and
Locks
PROCEDURES/SPECIFICATIONS:
Both audible and visible alarms shall alert the driver when engine is running and any emergency exit door either:
A)
Is not fully latched, or
B)
Is locked and not readily operated manually.
An audible alarm shall alert the driver when engine is running and any emergency exit window either:
A)
Is not fully latched, or
B)
Is locked and not readily operated manually.
The engine starting system shall not operate while any emergency exit door or window (optional or required) is locked from either inside or outside the bus. "Locked" means that the release mechanism cannot be activated and the exit opened by a person at the exit without a special device such as a key or special information such as a combination.
Alarm cut-off or "squelch" control is prohibited.
Exception: No alarm is required for roof hatches.
Exception: On a bus with chassis (incomplete vehicle) manufactured in March 1977 or earlier, the "not fully latched" alarm may only be audible to the seated driver. The engine starting system may operate while the emergency door is locked.
REJECT VEHICLE IF:
Alarms do not alert driver as required. Locks do not meet requirements.
c)
ENTRANCE DOOR
1)
Physical
Requirements
PROCEDURES/SPECIFICATIONS:
Minimum 24 inch horizontal opening. Minimum 68 inch vertical opening. Jack-knife or split type door required on buses purchased after September 1974. If split type door is used and one section opens inward and the other outward, front section shall open outward. Door shall be located on the right side near the front convenient to the seated driver's unobstructed vision. Entrance door shall be power or manually operated from the driver's seat and designed to afford easy release and prevent accidental opening. No parts of the over center door control shall come together so as to shear or crush fingers.
The over center door control must operate properly and must not bind or jam. Vertical closing edges shall be equipped with flexible material for a proper seal and to prevent injury. Lower and upper panels of door shall be of safety glass or equivalent. Bottom of lower panel shall be not more than 35 inches from ground when unloaded. Top of upper glass panel shall be not more than 6 inches from top of door. No door is permitted to left of driver.
A service door equipped with power shall also be capable of manual operation in case of power failure.
Exception: All buses purchased prior to September 1974 are exempt from split type door. They may be split, sedan, or jack-knife type.
REJECT VEHICLE IF:
Binding or jamming is evident, mal-functions, over-ride device on power operated door does not function, control not accessible by driver.
Door is missing, loose, or damaged. Rubber seal is missing or torn.
2)
Locks and
Alarms
PROCEDURES/SPECIFICATIONS:
A service door lock is not required, but if any type of service door locking system is installed on the bus, the system shall conform to at least one of the following:
1)
The locking system shall not be capable of preventing the driver from easily and quickly opening the service door from inside the vehicle; or
2)
A locking system that is capable of preventing the bus driver from easily and quickly opening the service door shall include an audiovisual alarm. The alarm shall be audible and visible and must alert the driver when the engine is running and the service door is locked. An alarm disconnect, "squelch control," or other alarm defeating or weakening device shall be prohibited; or
3)
A locking system shall not be capable of preventing the bus driver from easily and quickly opening the service door except when a person outside the bus uses a key that is not capable of locking more than one of at least 1000 of the door manufacturer's key locking systems.
REJECT VEHICLE IF:
Locks and alarms do not meet requirements. Bent, worn, or dislocated parts that would delay quick door release and opening are present.
d)
EXHAUST
SYSTEM
PROCEDURES/SPECIFICATIONS:
"Exhaust System" includes each component used to conduct gas from an engine exhaust port (manifold) to authorized exit point, including each sealing, connecting, and supporting component. Exhaust system shall be outside body and attached to chassis. Size of tailpipe shall not be reduced after it leaves muffler. Any flexible component that contains exhaust gas shall be of stainless steel. System shall not leak. System shall have an outlet at its discharge end(s) only.
1)
General
REJECT VEHICLE IF:
All parts of system are not securely fastened and supported.
Any part of system is leaking or missing.
Any part of system contains holes not made by manufacturer.
2)
Shielding
PROCEDURES/SPECIFICATIONS:
Any flammable material, electrical insulation, brake hose, or fuel system component containing fuel that is located within 11 13/16 inches (300 mm) of a component containing exhaust gas shall be safeguarded by a heat shield.
Exhaust system shall be shielded from either accidental contact, "hitching to," or "standing on," except at discharge end. A chassis or body component may provide required shield.
Exception: Fuel system components on diesel powered engines that are located within four inches of a component containing exhaust gas shall be shielded.
REJECT VEHICLE IF:
Shielding is not present (if applicable).
3)
Discharge
PROCEDURES/SPECIFICATIONS:
The exhaust system's discharge end (tail pipe) shall be within .98 inch (25mm) of bus side, rear, or rear corner. It must not extend more than one inch past the bumper. Exhaust fumes shall not be directed towards a door or other opening into bus body. In addition, the discharge end, or ends, shall not be located in any prohibited zone shown in Illustration B.
REJECT VEHICLE IF:
Exhaust discharges into prohibited zones (see Illustration B).
Exhaust system (tail pipe) does not discharge in proper location
Tail pipe extends more than one inch past the bumper.
Exhaust fumes are released towards a door or other opening into bus body.
e)
FENDERS
PROCEDURES/SPECIFICATIONS:
Shall be properly braced and free from any body attachment.
There shall be approximately one inch located between front fenders and back face to cowl.
REJECT VEHICLE IF:
Fenders are not solid or in bad condition.
Sharp edges are evident.
Fenders are loose or protrude out.
**History**
- *Source: Amended at 22 Ill. Reg. 11889, effective June 29, 1998*
##### **92 Ill. Adm. Code 441.APPENDIX** E Filter, Oil Through Frame and Body {#sec-441.appendix omnilex-key=us-il-regs-official--title-92--441.APPENDIX}
a)
FILTER, OIL
PROCEDURES/SPECIFICATIONS:
Replaceable element or cartridge type. Minimum one-quart capacity.
REJECT VEHICLE IF:
Oil filter leaks or does not meet requirements.
b)
FIRE
EXTINGUISHER
PROCEDURES/SPECIFICATIONS:
Pressurized dry-chemical gauge type approved by Underwriters' Laboratories, Inc., rating of not less than 10 B.C. mounted in bracket and readily accessible. Sealed with a type of seal that will not interfere with operation. If stored in locked compartment, compartment must be labeled. Halon fire extinguishers (10 B.C.) are approved.
REJECT VEHICLE IF:
Gauge does not indicate in the calibrated or marked "Full Charge" area. Seal is broken. Extinguisher is not mounted, not in a quick release holder or not labeled in compartment, if applicable. Improper rating. Missing.
c)
FIRST AID KIT
PROCEDURES/SPECIFICATIONS:
Kit shall be readily identifiable, removable, and mounted in readily accessible place in driver's compartment — either in full view or in secured compartment (see LOCKED COMPARTMENT). If not carried in compartment, the case shall be dust tight and substantially constructed of durable material. The contents shall include, but not be limited to, the following:
Unit Type (Minimum Contents)
4" bandage compress – 2 packages (May be 1 package in bus with chassis [incomplete vehicle] manufactured in March 1977 or earlier.)
2" bandage compress – 2 packages (May be 1 package in bus with chassis [incomplete vehicle] manufactured in March 1977 or earlier.)
1" bandage or adhesive compress – 1 package
40" triangle bandage with two safety pins – 1
Splint, wire or wood – 1
A tourniquet or any type of ointment, antiseptic, or other medicine shall not be included.
AGENCY NOTE:
OSHA approved blood-borne pathogen kits are permitted.
REJECT VEHICLE IF:
Kit is not complete. Dust or other visible dirt is present inside case. Minimum number of individual packages are not sealed. Medicine or tourniquet is present. Locked compartment containing kit is not labeled. Not mounted in readily accessible location. Missing.
d)
FLOORS AND
FLOOR
COVERING
PROCEDURES/SPECIFICATIONS:
Covering in underseat area, including tops of wheel housings, driver's compartment, interior engine cover, and toeboard shall be covered with fire-resistant floor covering of type commonly used in passenger transportation equipment. The floor covering in the aisle and entrance area shall be a nonskid, wear-resistant, and fire-resistant type commonly used in commercial passenger transportation vehicles. Covering and metal floor stripping must be permanently bonded to floor and must not crack when subjected to sudden changes in temperature. Bonding or adhesive material shall be waterproof. All seams must be sealed with waterproof sealer.
All openings in floorboard or firewall between chassis and passenger-carrying compartment must be solid and sealed. Interior engine cover must be securely fastened.
Boots and seals around shift levers, emergency brakes and interior engine covers must be secure and solidly attached.
REJECT VEHICLE IF:
Abnormal wear and obstructions are present. Holes or openings are present in floors, floor covering, or boots. Metal floor stripping is not securely attached or broken. Interior engine cover is not fastened securely. Floor or floor covering does not meet requirements.
e)
FRAME AND
BODY
PROCEDURES/SPECIFICATIONS:
Visually inspect:
1)
Body mounts shall be attached and sealed to the chassis cowl so as to prevent the entry of water, dust or fumes through the joint between the chassis cowl and the body.
2)
Cross members and mounting bolts.
3)
Engine mounting bolts.
4)
Frame shall extend to rear of body cross member.
5)
Frame extension is permitted when alterations are behind rear hanger or rear springs and not for the purpose of extending wheel base.
6)
Collision damage which is detrimental to the safe operation of the vehicle.
REJECT VEHICLE IF:
1)
Cracked, loose, missing bolts. Any repair done by welding body to frame, insulation strip missing.
2)
Loose, cracked, broken or missing.
3)
Missing, loose.
4)
Cracked, broken, bent, rusted to a depth as to substantially weaken frame – welding except by body manufacturer.
5)
Unless permitted, frame extends past wheel base.
6)
Collision damage which is detrimental to the safe operation of the vehicle.
**History**
- *Source: Amended at 22 Ill. Reg. 11889, effective June 29, 1998*
##### **92 Ill. Adm. Code 441.APPENDIX** F Fuel Storage and Delivery System Through Horn {#sec-441.appendix omnilex-key=us-il-regs-official--title-92--441.APPENDIX}
a)
FUEL STORAGE
AND DELIVERY
SYSTEM
PROCEDURES/SPECIFICATIONS:
Entire fuel system, except extensions for driver control of air or fuel, must be outside passenger and driver compartment.
REJECT VEHICLE IF:
Any part of fuel system, except extensions for driver control of air or fuel, is within passenger/driver compartment.
1)
Fuel Filler
Cap
PROCEDURES/SPECIFICATIONS:
Meets manufacturer's specifications. Must be the same as or equivalent to original equipment.
REJECT VEHICLE IF:
Fuel filler cap is defective or missing.
2)
Fuel Lines
PROCEDURES/SPECIFICATIONS:
Firmly attached. No leakage, seepage, abrasion, or chafing. Must be 11 13/16 inches (300 MM) from any part of exhaust system that contains exhaust gas or be safeguarded by a heat shield. Inside engine compartment, the chassis manufacturer's standard shall govern separation and shielding between parts designed by chassis manufacturer.
Exception: Fuel system components on diesel powered engines that are located within four inches of a component containing exhaust gas must be shielded.
REJECT VEHICLE IF:
Fuel lines are cracked, leaking, insecure mounting, damaged, clamps missing, mount clips missing or not separated or not shielded properly (if applicable).
3)
Fuel Filler
Tube
PROCEDURES/SPECIFICATIONS:
Check condition.
REJCT VEHICLE IF:
Fuel filter tube leaks or is not secure.
4)
Fuel Pump
PROCEDURES/SPECIFICATIONS:
Check condition.
REJECT VEHICLE IF:
Fuel pump leaks, is damaged or is not secure.
5)
Fuel Tank(s)
PROCEDURES/SPECIFICATIONS:
Tank must be safeguarded by structure that protects from side or angular impact blows. (49 CFR 571.301)
Exception: A bus with chassis (incomplete vehicle) manufactured in March 1977 or earlier is exempt from being equipped with a tank guard structure.
REJECT VEHCILE IF:
Fuel tank(s) have leakage, seepage, or abrasion; hole or crack that would leak or seep when tank is full.
6)
Fuel Tank
Mount(s)
PROCEDURES/SPECIFICATIONS:
Check condition.
REJECT VEHICLE IF:
Fuel tank mount(s) are cracked, loose, or bolts are missing.
7)
Fuel tank
straps
PROCEDURES/SPECIFICATIONS:
Check condition.
REJECT VEHICLE IF:
Fuel tank straps are cracked, loose, or missing.
8)
Alternate
Fuel Systems
(LPG or CNG)
An alternate fuel system which is no longer in use must be completely removed from the vehicle.
A)
Carburetion
Equipment
A fuel filter is required on alternate fuel systems.
B)
Container
Installation
i)
Compressed or liquefied gas containers shall not be mounted in the passenger or driver's compartment.
ii)
Container vales, appurtenance and connections shall be mounted in an enclosed compartment.
iii)
Containers shall be located at least 36 inches from the entrance door and any emergency exit. Due to the smaller size of Type II school buses, space limitations may sometimes make it impossible to locate a fuel tank further than 36 inches from an exit. A Type II school bus has a gross vehicle weight rating of 10,000 pounds or less [625 ILCS 5/12-800] as defined in Section 12-800 of the Illinois Vehicle Equipment Law. If the original fuel tank for a Type II bus was located within 36 inches from any exit, the alternate fuel container may be located in the same location as the original tank.
C)
Identification
The fuel identification decal (See Section 441.Illustration D.) shall be displayed near the rear bumper and visible from the rear of the vehicle. The decal shall not be placed on any black portion of the bus body.
D)
Pipe and Hose
Installation
i)
No fuel supply line shall pass through the driver or passenger's compartment.
ii)
The pressure relief device shall be fabricated so that in the event of stress, the pipe or adapter will break away without impairing the function of the relief valve.
iii)
If installed, the adapter connecting the piping system to the pressure relief device shall neither touch nor restrict any movable part of the pressure relief valve.
iv)
The relief valve discharge piping system (piping system) must not be reduced at any point from the relief valve to the point of release into the atmosphere.
v)
The piping system shall be routed to minimize sharp elbows or bends. Installation of any commercially available piping installed to meet the manufacturer's specifications is acceptable. Any fittings that restrict the flow of discharge are prohibited. From the pressure relief device adapter to the atmosphere, the minimum inside diameter of the piping must measure at least ¾ of an inch.
vi)
The piping system shall neither block nor hamper the operation of any window or door. The piping system shall preserve widths of passageways, aisles and emergency exits.
vii)
Every portion of the piping system shall be gas tight (except the outlet) and shall be able to withstand forces from the discharge when the relief valve is in full open position. If for any reason the discharge outlet becomes blocked, the piping system must be capable of holding the full system pressure.
viii)
To facilitate the removal of accumulated water, a drain cock shall be installed at the lowest point of the piping system. The drain must be capable of being held open manually and close automatically to prevent expelling LPG if discharged through the relief valve. A weep hole, or other opening that may result in discharged LPG flaming beneath the bus is prohibited.
ix)
The portion of the piping system that leads upward to the atmosphere shall be installed either inside the passenger compartment, on the outside of the bus, or in the body wall between the inner and outer "skins" of the bus body.
x)
Piping on the outside of the body shall be shielded below the window line to prevent "grabbing hold" or "hitching to." However, discharge piping that is located between the windshield and the vent window at the left front corner of the body need not be shielded.
xi)
Any portion of the piping system that is installed either inside the passenger compartment or inside the body wall shall consist of one piece originating below the bus floor and exiting outside the bus roof. Every hole where piping passes through the floor or roof shall be sealed.
xii)
The piping system must terminate above the eave lines of the bus body.
xiii)
The outlet of the piping system shall be located at least 36 inches from the air inlet or outlet of a ventilator or similar device installed on or near the roof. A "similar device" includes the fresh air intake of a heating, ventilating or air conditioning system. It does not include a side window that opens near the roof.
xiv)
A rain cap is required where the piping system exits into the atmosphere to minimize water or dirt from entering into either the relief valve or its discharge piping. Installation of any commercially available rain cap installed to meet the manufacturer's specifications is acceptable. The cap shall be installed to minimize the entrance of water or dirt while the vehicle is in motion.
xv)
The discharge piping system on a special education school bus shall conform to all provisions of this Part.
REJECT VEHICLE IF:
Alternate fuel system does not meet requirements listed above.
b)
GRAB HANDLES
1)
Exterior
PROCEDURES/SPECIFICATIONS:
At least one step grab handle shall be located on each side at front of body so as to provide easy access to windshield.
REJECT VEHICLE IF:
Exterior grab handles are missing or loose.
2)
Interior
PROCEDURES/SPECIFICATIONS:
Stainless clad steel with measurements not less than 10 inches long located in unobstructed location inside doorway.
As instructed by an officer of the Department, draw a ½ inch hexagon nut attached to a string through the junction where the grab handle attaches to the lower stepwell.
REJECT VEHICLE IF:
Interior grab handles are missing or are not solidly attached.
Nut becomes lodged on the grab handle. (Retrofit kit is required).
d)
HEATERS
PROCEDURES/SPECIFICATIONS:
Nameplate must identify manufacturer and heater rating capacity. Must be capable of maintaining inside temperature of 50 degrees. The heater hoses shall be supported to guard against excessive wear due to vibration and shall not interfere with or restrict the operation of any engine function. Any hose in the passenger compartment shall be protected to prevent injury from burns in the event of rupture. If heater is not protected by a seat, it must be padded.
REJECT VEHICLE IF:
Heater is missing; in poor working condition; defective hoses, supports or baffles; not firmly attached or not padded when required.
d)
HOOD
PROCEDURES/SPECIFICATIONS:
Open hood and inspect safety catch and hinges for proper operation. Close hood and inspect for proper full closure. Manually inspect latches or remote control for proper operation.
REJECT VEHICLE IF:
Hood does not open or hood latches do not securely hold hood in its proper fully-closed position. Secondary or safety catch does not function properly. Hinge is broken, missing, or not attached to body.
e)
HORN
PROCEDURES/SPECIFICATIONS:
At least one horn shall be provided giving an audible warning at a distance of 200 feet and shall be conveniently controlled from the operator's seated position. (Section 12-601 of the Illinois Vehicle Equipment Law)
REJECT VEHICLE IF:
Horn control is missing, defective or not audible.
**History**
- *Source: Amended at 22 Ill. Reg. 11889, effective June 29, 1998*
##### **92 Ill. Adm. Code 441.APPENDIX** G Instruments and Instrument Panel Through Locked Compartment {#sec-441.appendix omnilex-key=us-il-regs-official--title-92--441.APPENDIX}
a)
INSTRUMENTS
AND INSTRUMENT
PANELS
PROCEDURES/SPECIFICATIONS:
Shall be equipped with the following nonglare illuminated instruments and gauges mounted for each maintenance and repair and in such a manner that each is clearly visible to the seated driver. An indicator light instead of a pressure or temperature gauge is permissible. (49 CFR 571.101)
1)
Speedometer;
2)
Odometer;
3)
Fuel Gauge;
4)
Oil Pressure Gauge;
5)
Water Temperature Gauge;
6)
Ammeter (voltmeter) with graduated charge and discharge indications;
7)
High beam headlight indicator;
8)
Directional signal indicator;
9)
Air pressure or vacuum gauge (when air or vacuum brakes are used);
10)
Eight light flasher indicator;
11)
Emergency/service brake indicator.
REJECT VEHICLE IF:
Instruments or instrument panel do not operate properly; instruments are missing; inaccurate readings.
b)
INSULATION
PROCEDURES/SPECIFICATIONS:
The ceiling and sidewalls shall be thermally insulated with a fire-resistant material which shall reduce the noise level and vibrations.
REJECT VEHICLE IF:
Insulation does not meet requirements.
c)
LETTERING
1)
Exterior
PROCEDURES/SPECIFICATIONS:
The body and chassis manufacturer's name, emblem, or other identification may be displayed (colorless or any color) on any unglazed surface of the bus.
AGENCY NOTE: School buses with interstate authority may display the company's name, city and state of its base and the interstate "MC" number. This lettering must be black in color.
REJECT VEHICLE IF:
Exterior lettering does not meet requirements. Lettering or decals are not distinct, required or allowed. Lettering is obstructed.
A)
Front
PROCEDURES/SPECIFICATIONS:
"SCHOOL BUS" in black at least eight inches (200 mm) high placed as high as possible on body or sign attached thereto. Vehicle number assigned for identification shall be a minimum of four inches (100 mm) high and located as high as practicable. Decals are permissible. All lettering must be black. (Section 12-802 of the Illinois Equipment Law)
REJECT VEHICLE IF:
Lettering does not meet requirements. Lettering is not distinct, required or allowed. Lettering is obstructed.
B)
Left
PROCEDURES/SPECIFICATIONS:
Either the owner's name or the school district number or both must be at least four inches high, approximately centered and as high as practicable below window line. (Section 12-802 of the Illinois Vehicle Equipment Law) The above required lettering must be located on one line.
If the bus is equipped with a side emergency door, it must be labeled "EMERGENCY EXIT" in letters at least two inches high directly at the top of the emergency door, or directly above, or on door glazing.
Optional: Vehicle number assigned for identification may be displayed at a minimum height of four inches (100 mm).
Decals are permissible. All lettering must be black.
For buses manufactured on or after May 2, 1994, "EMERGENCY DOOR" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, any emergency exit door. For any emergency window exit , "EMERGENCY EXIT" must be located at the top of, or directly above, or at the bottom of the emergency window exit in letters at least 1.95 inches (5 cm) high. The labeling must be of a color that contrasts with its background. (49 CFR 571.217)
REJECT VEHICLE IF:
Lettering does not meet requirements. Lettering is not distinct, required, or allowed. Lettering is obstructed
C)
Rear
PROCEDURES/SPECIFICATIONS:
"SCHOOL BUS" in black lettering at least eight inches (200 mm) high placed as high as possible on body or sign attached thereto. (Section 12-802 of the Illinois Vehicle Equipment Law) "EMERGENCY DOOR" or "EMERGENCY EXIT" in lettering at least two inches high at top of emergency door, or directly above, or on door glazing.
"EMERGENCY EXIT" (for buses without rear emergency door) in letters at least two inches high directly below rear emergency window, or on exit glazing. An arrow, at least 5.9 inches in length and ¾ inch in width indicating direction each release mechanism should be turned to open door or window located within 5.9 inches of release handle, in black. Vehicle number assigned for identification shall be a minimum 4 inches (100 mm) high. Decals are permissible. All lettering must be black.
If bus uses alternate fuel (e.g., propane, CNG), vehicle must be marked with identifying decal. Such decal shall be diamond shaped with white or silver scotchlite letters one inch in height and a strike of the brush at least ¼ inch wide on a black background with a white or silver scotchlite border bearing either the words or letters:
"PROPANE" =If propelled by liquefied petroleum gas other than liquefied natural gas; or
"CNG" = If propelled by compressed natural gas. The sign or decal shall be maintained in good legible condition.
The alternate fuel decal shall be displayed near the rear bumper and visible from the rear of vehicle. (See Appendix F(a)(8) and Section 441.Illustration D.) (Section 12-704.3 of the Illinois Vehicle Equipment Law)
For business manufactured on or after May 2, 1994, "EMERGENCY DOOR" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, any emergency exit door. For any emergency window exit, "EMERGENCY EXIT" must be located at the top of, or directly above, or at the bottom of the emergency window exit in letters at least 1.95 inches (5 cm) high. The labeling must be of a color that contrasts with its background (49 CFR 571.217)
REJECT VEHICLE IF:
Lettering does not meet requirements. Lettering or arrows are not distinct, required, or allowed. Lettering is obstructed.
Buses using alternate fuels are not properly marked with decal. Decal is in wrong location.
D)
Right
PROCEDURES/SPECIFICATIONS:
Either the owner's name or the school district number or both must be at least four inches (100 mm) high, approximately centered and as high as possible below window line. (Section 12-802 of the Illinois Vehicle Equipment Law) The above required lettering must be located on one line.
The following lettering must be at least two inches (50 mm) high:
1)
The word "CAPACITY," or abbreviation "CAP.," and the rated passenger capacity followed by the word "PASSENGERS," or the abbreviation "PASS.," shall be displayed on the outside of the body near the rear edge of the service entrance.
2)
Empty weight in ponds must be shown. Empty weight is indicated by "EW." (Section 12-802 of the Illinois Vehicle Law)
Manufacturer's identification name or emblem may be displayed, but not on service door glazing. Manufacturer's name or emblem must not interfere with required lettering. Decals are permissible. All lettering must be black.
For business manufactured on or after May 2, 1994, "EMERGENCY DOOR" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above any emergency exit door. For any emergency window exit, "EMERGENCY EXIT" must be located at the top of, or directly above, or at the bottom of the emergency window exit in letters at least 1.95 inches (5 cm) high. The labeling must be of a color that contrasts with its background (49 CFR 571.217)
REJECT VEHICLE IF:
Lettering does not meet requirements. Lettering or decals are not distinct, required, or allowed. Lettering is obstructed.
2)
Interior
A)
Front
PROCEDURES/SPECIFICATIONS:
Each letter or numeral must be at least two inches (50 mm) high and contrasting sharply with its background. A colorless background strip (such as white, aluminum or silver) may be used. Decals are permitted.
On right side: Either "CAPACTY" or "CAP." plus numerals showing rated passenger capacity, followed by either "PASSENGER" or "PASS."
As nearly as practicable opposite the center of aisle, but to right of inside mirror, either "NO STANDEES" or "NO STANDEES PERMITTED."
The vehicle's length (rounded up to nearest whole foot) shall be displayed on the bulkhead clearly within the driver's view. (For example: vehicle length of 39.1 feet will be displayed as 40 feet.)
A red cross formed of five equal squares with words "FIRST-AID KIT" shall be displayed on the compartment door, or cover, if the first-aid kit is to be carried in the locked compartment.
The words "FIRE EXTINGUISHER" shall be displayed on the compartment door, or cover, if the fire extinguisher is to be carried in the locked compartment.
Exception: On a bus with chassis (incomplete vehicle) manufactured in March 1977 or earlier, "NO STANDEES" need not be opposite center of aisle and the word "PASSENGERS," or "PASS.," is optional.
REJECT VEHICLE IF:
Lettering does not meet requirements. Lettering is not distinct, required or allowed. Lettering is obstructed.
After January 1, 1999, vehicle length is not displayed properly or is absent.
B)
Left
PROCEDURES/SPECIFICATION:
A "Stop Line" in contrasting color is required between 5.9 and 6.1 inches below the top of the window opening. The line shall be located between each window that slides downward.
If bus is equipped with a side emergency door or emergency windows which are knock-out type, they are to be labeled "EMERGENCY EXIT" in letters at least two inches high directly below window.
An arrow indicating the direction in which to move release mechanism handle(s) to open emergency exit and operating instructions shall be painted or permanently affixed within six inches of each release handle.
For buses manufactured on or after May 2, 1994, "EMERGENCY DOOR" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, any emergency exit door. For any emergency window exit, "EMERGENCY EXIT" must be located at the top of, or directly above, or at the bottom of the emergency window exit in letters at least 1.95 inches (5 cm) high. The labeling must be of a color that contrasts with its background. Concise operating instructions describing the motions necessary to unlatch and open the door must be located within 5.85 inches (15 cm) of the release mechanism on the inside surface of the bus. These operating instructions shall be in letters at least .39 inches (1 cm) high and of a color that contrasts with its background. (49 CFR 571.217)
REJECT VEHICLE IF:
Lettering does not meet requirements. Line or line and lettering is not distinct, required, or allowed. Lettering is obstructed.
C)
Rear
PROCEDURES/SPECIFICATIONS:
"EMERGENCY DOOR" or "EMERGENCY EXIT" in letters at least two inches (50 mm) high painted or permanently affixed either directly above each emergency exit, or on top metal of exit (door or window), or on top of exit glazing. An arrow indicating the direction in which to move release mechanism handle(s) to open emergency exit and operating instructions shall be painted or permanently affixed within six inches of each release handle. All lettering and arrow(s) must contrast with background. Decals are permitted.
For buses manufactured on or after May 2, 1994, "EMERGENCY DOOR" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, any emergency exit door. For any emergency window exit, "EMERGENCY EXIT" must be located at the top of, or directly above, or at the bottom of the emergency window exit in letters at least 1.95 inches (5 cm) high. The labeling must be of a color that contrasts with its background. Concise operating instructions describing the motions necessary to unlatch and open the door must be located within 5.85 inches (15 cm) of the release mechanism on the inside surface of the bus. These operating instructions shall be in letters at least .39 inches (1 cm) high and of a color that contrasts with its background. (49 CFR 571.217)
REJECT VEHICLE IF:
Letter does not meet requirements. Lettering is not distinct, required, or allowed. Lettering is obstructed.
D)
Right
PROCEDURES/SPECIFICATIONS:
A "Stop Line" in contrasting color is required between 5.9 and 6.1 inches below the top of the window opening. The line shall be located between each window that slides downward. Decals are permitted.
If emergency window is installed, "EMERGENCY EXIT" shall be displayed on or immediately below emergency window.
Instructions for emergency operation of a power operated door shall be affixed permanently on the inside of the door in letters at least .5 (one half) inch high. Decals are permitted.
Optional route identification markers (numbers or symbols) are allowed. They must be located in the first window directly behind the service entrance door. If route identification markers are installed in permanent holder or bracket, the holder or bracket must have rounded edges or be padded.
For buses manufactured on or after May 2, 1994, "EMERGENCY DOOR" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, any side emergency door. For any emergency window exit, "EMERGENCY EXIT" in letters at least 1.95 inches (5cm) high must be located at the top of, or directly above, or at the bottom of the emergency window exit. The labeling must be of a color that contrasts with its background. Concise operating instructions describing the motions necessary to unlatch and open the exit must be located within 5.85 inches (15 cm) of the release mechanism on the inside surface of the bus. These instructions shall be in letters at least .39 inches (1 cm) high and of a color that contrasts with its background. (49 CFR 571.217)
REJECT VEHICLE IF:
Right interior lettering does not meet requirements. Line or line and lettering is not distinct, required, or allowed. Lettering is obstructed.
E)
Ceiling
PROCEDURES/SPECIFICATIONS
For buses manufactured on or before May 2, 1994, any roof exit must be labeled "EMERGENCY EXIT" in letters at least 1.95 inches (5 cm) high, of a color that contrasts with its background. The labeling must be located on an inside surface of the exit, or within 11.7 inches (30 cm) of the roof exit opening. Concise operating instructions describing the motions necessary to unlatch and open the emergency exit shall be located within 5.85 inches (15 cm) of the release mechanism. These instructions shall be in letters at least .39 inches (1 cm) high and of a color that contrasts with its background. (49 CFR 571.217)
REJECT VEHICLE IF:
Lettering does not meet requirements.
d)
LIGHTS
1)
Back Up
PROCEDURES/SPECIFICATIONS:
Two white lights shall be provided. Must meet federal standards. (49 CFR 571.108)
Exception: All buses purchased prior to September 1974 are exempt; however, for any unit equipped with back up lamps, they must be operational.
REJECT VEHICLE IF:
Back-up lights do not function; illegal color; broken lens.
2)
Clearance,
Front
PROCEDURES/SPECIFICATIONS:
Two clearance lights (amber) at highest and widest portions of the body. Must conform to federal standards. (49 CFR 571.108) May be combined with side marker lamp.
REJECT VEHICLE IF:
Front clearance lights do not function; improper color; broken lens.
3)
Clearance
Rear
PROCEDURES/SPECIFICATIONS:
Two clearance lights (red) mounted at highest and widest parts of body. Must conform to federal standards (49 CFR 571.108)
REJECT VEHICLE IF:
Rear clearance lights do not function; improper color; broken lens.
4)
Identification,
Front
PROCEDURES/SPECIFICATIONS:
Three amber lights mounted at center front near top of body above "SCHOOL BUS" sign. Must conform to federal standards. (49 CFR 571.108)
REJECT VEHICLE IF:
Front cluster lights do not function properly; improper color; broken lens.
5)
Identification,
Rear
PROCEDURES/SPECIFICATIONS:
Three red lights mounted at center rear near top of body either above or below "SCHOOL BUS" sign. Must conform to federal standards. (49 CFR 571.108)
REJECT VEHICLE IF:
Rear cluster lights do not function properly; improper color; broken lens.
6)
Flashing
Lights
PROCEDURES/SPECIFICATIONS:
All school buses shall be equipped with an eight light flashing signal system with two red and two amber flashing signal lamps mounted above windshield spaced no less than three feet apart and at same horizontal level. The rear of the vehicle shall be equipped with two red and two amber flashing signal lamps mounted and spaced no less than three feet apart and at same horizontal level. Minimum diameter 5½ inch sealed beam. (Section 12-805 of the Illinois Vehicle Equipment Law) The red lights must be located on the outside perimeters of the bus and the yellow lights must be located between the red lights towards the center.
A separate circuit breaker and a master switch shall be provided for this signal system. When in its "off" position this master switch shall prevent the following:
1)
Operation of the 8 lamp system;
2)
Operation of any lamps mounted on the stop signal arm; and
3)
Operation of any electrically controlled mechanism that would cause the stop signal arm to extend.
The controls for the eight lamp flashing signals, the stop signal arm and the service entrance door shall be arranged so as to provide for the following sequence of operations while the engine is running.
1)
Place the alternately flashing signal system master switch in its "off" position. Close and secure the service entrance door. Actuate the alternately flashing signal system hand or foot control. The alternately flashing signal lamps of either yellow (amber) or red color shall not go on.
2)
With the master switch "off" and the hand or foot control actuated, open the service door. The alternately flashing signals of either color shall not go on and the stop signal arm shall not extend.
3)
Deactivate the hand or foot control. Place the alternately flashing signal system master switch in its "on" position. Close and secure the service door. Open the service door. The alternatively flashing signal lamps of either color shall not go on and the stop signal arm shall not extend.
4)
Close and secure the service door. Actuate the alternately flashing signal system by hand or foot control. A yellow pilot lamp in the view of the driver and the yellow alternately flashing signals shall go on.
5)
Desecure but do not open the service door. The yellow pilot and the yellow alternately flashing signals shall go off. A red pilot lamp in the view of the driver and the red alternately flashing signals shall go on. The stop signal arm shall extend.
6)
Fully open the service door. The red pilot and red signals shall remain on and the stop arm shall remain extended.
7)
Close but do not secure the service door. The red pilot and red signals shall remain on and the stop arm shall remain extended.
8)
Open the service door. The red pilot and red signals shall remain on and the stop arm remain extended.
9)
Close and secure the service door. The red pilot and red signals shall go off and the stop arm shall retract.
10)
Open the service door. Alternately flashing signals of either color shall not go on and the stop arm shall not extend.
REJECT VEHICLE IF:
Flashing lights do not function properly; broken lens or improper lens color. Pilot lights do not function.
7)
Headlights
PROCEDURES/SPECIFICATIONS:
Shall have at least two headlamps with at least one mounted on each side of the front of the bus. Lamp body must be securely attached. Lenses, reflectors, bulbs, etc., must be in good condition, properly aimed and fill required intensity. Check for bulb burn out. Verify high and low beams are functioning. Shall conform to federal standards. (49 CFR 571.108)
REJECT VEHICLE IF:
Headlights do not meet requirements. High/low beams do not function.
8)
Interior
PROCEDURES/SPECIFICATIONS:
Adequate to illuminate aisles, step well, and emergency passageways.
REJECT VEHICLE IF:
Interior lights do not provide adequate lighting; cracked or broken lenses; improper color.
9)
License Plate
PROCEDURES/SPECIFICATIONS:
Adequate white light to illuminate license plate. (49 CFR 571.108) may be combined with one of the tail lights.
REJECT VEHICLE IF:
License place light does not provide adequate lighting; cracked or broken lenses; improper color.
10)
Parking
Lights
PROCEDURES/SPECIFICATIONS:
Shall be one lamp on each side; white or amber color. (49 CFR 571.108)
All buses 80 or more inches in overall width which are equipped with side marker lamps, clearance lamps, and intermediate side marker lamps are exempt from having parking lights. However, if vehicle is equipped with parking lights, they must be operational. (Section 12-202 of the Illinois Vehicle Equipment Law)
REJECT VEHICLE IF:
Parking lights do not meet requirements; improper color; cracked or broken lenses.
11)
Sidemarker, Left
PROCEDURES/SPECIFICATIONS:
Two lamps: one amber at front and one red at rear, mounted as high as practicable. Shall conform to federal standards. (49 CFR 571.108)
Exception: All buses purchased prior to September 1974 are exempt.
REJECT VEHICLE IF:
Left marker lights do not meet requirements; does not function properly; improper color; cracked or broken lenses.
12)
Sidemarker, Right
PROCEDURES/SPECIFICATIONS:
Two lamps: one amber at front and one red at rear, mounted as high as practicable. Shall conform to federal standards. (49 CFR 571.108)
Exception: All buses purchased prior to September 1974 are exempt.
REJECT VEHICLE IF:
Right marker lights do not meet requirements; improper color; cracked or broken lenses.
13)
Step Well
PROCEDURES/SPECIFICATIONS:
At least the nosings of the service entrance steps and the floor around the stepwell shall be automatically illuminated with white light when the ignition is on and the service entrance door is open.
No lamp shall be installed so as to shine directly into the eyes of a pupil moving through the service entrance and looking at the service steps.
Exception: On a bus with chassis (incomplete vehicle) manufactured in March 1977 or earlier, a stepwell light that does not illuminate all the step nosings or does not illuminate the floor around the service entranceway may be used.
REJECT VEHICLE IF:
Stepwell light does not meet requirements; improper color; cracked or broken lenses.
14)
Stop
PROCEDURES/SPECIFICATIONS:
Two red lights mounted on same height and as high as practicable below window line. Seven inch minimum diameter or 19 square inches. Not less than three feet apart laterally. Must conform to federal standards. (49 CFR 571.108)
REJECT VEHICLE IF:
Stop lights do not meet requirements; improper color; cracked or broken lenses; do not function properly.
15)
Strobe
(optional)
PROCEDURES/SPECIFICATIONS:
If installed, lamp must comply with following requirements:
1)
One per bus;
2)
Shall emit white or bluish/white light;
3)
Shall be visible from any direction;
4)
Shall flash 60 to 120 times per minute;
5)
Shall be visible in normal sunlight;
6)
Mounted at or behind center of rooftop and equal distance from each side. (Section 12-815 of the Illinois Vehicle Equipment Law)
Distance from rear will be calculated by measuring height of filament and multiplying same by 30 inches. (i.e., Filament height x 30 = distance from rear of bus where lamp is to be located)
REJECT VEHICLE IF:
If installed, strobe light does not meet installation requirements; does not function properly; improper color; cracked or broken lenses.
Shielding is present.
16)
Tail
PROCEDURES/SPECIFICATIONS:
Two red lights mounted with centers not less than 40 inches nor more than 50 inches from surface on which vehicle stands. Must conform to federal standards. (49 CFR 571.108)
REJECT VEHICLE IF:
Tail lights do not meet requirements; do not function properly; improper color; cracked or broken lenses.
17
Turn
Signal,
Left
(armored)
PROCEDURES/SPECIFICATIONS:
"Armored" type amber clearance lamp mounted behind driver's seat at seat level and rub rail height. Functions with regular turn signal.
Exception: All buses purchased prior to September 1974 are exempt from having left armored turn signals.
Exception: Buses with capacity rating of less than 33 passengers are exempt. Buses manufactured in August 1974 or earlier are exempt. Buses that measure less than 80 inches wide or 20 feet long are exempt.
REJECT VEHICLE IF:
Left turn signal light does not meet requirements; does not function properly; improper color; cracked or broken lenses.
18)
Turn
Signal,
Right
(armored)
PROCEDURES/SPECIFICATIONS:
"Armored" type amber clearance lamp mounted at approximately seat level and rub rail height just to rear of service door. Functions with regular turn signal lamps.
Exception: All buses purchased prior to September 1974 are exempt from having right armored turn signals.
Exception: Buses with capacity rating of less than 33 passengers are exempt. Buses manufactured in August 1974 or earlier are exempt. Buses that measure less than 80 inches wide or 20 feet long are exempt.
REJECT VEHICLE IF:
Right turn signal light does not meet requirements; does not function properly; improper color; cracked or broken lenses.
19)
Turn
Signal,
Front
PROCEDURES/SPECIFICATION:
One amber lamp at least four inches in diameter, or 12 ½ square inches, located on each side at or near the front. They shall be located at the same height and as far apart as practicable. Lamps must conform to federal standards. (49 CFR 571.108)
Operate turn signals and four-way warning hazards to check performance of front and rear lights.
REJECT VEHICLE IF:
Front turn signal lights do not meet requirements; do not function properly; improper color; cracked or broken lenses.
Four-way warning hazards do not operate properly.
20)
Turn
Signal,
Rear
PROCEDURES/SPECIFICATIONS:
Chassis manufactured after March 31, 1977, must have two 7 inch diameter, or 19 square inch, amber lenses mounted on the rear as far apart and as high as practicable below rear window. (49 CFR 571.108)
Exception: Chassis manufactured prior to April 1, 1977, may have yellow or red turn signals with arrow lenses. (49 CFR 571.108)
REJECT VEHICLE IF:
Rear turn signal lights do not meet requirements; improper color; do not function properly; cracked or broken lenses.
e)
LOCKED
COMPARTMENT
PROCEDURES/SPECIFICATIONS:
Fire extinguisher, first-aid kit, and warning devices may be stored either in a closed, unlocked compartment or under lock and key, provided the locking device is connected with an automatic warning signal that will alert driver when compartment is locked. The automatic alarm shall be both audible and visible to the seated driver. The alarm shall alert the driver when the engine is running and the compartment is locked and cannot be readily opened without using a tool, key, or combination. An alarm cut-off or "squelch" control is prohibited.
Each safety item inside the compartment shall be named on the outside of the compartment cover, or door. In addition, a RED CROSS formed of five equal squares shall be displayed on the cover when the first aid kit is inside the compartment.
Exception: A bus with chassis manufactured in March 1977 or earlier need not have a visible alarm.
REJECT VEHICLE IF:
Locked compartment is not readily accessible to driver; lettering or identification missing; alarm does not function properly when compartment is locked and vehicle is running.
**History**
- *Source: Amended at 22 Ill. Reg. 11889, effective June 29, 1998*
##### **92 Ill. Adm. Code 441.APPENDIX** H Mirrors Through Rub Rails {#sec-441.appendix omnilex-key=us-il-regs-official--title-92--441.APPENDIX}
a)
MIRRORS
PROCEDURES/SPECIFICATIONS:
Every required mirror shall be of reflecting material protected from abrasion, scratching, and corrosion. Mirror shall be firmly installed on stable supports so as to five a clear, stable, reflected view. Mirrors must meet all requirements of 49 CFR 571.111 to provide the required field of view.
Convex crossover mirrors can be combined with either the right or left side safety mirrors provided the convex mirror meets the field of view and size requirements established in this subsection or in 49 CFR 571.111.
REJECT VEHICLE IF:
Mirrors do not meet requirements; defective; excessively clouded; not securely attached; cracked or broken glass.
1)
Exterior
A)
Rear View
Driving
PROCEDURES/SPECIFICATIONS:
Shall be mounted outside on the left and right sides of the bus. Must give seated driver a view to the rear along each side of the bus. Must be at least 50 square inches of usable flat rectangular reflecting surface on each side. (49 CFR 571.111)
If the rear view driving mirror does not provide the required field of view, a convex driving mirror must be installed to expand the driving view to the rear. However, the usable flat reflecting surface must be rectangular and must maintain at least 50 square inches.
REJECT VEHICLE IF:
Rear view driving mirror does not meet requirements; defective; excessively clouded; not securely attached; cracked or broken glass.
B)
Right
Side
Safety
PROCEDURES/SPECIFICATIONS:
An outside convex mirror, either alone or in combination with the crossover mirror system, shall give the seated driver a view of the roadway along the right side of the bus between the most forward surface of the right front tire and the rear of the rear bumper. The projected reflecting surface of this convex mirror shall be at least 40 square inches (7⅛ inches diameter if a circle).
Extra-wide-angle convex mirror heads are permissible on right front corner only.
Exception: A right safety mirror is optional on a bus manufactured in August 1974 or earlier.
REJECT VEHICLE IF:
Right side safety mirror does not meet requirements; defective; excessively clouded; not securely attached; cracked or broken glass.
C)
Left Side
Safety
(Optional)
PROCEDURES/SPECIFICATIONS:
A convex mirror is required if the left rear view driving mirror system does not give the seated driver a reflected view of the roadway along the left side of the bus between the front edge or the driver's seat (in most forward position) and the rear of the rear bumper. The convex mirror shall be installed so that either alone or in combination with the rear view driving mirror gives the seated driver the proper view.
Exception: A left safety mirror is optional on a bus with chassis manufactured in March 1977 or earlier.
REJECT VEHICLE IF:
Left side safety mirror does not meet requirements; defective; excessively clouded; not securely attached; cracked or broken glass.
D)
Crossover
PROCEDURES/SPECIFICATIONS:
An outside convex mirror shall give the seated driver a view of the front bumper and the area of roadway in front of the bus. The projected reflecting surface of this mirror shall be at least 40 square inches (7⅛ inch diameter if a circle). (49 CFR 571.111)
Exception: If the seated driver of a forward control bus has a direct view of the front bumper and the area of roadway in front of the bus, a crossover mirror is optional.
REJECT VEHICLE IF:
Crossover mirror does not meet requirements; defective; excessively clouded; not adjustable; not securely attached; cracked or broken glass.
2)
Interior
PROCEDURES/SPECIFICATIONS:
Clear view safety glass mirror, minimum 6 inches x 30 inches overall; framed with rounded and padded corners and edges. It shall afford good view of the bus interior and portions of the roadway to the rear.
Exception: All buses manufactured prior to September 1974 are exempt from padding on the mirror.
Exception: For buses that meet the definition of a Type I-A school bus, as defined in Section 441.40, the interior mirror may meet manufacturer's specifications.
REJECT VEHICLE IF:
Interior mirror does not meet requirements; defective; excessively clouded; not adjustable; not securely attached; cracked or broken glass.
b)
PAINT
REQUIREMENTS
PROCEDURES/SPECIFICATIONS:
The exterior of the body, excluding the required rails, shall be painted a uniform color, National School Bus Glossy Yellow. The front and rear bumpers, required rub rails and wheels shall be black. Additional rub rails may either be painted black or yellow. Grilles and hub caps may be a bright finish (e.g., chrome, anodized aluminum, etc.). Retaining rings may be gray or aluminum. Manufacturer's name or emblem may be any color but must not interfere with required lettering, numbering, or arrows. Roofs may be white. (Section 12-801 of the Illinois Vehicle Equipment Law)
For buses manufactured on or after May 2, 1994, each opening for a required emergency exit must be outlined around its outside perimeter with a minimum 1 inch (2.54 cm) wide yellow retroreflective tape. This yellow retroreflective tape must be on the exterior surface of the bus. Required yellow retroreflective tape can be located on the rear bumper provided the space between the top of the bumper and bottom of the door is not adequate to accommodate the tape. (49 CFR 571.217)
Optional: A white roof may extend only to within 6 inches above the drip rails on the sides of the body. The front and rear roof caps shall remain National School Bus Glossy Yellow.
Optional: Black areas around flashers are permitted, but must not interfere with "SCHOOL BUS" lettering.
Optional: Reflectorized tape is permitted provided it reflects the same color that is applied to and is not located on any bumper unless the bus was manufactured on or after May 2, 1994 (see paragraph above).
Exception: Fenders on buses manufactured prior to January 1976 may be painted black. (Section 12-801 of the Illinois Vehicle Equipment Law)
Exception: Hoods may be lusterless black or lusterless school bus yellow.
REJECT VEHICLE IF:
Paint does not meet color requirements or is in poor condition (i.e., faded, peeling or rusted).
Optional black area around flashers interferes with required lettering.
Required or optional reflectorized tape does not meet color requirements.
c)
PROJECTIONS
1)
Exterior
PROCEDURES/SPECIFICATIONS:
Entire rear and bumper area of bus must be nonhitchable.
AGENCY NOTE:
"Nonhitchable" is defined as the rear of the bus being designed and maintained to prevent or discourage riding or grasping rear of bus so as to "hitch" rides.
REJECT VEHICLE IF:
Projections do not comply with nonhitchable requirements.
2)
Interior
PROCEDURES/SPECIFICATIONS:
Interior shall be free of all dangerous projections.
Optional equipment (e.g., video camera) that is located in the bulkhead area of the bus and not flush with the interior walls must meet the following requirements:
1)
Must not interfere with occupants entering or exiting the bus.
2)
Must not be located in driver's head impact zone.
3)
Must not obstruct required lettering.
Additional projections (e.g., external speakers, air conditioners) located within 59 inches from the floor shall be padded to prevent injury. This includes inner lining of ceiling and walls. Installation of book racks is not permissible.
Exception: Buses purchased prior to September 1974 may be equipped with book racks. However, if book racks are present, they shall be above side windows and shall not extend forward of the front seat or across or above the emergency door. Racks must be free of projections likely to cause injury.
AGENCY NOTE:
See RADIO NOISE for additional requirements.
REJECT VEHICLE IF:
Optional equipment in bulkhead does not meet requirements.
Remaining projections are not padded (e.g., external speakers). Book racks are present.
Flush mounted speakers are exempt from padding requirements.
For buses purchased prior to September 1974, book racks do not meet requirements.
d)
RADIO NOISE
PROCEDURES/SPECIFICATIONS:
Radio/stereo speakers must be located at least four feet behind the rearmost position of the driver's seat. Any speaker already located in the prohibited area must be permanently deactivated.
REJECT VEHICLE IF:
After January 1, 1999, speakers are located in a prohibited area or are not deactivated.
AGENCY NOTE:
Two-way communication radios are allowed.
e)
REFLECTORS
1)
Front
PROCEDURES/SPECIFICATIONS:
Two yellow rigid or sheet type (tape) front reflex reflectors shall be attached securely and as far forward as practicable. (Section 12-202 of the Illinois Vehicle Equipment Law) They shall be located between 15 and 60 inches above the roadway at either fender, cowl, or body and installed so as to mark the outer edge of the maximum width of the bus. No part of the required reflecting material may be obscured by a lamp, mirror, bracket, or any other portion of the bus. No part of the required reflecting material may be more than 11.8 inches (300 mm) inboard of the outer edge of the nearest rub rail (12 inches on a bus with chassis manufactured in March 1977 or earlier). The reflector may be any shape (e.g., square, rectangle, circle, oval, etc.). A rigid type reflex reflector may be any size if permanently marked either DOT, SAE A, or SAE J 594; otherwise, it shall display at least seven square inches of reflecting material (about 3 inch diameter if a solid circle).
A sheet type (tape) reflex reflector may conform to the surface on which it is installed but its forward projected reflecting area shall be at least eight square inches.
REJECT VEHICLE IF:
Missing or damaged reflective material; not located or positioned as required.
2)
Left Side
PROCEDURES/SPECIFICATIONS:
One amber at or near the front and one red at or near the rear. Mounted at a height not less than 15 inches and not more than 60 inches above the surface of the road. On sides of buses 20 feet or more in length, one amber as near center as practicable must also be provided. (Section 12-202 of the Illinois Vehicle Equipment Law) Minimum three inches in diameter.
REJECT VEHICLE IF:
Missing or damaged reflective material; not located or positioned as required.
3)
Right Side
PROCEDURES/SPECIFICATIONS:
One amber at or near the front and one red at or near the rear. Mounted at a height not less than 15 inches and not more than 60 inches above the surface of the road. On sides of buses 20 feet or more in length, one amber as near center as practicable must also be provided (Section 12-202 of the Illinois Vehicle Equipment Law) Minimum three inches in diameter.
REJECT VEHICLE IF:
Missing or damaged reflective material; not located or positioned as required.
4)
Rear
Two red reflectors on rear body within 12 inches of lower right and lower left corners. (Section 12-202 of the Illinois Vehicle Equipment Law) Minimum three inches in diameter.
REJECT VEHICLE IF:
Missing or damaged reflective material; not located or positioned as required.
f)
RUB RAILS
PROCEDURES/SPECIFICATIONS:
There shall be one rub rail located approximately at seat level which shall extend from the rear of the service entrance completely around the bus body without interruption, except at functioning doors or a rear engine compartment, to a point of curvature near the front of the body on the left side.
There shall be one rub rail on each side located approximately at the floor line which shall extend over the same longitudinal distance as the rub rail located at the seat level.
More than two rub rails may be installed on sides and rear of bus.
Rub rails of longitudinally corrugated or ribbed steel at least 3.9 inches (100 mm) wide shall be fixed on the outside of the bus.
Exceptions:
1)
Rub rail need not extend across wheel housing.
2)
Rub rail may terminate at the point of curvature at the right and left rear corners of the body.
REJECT VEHICLE IF:
Rub rails are missing; not firmly attached; incorrect color; or incorrect number of rails.
**History**
- *Source: Amended at 25 Ill. Reg. 3283, effective February 20, 2001*
##### **92 Ill. Adm. Code 441.APPENDIX** I Seat Belt, Driver's Through Steps, Entrance {#sec-441.appendix omnilex-key=us-il-regs-official--title-92--441.APPENDIX}
a)
SEAT BELT, DRIVER'S
PROCEDURES/SPECIFICATIONS:
Must be installed on driver's seat. (Section 12-807 of the Illinois Vehicle Equipment Law) Belt material, buckle, tongue, etc. shall remain above floor when not in use. If retractors are installed, they shall be the automatic locking type.
REJECT VEHICLE IF:
Driver's seat belt is dirty, frayed, torn, cracked or broken or if retractor or buckle does not operate properly.
b)
SEAT,
DRIVER'S
PROCEDURES/SPECIFICATIONS:
The driver's seat shall be rigidly positioned and shall afford vertical, forward and backward adjustments of not less than 3.9 inches (100 mm) without the use of a tool or non-attached device. The shortest distance between the steering wheel and the back rest of the operator's seat shall be no less than 11 inches (280 mm).
Seat padding and covering shall be in good condition, free from holes and tears. Seat cushions shall be securely fastened to the seat frame.
REJECT VEHICLE IF:
Driver's seat is not securely anchored to floor; in poor condition; adjustment mechanism does not function properly.
c)
SEATS,
PASSENGER
PROCEDURES/SPECIFICATIONS:
All seats shall have a minimum front to rear depth of 14 inches.
In determining seating capacity of a bus, individual seating width shall be 13 inches where 3-3 (three pupils on both sides of aisle) seating plan is used and 15 inches where 3-2 (three pupils on one side of aisle and two pupils on other side of aisle plan is used. (49 CFR 571.222)
All seats shall be forward facing and shall be securely fastened to that part or parts of the body which support them. No jump or portable seats are allowed (does not include child restraint systems).
The forwardmost seat on the right side of the bus shall be located so as not to interfere with the driver's vision and not be farther forward than the rear of the driver's seat when adjusted to its rearmost position.
The seat spacing shall be no more than 24 inches, measured from the seating reference point to the seat back or guard barrier in front of the seat. (49 CFR 571.222)
A minimum of 36 inches of headroom for the sitting position above the top of the undepressed cushion line of all seats shall be provided. Measurement shall be made vertically not more than 7 inches from the side wall at cushion height and at the front and rear center of cushion.
Seat backs of similar size shall be of the same width at the top and of the same height from the floor and shall slant at the same angle with the floor.
Buses manufactured after June 30, 1987, shall be equipped with 28 inch seat backs. (Section 12-807.1 of the Illinois Vehicle Equipment Law) Measure front of seat back from the top down to a point where the seat back meets the seat cushion. This measurement must be at least 28 inches.
All buses manufactured during and after September 1974 shall be equipped with energy absorbing padding on all exposed top and side rails. The side rails shall be padded in such a manner to retain the 12 inch aisle (15 inches at two inches below top of seat back for buses manufactured after June 30, 1987). On the rear of a seatback, the padding shall extend from the top of the seat back to the top level of the seat cushion. Seat padding and covering shall be of fire resistant material. Padding and covering shall be in good condition (i.e., free from holes and tears). Seat cushions shall be securely fastened to the seat frame.
Optional: The rearmost seats may be exempt from seatback padding requirement.
Exception: All buses manufactured prior to September 1974 are exempt from padding on top and side rails and seat back to cushion level.
A flip-up seat may be located only adjacent to any side emergency door. For buses manufactured on or after September 1, 1994, the flip-up seat must conform to the following:
1)
The seat must be designed so that, when in the folded position, the seat cushion is flat against the seat back to prevent a child's limb from becoming lodged between the seat cushion and seat back.
2)
The seat must be designed to discourage a child from standing on the seat cushion when in the folded position.
3)
The working mechanism under the seat must be covered to eliminate any tripping hazard.
4)
All sharp metal edges on the seat must be padded to prevent any snagging hazard.
5)
No portion of the door latch mechanism can be obstructed by a seat.
6)
There must be at least 11.7 inches (30 cm) measured from the door opening to the seat back in front. (49 CFR 571.217)
REJECT VEHICLE IF:
Passenger seats are not firmly attached to body; broken frame; cushions not firmly attached; padding and covering not fire resistant. Padding or covering is loose, in poor condition, or missing; seats are torn or have holes; minimum seat dimensions or seat spacing is not in compliance.
For buses manufactured after June 30, 1987, seat back height does not meet requirements.
d)
STEERING SYSTEM
1)
Exterior
A)
King
Pins
PROCEDURES/SPECIFICATIONS:
Raise vehicle so as to unload kingpins (brakes should be applied to eliminate wheel bearing looseness). Either grasp wheel at top and bottom or use a bar for leverage. Attempt to rock wheel in and out. Check movement at extreme top or bottom of tire. If movement exists, place a dial indicator, tape measure, or a fixed device at the wheel and measure amount of movement.
Place leverage bar under tire. Raise bar to check for vertical movement between spindle and support axle.
REJECT VEHICLE IF:
Wheel bearing movement exceeds ¼ inch; or kingpin movement exceeds:
Wheel Size
Max allowed
16" or less
¼"
16.1" to 18"
⅜"
over 18"
½"
B)
Linkage
PROCEDURES/SPECIFICATIONS:
For buses with single "I" beam or tube type front axle, hoist bus under axle. For buses with twin "I" beam type front axles or with "A frame" control arms, each axle or arm must be hoisted independently so as to load the ball joints. Grasp front and rear of tire and attempt to shake assembly right and left to determine linkage looseness. Measure movement of wheel.
Inspect for damage to or looseness in the following linkage components:
i)
Ball Joints
ii)
Cotter Pins
iii)
Drag Link
iv)
Idler Arm
v)
Pitman Arm
vi)
Steering Box
vii)
Tie Rod
viii)
Tie Rod Ends
REJECT VEHICLE IF:
Measurement is found to be in excess of:
Rim Diameter
Maximum Allowable Movement
16" or less
¼"
17" and 18"
⅜"
over 18"
½"
Any linkage component is bent; welded; loose; insecurely mounted or missing.
C)
Power
Steering
PROCEDURES/SPECIFICATIONS:
Manually and visually inspect:
i)
Belts
ii)
Cylinders
iii)
Fluid Level
iv)
Hoses
v)
Mounting Brackets
vi)
Power Assist
vii)
Pump
REJECT VEHICLE IF:
Steering Components are:
i)
Loose, frayed, cracked, missing; incorrect belts
ii)
Loose and/or leaking
iii)
Low fluid level
iv)
Cracked, leaking, rubbed by moving parts
v)
Cracked, loose, or broken
vi)
No assist is evident
vii)
Loose, leaking.
D)
Toe-in/
Toe-out
PROCEDURES/SPECIFICATIONS:
With wheels held in a straight ahead position, drive vehicle slowly over the approved drive-on side slip indicator.
Excessive toe-in or toe-out is a general indication that complete check should be made of all front wheel alignment factors (caster, chamber, steering axis inclination).
REJECT VEHICLE IF:
More than 30 feet per mile on the approved side slip indicator.
E)
Wheel
Bearings
PROCEDURES/SPECIFICATIONS:
With the front end of the vehicle lifted so as to load any ball joints, grasp the front tire top and bottom, rock it in and out. Record movement. To verify that any looseness detected is in the wheel bearing, notice the relative movement between the brake drum or disc and the backing plate or splash shield.
AGENCY NOTE:
Wheel bearing play can be eliminated by applying service brakes.
REJECT VEHICLE IF:
Relative movement between drum and backing plate, measured at tire, is ¼ inch or more.
2)
Interior
A)
Column
PROCEDURES/SPECIFICATIONS:
Inspect to determine that column support bracket is properly tightened and all bolts are present.
REJECT VEHICLE IF:
Column support bracket is not properly tightened or bolts are missing.
B)
Lash
PROCEDURES/SPECIFICATIONS:
With road wheels in straight ahead position, turn steering wheel until a turning movement can be observed at the left road wheel. Slowly reverse steering wheel motion and measure lash.
REJECT VEHICLE IF:
Lash exceeds following acceptable limits:
Steering wheel maximum
Acceptable lash (inches)
diameter (inches)
measured at maximum
circumference
16 or less
2
18
2 ¼
20
2 ½
22
2 ¾
C)
Shaft
PROCEDURES/SPECIFICATIONS:
Grasp steering wheel with both hands and attempt to move shaft up and down.
REJECT VEHICLE IF:
Steering shaft moves up and down.
AGENCY NOTE:
Steering shafts on International-Navistar vehicles will move up and down but must be within manufacturer's tolerances.
D)
Steering
Wheel
PROCEDURES/SPECIFICATIONS:
Inspect steering wheel condition.
REJECT VEHICLE IF:
Steering wheel is damaged. Any spokes are missing or reinforcement ring is exposed.
E)
Travel
PROCEDURES/SPECIFICATIONS:
Turn steering wheel through a full right and left turn checking for binding, jamming and complete travel left and right.
REJECT VEHICLE IF:
Binding or jamming is present. Does not complete full turn from left to right. Tire rubs on fender or frame during turn.
e)
STEPS,
ENTRANCE
PROCEDURES/SPECIFICATIONS:
Steps shall be enclosed and shall not protrude beyond side body line. Surface shall be of nonskid material with 1½ to 3 inch white nosing as part of the nonskid material. Riser of upper step not more than 15 inches in height. When more than two steps are used, risers must be approximately of equal height, except when floor is plywood over steel. (Increase by thickness of plywood.)
REJECT VEHICLE IF:
Steps or risers are not solid. Steps, risers or nonskid material covering is missing, loose, or not in good condition. White nosing is missing or in poor condition.
**History**
- *Source: Amended at 22 Ill. Reg. 11889, effective June 29, 1998*
##### **92 Ill. Adm. Code 441.APPENDIX** J Stop Signal Arm Panel Through Trash Container (optional) {#sec-441.appendix omnilex-key=us-il-regs-official--title-92--441.APPENDIX}
a)
STOP SIGNAL
ARM PANEL
PROCEDURES/SPECIFICATIONS:
A stop signal arm panel must be installed on the left side of the bus and may be operated either manually or mechanically. Decals may be used in lieu of painting.
Buses manufactured on or after September 1, 1992 must be equipped with an octagon-shaped semaphore which meet the requirements listed below under "Octagon".
Buses manufactured prior to September 1, 1992 may either be equipped with an octagon-shaped semaphore which meets the requirements listed below under "Octagon" or a hexagon shaped semaphore which meets the requirements listed below under "Hexagon".
Octagon – The arm shall be octagon-shaped semaphore which measures at least 450 mm x 450 mm (17.72 inches x 17.72 inches) in diameter. The arm shall be red on both sides with a white border at least 12 mm (.47 inches) wide on both sides. The arm shall have the word "STOP" displayed in white uppercase letters on both sides. The letters shall be at least 150 mm (5.9 inches) in height and have a stroke width of at least 20 mm (.79 inches).
The octagon-shaped stop signal arm shall comply with either (a)(1) or (2) below:
1)
The entire surface of both sides of the arm can be reflectorized to meet 49 CFR 571.131; or
2)
Each side of the arm shall have at least two red lamps centered on the vertical centerline of the stop arm. One lamp shall be located at the extreme top of the arm and the other at its extreme bottom. The lamps shall light and flash alternately when stop arm is extended and likewise turn off and stop flashing when arm is closed. (49 CFR 571.131) (See Section 441.Illustration A for examples.)
Hexagon – The arm shall be a hexagon shaped semaphore approximately 18 inches wide and 18 inches long and of 16 gauge metal. The stop arm signal shall have the "STOP" painted on both sides in white letters at least six inches high with a brush stroke approximately ⅞ inch wide. The word "STOP" shall be painted on a panel with red background of approximately 8 inches by 16 inches. Remaining area of stop arm blade is to be painted white with a band of white border at least ½ inch wide painted from and rear on both sides as contrast. White portion of stop arm signal shall be reflectorized or shall have double-faced lamps with red lens approximately four inches in diameter located in the top and bottommost position of the blade. These lamps shall light and flash alternately when stop arm is extended and likewise turn off and stop flashing when arm is closed. (Section 12-803 of the Illinois Vehicle Equipment Law) (See Section 441.Illustration A for examples.)
Optional: Strobe lamps are acceptable on stop signal arm panels.
Optional: Additional Stop signal arm panels must be located on the left side of the bus. Additional panels must operate in conjunction with the required panel and meet all stop signal arm panel requirements except as follows. The additional panel must not contain any lights, marking, or reflective material on the front side of the panel. The additional panel must be located in the rear half of the bus adjacent to the rearmost window.
REJECT VEHICLE IF:
Stop signal arm panel is in poor condition (i.e., faded, peeling, or rusted); lights do not operate properly (if installed); is not securely attached; is not operating properly; does not meet requirements; is missing.
b)
STORAGE
COMPARTMENT
(optional)
PROCEDURES/SPECIFICATIONS:
Covered, fire-resistant container securely fastened of adequate strength and capacity for tire chains and tools for minor emergency repairs.
REJECT VEHICLE IF:
If installed, does not meet requirements.
c)
SUN VISOR
PROCEDURES/SPECIFICATIONS:
Interior, adjustable, transparent, not less than 6 inches by 30 inches, installed above windshield. Must not interfere with view of interior rear view mirror.
Exemption: Buses purchased prior to August 1967 are exempt from having a transparent sun shield.
Exception: For school buses that meet the definition of a Type I-A school bus, as defined in Section 441.40, the sun visor may meet manufacture's standards.
REJECT VEHICLE IF:
Sun visor does not meet requirements.
d)
SUSPENSION
1)
Shocks
PROCEDURES/SPECIFICATIONS:
Bus shall be equipped with front and rear double-acting shock absorbers compatible with manufacturer's rated axle capacity.
With vehicle on a hoist or jacked up, visually inspect shock absorbers for excessive leakage, looseness of mounting, brackets, and bolts.
Physically grab upper and lower portion of shock inspecting for looseness in rubber bushing, mounting brackets or bolts.
REJECT VEHICLE IF:
Shocks are missing, broken, or have severe leakage (not slight dampness) occurs. Mounting bolts or mounts are broken or loose, or rubber bushing is partially or completely missing.
2)
Springs
PROCEDURES/SPECIFICATIONS:
A)
Coil
Visually inspect:
i)
Spring
ii)
Control arms
iii)
Torque arms (rear)
REJECT VEHICLE IF:
Coil is missing, disconnected, broken, loose bushings, welded or damaged.
B)
Leaf
PROCEDURRES/SPECIFICATIONS
With use of a pry bar and using frame as a pivot, attempt to pry front and rear spring attachments and check for movement. Front of vehicle must be jacked up on chassis for checking front suspension. Visually inspect:
i)
Springs
ii)
Shackles
iii)
Hangers
iv)
U-bolts
v)
Center bolts
vi)
Bushings or pivot
REJECT VEHICLE IF:
Springs are missing or broken. Shackles or "U" bolts worn or loose. Center bolt in springs sheared or broken. Steering stops allow tire to rub on frame or metal. Any leaves are cracked or missing. Any shackle, shackle pins, hangers, or "U" bolts are worn, loose, or missing.
C)
Torsion Bar (Stabilizer Bar)
PROCEDURES/SPECIFICATIONS
Visually inspect:
i)
Torsion bar
ii)
Mounting brackets
iii)
Control arms
iv)
Torque arms (if applicable − rear)
v)
Stabilizer bar(s) (if applicable)
REJECT VEHICLE IF:
Torsion bar is missing, disconnected, broken, loose, welded, damaged.
e)
TOW HOOKS
(optional)
1)
Front
PROCEDURES/SPECIFICATIONS:
A front tow hook must not extend beyond the front of the front bumper. Each front tow hook not fastened securely to the chassis frame shall be connected to the frame by suitable braces.
REJECT VEHICLE IF:
Tow hook(s) extend beyond bumper, not securely attached.
2)
Rear
PROCEDURES/SPECIFICATIONS:
Any tow hook(s) installed on the rear shall be attached or braced to the chassis frame or to an equivalent structural member of an integral type bus. A tow hook must not extend beyond the rear face of the rear bumper.
REJECT VEHICLE IF:
Tow hook(s) extend beyond bumper, not securely attached.
f)
TRASH CONTAINER
(optional)
PROCEDURES/SPECIFICATIONS:
A trash container may be present. If present, it must be securely stored in the vehicle and must not obstruct an aisle.
REJECT VEHICLE IF:
Optional trash container does not meet requirements.
**History**
- *Source: Amended at 24 Ill. Reg. 12099, effective July 31, 2000*
##### **92 Ill. Adm. Code 441.APPENDIX** K Undercoating Through Windshield Wipers {#sec-441.appendix omnilex-key=us-il-regs-official--title-92--441.APPENDIX}
a)
UNDERCOATING
PROCEDURES/SPECIFICATIONS:
Fire resistant undercoating material applied to entire underside of body, front fenders, wheel wells, floor members, and side panels below floor level. Non-metallic parts need not be coated.
REJECT VEHCILE IF:
Undercoating does not meet requirements.
b)
VENTILATION
PROCEDURES/SPECIFICATIONS:
Body must be equipped with ventilating system capable of supplying proper quantity of air under operating conditions.
REJECT VEHICLE IF:
Air is obstructed; not securely fastened; not covered.
c)
WARNING
DEVICES
PROCEDURES/SPECIFICATIONS:
Either three red cloth flags not less then 12 inches square and three red reflectors minimum of 3 inches in diameter or three bidirectional emergency triangles that conform to 49 CFR 571.125. (Section 17-702 of the Illinois Vehicle Law) Kit shall be securely stored.
REJECT VEHICLE IF:
Required warning devices are not present or are in poor condition.
d)
WHEELS
1)
Housings
PROCEDURES/SPECIFICATIONS:
Full open type attached to floor sheet to prevent water, fumes or dust entering the body. Inside height should not exceed 10 inches above floor line. Housings shall allow for unimpeded wheel and tire service or removal. Housing shall provide clearance for installation and use of tire chains on the dual or single tires installed on the rear wheels.
Inspect tire and road wheel assemblies.
REJECT VHEICLE IF:
Wheel housings do not meet clearance requirement; wheel housings are not firmly secured; holes are present.
A tire or wheel is rubbing against any portion of the suspension, chassis, or body.
2)
Rim
PROCEDURES/SPECIFICATIONS:
Inspect all wheel and rim bolts, nuts, studs, lugs, locking rings, etc. Each cover, cap, or decorative ring that obscures any of these items must be removed prior to the inspection.
Inspect for visible wheel damage.
REJECT VEHICLE IF:
Any wheel or rim securing device such as a nut, bolt, stud, lug, ring, or other type securing device is loose, missing, or cracked.
Wheel locating hole(s) are elongated, oversized, or "wallowed out." Any part of a wheel or rim is cracked, repaired by welding or rewelding, or damaged so as to cause unsafe operation of the vehicle.
3)
Tires
PROCEDURES/SPECIFICATIONS:
Inspect tire for proper inflation (i.e., flat tire).
A regrooved, retreaded, or recapped tire shall not be on the front steering axle.
A tire with restricted use marking is prohibited. (e.g., "NHS" or "SL" following size marking, "Off Highway," "Farm Use," "Racing Only," etc.)
No school bus shall be equipped with any tire which has been so worn that tread configuration is absent on any part of the tire in contact with the road surface.
Inspect for tread wear.
A)
Check for the presence of tread wear indicators.
B)
For tires without tread wear indicators, use tread depth gauge to measure groove depth.
Steering (Front) and Drive (Rear) Axles: Measure groove depth at any point on a major tread groove.
C)
For tires without tread wear indicators and with noncircumferential grooves, or "spaces," between the tread elements (as in snow, mud, lug knob, or traction treads):
Steering (Front) and Drive (Rear) Axles: Measure in a major groove at a point halfway between the center of the tire and the outside of the tread at any point on a major tread groove.
D)
Inspect tire for bald, partially bald, cupped, dished or unevenly worn areas.
E)
The measurements shall not be made where the tie bars, humps, or fillets are located.
AGENCY NOTE:
"Bald" means without a groove.
Inspect for visible cord damage and exposure of ply cords in sidewalls and treads, including belting material cords.
Inspect for evidence of tread or sidewall separation.
Inspection for regrooved or recut treads.
AGENCY NOTE:
49 CFR 369 requires tires marked "REGROOVABLE" to have sufficient tread rubber that, after regrooving, cord material below the grooves shall have a protective covering of tread material at least 3/32 inch thick.
Inspect tires for legible markings showing size designation and carcass construction.
AGENCY NOTE:
"R" in size designation shows radial construction. More plies at tread than sidewall shows belted construction. Same number of plies at tread and sidewall, without a belted or radial indication, shows plain bias construction.
Tires on same axle must be of same construction.
Inspect tires for size designation and for matched construction.
AGENCY NOTE:
"Construction" refers to bias, bias belted, or radial arrangement of ply cords in the tire carcass.
Inspect each single dual tire assembly.
A mixture of regular and mud-and-snow treads must be the same on both sides of axle.
When radial and conventional (i.e., bias) tires are both used on a vehicle, one of the following two requirements shall be met:
A)
On vehicles with one single wheel axle and one or more dual wheel axles, radial tires shall be used on the steering (i.e., front) axle only.
B)
On vehicles having two single wheel axles, radial tires shall be used on the rear axle only.
A tube built only for bias tire shall not be installed in a radial tire. Red color shall not be added to stem of a "bias" tube. (Valve stem of tube for radial tire is either marked "radial" or has red ring or is painted red.) A "radial" tube and flap may be used in a bias tire.
Inspect valve stems.
REJECT VEHICLE IF:
Improper inflation (flat tire).
Regrooved, retreaded or recapped tire is located on front steering axle.
Restricted marking is present.
Any part of tire which is in contact with road surface is absent of tread configuration.
A)
Tread wear indicators contact road at any point on a major tread groove.
B)
On steering (front) axle: Tread groove depth is less than 4/32 inch when measured at any point on a major tread groove.
On drive (rear) axle: Tread groove depth is less than 2/32 when measured at any point on a major tread groove.
C)
On steering axle: Tread groove depth is less than 4/32 inch when measured in a major groove at a point halfway between the center of the tire and the outside of the tread at any point on a major tread groove.
On drive axle: Tread groove depth is less than 2/32 inch when measured in a major groove at a point halfway between the center of the tire and the outside of the tread at any point on a major tread groove.
D)
The tire has bald, partially bald, cupped, dished or unevenly worn areas.
A broken or cut cord can be seen. Rubber is worn, cracked, cut or otherwise deteriorated or damaged so that a cord can be seen – either when the tire is not touched or when the edges of the crack, cut or damage are parted or lifted by hand.
Tire has bump, bulge, knot or other evidence of partial carcass failure, air seepage, or loss of adhesion between carcass and tread or sidewall.
Tread has been regrooved or recut on a tire that does not have the word "REGROOVABLE" molded on or into both sides of the tire.
A tire on a road wheel does not exhibit a legible size marking and a legible construction marking.
Tires on the same axle are not of same construction.
A tire exceeds the diameter (not width) of its mate by ½ inch (¼ inch radius) or more; or one tire touches its mate.
A mixture of regular and mud-and-snow treads are not the same on both sides of the axle.
Requirements for using both radial and conventional tires on a vehicle are not met.
A tube built only for bias tire but installed in a radial tire.
A valve stem leaks; is cracked; is either damaged or positioned so as to hamper pressure checking or inflation; shows evidence of wear because of misalignment.
e)
WINDOWS
PROCEDURES/SPECIFICATIONS:
All applicable provisions of 49 CFR 571.205 apply to the optional laminated safety glass and also to any plastic material(s) used in a multiple glazed unit.
Glazing shall be marked as follows pursuant to 49 CFR 571.205:
A)
Windshield – "AS 1" Glass
B)
Driver's Window – "AS 1" Glass or "AS 2" Glass
C)
Driver's door – "AS 1" Glass or "AS 2" Glass
D)
All other locations – "AS 1" Glass, "AS 2" Glass, or "AS 3" Glass.
REJECT VEHICLE IF:
Windows do not meet requirements.
1)
Emergency
(Also see
EMERGENCY
EXITS)
PROCEDURES/SPECIFICATIONS:
When the emergency door is located on the left side, a rear emergency window shall be provided. Minimum dimensions are 16 inches high and 48 inches wide. Designed to be opened from the inside or the outside. Hinged on top, designed and operated to insure against accidental closing in an emergency. Inside handle shall provide for quick release. Outside handle shall be nondetachable and nonhitchable. When locked or not fully latched, window shall actuate alarm audible and visible to driver. No cutoff switch allowed.
Optional emergency windows are allowed. They must be labeled "Emergency Exit" in letters at least two inches high, of a color that contracts with its background, located at the top of or directly above the window on the inside surface of the bus. Optional emergency windows must be equipped with an audible alarm activated when window is locked or not fully latched.
REJECT VEHICLE IF:
Operating mechanisms do not function. Alarm does not function. Glass is cracked or broken (see EMERGENCY EXIT – Alarms and Locks).
2)
Rear
PROCEDURES/SPECIFICATIONS:
Glazed panels, or windows, (except rear emergency window) shall be of fixed type. Any authorized or required signs, letters or numerals displayed on the window in the rear of the bus shall be located so as not to obstruct the driver's view.
REJECT VEHICLE IF:
Glass is cracked or broken. Visibility through rear windows is obstructed.
3)
Side
PROCEDURES/SPECIFICATIONS:
Each side window shall provide unobstructed emergency opening at least 9 inches high and 22 inches wide, obtained either by lowering window or by use of knock-out type split sash. A "Stop Line" is required six inches from top of window on all windows. Safety glass with exposed edges shall be banded.
Window latches must be in proper working order.
Exception: The requirements of this subsection do not apply to a side window or glazed panel installed forward of a front passenger seat, or in a side emergency exit.
Note: For information regarding optional route identification markings, see LETTERING.
REJECT VEHICLE IF:
Side windows do not meet emergency opening requirements. Window does not open easily. Glass is cracked or broken. Stop lines are missing.
Window latches do not operate properly.
4)
Windshield
PROCEDURES/SPECIFICATIONS:
Shall be installed between front corner posts and designed not to obstruct driver's view. (Section 12-501 of the Illinois Vehicle Equipment Law) Windshield shall be slanted to reduce glare. Tinted safety glass shall only be allowed six inches below top of windshield.
REJECT VEHICLE IF:
Windshield is not firmly sealed or attached. Glass is broken, cracked, or discolored (not including allowed tint). "Star chip" is present which measures more than one inch in diameter.
f)
WINDSHIELD
WASHER
PROCEDURES/SPECIFICATIONS:
Windshield washer shall effectively clean entire area covered by both wipers.
Exception: All buses purchased prior to September 1974 are exempt. However, if bus is so equipped, washer must be in good operating condition.
REJECT VEHICLE IF:
Windshield washer does not effectively clean entire area or does not operate properly.
g)
WINDSHIELD
WIPERS
PROCEDURES/SPECIFICATIONS:
Two automatic, variable speed wipers with nonglare arms and blades. Need not be individually powered.
REJECT VEHICLE IF:
Windshield wipers do not cover entire cleaning area. Blades are damaged, torn, hardened, or rubber wiping element has broken down. Wiper fails to park properly when shut off.
**History**
- *Source: Amended at 22 Ill. Reg. 11889, effective June 29, 1998*
##### **92 Ill. Adm. Code 441.ILLUSTRATION** A Stop Arm Panels {#sec-441.illustration omnilex-key=us-il-regs-official--title-92--441.ILLUSTRATION}
Octagon Shaped Semaphore (see Section 441.Appendix J(a))
Hexagon Shaped Semaphore (see Section 441.Appendix J(a))
##### **92 Ill. Adm. Code 441.ILLUSTRATION** B Exhaust Guidelines {#sec-441.illustration omnilex-key=us-il-regs-official--title-92--441.ILLUSTRATION}
##### **92 Ill. Adm. Code 441.ILLUSTRATION** C Brake Inspection Report {#sec-441.illustration omnilex-key=us-il-regs-official--title-92--441.ILLUSTRATION}
ILLINOIS DEPARTMENT
OF TRANSPORTATION
Division of Traffic Safety
3215 Executive Park Drive
P.O. Box 19212
Springfield, Illinois 62794-9212
School Bus Brake
Inspection Report
District or Contractor:
Name
Address
City/State
Zip
Telephone
( )
School Bus Unit Number
Chassis Make
Chassis Year
Chassis V.I.N.
Illinois law requires all school buses to be safety inspected at least once every six months or 10,000 miles, whichever occurs first. In addition, the Illinois Department of Transportation requires that a visual brake inspection be performed on every school bus operated in Illinois at least once a year or every 10,000 miles, whichever occurs first.
A completed School Bus Brake Inspection report must be presented to the Certified Safety Tester each time a school bus is taken to an Official Testing Station for a safety inspection.
I attest that the entire brake system on the school bus listed above was visually inspected and found to be operating in accordance with the manufacturer's specifications or was repaired to perform in accordance with the manufacturer's specifications. The visual inspection of the brake
system was performed on
by a qualified mechanic employed by
(date)
. The mileage on this
(business/school district where brake inspection was completed)
school bus was
when the visual brake inspection was performed.
(mileage)
(name of authorized school district official or contractor
(date)
Please print or type
(signature of authorized school district official or contractor
(Title)
TS 2258 (3/94)
##### **92 Ill. Adm. Code 441.ILLUSTRATION** D Propane Decal {#sec-441.illustration omnilex-key=us-il-regs-official--title-92--441.ILLUSTRATION}
##### **92 Ill. Adm. Code 441.ILLUSTRATION** E Driver's Pre-Trip Inspection Requirements and Sample Form (repealed) {#sec-441.illustration omnilex-key=us-il-regs-official--title-92--441.ILLUSTRATION}
**History**
- *Source: Repealed at 22 Ill. Reg. 11889, effective June 29, 1998*
##### **92 Ill. Adm. Code 441.ILLUSTRATION** F School Bus Emergency Exits {#sec-441.illustration omnilex-key=us-il-regs-official--title-92--441.ILLUSTRATION}
School buses manufactured on or after September 1, 1994 may be equipped with additional exits. These additional exit requirements apply to school buses with an incomplete vehicle date of on or after September 1, 1994. The incomplete vehicle date can be found on the bus' federal certification label.
Each school bus will first be equipped with either a rear emergency door or a side emergency door and rear emergency window as stated in paragraphs (a) and (b).
The following Tables specify the required number of exits depending on the vehicle's passenger capacity and emergency exit configuration.
a) One rear emergency door that opens outward and is hinged on the right side (either side in the case of a bus with a GVWR of 10,000 pounds or less), and the additional exits, if any, specified by Table 1.
TABLE 1
Seating
Capacity
Addition Exits
Required
1-45
None.
46-62
1 left side exit door or
2 exit windows
63-70
1 left side exit door or
2 exit windows, and 1 roof exit.
71 and
above
1 left side exit door or
2 exit windows , and 1 roof exit, and any combination of door, roof, or windows such that the total capacity credit specified in Table 3 for these exits, plus 70, is greater than the seating capacity of the bus.
b) One emergency door on the vehicle's left side that is hinged on its forward side and a pushout rear window that provides a minimum opening clearance 16 inches high and 48 inches wide, and the additional exits, if any, specified by Table 2.
TABLE 2
Seating
Capacity
Additional Exits
Required
1-57
None.
58-74
1 right side exit door or 2 exit windows, and 1 roof exit.
75-82
1 right side exit door or 2 exit windows, and 1 roof exit.
83 and
above
1 right side exit door or 2 exit windows, and 1 roof exit, and any combination of door, roof, or windows such that the total capacity credit specified in Table 3 for these exits, plus 82, is greater than the seating capacity of the bus.
TABLE 3
Exit Type
Capacity Credit
Side Door
16
Window
8
Roof Exit
8
AGENCY NOTE: In order to explain the use of Table 3, the following example is provided:
The owner/operator of a 75 passenger bus can choose either a side door, window or roof exit to meet the additional exit requirements for buses with a seating capacity of 71 and above. If the owner/operator chooses a side door, he/she would add 16 and 70 for a total sum of 86. As long as the total sum is greater than the original passenger capacity of the bus, the exit choice is acceptable.
**History**
- *Source: Added at 22 Ill. Reg. 11889, effective June 29, 1998*
#### **Part 442** Minimum Safety Standards for Construction of Type Ii School Buses
##### **92 Ill. Adm. Code 442.110** Scope {#sec-442.110 omnilex-key=us-il-regs-official--title-92--442.110}
This Part is intended to provide minimum standards for constructing and equipping new Type II school buses manufactured for use in Illinois. This Part assumes compliance with applicable Federal Motor Vehicle Safety Standards (FMVSS) (49 CFR 571), and the Society of Automotive Engineer Standards (SAE), and implements applicable Sections of the Illinois Vehicle Code (the Code) [625 ILCS 5/Ch. 12, Art. VIII]. In addition, this Part sets forth certain other minimum standards established by the Department, and authorized by Section 12-812 of the Code, to govern aspects not governed by the FMVSS, SAE Standards, or the Code. At the request of school bus owners and operators, a few of the requirements in this Part relate to durability and maintenance of school buses rather than safety.
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.120** Definitions {#sec-442.120 omnilex-key=us-il-regs-official--title-92--442.120}
"ANSI" means the American National Standards Institute (11 West 42nd Street, New York NY 10036).
"Body" means the portion of a bus that encloses the occupant and cargo spaces and separates those spaces from the chassis frame, engine compartment, driveline, and other "chassis" components, except certain chassis controls used by the driver.
"Body-on-Chassis" means a completed vehicle consisting of a passenger seating body mounted on a truck type chassis (or other separate chassis) so that the body and chassis are separate entities, although one may reinforce or brace the other.
"Child Check System" means an optional mechanical or electronic monitoring system used for ensuring that no passengers remain on the school bus at the end of a route, a work shift, or the work day. The system shall require the school bus driver to walk to the rear of the bus to deactivate the system before the driver leaves the bus. The vehicle's interior lights must illuminate when the ignition is turned off to assist the driver in seeing in and under the seats during a visual sweep of the bus. (See P.A. 95-0260, effective August 17, 2007.)
"Code" means the Illinois Vehicle Code [625 ILCS 5].
"Driver" means every person who drives or is in actual physical control of a vehicle. (Section 1-116 of the Code)
"Empty Weight" means the unloaded vehicle weight; i.e., the weight of a vehicle with maximum capacity of all fluids necessary for operation of the vehicle but without cargo or occupant (49 CFR 571.3), plus 350 pounds allowance for driver and equipment.
"FMVSS" means the rules and standards set forth in 49 CFR 571 and known as the Federal Motor Vehicle Safety Standards.
"Forward Control" means a configuration in which more than half of the engine length is rearward of the foremost point of the windshield base and the steering wheel hub is in the forward quarter of the vehicle length (49 CFR 571.3) – includes mid-engine and rear-engine "pusher" buses.
"Gross Vehicle Weight Rating" or "GVWR" means the value specified by the manufacturer as the loaded weight of the school bus. (See Section 1-124.5 of the Code.)
"Incomplete Vehicle" means an assemblage consisting, at a minimum, of frame and chassis structure, power train, steering system, suspension system, and braking system, to the extent that those systems are to be part of the completed vehicle, that requires further manufacturing operations (other than the addition of readily attachable components such as mirrors or tire and rim assemblies or minor finishing operations, such as painting) to become a completed school bus for use in Illinois. (Based on 49 CFR 568.3)
"Integral Type" bus means a completed vehicle either without separate body and chassis or with body and chassis joined into one unit.
"m", following a numeral, means either "meter" or "meters".
"mm", following a numeral, means either "millimeter" or "millimeters".
"Manufacturer" (unless otherwise indicated at the point of use) means the person or organization whose name follows "MANUFACTURED BY" or "MFD BY" on the label required in Section 442.130(b).
"Multiple Glazed Unit" means two or more sheets of safety glazing material separated by air spaces and assembled in a common mounting (ANSI Z26.1-1996, no later amendments or editions included).
"Passenger" means every bus occupant who is not the driver.
"SAE" means the Society of Automotive Engineers (400 Commonwealth Drive, Warrendale PA 15096).
"School Bus" means:
Every motor vehicle, except as provided in this definition, owned or operated by or for any of the following entities for the transportation of persons regularly enrolled as students in grade 12 or below in connection with any activity of such entity:
Any public or private primary or secondary school;
Any primary or secondary school operated by a religious institution; or
Any public, private or religious nursery school.
This definition shall not include the following:
A bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interurban transportation of passengers when such bus is not traveling a specific school bus route but is:
On a regularly scheduled route for the transportation of other fare paying passengers;
Furnishing charter service for the transportation of groups on field trips or other special trips or in connection with other special events; or
Being used for shuttle service between attendance centers or other educational facilities.
A motor vehicle of the first division.
A motor vehicle designed for the transportation of not less than 7 nor more than 16 persons that is operated by or for a public or private primary or secondary school, including any primary or secondary school operated by a religious institution, for the purpose of transporting not more than 15 students to and from interscholastic athletic or other interscholastic or school sponsored activities. (Section 1-182 of the Code)
"SI" means Systeme International d'Unites (International System of Units); officially abbreviated SI in all languages; the modernized metric system defined in ANSI IEEE-ASTM-SI-10-1997.
The symbol " following a numeral means either "inch" or "inches".
"Type I School Bus" means a school bus with a gross vehicle weight rating of more than 10,000 pounds. (Section 1-213.4 of the Code)
"Type I-A School Bus" means a term commonly used by school bus manufacturers to classify a certain type of school bus that is a conversion or body constructed upon a van-type or cutaway front-section vehicle with a left side driver's door, designed for carrying more than 10 persons. The Type I-A school bus has a GVWR of more than 10,000 pounds.
"Type II School Bus" means a school bus with a GVWR of 10,000 pounds or less. (Section 1-213.5 of the Code)
**History**
- *Source: Amended at 32 Ill. Reg. 18305, effective November 14, 2008*
##### **92 Ill. Adm. Code 442.130** Incorporation by Reference and Certification {#sec-442.130 omnilex-key=us-il-regs-official--title-92--442.130}
a) Each bus body and chassis must conform to the applicable provisions of the Federal Motor Vehicle Safety Standards (FMVSS) (49 CFR 571.1 through 571.404). Those applicable provisions of the FMVSS are incorporated by reference as that part of the FMVSS was in effect on October 1, 2007. No later amendments to or editions of 49 CFR 571 are incorporated.
b) Each bus body and chassis must conform to the applicable provisions of 49 CFR 567, Certification, and 49 CFR 568, Vehicles Manufactured in Two or More Stages, that were in effect on the first day of the month in which the chassis manufacturer completed his last manufacturing operation on the incomplete bus. Those applicable provisions are incorporated by reference as they were in effect on October 1, 2007. No later amendments to or editions of 49 CFR 567 and 49 CFR 568 are incorporated.
c) Each school bus must conform to the applicable Standards and Recommended Practices of the Society of Automotive Engineers Handbook. Those applicable provisions of the SAE Standards and Recommended Practices are incorporated by reference as of the 2005 edition date. No later amendments to or editions of the SAE Standards and Recommended Practices are incorporated.
d) Copies of the above materials incorporated by reference are available for inspection at the Division of Traffic Safety, 3215 Executive Park Drive, 3rd Floor, Springfield, Illinois 62703 or by calling (217)785-1181. The federal standards are available on the National Archives and Records Administration's website at http://ecfr.gpoaccess.gov. The Division of Traffic Safety's rules are available on the Department's website at http://www.dot.il.gov/safety.html.
**History**
- *Source: Amended at 32 Ill. Reg. 18305, effective November 14, 2008*
##### **92 Ill. Adm. Code 442.205** Aisle {#sec-442.205 omnilex-key=us-il-regs-official--title-92--442.205}
a) Minimum clearance of all aisles, including the aisle (or passageway) leading to an emergency door in the rear, shall be 12 inches.
b) A dedicated aisle which conforms to 49 CFR 571.217 may be adjacent to any side emergency door.
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.208** Barriers, Guard {#sec-442.208 omnilex-key=us-il-regs-official--title-92--442.208}
a) A restraining guard barrier shall be installed in front of the right and left front passenger seats. Barriers shall be constructed to guard passengers from being thrown into the stairwell, dash, windshield, or driver's compartment. Barriers shall be padded to give knee and head impact protection. Barriers shall conform to S5.2 through S5.2.3 of FMVSS 222. (See 92 Ill. Adm. Code 444 for exceptions for special education school buses.)
b) The vertical distance from the floor covering to the top of a barrier positioned in front of a student's seat shall measure not less than the vertical distance from the floor covering to the top of the seat back on the seat back installed behind that barrier.
**History**
- *Source: Amended at 32 Ill. Reg. 18305, effective November 14, 2008*
##### **92 Ill. Adm. Code 442.210** Body Structure and Mounting {#sec-442.210 omnilex-key=us-il-regs-official--title-92--442.210}
a) See applicable provisions of the FMVSS for requirements (49 CFR 571.100 through 571.304).
b) Insulating material shall be placed at all mounting points between the body and chassis frame. This material shall be at least 5 mm (.2") thick, may have the quality of the sidewall of an automobile tire, and shall be so secured that it will not move, vibrate, or "crawl" out of place during normal operations.
c) The body front shall be attached and sealed to the chassis cowl so as to prevent the entry of water, dust, or fumes through the joint between the chassis cowl and the body.
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.213** Bumper, Rear {#sec-442.213 omnilex-key=us-il-regs-official--title-92--442.213}
a) The entire rear bumper must be of metal construction unless an energy absorbing bumper is used.
b) The rear bumper must meet chassis or body manufacturer's standards.
c) The rear bumper shall be shielded between the body and the bumper to prevent hitching or "riding on."
AGENCY NOTE: See Section 442.420 for front bumper requirements.
**History**
- *Source: Added at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.214** Capacity, Passenger {#sec-442.214 omnilex-key=us-il-regs-official--title-92--442.214}
a) The vehicle maximum passenger capacity recommended by the manufacturer of the bus shall be based upon a provision for 13 inches of seating space for each passenger, exclusive of the driver. (Section 12-802 of the Code) Examples: A seat 990 mm (39") in width provides 3 passenger spaces; a seat 985 mm (38.8") in width provides 2 passenger spaces; a device resembling a seat but less than 330 mm (13") in width would not provide a passenger space.
b) Neither a space not conforming to the FMVSS 222 nor the driver's space shall be counted as a passenger space. However, any space used for transporting an orthopedically challenged passenger shall be counted as a passenger space when computing passenger capacity to be displayed on the exterior of the bus as required in Section 442.250(g). (See 92 Ill. Adm. Code 444, Minimum Safety Standards for Construction of School Buses used in Special Education Transportation.)
**History**
- *Source: Added at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.215** Ceiling and Side Walls {#sec-442.215 omnilex-key=us-il-regs-official--title-92--442.215}
a) The ceiling and side walls shall be thermally insulated with a fire-resistant material approved by the Underwriter's Laboratories, Inc., which shall also adequately reduce the noise level and vibrations.
b) The interior of the bus shall be free of all unnecessary projections likely to cause injury. Additional projections (e.g., external speakers, air conditioners) located within 59 inches from the floor shall be padded to prevent injury. This includes inner lining of ceiling and walls. Installation of book racks is not permissible. Interior paneling is required on the ceiling and walls. Paneling shall be of steel or other suitable material of equivalent strength and durability, applied in such a manner as to present a clean, smooth and safe interior. Exposed edges of lapped joints shall be beaded, flanged or otherwise treated and connected to reduce the likelihood of injury from exposed edges.
c) Interior height shall be a minimum of 60 inches, measured from the floor to ceiling at any point on the longitudinal center line from the front vertical bow to the rear vertical bow.
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.216** Child Check System (optional) {#sec-442.216 omnilex-key=us-il-regs-official--title-92--442.216}
If a mechanical or electronic child check system is installed, the system must illuminate the interior lights on the bus when the ignition is turned off. (See P.A. 95-0260, effective August 17, 2007.)
**History**
- *Source: Added at 32 Ill. Reg. 18305, effective November 14, 2008*
##### **92 Ill. Adm. Code 442.218** Crossing Control Arm {#sec-442.218 omnilex-key=us-il-regs-official--title-92--442.218}
a) Must meet or exceed the wiring requirements of SAE Recommended Practice J1133.
b) Must be capable of full operation between, and including, the temperatures -40 degrees F and 160 degrees F.
c) The arm, when activated, must extend a minimum of five feet from the front face of the bumper.
d) The arm must be mounted on the far right side (entry side) of the front bumper.
e) Appropriate brackets shall be used to attach the arm to the front bumper for proper operation and storage.
f) All component parts must meet or exceed any applicable FMVSS in effect at the time of manufacture.
g) The arm must extend at the same time the stop arm panel extends. An independent "on/off" switch is prohibited.
h) If the driver can stop the arm from extending with the use of an optional override switch, the arm sequence must automatically reset once the service door is closed.
i) Red lights and/or red reflectors are prohibited.
**History**
- *Source: Amended at 32 Ill. Reg. 18305, effective November 14, 2008*
##### **92 Ill. Adm. Code 442.220** Defrosters {#sec-442.220 omnilex-key=us-il-regs-official--title-92--442.220}
Defrosting equipment shall be installed so as to help keep the window to the left of the driver and the glass in the service door clear of fog or frost. This defrosting equipment shall conform to those FMVSS 103 (49 CFR 571.103) performance requirements that are applicable to school bus windshields.
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.225** Doors (repealed) {#sec-442.225 omnilex-key=us-il-regs-official--title-92--442.225}
**History**
- *Source: Repealed at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.230** Emergency Exits and Door Alarms {#sec-442.230 omnilex-key=us-il-regs-official--title-92--442.230}
a) Each emergency exit shall be equipped with an interior opening device which may be quickly released but which is designed to offer protection against accidental release. Each exterior release handle must be nonhitchable.
AGENCY NOTE: "Nonhitchable" is defined as the rear of the bus being designed and maintained to prevent or discourage riding or grasping the rear of the bus so as to "hitch" rides.
b) All emergency exits shall conform to the applicable requirements of the FMVSS 217 (49 CFR 571.217).
1) Each opening for a required emergency exit window or door must be outlined around its exterior perimeter with, at a minimum, 1 inch (2.54 cm) wide yellow retroreflective tape. All retroreflective tape must be on the exterior surface of the bus and conform to all requirements of 49 CFR 571.217. Emergency roof exits may be outlined in either yellow or white retroreflective tape. Yellow retroreflective tape can be located on the rear bumper or rub rail provided the space under the emergency exit door or emergency exit window is not adequate to accommodate the tape or provided rivets are present that prohibit the tape from being applied properly.
2) Both audible and visible alarms shall alert the driver when the engine is running and any emergency exit door either:
A) Is not fully latched, or
B) Is locked and not readily operated manually.
3) An audible alarm shall alert the driver when the engine is running and any emergency exit window either:
A) Is not fully latched, or
B) Is locked and not readily operated manually.
4) The engine starting system shall not operate while any emergency exit door or window (optional or required) is locked from either inside or outside the bus. "Locked" means that the release mechanism cannot be activated and the exit cannot be opened by a person at the exit without a special device such as a key or special information such as a combination.
5) An alarm cut-off or "squelch" control is prohibited.
6) Exception: No alarm is required for roof hatches.
**History**
- *Source: Amended at 31 Ill. Reg. 8238, effective May 25, 2007*
##### **92 Ill. Adm. Code 442.235** Floor Covering {#sec-442.235 omnilex-key=us-il-regs-official--title-92--442.235}
a) Plywood or equivalent material may be applied over the existing steel floor and securely fastened – shall be applied if specified by the purchaser. If applied, plywood shall be at least ½" exterior BB grade.
b) All portions of the floor that come in contact with passengers' or driver's footwear shall be covered with a waterproof material. This floor covering shall not crack when subjected to sudden temperature change and shall be bonded securely to the floor with a waterproof substance. All seams and openings shall be filled with a waterproof sealer.
c) The floor covering in the aisles and entrance area shall be of non-skid, wear-resistance type material commonly used in commercial passenger transportation vehicles.
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.240** Glazing Materials {#sec-442.240 omnilex-key=us-il-regs-official--title-92--442.240}
a) All glazing in the rear of a school bus, including the door, shall be the fixed type.
b) Laminated safety glass is optional. All applicable provisions of the FMVSS 205 (49 CFR 205) apply to the optional laminated safety glass and also to any plastic materials used in multiple-glazed unit, including meeting the pertinent tests indicated below, that are specified in ANSI Standard Z26.1-1996 or Z26.1a-1996 and are grouped in Table No. 1 of that Standard. Glazing shall be identified as shown below.
Glazing installed in:
Shall meet tests grouped in Z26.1 Table No. 1 under:
Shall bear one of the following identification markings:
Windshield
Item 1, either laminated glass or multiple glazed unit
AS 1 Glass
Window or door forward of rearmost location of driver's seat back
AS 1 Glass or
AS 2 Glass
All Other
locations
AS 1 Glass,
AS 2 Glass or
AS 3 Glass
c) In addition, any exposed plastic layer of a multiple glazed unit shall be identified in conformance with the FMVSS 205 (49 CFR 571.205).
d) All glazing shall be installed so the identification markings are legible.
AGENCY NOTE: See Section 442.310, Window Openings, for window operation requirements.
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.245** Heaters {#sec-442.245 omnilex-key=us-il-regs-official--title-92--442.245}
a) An inside temperature of not less than 50 degrees Fahrenheit at average minimum January temperature as established by the U.S. Department of Commerce, National Weather Service Office, for the area in which the vehicle is to be operated shall be maintained throughout the bus.
b) The primary heater shall be a high output, fresh air type.
c) The secondary heater may be recirculating type, and located so as not to interfere with aisle space. Each secondary heater shall display a nameplate that identifies the manufacturer and the heater capacity rating.
d) The heater hoses shall be adequately supported to guard against excessive wear due to vibration and shall not interfere with or restrict the operation of any engine function. Any hose in the passenger compartment shall be adequately protected to prevent injury from burns in the event of rupture.
e) Auxiliary fuel-fired heating systems are permitted provided they comply with the following:
1) The auxiliary heating system fuel shall utilize the same type of fuel as specified for the vehicle engine;
2) The heater or heaters may be direct hot air or connected to the engine's coolant system;
3) An auxiliary heating system, when connected to the engine's coolant system, may be used to preheat the engine coolant or preheat and add supplementary heat to the bus' heating system;
4) Auxiliary heating systems must be installed pursuant to the manufacturer's recommendations and shall not direct exhaust in a manner that will endanger bus passengers (e.g., under windows);
5) Auxiliary heating systems that operate on diesel fuel shall be capable of operating on:
A) a hot water and/or combustion type heater; or
B) if only one heater is used, a fresh-air or combination fresh-air and recirculation type heater; or
C) blended diesel fuel without the need for system adjustment.
6) The auxiliary heating system shall be low voltage.
**History**
- *Source: Amended at 31 Ill. Reg. 8238, effective May 25, 2007*
##### **92 Ill. Adm. Code 442.250** Identification/Lettering {#sec-442.250 omnilex-key=us-il-regs-official--title-92--442.250}
a) Except where otherwise required or allowed, lettering on the exterior of the body shall be black against a national school bus glossy yellow background. All required letters and numerals shall conform to Series "B", or heavier series, of the Standard Alphabets for Highway Signs issued by the Federal Highway Administration, Washington, D.C. 20591. Decals may be used instead of paint. Signs, numbers, or lettering, other than those either required by Section 12-802 of the Code or this Part shall not be affixed permanently on either the exterior or interior of the bus. Interior lettering shall contrast with its background.
b) The words "SCHOOL BUS" shall be displayed against a national school bus glossy yellow background as high as practical and approximately centered on the front and rear of the bus body, in letters at least 200 mm (8") high (see Section 12-802 of the Code). These words may be painted on or applied to the bus body or displayed on a sign firmly attached to or built into the body. The background of an illuminated sign shall approximate the national school bus glossy yellow color as closely as feasible.
c) A school bus identification number, supplied by the purchaser, shall be displayed as high as practical on the front and rear of the bus in numerals not less than 100 mm (4") high. Such number may be displayed on the sides of the bus as specified by the purchaser. As an option, identification numbers may be located on the rooftop.
d) Either the owner's name or the school district number or both must be displayed on both sides of the bus at least four inches high, approximately centered and as high as practicable below the window line. (See Section 12-802 of the Code.) The lettering must be located on one line.
e) The body and/or chassis manufacturer's name, emblem, or other identification may be displayed, colorless or in any color, on any unglazed surface of the bus so as not to be mistaken for the name required in subsection (d) of this Section, and so as not to interfere with any required letters or numerals.
f) The words "EMPTY WEIGHT", or the abbreviation "EMPTY WT.", or the letters "E.W.", followed by the empty weight of the bus (see Section 442.120), stated in pounds, shall be displayed on the exterior of the body near the rear edge of the service entrance in numerals and letters at least 50 mm (2") high (see Section 12-802 of the Code).
Examples:
EMPTY WEIGHT
16,800 lb
E.W. 16,800 lb
g) The word "CAPACITY", or the abbreviation "CAP.", and the rated passenger capacity, as described in Section 442.214, followed by the word "PASSENGERS", or the abbreviation "PASS.", shall be displayed on the exterior of the body near the rear edge of the service entranceway, and on the interior above the right portion of the windshield, in numerals and letters at least 50 mm (2") high (see Section 12-802 of the Code).
h) The words "NO STANDEES" shall be displayed only on the interior above the windshield, approximately opposite the aisle but to the right of the mirror and sun visor, in letters at least 50 mm (2") high.
i) The words "EMERGENCY DOOR" or "EMERGENCY EXIT" in letters at least 5 cm (2") high must be displayed on the interior and exterior of the bus. "EMERGENCY DOOR" must be displayed at the top of, or directly above, any emergency exit door. "EMERGENCY EXIT" must be displayed at the top of, or directly above, or at the bottom of, any emergency exit window. They may be displayed on a separate colorless background (such as white, aluminum, or silver) that extends no more than 15 mm (.6") above or below the words and no more than 25 mm (1") to the right or left of the words.
j) A black arrow, curved or straight, at least 150 mm (5.9") in length and 15 mm (.6") in width, showing the direction each exterior emergency exit release mechanism is to be moved to open the emergency exit, shall be painted or permanently affixed on the exterior yellow portion of the bus within 150 mm (5.9") of each release mechanism.
k) An arrow showing the direction each interior emergency exit release mechanism is to be moved to open the emergency exit shall be painted or permanently affixed on the interior of the bus within 150 mm (5.9") of each emergency exit release mechanism. Each interior arrow shall contrast with its background and, where suitable space is limited, may be smaller than the exterior arrow(s) but must be conspicuous.
l) Alternate Fuel
1) If the bus uses alternate fuel (e.g., propane, CNG), the vehicle must be marked with an identifying decal. Such decal shall be diamond shaped with white or silver scotchlite letters one inch in height and a stroke of the brush at least ¼ inch wide on a black background with a white or silver scotchlite border bearing either the words or letters:
"PROPANE" = If propelled by liquefied petroleum gas other than liquefied natural gas; or
"CNG" = If propelled by compressed natural gas. The sign or decal shall be maintained in good legible condition.
2) The alternate fuel decal shall be displayed near the rear bumper and visible from the rear of the vehicle. (Section 12-704.3 of the Code)
m) The vehicle's length (rounded up to nearest whole foot) must be displayed on or adjacent to the interior bulkhead clearly within the driver's view. (For example: vehicle length of 39.1 feet will be displayed as 40 feet.) Each letter or numeral must be at least two inches high and black in color. The measurement must be taken from the front bumper to the rear bumper.
n) A "Stop Line" in contrasting color is required between 5.9 and 6.1 inches below the top of each side window opening. The line shall be located between each window that slides downward.
o) The decal described in this subsection (o) is required to be displayed on every school bus registered in Illinois. The school bus manufacturer may elect to apply the decal at the time the school bus is manufactured or the decal may be applied by the school bus owner after the school bus is purchased. A white decal with black lettering and numerals that measure one inch high must be displayed on the rear of the bus. The decal must display the words TO REPORT ERRATIC DRIVING followed by the area code and phone number of the bus owner. The decal shall be located on the rear window glazing below the rear seat back, on the bus body below the window line, or on the rear bumper. The decal must be visible to the motoring public from the rear of the bus and cannot obstruct any required lettering or numerals. The decal cannot be located on any emergency door glazing or any emergency window glazing. Magnetic signs are not allowed. (See P.A. 95-0176, effective January 1, 2008.)
p) The decals described in this subsection (p) are required to be displayed on every school bus registered in Illinois if an audio and/or visual recording will be made of the interior of the school bus. The school bus manufacturer may elect to apply the decals at the time the school bus is manufactured or the decals may be applied by the school bus owner after the school bus is purchased. Two white decals with black lettering measuring one inch high shall be displayed, one on the exterior of the service (e.g., entrance) door or on the bus body adjacent to the service door if the door is not adequate to accommodate the decal and a second on the front interior bulkhead. The decals shall serve as a notice of audio and/or visual recordings. The exterior decal must not be located on any service door glazing and the interior decal must not obstruct any other required lettering on the bulkhead. Magnetic signs are not allowed. (See P.A. 95-0352, effective August 23, 2007.)
**History**
- *Source: Amended at 32 Ill. Reg. 18305, effective November 14, 2008*
##### **92 Ill. Adm. Code 442.253** Metal Treatment {#sec-442.253 omnilex-key=us-il-regs-official--title-92--442.253}
a) Unless excluded by this subsection, all steel or iron used in construction of the bus body and attached equipment shall be either resistant to atmospheric corrosion, or zinc coated, or treated by equivalent process. Particular attention shall be given to each fastener or attaching device, lapped surface, welded connection or fastening, cut edge, punched or drilled hole, surface subjected to abrasion, closed or box section, and any unvented or undrained area or space. The number of unvented or undrained areas or spaces is to be minimized. Excluded are door handles, grab handles, and interior decorative parts.
b) As evidence that above requirements have been met, a sample of fastener, material, or section of body, coated or finished as installed in the bus, when subjected to a 1,000-hour salt spray test in accordance with American Society for Testing and Materials (ASTM) Standard B-117-1997 "Method of Salt Spray (Fog) Testing" shall not exhibit more than 10 percent reduction in weight after all adherent corrosion products are removed.
**History**
- *Source: Added at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.255** Mirrors {#sec-442.255 omnilex-key=us-il-regs-official--title-92--442.255}
a) Interior Mirror – A mirror shall be located inside the bus. It shall be firmly supported, constructed of clear view safety glass and securely backed and framed. It shall have rounded corners. Edges shall be padded to reduce danger of injury upon impact. The mirror shall afford the operator a good view of the bus interior and portions of the roadway to the rear.
b) All exterior mirror systems shall conform to the applicable requirements of the FMVSS 111 (49 CFR 571.111).
c) More convex mirrors than required above may be installed, if specified by the purchaser.
d) The reflecting surface on the backside of each mirror glass shall be protected from abrasion, scratching, and atmospheric corrosion.
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.258** Paint/Color Requirements {#sec-442.258 omnilex-key=us-il-regs-official--title-92--442.258}
a) The exterior of each school bus shall be national school bus glossy yellow except as indicated in subsections (b) through (i) of this Section.
b) The rooftop may be white. Optional white roof shall terminate at any point from top of drip rail to 6" above drip rail. The front and rear roof caps shall remain national school bus glossy yellow.
c) Body trim, rub rails, and lettering other than on a stop signal arm shall be glossy black. Bumpers may be glossy black or a bright, light or colorless finish.
d) Lettering on a stop signal arm shall be white on a red background.
e) The hood and upper cowl may be lusterless black or lusterless school bus yellow.
f) Grilles on the front, lamp trim and hubcaps may be a bright finish. Wheels and rims may be black, gray, or manufacturer's colors.
g) The name or emblem of a manufacturer may be colorless or any color.
h) The exterior paint of any school bus shall match the central value, hue and chroma set forth in this Part. (Section 12-801 of the Code)
i) Each opening for a required emergency exit window or door must be outlined around its outside perimeter with a minimum 1 inch (2.54 cm) wide yellow retroreflective tape. All retroreflective tape must be on the exterior surface of the bus and conform to all requirements of 49 CFR 571.217. Yellow retroreflective tape can be located on the rear bumper or rub rail provided the space under the emergency exit door or emergency exit window is not adequate to accommodate the tape or provided rivets are present that prohibit the tape from being applied properly. Emergency roof exits may be outlined in either yellow or white retroreflective tape.
**History**
- *Source: Amended at 31 Ill. Reg. 8238, effective May 25, 2007*
##### **92 Ill. Adm. Code 442.259** Rack, Book/Luggage {#sec-442.259 omnilex-key=us-il-regs-official--title-92--442.259}
Book/luggage racks are not allowed.
**History**
- *Source: Added at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.260** Rub Rails {#sec-442.260 omnilex-key=us-il-regs-official--title-92--442.260}
a) There shall be one rub rail located approximately at seat level which shall extend from the rear of the entrance door on both sides to a point of curvature at the rear of the body.
b) Rub rails shall be constructed of 16-gauge longitudinally corrugated or ribbed steel, ventilated, four inches minimum width, and securely fastened to the body by bolts, rivets, or welding.
**History**
- *Source: Amended at 12 Ill. Reg. 4220, effective February 9, 1988*
##### **92 Ill. Adm. Code 442.265** Seat Belts, Driver's and Passengers' {#sec-442.265 omnilex-key=us-il-regs-official--title-92--442.265}
a) See the FMVSS for requirements (49 CFR 571.209 and 210).
b) The driver's seat belt assembly shall be arranged so that all portions of the assembly remain above the floor when not in use.
c) If a retractor or retractors are installed, they shall be the emergency locking type.
d) The driver's seat must be equipped with a lap belt/shoulder harness design.
**History**
- *Source: Amended at 31 Ill. Reg. 8238, effective May 25, 2007*
##### **92 Ill. Adm. Code 442.270** Seating {#sec-442.270 omnilex-key=us-il-regs-official--title-92--442.270}
a) No bus shall be equipped with "jump" or portable seats (this does not include child restraint systems).
b) The driver's seat shall be rigidly positioned and have a fore-and-aft adjustment without the use of tools or other nonattached devices.
c) A flip-up seat for passengers may be located only immediately adjacent to any side emergency door. The flip-up seat must conform to the following:
1) The seat must be designed so that, when in the folded position, the seat cushion is flat against the seat back to prevent a child's limb from becoming lodged between the seat cushion and seat back.
2) The seat must be designed to discourage a child from standing on the seat cushion when in the folded position.
3) The working mechanism under the seat must be covered to eliminate any tripping hazard.
4) All sharp metal edges on the seat must be padded to prevent any snagging hazard.
5) No portion of the door latch mechanism can be obstructed by a seat.
6) There must be at least 11.7 inches (30 cm) measured from the door opening to the seat back in front.
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.275** Service Entrance and Door {#sec-442.275 omnilex-key=us-il-regs-official--title-92--442.275}
a) The service entrance shall be located on the right side near the front, in unobstructed and convenient view of the driver. The service entrance shall have a minimum vertical opening of 1.7 m (67") and a minimum horizontal opening of 610 mm (24").
b) The service entrance steps shall be designed so that the first step shall not be more than 13½" off the ground. If necessary, a step of adequate width and length shall be installed to meet this requirement. Provision shall be made to prevent road splash from the wheel from accumulating on the step if installed outside the body.
c) The service door shall be either manually or power operated by the seated driver. When in the closed and secured position, the door operating mechanism shall prevent accidental opening but shall afford prompt release and opening by the driver. No exposed parts of a door operating mechanism shall come together so as to shear or crush finger(s). The vertical closing edge(s) of a service door shall be padded to lessen chance of injury.
d) A power operated door shall be equipped for emergency manual operation in case of power failure. Instructions for emergency operation of a power operated door shall be affixed permanently on the interior of the door in letters at least 12 mm (.5") high.
e) A single-section service door shall be hinged at the front of the service entrance.
f) Glazed panels shall be installed in the service door to afford the driver a view of small children outside the door, traffic signs, and intersecting roadways. The bottom of each lower glass panel shall not be more than 10 inches from the top surface of the bottom step. The top of each upper glass panel shall not be more than 3 inches from the top of the door.
g) Service Door Lock (Optional). If ordered by the purchaser, a lock may be installed on or at the service door. Any type service door locking system installed in the bus shall conform to at least one of the following requirements.
1) Requirement 1: A locking system shall not be capable of preventing the driver from easily and quickly opening the service door; or
2) Requirement 2: A locking system that is capable of preventing the driver from easily and quickly opening the service door shall include an audible and visible alarm to alert the driver when the engine is running and the service door is locked. No alarm disconnect, "squelch control", or other alarm defeating or attenuating device shall be installed; or
3) Requirement 3: A locking system shall not be capable of preventing the driver from easily and quickly opening the service door except when, and only when, a person outside the bus uses a key that is not capable of locking more than one of at least 1000 of the door manufacturer's key locking systems.
h) A grab handle of steel, as long as practicable, shall be solidly attached to the left of any person entering the school bus. Forward handrails are prohibited, except when required by 92 Ill. Adm. Code 444 (Minimum Safety Standards for Construction of School Buses used in Special Education Transportation). An optional grab handle can also be located on the right side of the entranceway.
**History**
- *Source: Amended at 32 Ill. Reg. 18305, effective November 14, 2008*
##### **92 Ill. Adm. Code 442.280** Stanchion Guard Panel or Barrier Guard (repealed) {#sec-442.280 omnilex-key=us-il-regs-official--title-92--442.280}
**History**
- *Source: Repealed at 31 Ill. Reg. 8238, effective May 25, 2007*
##### **92 Ill. Adm. Code 442.285** Stop Signal Arm Panel {#sec-442.285 omnilex-key=us-il-regs-official--title-92--442.285}
a) A stop signal arm panel must be installed on the left side of the bus that conforms to 49 CFR 571.131. Decals may be used in lieu of painting. Strobe lamps are acceptable on stop signal arm panels. See Appendix E for example.
b) Additional stop signal arm panels may be added at the purchaser's request. Additional panels must be located on the left side of the bus. Additional panels must operate in conjunction with the required panel and meet all stop arm panel requirements except as follows. The additional panel must not contain any marking or reflective material on the front side of the panel. The additional panel must be located in the rear half of the bus adjacent to the rearmost window.
**History**
- *Source: Amended at 31 Ill. Reg. 8238, effective May 25, 2007*
##### **92 Ill. Adm. Code 442.290** Tool Compartment (purchaser's Option) {#sec-442.290 omnilex-key=us-il-regs-official--title-92--442.290}
a) A fire-resistant container of adequate strength and capacity for storage of tools, chains, curriculum equipment, activity equipment, etc., may be installed. If installed, the container shall provide reasonable security for its contents and shall be securely fastened to prevent the container or its contents from becoming accidentally dislodged.
b) If the storage container is not installed and tools, equipment, etc., are carried, each such item must be secured to prevent its becoming dislodged and causing injury to passengers.
##### **92 Ill. Adm. Code 442.295** Sun Visor {#sec-442.295 omnilex-key=us-il-regs-official--title-92--442.295}
a) The driver's side shall be equipped with an interior adjustable sun visor with a minimum size of 5" X 16".
b) No sun visor shall interfere with the operator's full view of the rearview mirror(s).
c) A sun visor on the right passenger side is optional.
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.300** Undercoating {#sec-442.300 omnilex-key=us-il-regs-official--title-92--442.300}
The underside of the body, including floor members and the side panels below the floor, shall be coated with a fire-resistant undercoating material applied by the spray method so as to seal, insulate, reduce corrosion, and reduce interior noise. Non-metallic components need not be coated.
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.305** Ventilation {#sec-442.305 omnilex-key=us-il-regs-official--title-92--442.305}
The body shall be equipped with a suitable controlled ventilation system of sufficient capacity to maintain a satisfactory ratio of outside to inside air under operating conditions without opening of windows except in warm weather.
##### **92 Ill. Adm. Code 442.310** Window Openings {#sec-442.310 omnilex-key=us-il-regs-official--title-92--442.310}
This Section does not apply to a window or glazed panel installed forward of a front passenger seat, and is optional for a window installed either beside a rear passenger seat or a special service door or in a side emergency exit.
a) All side windows shall open from the top only and shall operate freely.
b) There shall be one vertical opening side window for each seat.
c) Each side window shall provide an unobstructed emergency egress opening at least 9 inches high and 22 inches wide. The opening may extend to 18 inches above the unoccupied passenger seat cushion but no closer (to the seat cushion).
d) A stop line for the window opening shall be applied six inches from the top of the window opening.
e) The side windows may be split sash.
f) The window latches shall be recessed.
AGENCY NOTE: See Section 442.240 for glazing material requirements.
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.315** Windshield {#sec-442.315 omnilex-key=us-il-regs-official--title-92--442.315}
See the FMVSS for requirements (49 CFR 571.104).
The windshield may be tinted and may have a "shade band".
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.320** Windshield Wipers {#sec-442.320 omnilex-key=us-il-regs-official--title-92--442.320}
See the FMVSS for requirements (49 CFR 571.104).
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.325** Windshield Washer {#sec-442.325 omnilex-key=us-il-regs-official--title-92--442.325}
See the FMVSS for requirements (49 CFR 571.104).
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.405** Air Cleaner {#sec-442.405 omnilex-key=us-il-regs-official--title-92--442.405}
The bus shall be equipped with an adequate oil bath, dry element, or equivalent type air cleaner.
##### **92 Ill. Adm. Code 442.410** Axles {#sec-442.410 omnilex-key=us-il-regs-official--title-92--442.410}
a) Must meet federal chassis requirements as indicated on the federal certification label as required by 49 CFR 567 (Certification) and 49 CFR 568 (Vehicles Manufactured in Two or More Stages).
b) Wheel base shall not be less than 123 inches.
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.415** Brakes {#sec-442.415 omnilex-key=us-il-regs-official--title-92--442.415}
See the FMVSS for requirements (49 CFR 571.105).
Power brakes are required.
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.420** Bumper, Front {#sec-442.420 omnilex-key=us-il-regs-official--title-92--442.420}
a) The front bumper shall meet the chassis manufacturer's standards.
b) The entire front bumper must be of metal construction unless an energy absorbing bumper is used.
AGENCY NOTE: See Section 442.213 for rear bumper requirements.
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.425** Drive Shaft Guard {#sec-442.425 omnilex-key=us-il-regs-official--title-92--442.425}
Each segment of the drive shaft shall be equipped with a suitable guard to prevent accident or injury in the event of its fracture or disconnection.
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.430** Engine {#sec-442.430 omnilex-key=us-il-regs-official--title-92--442.430}
Type and displacement may be specified by the purchaser.
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.435** Exhaust System and Muffler {#sec-442.435 omnilex-key=us-il-regs-official--title-92--442.435}
a) The exhaust pipe, muffler and tail pipe shall be outside the bus body and attached to the chassis.
AGENCY NOTE: As mandated by the United States Environmental Protection Agency (USEPA), diesel-powered engines manufactured after December 31, 2006 are required to meet stricter standards that will reduce emissions of particulate matter and nitrogen oxides into the atmosphere. School bus manufacturers may be required to modify exhaust systems to meet the USEPA requirements, e.g., mufflers may be replaced with after-treatment devices that significantly reduce toxins released into the atmosphere. Modifications to exhaust systems made in compliance with the USEPA requirements are acceptable provided they do not impact the safe operation of the school bus.
b) The exhaust system shall be insulated from any insulated wire, flammable material, brake hose or line, or fuel system component by a securely attached metal shield at any point where the exhaust system is 11.8 inches (300 mm) or less (four inches (101.6 mm) or less if diesel powered engine) from the components listed in this subsection.
c) The tail pipe may meet the chassis manufacturer's standard configuration. However, the tail pipe shall not exit beneath any fuel filler location or beneath any emergency exit door.
d) The tail pipe shall extend out to, but not more than, 1 inch (25.4 mm) beyond the perimeter of the body or the bumper.
e) The shielding of engine compartment components shall be governed by the chassis manufacturer's standards.
f) Each gas conducting component that is not of stainless steel shall be of commercial heat and corrosion resistant exhaust system material and shall be nonflexible.
**History**
- *Source: Amended at 32 Ill. Reg. 18305, effective November 14, 2008*
##### **92 Ill. Adm. Code 442.440** Frame {#sec-442.440 omnilex-key=us-il-regs-official--title-92--442.440}
After the date of manufacture of the incomplete vehicle, the chassis frame shall not be altered so as to extend the wheelbase. Other extension(s) of the chassis frame may be accomplished only by the incomplete vehicle, intermediate, or final-stage manufacturer or by an agent of the manufacturer properly instructed and authorized by the manufacturer to make the extension(s).
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.445** Fuel Tank {#sec-442.445 omnilex-key=us-il-regs-official--title-92--442.445}
a) See the FMVSS for requirements (49 CFR 571.301).
b) The fuel tank shall have a minimum capacity of 24 gallons.
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.450** Heater Connections {#sec-442.450 omnilex-key=us-il-regs-official--title-92--442.450}
Each heater installation shall include two shut off valves as close to the engine inlet and outlet connections as practicable.
##### **92 Ill. Adm. Code 442.455** Horn {#sec-442.455 omnilex-key=us-il-regs-official--title-92--442.455}
The bus shall be equipped with at least one horn capable of emitting sound audible under normal conditions from a distance of not less than 200 feet. (Section 12-601 of the Code) The horn shall be conveniently controlled from the operator’s position and tested in accordance with SAE Standard J377.
**History**
- *Source: Amended at 31 Ill. Reg. 8238, effective May 25, 2007*
##### **92 Ill. Adm. Code 442.460** Ignition Lock {#sec-442.460 omnilex-key=us-il-regs-official--title-92--442.460}
A key type lock or other device shall be provided to prevent the vehicle from being set in motion or its engine started by unauthorized persons.
##### **92 Ill. Adm. Code 442.465** Instruments {#sec-442.465 omnilex-key=us-il-regs-official--title-92--442.465}
The bus shall be equipped with the following nonglare illuminated instruments and gauges mounted for easy maintenance and repair and in such a manner that each is clearly visible to the seated operator. An indicator light in lieu of a pressure or temperature gauge is permissible.
a) Speedometer
b) Odometer
c) Fuel Gauge
d) Oil Pressure Gauge
e) Water Temperature Gauge
f) Ampere Meter or Volt Meter with graduated charge and discharge indications
**History**
- *Source: Amended at 31 Ill. Reg. 8238, effective May 25, 2007*
##### **92 Ill. Adm. Code 442.470** Oil Filter {#sec-442.470 omnilex-key=us-il-regs-official--title-92--442.470}
An oil filter of replaceable element type or cartridge type or disposable type shall be provided. The oil filter shall have an oil capacity of at least one quart.
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.475** Shock Absorbers {#sec-442.475 omnilex-key=us-il-regs-official--title-92--442.475}
Two front and two rear heavy-duty double-acting shock absorbers or equivalent damping devices shall be provided.
##### **92 Ill. Adm. Code 442.480** Springs and Suspension {#sec-442.480 omnilex-key=us-il-regs-official--title-92--442.480}
Each spring and other component in any of the suspension systems shall be capable of supporting its share of the rated gross axle weight during normal operations.
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.485** Steering Mechanism {#sec-442.485 omnilex-key=us-il-regs-official--title-92--442.485}
a) The steering gear shall provide safe and accurate performance at maximum load and speed and shall be easily adjusted. Only changes approved by the chassis manufacturer shall be permitted.
b) Power steering is the purchaser's option.
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.490** Tires and Wheels {#sec-442.490 omnilex-key=us-il-regs-official--title-92--442.490}
a) See the FMVSS for requirements (49 CFR 571.120).
b) Wheels and rims may be black, gray or manufacturer's colors.
c) A spare tire is the purchaser's option. If the spare tire is carried inside it shall be securely mounted so that it in no way interferes with the passenger seating accommodations, the emergency door operations or aisle space.
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.495** Transmissions {#sec-442.495 omnilex-key=us-il-regs-official--title-92--442.495}
a) A manual shift transmission shall be fully synchronized in all forward gears. It shall provide for at least three forward and one reverse speeds.
b) An automatic transmission is the purchaser's option.
##### **92 Ill. Adm. Code 442.605** Battery and Battery Compartment {#sec-442.605 omnilex-key=us-il-regs-official--title-92--442.605}
a) The storage battery shall be a nominal 12-volt type. It shall be of sufficient capacity to supply all electrical requirements but shall be rated, as specified in SAE Standard J537, not less than either 70-ampere hours at the 20-hour discharge rate or 105-minutes at the 25-ampere discharge rate.
b) When the battery is mounted outside the engine compartment, it shall be attached securely in a closed, weather-tight, and vented compartment that is located and arranged so as to provide for convenient routine servicing. The battery compartment door, or cover, shall be secured by an adequate manually-operated latch or fastener. Each electrical cable connecting the battery in this compartment to the body or chassis shall be one piece between the battery terminal connector and the first body or chassis terminal connector.
**History**
- *Source: Amended at 31 Ill. Reg. 8238, effective May 25, 2007*
##### **92 Ill. Adm. Code 442.610** Generator or Alternator {#sec-442.610 omnilex-key=us-il-regs-official--title-92--442.610}
The generator or alternator with rectifier shall have a maximum output of at least 55-amperes (in accordance with SAE rating) and shall be ventilated and voltage controlled and, if necessary, current controlled and shall be capable of supplying all electrical requirements. The purchaser should specify a larger generator or alternator if needed under his/her operating conditions.
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.615** Lamps, Reflectors, and Signals {#sec-442.615 omnilex-key=us-il-regs-official--title-92--442.615}
a) See the FMVSS for requirements (49 CFR 571.108). Light Emitting Diode (LED) lamps that meet applicable FMVSS or SAE Standards or SAE Recommended Practices are acceptable.
b) Alternately Flashing Signal Lamps. Each bus shall be equipped with an eight lamp alternately flashing signal system that conforms to S5.1.4(b) of the FMVSS 108 (49 CFR 571.108) and Section 12-805 of the Code. A separate circuit breaker and a master switch shall be provided for this signal system. When in its "off" position, this master switch shall prevent operation of the eight lamp system; shall prevent operation of any lamps mounted on the stop signal arm panel required under subsection (hh); and shall prevent operation of any electrically controlled mechanism that would cause the stop signal arm panel to extend. The controls for the eight lamp flashing signals, the stop signal arm panel, and the service entrance door shall be arranged so as to provide for the following sequence of operations while the engine is running:
1) Place the alternately flashing signal system master switch in its "off" position. Close and secure the service entrance door. Actuate the alternately flashing signal system hand or foot control. The alternately flashing signal lamps of either yellow (amber) or red color shall not go on.
2) With the master switch "off" and the hand or foot control actuated, open the service door. The alternately flashing signals of either color shall not go on and the stop signal arm panel shall not extend.
3) Deactivate the hand or foot control. Place the alternately flashing signal system master switch in its "on" position. Close and secure the service door. Then open the service door. The alternately flashing signal lamps of either color shall not go on and the stop signal arm panel shall not extend.
4) Close and secure the service door. Actuate the alternately flashing signal system by hand or foot control. A yellow pilot lamp in the view of the driver and the yellow alternately flashing signals shall go on.
5) Desecure but do not open the service door. The yellow pilot and the yellow alternately flashing signals shall go off. A red pilot lamp in the view of the driver and the red alternately flashing signals shall go on. The stop signal arm panel shall extend.
6) Fully open the service door. The red pilot and red signals shall remain on and the stop arm shall remain extended.
7) Close but do not secure the service door. The red pilot and red signals shall remain on and the stop arm shall remain extended.
8) Open the service door. The red pilot and red signals shall remain on and the stop arm shall remain extended.
9) Close and secure the service door. The red pilot and red signals shall go off and the stop arm shall retract.
10) Open the service door. Alternately flashing signals of either color shall not go on and the stop arm shall not extend.
c) Interior Lighting. A minimum of two interior dome lamps shall be installed to adequately illuminate the entire aisle, the emergency passageway, and the stepwell. At least the nosings of the service entrance steps and the floor around the stepwell shall be illuminated automatically by opening of the service door. No lamp shall be installed at or near the eye level of a pupil moving through the service entranceway to the aisle unless such lamp does not shine directly into the eyes of any such pupil. For buses designed to transport 33 or more passengers, at least two interior illumination lamps shall be installed.
d) Rear Turn Signals. Yellow turn signal lamps shall be mounted on the rear as far apart as practical and as high as practical but below the rear window. The effective projected illuminated area of these turn signal lamps shall be no less than required for the yellow alternately flashing signal lamps required under subsection (b) of this Section; i.e., .0122 m2 (19 in2).
e) Side Turn Signals. Two yellow side turn signal lamps conforming to SAE J914 shall be installed on each bus designed to transport 33 or more passengers. The lamps shall be "armored" and mounted on the body between the rub rails required in Section 442.260. The right lamp shall be within 1 m (39.4") of the rear of the service entrance. The left lamp shall be approximately the same distance from the front bumper as the right lamp.
f) Stop Signals. Red stop lamps shall be mounted on the rear as far apart as practical but closer to the vertical centerline of the bus than the rear turn signal lamps required in subsection (d) of this Section, and at the same height as those turn signal lamps. The effective projected illuminated area of these stop lamps shall be no less than required for the red alternately flashing signal lamps required under subsection (b) of this Section, i.e., .0122 m2 (19 in2).
g) Strobe:
1) One per bus;
2) Shall emit white or bluish-white light;
3) Shall be visible from any direction;
4) Shall flash 60 to 120 times per minute;
5) Shall be visible in normal sunlight;
6) Mounted at or behind center of rooftop and equal distance from each side. Distance from rear will be calculated by measuring height of filament and multiplying same by 30 inches (i.e., filament height measured from the base of the strobe x 30 = distance from rear of bus where lamp is to be located). (Section 12-815 of the Code)
7) If a roof exit, air conditioner, or the size of the bus interferes with the placement of a strobe as required by subsection (g)(6), the strobe can be placed to the rear of the roof exit or air conditioner as near as practicable above the rear axle and horizontally centered between the rear tires.
h) Reflectors.
1) Front:
A) Two yellow rigid or sheet type (tape) front reflex reflectors shall be attached securely and as far forward as practicable. (Section 12-202 of the Code)
B) The front reflectors shall be located between 15 and 60 inches above the roadway at either fender, cowl, or body and installed so as to mark the outer edge of the maximum width of the bus.
C) No part of the required reflecting material may be obscured by a lamp, mirror, bracket, or any other portion of the bus. No part of the required reflecting material may be more than 11.8 inches (300 mm) inboard of the outer edge of the nearest rub rail (12 inches on a bus with chassis manufactured in March 1977 or earlier).
D) The reflector may be any shape (e.g., square, rectangle, circle, oval, etc.). A rigid type reflex reflector may be any size if permanently marked either DOT, SAE A, or SAE J 594; otherwise, it shall display at least seven square inches of reflecting material (about 3 inch diameter if a solid circle).
E) A sheet type (tape) reflex reflector may conform to the surface on which it is installed but its forward projected reflecting area shall be at least eight square inches.
F) Exception: Buses that measure less than 80 inches wide are exempt. (49 CFR 571.108)
2) Left Side:
One amber no more than 12 inches from the front and one red no more than 12 inches from the rear. Mounted at a height not less than 15 inches and not more than 60 inches above the surface of the road. (Section 12-202 of the Code) On buses 20 feet or more in length, one amber as near center as practicable must also be provided. Reflectors must measure a minimum three inches in diameter.
3) Right Side:
One amber no more than 12 inches from the front and one red no more than 12 inches from the rear. Mounted at a height not less than 15 inches and not more than 60 inches above the surface of the road. (Section 12-202 of the Code) On buses 20 feet or more in length, one amber as near center as practicable must also be provided. Reflectors must measure a minimum three inches in diameter.
4) Rear:
A) Two red reflectors on rear body within 12 inches of lower right and lower left corners. (Section 12-202 of the Code) Minimum three inches in diameter.
B) Exception: Buses that measure less than 80 inches wide are exempt. (49 CFR 571.108)
AGENCY NOTE: See Section 442.258 for retroreflective tape requirements.
**History**
- *Source: Amended at 31 Ill. Reg. 8238, effective May 25, 2007*
##### **92 Ill. Adm. Code 442.620** Wiring {#sec-442.620 omnilex-key=us-il-regs-official--title-92--442.620}
a) See the FMVSS for requirements (49 CFR 571).
b) All wiring for lamps and other electrical devices shall be as recommended for automobiles, motor coaches, and heavy duty starting motor circuits in SAE Recommended Practices J1292 and J541a and in other practices or standards referenced in the SAE Recommended Practices, unless specifically preempted by the FMVSS or this Part.
c) Manufacturer's circuit arrangements are acceptable; however, a separate circuit for the alternately flashing signal lamps and stop signal arm lamps shall be installed.
d) Extra fuses for each size of fuse used on the bus may be conveniently mounted on the bus body if specified by the purchaser.
e) A noise suppression switch that is capable of turning off noise producing accessories, including, but not limited to, heater blowers, defroster fans, auxiliary fans and radios, must be present. (See Section 12-815.2 of the Code.)
**History**
- *Source: Amended at 31 Ill. Reg. 8238, effective May 25, 2007*
##### **92 Ill. Adm. Code 442.705** Fire Extinguisher (purchaser's Option) {#sec-442.705 omnilex-key=us-il-regs-official--title-92--442.705}
a) The bus shall be equipped with a dry-chemical gauge-type fire extinguisher, mounted in a bracket of automotive type and located in the driver's compartment in full view of and readily accessible to the driver.
b) The fire extinguisher shall be of a type approved by the Underwriter's Laboratories, Inc., with a rating of not less than 10-BC. The operating mechanism shall be sealed with a type of seal that will not interfere with the use of the fire extinguisher. Halon fire extinguishers rated at 10-BC are approved.
Agency Note: At least one fire extinguisher MUST be carried in each school bus transporting pupils but the purchaser may elect to install his own extinguisher which conforms to this Section after the bus is purchased.
**History**
- *Source: Amended at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.710** First-Aid Kit (purchaser's Option) {#sec-442.710 omnilex-key=us-il-regs-official--title-92--442.710}
a) The bus shall either carry or provide for a first-aid kit, removable and readily identifiable and mounted in full view in an accessible place in the driver's compartment.
b) Contents of Kit: The kit shall not contain a tourniquet or any type of medicine. The kit shall contain at least the items specified below, in at least the specified quantities:
1) Unit Type – Minimum Contents
A)
4" bandage compress..............................................
* 2 packages
B)
2" bandage compress..............................................
* 2 packages
C)
1" adhesive compress.............................................
1 package
D)
40" triangular bandage with two safety pins..........
1 package
Wire or wood splint................................................
1 package
* May be longer or wider
AGENCY NOTE: A first-aid kit must be carried in each school bus transporting pupils but the purchaser may elect to install his own first-aid kit which conforms to this Section.
**History**
- *Source: Amended at 18 Ill. Reg. 14789, effective September 20, 1994*
##### **92 Ill. Adm. Code 442.715** Warning Devices (optional) {#sec-442.715 omnilex-key=us-il-regs-official--title-92--442.715}
AGENCY NOTE: School buses weighing more than 8,000 pounds and operated upon any highway outside an urban district must carry warning devices, but the bus purchaser may elect to install the warning devices after the bus is purchased.
a) The warning devices must be securely stored. The warning devices required for use when lighted lamps are required (see Section 12-201(b) of the Code) shall consist of:
1) At least three liquid-burning flares and three red-burning 15-minute fusees; or
2) Three red electric lanterns; or
3) Three portable red emergency reflectors that meet FMVSS 125.
b) In addition, the following warning devices are also required for use when lighted lamps are not required (see Section 12-201(b) of the Code):
1) Two red cloth flags (not less than 12 inches square with standards to support flags); or
2) Two portable emergency reflectors that meet FMVSS 125. (The reflectors in subsection (a)(3) of this Section qualify for this option.) (See Section 12-702(a) and (c) of the Code.)
**History**
- *Source: Amended at 31 Ill. Reg. 8238, effective May 25, 2007*
##### **92 Ill. Adm. Code 442.APPENDIX** A Hexagon Shaped Stop Signal Arm (repealed) {#sec-442.appendix omnilex-key=us-il-regs-official--title-92--442.APPENDIX}
**History**
- *Source: Repealed at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.APPENDIX** B Federal Motor Vehicle Safety Standards (fmvss) and Related Rules (repealed) {#sec-442.appendix omnilex-key=us-il-regs-official--title-92--442.APPENDIX}
**History**
- *Source: Repealed at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.APPENDIX** C Specification Sheet for Reflective Material -- Encapsulated Lens (based on Fhwa Notice N 5040.17, June 15, 1976) (repealed) {#sec-442.appendix omnilex-key=us-il-regs-official--title-92--442.APPENDIX}
**History**
- *Source: Repealed at 8 Ill. Reg. 15505, effective August 10, 1984*
##### **92 Ill. Adm. Code 442.APPENDIX** D Sheeting and Tape, Reflective: Nonexposed Lens (repealed) {#sec-442.appendix omnilex-key=us-il-regs-official--title-92--442.APPENDIX}
**History**
- *Source: Repealed at 26 Ill. Reg. 3255, effective February 19, 2002*
##### **92 Ill. Adm. Code 442.APPENDIX** E Octagon Shaped Stop Signal Arm {#sec-442.appendix omnilex-key=us-il-regs-official--title-92--442.APPENDIX}
**History**
- *Source: Added at 16 Ill. Reg. 1685, effective January 14, 1992*
#### **Part 443** Inspection Procedures for Type Ii School Buses
##### **92 Ill. Adm. Code 443.10** Purpose and Scope {#sec-443.10 omnilex-key=us-il-regs-official--title-92--443.10}
This Part prescribes the requirements of the Illinois Department of Transportation governing:
a) Implementation of Article VIII, the Illinois Vehicle Equipment Law [625 ILCS 5/Ch. 12, Art. VIII]; and
b) Inspection procedures for Type II school buses.
**History**
- *Source: Amended at 22 Ill. Reg. 15371, effective August 7, 1998*
##### **92 Ill. Adm. Code 443.20** Application {#sec-443.20 omnilex-key=us-il-regs-official--title-92--443.20}
This Part applies to the following persons:
a) Department personnel;
b) Owners of Official Testing Stations;
c) Employees of Official Testing Stations;
d) School bus operation managers; and
e) School bus drivers.
##### **92 Ill. Adm. Code 443.25** Incorporation by Reference of Federal Regulations {#sec-443.25 omnilex-key=us-il-regs-official--title-92--443.25}
Whenever this Part refers to the Code of Federal Regulations and that reference incorporates the federal regulations by reference, the federal regulations incorporated shall be that which was effective as of October 1, 2020, not including any later amendments or editions. Copies of appropriate federal regulations are available for inspection at the Department's Commercial Vehicle Safety Section.
**History**
- *Source: Amended at 45 Ill. Reg. 4936, effective April 5, 2021*
##### **92 Ill. Adm. Code 443.30** Standards of Construction {#sec-443.30 omnilex-key=us-il-regs-official--title-92--443.30}
a) "Shall" and "must" are used in the imperative sense. "Shall" imposes an obligation to act. "Must" defines a condition that is to be satisfied. "May" allows permissiveness under terms specified in the standards. "Will" indicates intention, promise or willingness.
b) Words imparting the masculine gender include the feminine.
c) Changes in the administration of the state school bus inspection program and changes to federal and state law have caused the purchase or manufacture date of school buses to be critical in the application of this Part. The effective dates for some of these standards will vary.
1) Exemptions to some standards are provided for school buses purchased prior to September 1974, the effective date of the Department's "Vehicle Inspection Stations Governing School Buses."
2) Exemptions are provided for Type II school buses manufactured prior to October 1978, the date of the Department's Order "Minimum Safety Standards for Construction of Type II School Buses."
3) Some standards are identified with other effective dates. These standards are applicable to all school buses manufactured or purchased after the identified date or during the time frame specified.
##### **92 Ill. Adm. Code 443.40** Definitions {#sec-443.40 omnilex-key=us-il-regs-official--title-92--443.40}
"Body" – Portion of vehicle that encloses the occupant and cargo spaces and separates those spaces from the chassis frame, engine compartment, driveline, and other chassis components, except certain chassis controls used by the driver.
"Body-on-Chassis" – Completed vehicle consisting of a passenger seating body mounted on a truck type chassis (or other separate chassis) so that the body and chassis are separate entities, although one may reinforce or brace the other.
"Bus" – Every motor vehicle, other than a commuter van, designed for carrying more than ten persons. (Section 1-107 of the Illinois Vehicle Code (the Code)) [625 ILCS 5/1-107]
"Chassis" – Every frame or supportive element of a school bus that contains but is not limited to the axles, engine, drive train, steering components, and suspension which the body is attached to. (Section 1-110.1 of the Code)
"Code" – The Illinois Vehicle Code [625 ILCS 5]
"Commercial Vehicle Safety Section" (CVSS) – A section of the Bureau of Safety Programs of the Division of Traffic Safety of the Illinois Department of Transportation.
"Department" – The Department of Transportation of the State of Illinois, acting directly or through its authorized agents or officers. (Section 13-100 of the Code)
"Empty Weight" – Unloaded vehicle weight; i.e., the weight of a vehicle with maximum capacity of all fluids necessary for operation of the vehicle but without cargo or occupant.
"Federal Motor Vehicle Safety Standards" (FMVSS) – The rules, regulations and standards set forth in 49 CFR 571.
"Gross Vehicle Weight Rating or GVWR" – The value specified by the manufacturer as the loaded weight of the school bus. (Section 12-800 of the Illinois Vehicle Equipment Law)
"Illinois Vehicle Equipment Law" – [625 ILCS 5/Ch. 12]
"Interstate School Bus" – Any school bus not owned by a school district designed to transport 16 or more persons, including the driver, that is used for interstate charter purposes (i.e., travels to another state). The bus must be marked with a federal Interstate Commerce Commission (ICC) number. Interstate school buses require an annual inspection which meets 49 CFR 396 - Appendix G as well as the semi-annual or 10,000 mile inspection required by 625 ILCS 5/13-101.
"Manufacturer" – (unless otherwise indicated at the point of use) means the person or organization whose name follows "MANUFACTURED BY" or "MFD BY" on the federal certification label.
"Passenger" – Every occupant of the vehicle who is not the driver.
"Purchase Date" – Date when purchase transaction was completed, not when body or chassis was built.
"School Bus" –
Type I School Bus – A School Bus with gross vehicle weight rating of more than 10,000 pounds.
Type II School Bus – A School Bus with gross vehicle weight rating of 10,000 pounds or less. (Section 12-800 of the Illinois Vehicle Equipment Law)
Every motor vehicle, except as provided below, owned or operated by or for any of the following entities for the transportation of persons regularly enrolled as students in grade 12 or below in connection with any activity of such entity:
Any public or private primary or secondary school;
Any primary or secondary school operated by a religious institution; or
Any public, private or religious nursery school.
This definition shall not include the following:
A bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interurban transportation of passengers when such bus is not traveling a specific school bus route but is:
On a regularly scheduled route for the transportation of other fare paying passengers;
Furnishing charter service for the transportation of groups on field trips or other special trips or in connection with other special events; or
Being used for shuttle service between attendance centers or other educational facilities.
A motor vehicle of the first division.
A motor vehicle designed for the transportation of not less than 7 nor more than 16 persons that is operated by or for a public or private primary or secondary school, including any primary or secondary school operated by a religious institution, for the purpose of transporting not more than 15 students to and from interscholastic athletic or other interscholastic or school sponsored activities. (Section 1-182 of the Code)
"Seating Reference Point" – The unique design H-point, as defined in SAE J1100, which simulates the position of the pivot center of the human torso and thigh. Each school bus manufacturer utilizes different criteria to determine the specific seating reference point on passenger seats for vehicles they manufacture.
"Vehicle" –
First Division: Those motor vehicles which are designed for the carrying of not more than ten persons.
Second Division: Those vehicles which are designed for carrying more than ten persons, those designed or used for living quarters and those vehicles which are designed for pulling or carrying property, freight or cargo, those motor vehicles of the First Division remodeled for use and used as motor vehicles of the Second Division, and those motor vehicles of the First Division used and registered as school buses. (Section 1-217 of the Code)
**History**
- *Source: Amended at 22 Ill. Reg. 15371, effective August 7, 1998*
##### **92 Ill. Adm. Code 443.50** Inspection Procedures for Covid-19 Related Equipment {#sec-443.50 omnilex-key=us-il-regs-official--title-92--443.50}
Personal protective equipment and COVID-19 related signage may be installed on any vehicle covered by this Part. If installed, the equipment and signage shall be inspected according to this Section.
a) Hand Sanitizer Dispenser
PROCEDURES/SPECIFICATIONS:
Dispenser must be securely installed in the driver/entry area, either behind the handrail or just to the right of the driver on the vertical portion of the dash in a location where hand sanitizer cannot drip or leak onto the entryway or passenger walkway. The dispenser must not be mounted as to cause a catch point to passengers as they enter or exit the bus.
Dispenser must be labeled with the words "sanitizer" or "hand sanitizer".
REJECT VEHICLE IF:
Dispenser is not securely installed in the driver/entry area, either behind the handrail or just to the right of the driver on the vertical portion of the dash.
Dispenser is installed in a location where it drips or leaks onto the entryway or passenger walkway.
Dispenser is mounted in a way to cause a catch point to passengers as they enter or exit the bus.
Required label is missing.
b) Driver Protective Barrier
PROCEDURES/SPECIFICATIONS:
A driver protective barrier panel may be installed directly behind the driver. The panel must be mounted to the wall of the bus as flush as practicable. If installed, the passenger seat directly behind the driver must be rendered inoperative (this can be accomplished by removing the lower seat cushion) to comply with FMVSS 571.222. If the lower seat cushion is removed, all exposed seat frame must be padded in compliance with FMVSS 571.302. The panel shall be constructed of clear material compliant with FMVSS 571.302, such as polycarbonate. The end of the barrier panel exposed to the passenger compartment shall be secured to a padded stanchion extending from the floor to the ceiling. The stanchion shall be attached to the roof bow or a reinforced panel in the ceiling and a solid connection point on the floor. The barrier panel shall be in compliance with FMVSS 571.302 and FMVSS 571.222
REJECT VEHICLE IF:
The barrier is installed in a location other than directly behind the driver or not flush to the wall of the bus. The passenger seat directly behind the driver is operative with a barrier installed or the lower seat cushion has been removed with padding installed that is not in compliance with FMVSS 571.302. Barrier is not constructed, secured, or padded in compliance with FMVSS 571.222 and 571.302.
c) COVID-19 Related Lettering/Signage
PROCEDURES/SPECIFICATIONS:
Lettering/signage that relates to COVID-19 (e.g., assigned seating for students, social distancing, face coverings, guidelines adopted by the bus operator, etc.) may be installed on the interior of the bus. The lettering may be installed on the forward face of seat backs or seat cushions, ceiling, or bulkhead and cannot interfere with other required lettering.
REJECT VEHICLE IF:
Lettering or signage is installed on the exterior of the bus or in a place other than the forward face of seat backs or seat cushions, ceiling, or bulkhead.
Lettering or signage obstructs other required lettering.
**History**
- *Source: Added at 45 Ill. Reg. 4936, effective April 5, 2021*
##### **92 Ill. Adm. Code 443.APPENDIX** A Air Cleaner Through Barrier, Guard {#sec-443.appendix omnilex-key=us-il-regs-official--title-92--443.APPENDIX}
a) AIR CLEANER
PROCEDURE/SPECIFICATIONS:
Any type is acceptable.
REJECT VEHICLE IF:
Air cleaner is not properly attached or is missing.
b) AISLE
PROCEDURES/SPECIFICATIONS:
Unobstructed minimum clearance leading from service door to emergency door or back of bus must be at least 12 inches wide. Floor to ceiling height must be a minimum of 58.9 inches at any location within the aisle.
An aisle may be present adjacent to any side emergency door. For buses manufactured on or after September 1, 1994, the following must be met:
1)
An unobstructed aisle measuring at least 11.7 inches (30 cm) must be maintained at all times, except when a flip-up seat is in the down position.
2)
No portion of the door latch mechanism can be obstructed by a seat.
3)
The 11.7 inch (30 cm) aisle is measured from the door opening to the seat back in front. (49 CFR 571.217)
AGENCY NOTE:
Flip-up seats are allowed. See SEATS, PASSENGER for standards.
REJECT VEHICLE IF:
Aisle does not meet minimum standards.
c) ALTERNATOR
(GENERATOR)
PROCEDURES/SPECIFICATIONS:
The generator, or alternator with rectifier, shall have a minimum capacity rating of 55 amperes and shall be capable of meeting all electrical requirements.
REJECT VEHICLE IF:
Alternator does not meet minimum standards or is not functioning.
d) AXLES
PROCEDURES/SPECIFICATIONS:
Meets federal chassis requirements as indicated on federal certification label. (49 CFR 568) Wheel base shall not be less than 123 inches.
REJECT VEHICLE IF:
Axles show visible signs of apparent damage, leaking fluids or are not firmly attached.
e) BARRIER, GUARD
PROCEDURES/SPECIFICATIONS:
Shall be either the following Type A or B:
TYPE A: Constructed and thickly padded to give head and knee impact protection. Installed at the rear of service entrance at least 23 inches ahead of seat back and no more than one inch from right hand wall, bottom shall be no more than two inches above floor. Guard barrier shall match width and above-floor height of the seat-back on right-front forward-facing seat; provided, however the barrier's width shall be reduced as necessary to maintain a 12 inch wide service entrance way and aisle. Except for a grab handle, the guard barrier shall not extend more than one inch ahead of the rear of service door opening nor more than one inch into the space above any service step. No portion of the barrier shall present a "snagging," sharp, tripping, or other hostile surface to a person moving through aisle or service entrance way.
TYPE B: Stanchion post shall be installed to the rear and left of the service entrance step well from floor to ceiling with guard rail attached approximately 30 inches above the floor. A step well guard panel installed from stanchion to right hand wall and from guard rail to within two inches of floor. Clearance between step well and first seat should be at least 24 inches measured from panel to front face of seat back at cushion height. All stanchion and guard rails shall be padded. Padding on the stanchions shall extend to within three inches of ceiling and floor; on guard rail it sall extend from wall to stanchion. (45 CFR 568)
Exception: All buses manufactured prior to September 1, 1974, require Type A or B. Buses manufactured from September 1, 1974, to March 31, 1977, require Type A.
Exception: Buses manufactured on and after April 1, 1977, are not required to have guard barriers.
Exception: See 92 Ill. Adm. Code 445.APPENDIX B (Inspection Procedures for Type II Special Education School Buses) for other possible exceptions.
REJECT VEHICLE IF:
Barrier is not solidly attached. Padding or covering shows wear and tear. Barrier does not meet requirements.
**History**
- *Source: Amended at 22 Ill. Reg. 15371, effective August 7, 1998*
##### **92 Ill. Adm. Code 443.APPENDIX** B Battery or Batteries Through Bumper, Front {#sec-443.appendix omnilex-key=us-il-regs-official--title-92--443.APPENDIX}
a) BATTERY OR
BATTERIES
PROCEDURE/SPECIFICATIONS:
Battery may be mounted either in engine compartment or on outside of passenger/driver area. Battery shall be a nominal 12-volt type. It shall be of sufficient capacity to supply all electrical requirements but shall be rated not less than either 70-ampere hours at the 20-hour discharge rate of 105-minutes at the 25-ampere discharge rate.
REJECT VEHICLE IF:
Battery or batteries are not securely mounted; excessively corroded; of insufficient capacity.
b) BATTERY CABLES
PROCEDURES/SPECIFICATIONS:
Check condition.
REJECT VEHICLE IF:
Cables are corroded or are not securely attached.
c) BATTERY CARRIER
PROCEDURES/SPECIFICATIONS:
When the battery is mounted outside the engine compartment it shall be welded or bolted in a closed, weather-tight, and vented compartment that is located and arranged so as to provide for convenient routine servicing. The battery compartment door, or cover, shall be secured by a manually operated latch or other fastener. A latch or fastener must be designed in such a fashion as to keep the door closed when in the latched position. Each electrical cable connecting the battery in this carrier to the body or chassis shall be one piece between the terminal connector and the first body or chassis terminal connector.
REJECT VEHICLE IF:
Battery carrier does not meet requirements.
d) BRAKES
PROCEDURES/SPECIFICATIONS:
Every motor vehicle shall be equipped with two separate means of applying the brakes and they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes. (Section 12-301(a) of the Illinois Vehicle Equipment Law)
REJECT VEHICLE IF:
Brakes do not meet requirements.
1) Backing Plate
PROCEDURES/SPECIFICATIONS:
Check condition.
REJECT VEHICLE IF:
Backing plate is in poor condition.
2) Drums/Discs
PROCEDURES/SPECIFICATIONS:
Inspect drums and/or discs for cracks or for being worn or reworked beyond the manufacturer's minimum limits.
REJECT VEHICLE IF:
Worn or reworked beyond the manufacturer's minimum limits.
3) Emergency
/Parking Brake
PROCEDURES/SPECIFICATIONS:
Emergency/parking brake system must apply brakes to at least two wheels. (Section 12-301(a) of the Illinois Vehicle Equipment Law)
AGENCY NOTE:
Micro brakes are not considered a separate means of braking and are not acceptable.
Procedures for testing:
1)
Apply operating control fully.
2)
Check actuating mechanism for release.
Brake Performance Test:
Using Drive-On Pad Type Tester:
1)
Drive vehicle onto brake machine pads at 4-8 m.p.h.
2)
Apply emergency/parking brake to bring vehicle to a halt. Do not lock wheels.
3)
Note the braking forces registered by the brake machine.
Using Roll-On Type Tester:
1)
Position axle with emergency brake onto roller.
2)
Apply emergency brake but do not lock wheels.
REJECT VEHICLE IF:
Emergency/parking brake does not meet requirements.
Procedures for testing:
1)
Not equipped with emergency/parking brakes. Operating mechanism does not hold in the applied positon.
2)
Actuating mechanism does not fully release when release control is operated properly.
Brake Performance Test:
Drive-On Tester:
Machine does not register a total braking force of at least 20% of vehicle empty weight. Braking forces at opposite wheels on same axle vary more than 20%.
Roll-On Tester:
Machine does not register a total braking force of at least 20% of vehicle empty weight. Braking forces at opposite wheels on same axle vary more than 20%.
4) Emergency Brake
Ratchet (Pedal or Level
PROCEDURES/SPECIFICATIONS:
Must be in proper adjustment. If vehicle was manufactured with a warning light, it must be visible when emergency brake is activated.
REJECT VEHICLE IF:
Emergency brake ratchet or warning light do not meet requirements.
5) Pedal Clearance
(Service Brakes)
PROCEDURES/SPECIFICATIONS:
Minimum 1½ inch clearance with pedal fully depressed.
REJECT VEHICLE IF:
Pedal clearance does not meet requirements.
6) Power Systems
A) Air
PROCEDURES/SPECIFICATIONS:
i) Air Pressure
With air system fully charged (compressor governor "cut-out") run engine at low idle. Make one full (maximum) brake application and immediately record reservoir air pressure.
Apply and release brakes until pressure indicated on the air gauge is at least 10 psi (i.e., pounds per square inch) below governor "cut-in" pressure. Run engine at high idle and determine seconds required to raise reservoir pressure from recorded pressure.
REJECT VEHICLE IF:
Time required to raise air pressure from recorded to cut-out is more than 30 seconds. Air gauge is missing or does not operate.
ii) Low Pressure Warning Device
PROCEDURES/SPECIFICATIONS:
Complete the following steps to evaluate low pressure warning device.
1)
Before starting the engine, apply brakes and release until low air pressure warning device functions.
2)
Start the engine.
3)
Apply service brakes and release until air compressor is activated.
4)
Continue to run engine until compressor cut-out pressure is reached.
5)
Record compressor cut-out pressure.
6)
Shut engine off.
Determine if low pressure warning device is missing or inoperative.
If located in the driver's forward field of view, the warning device can be a visual device only. If not located in the driver's front view, the device must be both audible and visible. For buses manufactured before September 1, 1974, the device can be either audible or visible.
Record the reading found on the pressure gauge at which the low pressure warning device functions.
REJECT VEHICLE IF:
Missing or inoperative low pressure warning device. Device does not meet requirements.
Low pressure warning device does not operate at 55 psi or one half cut-out pressure, whichever is less.
B) Electric/
Hydraulic
PROCEDURES/SPECIFICATIONS:
Turn key to "off" position. Depress service brake pedal. Electric hydraulic pump must come "on" (listen).
REJECT VEHICLE IF:
Electric pump does not operate properly or is absent.
C) Hydraulic
PROCEDURES/SPECIFICATIONS:
Inspect booster belt(s), supports, tubes, hoses, connections and general condition. Clean reservoir and cover as necessary and check master cylinder fluid level. Do not contaminate fluid.
Turn key to "on" position. Warning signal must come on (look/listen). Depress brake pedal lightly. Start engine. Pedal must move down slightly (feel). Warning signal must go "off" (look/listen).
REJECT VEHICLE IF:
Belt is slack or worn; tube or hose is damaged; any part leaks or is cracked; master cylinder fluid is below manufacturer's recommended capacity.
Either booster or warning signal does not operate properly.
D) Vacuum/
Hydraulic
PROCEDURES/SPECIFICATIONS:
Inspect tank(s), chambers, hoses, tubes, connectors, clamps, and booster air cleaner.
Inspect supports and attachments.
With engine off, repeatedly apply service brakes until vacuum is depleted, with medium pressure on brake pedal, start engine; release brake and operate engine until maximum vacuum is established; stop engine; apply service brakes hard.
With brakes still applied, start engine; after one minute of running engine, check "Low Vacuum" indicator.
REJECT VEHICLE IF:
Any component is restricted, collapsed, scraped, cracked, loose, or broken. Booster air cleaner is clogged.
Any support or attachment is broken. Any connecting line or other component is not attached or supported so as to prevent damage from scraping or rubbing.
Foot pedal does not fall away from foot when engine is started; insufficient vacuum reserve to permit one full service brake application after engine is off without actuating "low vacuum" indicator; valve or diaphragm leaking.
7) Service Brakes
PROCEDURES/SPECIFICATIONS:
Must be equipped with service brakes on all wheels. (Section 12-301(a)(5) of the Illinois Vehicle Equipment Law)
Must be equipped with a "split system" on service brakes. (49 CFR 571.105)
Power-assisted service brakes are required. (49 CFR 571.105)
REJECT VEHICLE IF:
Service brakes do not meet requirements.
A) Brake
Inspection
Report
PROCEDURSE/SPECIFICATIONS:
Verify Brake Inspection Report for following (refer to Section 443.Illustration C for example of form):
i)
Vehicle Identification Number (VIN), make and year must correspond to the bus presented for inspection.
ii)
Brake Inspection Report must indicate the date and mileage at the time the brake inspection was performed. If date is more than one year prior to time of inspection or mileage has exceeded 10,000 miles, a brake inspection must be performed.
iii)
The form must be completed with all required information. No blank lines are acceptable.
Exception: If the bus has operated less than 10,000 miles and less than 12 months have passed since the bus was manufactured, a Brake Inspection report is not required. Write "Less than 10,000 miles and less than one year old" in the Remarks Section on the Vehicle Inspection Report.
REJECT VEHICLE IF:
Absent, invalid, or incomplete brake inspection report.
B) Brake
Performance
Test
PROCEDURES/SPECIFICATIONS:
Using Drive-On Pad Type Brake Tester:
Check vehicle's stopping ability before testing.
Drive vehicle onto brake machine pads at 4-8 m.p.h.
Apply service brakes to bring vehicle to a halt. Do not lock wheels.
Note the braking forces registered by the brake machine.
Using Roll-On Type Tester:
When using roller-type tester each axle must be tested separately. Transmission must be in neutral when testing brakes on any drive axle.
Drive front axle onto rollers. Start roller motor. Apply service brakes but do not lock wheels.
Repeat the above steps for each axle.
The total braking force on a vehicle must be determined by adding the result of the test on each axle.
REJECT VEHICLE IF:
Drive-On Tester:
Machine does not register a total braking force of at least 60% of the vehicle empty weight.
Computerized tester does not register a total braking force of at least 45% of the vehicle empty weight.
Braking forces at opposite wheels on same axle vary more than 20%.
Roll-On Tester:
Machine does not register a total braking force of at least 60% of the vehicle empty weight.
Braking force at opposite wheels on same axle vary more than 20%.
e) BUMPER, FRONT
PROCEDURES/SPECIFICATIONS:
Manufacturer's standard for vehicle or an equivalent bumper which meets or exceeds manufacturer's standards. Black color is not required.
(See CROSSING CONTROL ARE in SECTOIN 443.APPENDIX C for requirements.)
REJECT VEHICLE IF:
Bumper must be solidly attached, and free from damage or sharp edges.
**History**
- *Source: Amended at 22 Ill. Reg. 15371, effective August 7, 1998*
##### **92 Ill. Adm. Code 443.APPENDIX** C Bumper, Rear Through Drive Shaft Guard {#sec-443.appendix omnilex-key=us-il-regs-official--title-92--443.APPENDIX}
a) BUMPER, REAR
PROCEDURE/SPECIFICATIONS:
Manufacturer's standard for vehicle and so attached or shielded between body and bumper as to prevent hitching rides or tows. Black color is not required.
Exception: A bus manufactured in October 1978 or earlier is exempt from having a non-hitchable bumper.
REJECT VEHICLE IF:
Rear bumper does not meet requirements. Bumper is not solidly attached. Sharp edges are present. Rear bumper is hitchable.
b) CERTIFICATE AND REGISTRATION CARD HOLDER
Not required for Type II School Bus.
c) CERTIFICATION LABEL (FEDERAL)
PROCEDURES/SPECIFICATIONS:
Inspect federal certification label if the chassis (incomplete vehicle) was manufactured after November 10, 1978.
The manufacturer's label must contain the following information:
1)
Name of vehicle (bus) manufacturer and the month and year in which manufacture of the vehicle was completed;
2)
Name of incomplete vehicle (chassis) manufacture and the month and year in which he performed his last manufacturing operation on the incomplete vehicle;
3)
Gross vehicle weight rating, or ratings (GVWR);
4)
Gross axle weight ratings (GAWR);
5)
The statement, "This vehicle conforms to all applicable federal motor vehicle safety standards in effect in (month/year)";
6)
The vehicle identification number (VIN);
7)
The vehicle's classification (usually "BUS"). (49 CRF 567.5)
Alterer's certification: A certified vehicle might have been altered before its purchase for use as a school bus. The alterations may have included, but are not limited to classification changes, gross weight rating changes, or changes to the application/effective date of a federal motor vehicle safety standard. If any such alteration occurred, the bus must carry an additional federal label that identifies the alterer, shows when alteration was completed, "as altered" GVWR, GAWR and classification (if changed). It must also state that the altered vehicle conforms to all applicable federal motor vehicle safety standards in effect in (month/year). (49 CFR 567.7)
REJECT VEHICLE IF:
A required label is absent, defaced, destroyed, not riveted, or not permanently affixed. "Permanently affixed" means the label cannot be removed without destroying or defacing it.
A certification label does not contain the required statement and all other information required for that label.
d) CROSSING CONTROL ARM
PROCEDURES/SPECIFICATIONS:
1)
Required on school buses manufactured after December 31, 1997. [625 ILCS 5/12-807.2] (See P.A. 90-108, effective July 14, 1997.)
2)
Must meet or exceed SAE J1133.
3)
Must be capable of full operation between, and including, the temperatures -40º F and 160º F.
4)
The arm, when activated, must extend a minimum of five feet from the front face of the bumper.
5)
The arm must be mounted on the far right side (entry side) of the front bumper.
6)
Appropriate brackets shall be used to attach the arm to the front bumper for proper operation and storage.
7)
All component parts must meet or exceed any applicable federal motor vehicle safety standards in effect at the time of manufacture.
8)
The arm must extend at the same time the stop arm panel extends. An independent "on/off" switch is prohibited.
9)
If the driver can stop the arm from extending with the use of an optional override switch, the arm sequence must automatically reset once the service door is closed.
10)
Red lights and/or red reflectors are prohibited.
REJECT VEHICLE IF:
If equipped, arm does not meet requirements.
e) DEFROSTERS
PROCEDURES/SPECIFICATIONS:
Defrosting equipment shall keep the windshield and the window to the left of the operator and the glass in the service door clear of fog, frost and snow, using heat from heaters and circulation from fans. Must conform to federal standard 49 CFR 571.103. (Auxiliary fans are not considered to be a defrosting and defogging system.)
REJECT VEHICLE IF:
Defrosting system does not function properly. Auxiliary fans are not securely mounted or blades are not protected.
f) DRIVE SHAFT GUARD
PROCEDURES/SPECIFICATIONS:
Shall be of sufficient strength to protect each segment of the drive shaft and prevent it from going through the floor or dropping to the ground if broken.
REJECT VEHICLE IF:
Drive shaft guard is missing, not firmly attached, or does not properly protect each segment of the drive shaft.
**History**
- *Source: Amended at 22 Ill. Reg. 15371, effective August 7, 1998*
##### **92 Ill. Adm. Code 443.APPENDIX** D Electrical System Through Fenders {#sec-443.appendix omnilex-key=us-il-regs-official--title-92--443.APPENDIX}
a) ELECTRICAL SYSTEM
1) Circuits
PROCEDURE/SPECIFICATIONS:
Circuits arranged to manufacturer's specifications are acceptable. An additional circuit shall be added for the alternate flashing signal lamps and the stop signal lamps. Circuits may be added as necessary.
REJECT VEHICLE IF:
Breaks in insulation are present. Not on proper circuit or properly wired.
2) Fuses
PROCEDURES/SPECIFICATIONS:
Two extra fuses for each size fuse used on the bus shall be conveniently mounted on the bus body.
REJECT VEHICLE IF:
Fuses are not present or are not conveniently mounted.
3) Switches
PROCEDURES/SPECIFICATIONS:
Check operation and condition.
REJECT VEHICLE IF:
Switches not operating properly or are missing.
4) Wiring
PROCEDURES/SPECIFICATIONS:
All wires shall be properly insulated and securely attached at not more than 18.1 inches (460 mm) intervals. Check condition.
REJECT VEHICLE IF:
Insulation is frayed or missing. Wiring not securely attached.
b) EMERGENCY EXITS
PROCEDURES/SPECIFICATIONS:
All buses must be equipped with either a rear emergency door or a left side emergency door and a rear emergency window. (49 CFR 571.217)
Additional emergency exits, including roof hatches, may be required on uses manufactured on or after September 1, 1994. (49 CFR 571.217) (See Section 443.Illustration F)
For buses manufactured on or after May 2, 1994, each opening for a required emergency exit must be outlined around its outside perimeter with a minimum 1 inch (2.54 cm) wide yellow retroreflective tape. This yellow retroreflective tape must be on the exterior surface of the bus. (49 FCR 571.217)
Optional emergency roof hatches are allowed. They must be installed according to manufacturer's specifications.
Open and close roof hatches (required or optional) to verify their operation.
REJECT VEHICLE IF:
Emergency exits do not meet requirements. Roof hatches do not open.
1) Slide
PROCEDURES/SPECIFICATIONS:
Inside release mechanism must be protected against accidental operation and must be easily accessible from the inside. Must be operated only by moving handle as shown by arrow and without use of remote control, power device, key tool, or any attached or unattached object other than the release handle. (49 CFR 571.217)
Shall be hinged on front side and open outward. Shall be equipped with safety glass (or equivalent) located in upper portion of the door. Door shall be of at least the same guage metal as the body. Shall be 24 inches or more clear horizontal opening, with forward edge of opening in line with the rearmost edge of a seat back. Shall have 45 inches or more clear vertical opening. Inside release mechanism must be protected against accidental release; easily accessible; readily operated manually without the use of remote control, power device or tool. Door and rubber seal must not be defective. (See Alarms and Locks in this subsection for requirements.)
For buses manufactured on or after September 1, 1994, there must be at least 11.7 inches (30 cm) measured from the door opening to the seat back in front. (49 CFR 571.217)
REJECT VEHICLE IF:
Inside release mechanism is not protected. Inside and outside release mechanisms are not accessible, or operable; unable to open easily; hinge is located at incorrect location; location and size of opening is incorrect. General condition of door and/or rubber seal is defective.
2) Rear
PROCEDURES/SPECIFICATIONS:
Shall open outward with a 120 degree minimum swing. Upper portion of each door shall contain fixed safety glazing. Shall be equipped with a fastening device which can be quickly released from inside and outside the body. The outside fastening device must be non-hitchable. Door and rubber seal must not be defective. (See Alarms and Locks in this subsection for requirements.)
Inside release mechanism must be protected against accidental operation and must be easily accessible from the inside. Must be operated only by moving handle as shown by arrow and without use of remote control, power device, key, tool, or any attached or unattached object other than the release handle. (49 FCR 571.217)
Exception: On a bus manufactured in August 1974 or earlier, the emergency exit shall be in the center of the rear end, exempt from 120 degree swing and may open either vertically or horizontally.
REJECT VEHICLE IF:
Inside release mechanism is not protected. Inside and outside release mechanisms are not accessible or do not operate properly. Outside release mechanism is hitchable. Door does not open easily. Location of hinge is incorrect. Size of opening is incorrect. Glazing does not meet requirements. General condition of door and/or rubber seal is defective.
3) Windows
PROCEDURES/SPECIFICATIONS:
When the emergency door is located on the left side, a rear emergency window shall be provided. Minimum 16 inches high and 48 inches wide. Designed to be opened from the inside or the outside. Hinged on top, designed and operated to insure against accidental closing in an emergency. Inside handle shall provide for quick release. Outside handle shall be nondetachable and nonhitchable. (See Alarms and Locks in this subsection for requirements.)
REJECT VEHICLE IF:
If equipped, operating mechanisms do not function. Glass is cracked or broken.
4) Alarms and Locks
PROCEDURES/SPECIFICATIONS:
Both audible and visible alarms shall alert the driver when the engine is running and any emergency exit door either:
A)
Is not fully latched; or
B)
Is locked and not readily operated manually.
An audible alarm shall alert the driver when the engine is running and any emergency exit window either:
A)
Is not fully latched; or
B)
Is locked and not readily operated manually.
The engine starting system shall not operate while any emergency exit door or window (optional or required) is locked from either inside or outside the bus. "Locked" means that the release mechanism cannot be activated and the exit opened by a person at the exit without a special device such as a key or special information such as a combination.
An alarm cut-off or "squelch" control is prohibited.
On a van conversion, any rear cargo door inside lock(s) of the type installed by the chassis manufacturer (such as commonly used in cars – "push/pull" type) shall be made inoperable. The mechanism cannot, through jarring, vibration, etc. cause the door to become locked and be inoperable from the inside or outside.
Exception: No alarm is required for roof hatches.
Exception: On a bus with chassis (incomplete vehicle) manufactured in March 1977 or earlier, the engine starting system may operate while the emergency door is locked. The "Not Stop Engine" requirement applies to every bus.
Exception: On a bus manufactured in August 1974 or earlier, the "Not Fully Latched" alarm is optional. The "Door Locked" alarm is required on each bus with a lockable emergency door.
REJECT VEHICLE IF:
Alarms do not alert driver as required. Locks do not meet requirements.
c) ENTRANCE DOOR
1) Physical Requirements
PROCEDURS/SPECIFICATIONS:
Door shall be located to right of operator and operated by an over-center control. Upper portions of door shall be safety glass or equivalent. Vertical closing edges shall be equipped with flexible material for a proper seal and to prevent injury.
Each door on the right side of the vehicle, hinged or sliding, except the service door shall be made permanently inoperable by means other than the rub rail on the outside of the body.
REJECT VEHICLE IF:
Binding or jamming is evident, malfunctions, over-ride device on power operated door does not function, control not accessible by driver.
Door is missing, loose, or damaged. Rubber seal is missing or torn.
2) Locks and Alarms
PROCEDURES/SPECIFICATIONS:
A service door lock is not required but if any type of service door locking system is installed on the bus, the system shall conform to one of the following:
A)
The locking system shall not be capable of preventing the driver from easily and quickly opening the service door from inside the vehicle; or
B)
A locking system that is capable of preventing the bus driver from easily and quickly opening the service door shall include an audiovisual alarm. The alarm shall be audible and visible and must alert the driver when the engine is running and the service door is locked. An alarm disconnect, "squelch control," or other alarm defeating or weakening device shall not be installed; or
C)
A locking system shall not be capable of preventing the bust driver from easily and quickly opening the service door except when a person outside the bus uses a key that is not capable of locking more than one of at least 1000 of the door manufacturer's key locking systems.
REJECT VEHICLE IF:
Locks and alarms do not meet requirements. Bent, worn, or dislocated parts that would delay quick door release and opening are present.
d) EXHAUST SYSTEM
1) General
PROCEDURES/SPECIFICATIONS:
"Exhaust System" includes each component used to conduct gas from an engine exhaust port (manifold) to authorized exit point, including each sealing, connecting, and supporting component. Exhaust system shall be outside body and attached to chassis. Size of tail pipe shall not be reduced after it leaves muffler. Any flexible component that contains exhaust gas shall be of stainless still. System shall not leak. System shall have an outlet at its discharge end(s) only.
REJECT VEHICLE IF:
All parts of system are not securely fastened and supported.
Any part of system is leaking or missing.
Any part of system contains holes not made by manufacturers.
2) Shielding
PROCEDURES/SPECIFICATIONS:
Any flammable material, electrical insulation, brake hose, or fuel system component containing fuel that is located within 113/16 inches (300 mm) of a component containing exhaust gas shall be safeguarded by a heat shield.
Exhaust system shall be shielded from either accidental contact, "hitching to," or "standing on," except at discharge end. A chassis or body component may provide required shield.
REJECT VEHICLE IF:
Shielding is not present (if applicable).
Exception: Fuel system components on diesel powered engines that are located within four inches of a component containing exhaust gas shall be shielded.
3) Discharge
PROCEDURES/SPECIFICATIONS:
The exhaust system's discharge end (tail pipe) shall be within .98 inch (25 mm) of bus side, rear, or rear corner. It must not extend more than one inch past the bumper. Exhaust fumes shall not be directed towards a door or other opening into bus body. In addition, the discharge end, or ends, shall not be located in any prohibited zone shown in Section 443.Illustration B.
REJECT VEHICLE IF:
Exhaust discharges into prohibited zone. (See Illustration B.)
Exhaust system (tail pipe) does not discharge in proper location.
Tail pipe extends more than one inch past the bumper.
Exhaust fumes are released towards a door or other opening into bus body.
e) FENDERS
PROCEDURES/SPECIFICATIONS:
Shall be properly braced and free from any body attachment.
There shall be approximately one inch located between front fenders and back face to cowl.
REJECT VEHICLE IF:
Fenders are not solid or in bad condition.
Sharp edges are evident.
Fenders are loose or protrude out.
**History**
- *Source: Amended at 22 Ill. Reg. 15371, effective August 7, 1998*
##### **92 Ill. Adm. Code 443.APPENDIX** E Filter, Oil Through Frame and Body {#sec-443.appendix omnilex-key=us-il-regs-official--title-92--443.APPENDIX}
a) FILTER, OIL
PROCEDURE/SPECIFICATIONS:
Replaceable element or cartridge type. Minimum one-quart capacity.
REJECT VEHICLE IF:
Oil filter leaks or does not meet requirements.
b) FIRE EXTINGUISHER
PROCEDURES/SPECIFICATIONS:
Pressurized dry-chemical gauge type approved by Underwriters' Laboratories, Inc., rating of not less than 10 B.C. mounted in bracket and readily accessible. Sealed with a type of seal that will not interfere with operation. If stored in locked compartment, compartment must be labeled. Halon fire extinguishers (10 B.C.) are approved.
REJECT VEHICLE IF:
Gauge does not indicate in the calibrated or marked "Full Charge" area. Seal is broken. Extinguisher is not mounted, not in a quick release holder or not labeled in compartment, if applicable. Improper rating. Missing.
c) FIRST AID KIT
PROCEDURES/SPECIFICATIONS:
Kit shall be readily identifiable, removable, and mounted in readily accessible place in driver's compartment – either in full view or in specified secured compartment (see LOCKED COMPARTMENT). If not carried in compartment, the case shall be dust tight and substantially constructed of durable material. The contents shall include, but not be limited to the following:
Unit Type (Minimum Contents)
4" bandage compress – 1 package
2" bandage compress – 1 package
1" bandage or adhesive compress – 1 package
40" triangle bandage with two safety pins – 1
Splint, wire or wood – 1
A tourniquet or any type of ointment, antiseptic, or other medicine shall not be included.
AGENCY NOTE:
OHSA approved blood-borne pathogen kits are permitted.
REJECT VEHICLE IF:
Kit is complete. Dust or other visible dirt is present inside case. Minimum number of individual packages are not sealed. Medicine or tourniquet is present. Locked compartment containing kit is not labeled. Not mounted in readily accessible location. Missing.
d) FLOORS AND FLOOR COVERING
PROCEDURES/SPECIFICATIONS:
A plywood of 5/8 inch exterior BB grade or equivalent material shall be applied over the existing steel floor and securely fastened. Covering in underseat area shall be of fire resistant floor covering of type commonly used in passenger transportation equipment and shall have a minimum thickness of .125 inch. The floor covering in the aisle shall be nonskid, wear resistant, and fire resistant type. The aisle floor covering shall have a minimum thickness of .140 inch.
All floor coverings and metal floor stripping must be permanently bonded to the floor and must not crack when subjected to sudden changes in temperature. Bonding or adhesive material shall be waterproof. All seams must be sealed with waterproof sealer. All openings in floorboard or fire wall between chassis and passenger carrying compartment must be solid and sealed.
Boots and seals around shift levers, emergency brakes and interior engine covers must be secure and solidly attached.
REJECT VEHICLE IF:
Abnormal wear and obstructions are present. Holes or openings are present in floors, floor covering, interior engine cover, or boots. Metal floor stripping is not securely attached or broken. Interior engine cover is not fastened securely. Floor or floor covering does not meet requirements.
e) FRAME AND BODY
PROCEDURES/SPECIFICATIONS:
Visually inspect:
1)
Body mounts shall be attached and sealed to the chassis cowl so as to prevent the entry of water, dust or fumes through the joint between the chassis cowl and the body.
2)
Cross members and mounting bolts.
3)
Engine mounting bolts.
4)
Frame shall extend to rear of body cross member.
5)
Frame extension is permitted when alterations are behind rear hanger or rear springs and not for the purpose of extending wheel base.
6)
Collision damage which is detrimental to the safe operation of the vehicle.
REJECT VEHICLE IF:
1)
Cracked, loose, missing bolts. Any repair done by welding body to frame, insulation strip missing.
2)
Loose, cracked, broken or missing.
3)
Missing, loose.
4)
Cracked, broken, bent, rusted to a depth as to substantially weaken frame – welding except by body manufacturer.
5)
Unless permitted, frame extends past wheel base.
6)
Collision damage which is detrimental to the safe operation of the vehicle.
**History**
- *Source: Amended at 22 Ill. Reg. 15371, effective August 7, 1998*
##### **92 Ill. Adm. Code 443.APPENDIX** F Fuel Storage and Delivery System Through Horn {#sec-443.appendix omnilex-key=us-il-regs-official--title-92--443.APPENDIX}
a) FUEL STORAGE AND DELIVERY SYSTEM
PROCEDURE/SPECIFICATIONS:
Entire fuel system, except extensions for driver control of air or fuel, must be outside passenger and driver compartment.
REJECT VEHICLE IF:
Any part of fuel system, except extensions for driver control of air or fuel, is within passenger/driver compartment.
1) Fuel Filler Cap
PROCEDURE/SPECIFICATIONS:
Meets manufacturer's specifications. Must be same as or equivalent to original equipment.
REJECT VEHICLE IF:
Fuel filler cap is defective or missing.
2) Fuel Lines
PROCEDURES/SPECIFICATIONS:
Firmly attached. No leakage, seepage, abrasion, or chafing. Must be 1113/16 inches (300 mm) from any part of exhaust system that contains exhaust gas or be safeguarded by a heat shield. Inside engine compartment, the chassis manufacturer's standard shall govern separation and shielding between parts designed by chassis manufacturer.
Exception: Fuel system components on diesel powered engines that are located within four inches of a component containing exhaust gas shall be shielded.
REJECT VEHICLE IF:
Fuel lines are cracked, leak, insecure mounting, damaged, clamps missing, mount clips missing or not separated or not shielded properly (if applicable).
3) Fuel Filler Tube
PROCEDURES/SPECIFICATIONS:
Check condition.
REJECT VEHICLE IF:
Fuel filler tube leaks or is not secure.
4) Fuel Pump
PROCEDURES/SPECIFICATIONS:
Check condition.
REJECT VEHICLE IF:
Fuel pump leaks, is damaged or is not secure.
5) Fuel Tank(s)
PROCEDURES/SPECIFICATIONS:
Minimum capacity of 24 gallons, mounted, filled, and vented entirely outside body. Must meet manufacturer's specifications. (49 FCR 571.301)
REJECT VEHICLE IF:
Fuel tank(s) have leakage, seepage, or abrasion; hole or crack that would leak or seep when tank is full.
6) Fuel tank mount(s)
PROCEDURES/SPECIFICATIONS:
Check condition.
REJECT VEHICLE IF:
Fuel tank mount(s) are cracked, loose, or bolts are missing.
7) Fuel tank straps
PROCEDURES/SPECIFICATIONS:
Check condition.
REJECT VEHICLE IF:
Fuel tank straps are cracked, loose, or missing.
8) Alternate Fuel Systems (LPG or CNG)
PROCEDURES/SPECIFICATIONS:
An alternate fuel system which is no longer in use must be completely removed from the bus.
A) Carburetion Equipment
A fuel filter is required on alternate fuel systems.
B) Container Installation
i)
Compressed or liquefied gas containers shall not be mounted in the passenger or driver's compartment.
ii)
Container valves, appurtenances and connections shall be mounted in an enclosed compartment.
iii)
Containers shall be located at least 36 inches from the entrance door and any emergency exit. Due to the smaller size of Type II school buses, space limitations may sometimes make it impossible to locate a fuel tank further than 36 inches from a exit. A Type II school bus has a gross vehicle weight rating of 10,000 pounds or less [625 ILCS 5/12-800] as defined in Section 12-800 of the Illinois Vehicle Equipment Law. If the original fuel tank for a Type II bus was located within 36 inches from any exit, the alternate fuel container may be located in the same location as the original tank.
C) Identification
The fuel identification decal (see Section 443.Illustration D) shall be displayed near the rear bumper and visible from the rear of the vehicle. The decal shall not be placed on any black portion of the bus body.
D) Pipe and Hose Installation
i)
No fuel supply line shall pass through the driver or passenger's compartment.
ii)
The pressure relief device shall be fabricated so that in the event of stress, the pipe or adapter will break away without impairing the function of the relief valve.
iii)
If installed, the adapter connecting the piping system to the pressure relief device shall neither touch nor restrict an movable part of the pressure relief valve.
iv)
The relief valve discharge piping system (piping system) must not be reduced at any point from the relief valve to the point of release into the atmosphere.
v)
The piping system shall be routed to minimize sharp elbows or bends. Installation of any commercially available piping installed to meet the manufacturer's specifications is acceptable. Any fittings that restrict the flow of discharge are prohibited. From the pressure relief device adapter to the atmosphere, the minimum inside diameter of the piping must measure at least ¾ of an inch.
vi)
The piping system shall neither block nor hamper the operation of any window or door. The piping system shall preserve widths of passageways, aisles and emergency exits.
vii)
Every portion of the piping system shall be gas tight (except the outlet) and shall be able to withstand forces from the discharge when the relief valve is in full open position. If for any reason the discharge outlet becomes blocked, the piping system must be capable of holding the full system pressure.
viii)
To facilitate the removal of accumulated waste, a drain cock shall be installed at the lowest point of the piping system. The drain must be capable of being held open manually and close automatically to prevent expelling LPG if discharged through the relief valve. A weep hole, or other opening that may result in discharged LPG flaming beneath the bus is prohibited.
ix)
The portion of the piping system that leads upward to the atmosphere shall be installed either inside the passenger compartment, on the outside of the bus, or in the body wall between the inner and outer "skins" of the bus body.
x)
Piping on the outside of the body shall be shielded below the window line to prevent "grabbing hold" or "hitching to". However, discharge piping that is located between the windshield and the vent window at the left front corner of the body need not be shielded.
xi)
Any portion of the piping system that is installed either inside the passenger compartment or inside the body wall shall consist of one piece originating below the bus floor and exiting outside the bus roof. Every hole where piping passes through the floor or roof shall be sealed.
xii)
The piping system must terminate above the eave lines of the bus body.
xiii)
The outlet of the piping system shall be located at least 36 inches from the air inlet or outlet of a ventilator or similar device installed on or near the roof. A "similar device" includes the fresh air intake of a heating, ventilating or air conditioning system. It does not include a side window that opens near the roof.
xiv)
A rain cap is required where the piping system exits into the atmosphere to minimize water or dirt from entering into either the relief valve or its discharge piping. Installation of any commercially available rain cap installed to meet the manufacturer's specifications is acceptable. The cap shall remain in place except when the relief valve operates. The cap shall be installed to minimize the entrance or water or dirt while the vehicle is in motion.
xv)
The discharge piping system on a special education school bus shall conform to all provisions of this Part.
REJECT VEHICLE IF:
Propane relief valve/piping system is not properly installed. Alternate fuel system does not meet requirements listed above.
b) GRAB HANDLES
1) Exterior
Not required.
2) Interior
PROCEDURES/SPECIFICATIONS:
Shall be of stainless clad steel, installed inside doorway, solidly attached on left side, and as long as practicable.
As instructed by an officer of the Department, draw a ½ inch hexagon nut attached to a string through the junction where the grab handle attaches to the lower stepwell.
REJECT VEHICLE IF:
Missing or not solidly attached.
Nut becomes lodged on grab handle. (Retrofit kit is required.)
c) HEATERS
PROCEDURES/SPECIFICATIONS:
Must be capable of maintaining inside temperature of 50 degrees. The heater hoses shall be supported to guard against excessive wear due to vibration and shall not interfere with or restrict the operation of any engine function. Any hose in the passenger compartment shall be protected to prevent injury from burns in the event of rupture. Primary heater shall be a high output fresh air type. Heater must be padded if not protected by seat.
The secondary heater may be a recirculating type and located so as not to interfere with aisle space.
REJECT VEHICLE IF:
Heater is missing; in poor working condition; defective hoses, supports or baffles; not firmly attached or padded when required.
d) HOOD
PROCEDURES/SPECIFICATIONS:
Open hood and inspect safety catch and hinges for proper operation. Close hood and inspect for proper full closure. Manually inspect latches or remote control for proper operation.
REJECT VEHICLE IF:
Hood does not open or hood latches do not securely hold hood in its proper fully-closed position. Secondary or safety catch does not function properly. Hinge is broken, missing, or not attached to body.
e) HORN
PROCEDURES/SPECIFICATIONS:
Dual electric horns shall be provided giving an audible warning at a distance of 200 feet and shall be conveniently controlled from the operator's seated position. (Section 12-601 of the Illinois Vehicle Equipment Law)
REJECT VEHICLE IF:
Horn control is missing, defective or not audible.
**History**
- *Source: Amended at 22 Ill. Reg. 15371, effective August 7, 1998*
##### **92 Ill. Adm. Code 443.APPENDIX** G Instruments and Instrument Panel Through Locked Compartment {#sec-443.appendix omnilex-key=us-il-regs-official--title-92--443.APPENDIX}
a) INSTRUMENTS AND INSTRUMENT PANEL
PROCEDURES/SPECIFICATIONS:
Shall be equipped with the following nonglare illuminated instruments and gauges mounted for easy maintenance and repair and in such a manner that each is clearly visible to the seated driver. An indicator light instead of a pressure or temperature gauge is permissible. (49 CFR 571.101)
1)
Speedometer;
2)
Odometer;
3)
Fuel Gauge;
4)
Oil Pressure Gauge;
5)
Water Temperature Gauge;
6)
Ammeter (voltmeter) with graduated charge and discharge indications;
7)
High beam headlight indicator;
8)
Directional signal indicator;
9)
Air pressure or vacuum gauge (when air or vacuum brakes are used);
10)
Eight light flasher indicator;
11)
Emergency/Service Brake Indicator.
REJECT VEHICLE IF:
Instrument and/or instrument panel does not operate properly; instruments are missing; inaccurate readings.
b) INSULATION
PROCEDURES/SPECIFICATIONS:
The ceiling and sidewalls shall be thermally insulated with a fire-resistant material which shall reduce the noise level and vibrations.
REJECT VEHICLE IF:
Insulation does not meet requirements.
c) LETTERING
1) Exterior
PROCEDURES/SPECIFICATIONS:
The body and chassis manufacturer's name, emblem, or other identification may be displayed (colorless or any color) on any unglazed surface of the bus.
AGENCY NOTE: School buses with interstate authority may display the company's name, city and state of its base and the interstate "MC" number. This lettering must be black in color.
REJECT VEHICLE IF:
Exterior lettering does not meet requirements. Lettering or decals are not distinct, required or allowed. Lettering is obstructed.
A) Front
PROCEDURES/SPECIFICATIONS:
"SCHOOL BUS" in black at least eight inches (200 mm) high placed as high as possible on body or sign attached thereto. Vehicle number assigned for identification shall be a minimum of four inches (100 mm) high and located as high as practicable. Decals are permissible. All lettering must be black. (Section 12-802 of the Illinois Vehicle Equipment Law)
Exception: All buses purchased prior to September 1974, may have roof mounted "SCHOOL BUS" sign with flashing red lights.
REJECT VEHICLE IF:
Lettering does not meet requirements. Lettering is not distinct, required or allowed. Lettering is obstructed.
B) Left
PROCEDURES/SPECIFICATIONS:
Either the owner's name or the school district number or both must be at least four inches high, approximately centered and as high as practicable below window line. (Section 12-802 of the Illinois Vehicle Equipment Law). The above required lettering must be located on one line.
If bus is equipped with a side emergency door, it must be labeled "EMERGENCY EXIT" in letters at least two inches high at the top of the emergency door, or directly above, or on the door glazing.
Optional: Vehicle number assigned for identification may be displayed at a minimum height of four inches (100 mm).
Decals are permissible. All lettering must be black.
For buses manufactured on or after May 2, 1994, "EMERGENCY DOOR" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, any emergency exit door. For any emergency window exit, "EMERGENCY EXIT" must be located at the top of, or directly above, or at the bottom of the emergency window exit in letters at least 1.95 inches (5 cm) high. The labeling must be of a color that contrasts with its background. (49 CFR 571.217)
REJECT VEHICLE IF:
Lettering does not meet requirements. Lettering is not distinct, required, or allowed. Lettering is obstructed.
C) Rear
PROCEDURES/SPECIFICATIONS:
"SCHOOL BUS" in black lettering at least eight inches (200 mm) high placed as high as possible on body or sign attached thereto. (Section 12-802 of the Illinois Vehicle Equipment Law) "EMERGENCY DOOR" or "EMERGENCY EXIT" in lettering at least two inches high at top of emergency door, or directly above, or on door glazing.
"EMERGENCY EXIT" (for buses without rear emergency door) in letters at least two inches high directly below rear emergency window, or on exit glazing. An arrow, at least 5.9 inches in length and ¾ inch in width indicating direction each release mechanism should be turned to open door or window located within 5.9 inches of release handle, in black. Vehicle number assigned for identification shall be a minimum 4 inches (100 mm) high. Decals are permissible. All lettering must be black.
If bus uses alternate fuel (e.g., propane, CNG), vehicle must be marked with identifying decal. Such decal shall be diamond shaped with white or silver scotchlite letters one inch in height and a stroke of the brush at least ¼ inch wide on a black background with a white or silver scotchlite border bearing either the words or letters:
"PROPANE" = If propelled by liquefied petroleum gas other than liquefied natural gas; or
"CNG" = If propelled by compressed natural gas. The sign or decal shall be maintained in good legible condition.
The alternate fuel decal shall be displayed near the rear bumper and visible from the rear of vehicle. (See Section 440.Appendix F(a)(8) and Section 443.Illustration D) (Section 12-704.3 of the Illinois Vehicle Equipment Law)
Exception: In case of "push" or "pull" type of release mechanism where the direction of movement to open emergency exit cannot be shown by one arrow, either three or four straight arrows shall be placed equally spaced as practicable around the object to be pushed or pulled, with the head of each arrow adjacent to and pointing directly at that object. Each arrow shall be the same color and, when practicable, the same size as though it were a single arrow. In addition, the pertinent word "PUSH" or "PULL" shall be displayed near that object.
AGENCY NOTE:
If adequate space is not available in required positions for emergency door lettering, lettering may be immediately below window level.
For buses manufactured on or after May 2, 1994, "EMERGENCY DOOR" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, any emergency exit door. For any emergency window exit, "EMERGENCY EXIT" must be located at the top of, or directly above, or at the bottom of the emergency window exit in letters at least 1.95 inches (5 cm) high. The labeling must be of a color that contrasts with its background. (49 CFR 571.217)
REJECT VEHICLE IF:
Lettering does not meet requirements. Lettering or arrows are not distinct, required, or allowed. Lettering is obstructed.
Buses using alternate fuels are not properly marked with decal. Decal is in wrong location.
D) Right
PROCEDURES/SPECIFICATIONS:
Either the owner's name or the school district number or both must be at least four inches high, approximately centered and as high as practicable below the window line. (Section 12-802 of the Illinois Vehicle Equipment Law) The above required lettering must be located on one line.
The following lettering must be at least two inches high:
i)
The word "CAPACITY," or the abbreviation "CAP.," and the rated passenger capacity followed by the word "PASSENGERS," or the abbreviation "PASS.," shall be displayed on the outside of the body near the rear edge of the service entrance.
ii)
Empty weight in pounds shall be shown on bus. (Section 12-802 of the Illinois Vehicle Equipment Law)
Manufacturer's identification name, emblem, or number(s) may be displayed but not on service door glazing. Manufacturer's name, emblem, etc. must not interfere with required lettering. Decals are permissible. All lettering must be black.
For buses manufactured on or after May 2, 1994, "EMERGENCY DOOR" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, any emergency exit door. For any emergency window exit "EMERGENCY EXIT" must be located at the top of, or directly above, or at the bottom of the emergency window exit in letters at least 1.95 inches (5 cm) high. The labeling must be of a color that contrasts with its background. (49 CFR 571.217)
REJECT VEHICLE IF:
Lettering does not meet requirements. Lettering or decals are not distinct, required, or allowed. Lettering is obstructed.
2) Interior
A) Front
PROCEDURES/SPECIFICATIONS:
Each letter or numeral must be at least two inches (50 mm) high and contrasting sharply with its background. A colorless background strip (such as white, aluminum or silver) may be used. Decals are permitted.
On right side: Either "CAPACITY" or "CAP." plus numerals showing rated passenger capacity, followed by either "PASSENGER" or "PASS."
As nearly as practicable opposite the center of aisle, but to right of inside mirror, either "NO STANDEES" or "NO STANDEES PERMITTED."
The vehicle's length (rounded up to the nearest whole foot) shall be displayed on the bulkhead clearly within the driver's view. (For example: vehicle length of 39.1 feet will be displayed as 40 feet.)
A red cross formed of five equal squares with words "FIRST-AID KIT" shall be displayed on the compartment door, or cover, if the first-aid kit is to be carried in the locked compartment.
The words "FIRE EXTINGUISHER" shall be displayed on the compartment door, or cover, if the fire extinguisher is to be carried in the locked compartment.
Exception: On a bus with chassis (incomplete vehicle) manufactured in March 1977 or earlier, "NO STANDEES" need not be opposite center of aisle and the word "PASSENGERS," or "PASS.," is optional.
REJECT VEHICLE IF:
Lettering does not meet requirements. Lettering is not black, distinct, required or allowed.
After January 1, 1999, vehicle length is not displayed properly or is absent.
B) Left
PROCEDURES/SPECIFICATIONS:
A "Stop Line" in contrasting color is required between 5.9 and 6.1 inches below the top of the window opening. The line shall be located between each window that slides downward.
If bus is equipped with a side emergency door it is to be labeled "EMERGENCY EXIT" in letters at least two inches high directly above the door.
If bus is equipped with side emergency windows, they are to be labeled "EMERGENCY EXIT" in letters at least two inches high directly below the window.
An arrow indicating the direction in which to move release mechanism handle(s) to open emergency exit and operating instructions shall be painted or permanently affixed within six inches of each release handle.
For buses manufactured on or after May 2, 1994, "EMERGENCY DOOR" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, any emergency exit door. For any emergency window exit, "EMERGENCY EXIT" must be located at the top of, or directly above, or at the bottom of the emergency window exit in letters at least 1.95 inches (5 cm) high. The labeling must be of a color that contrasts with its background. Concise operating instructions describing the motions necessary to unlatch and open the door must be located within 5.85 inches (15 cm) of the release mechanism on the inside surface of the bus. These operating instructions shall be in letters at least .39 inches (1 cm) high and of a color that contrasts with its background. (49 CFR 571.217)
REJECT VEHICLE IF:
Lettering does not meet requirements. Line or line and lettering is not distinct, required, or allowed.
C) Rear
PROCEDURES/SPECIFICATIONS:
"EMERGENCY DOOR" in letters at least two inches high directly over emergency door exit. "Emergency door operating instructions" applied to door. Arrow or arrows required unless "push or pull" type of release mechanism is used.
In the case of a "push" or "pull" type of release mechanism where the direction of movement to open the emergency exit cannot be shown by one arrow, either three or four straight arrows shall be placed as equally spaced as practicable around the object to be pushed or pulled, with the head of each arrow adjacent to and pointing directly at that object. Each arrow shall be the same color and, when practicable, the same size as though it were a single arrow. In addition, the pertinent word "PUSH" or "PULL" shall be displayed near that object.
For buses manufactured on or after May 2, 1994, "EMERGENCY DOOR" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, any emergency exit door. For any emergency window exit, "EMERGENCY EXIT" must be located at the top of, or directly above, or at the bottom of the emergency window exit in letters at least 1.95 inches (5 cm) high. The labeling must be of a color that contrasts with its background. Concise operating instructions describing the motions necessary to unlatch and open the door must be located within 5.85 inches (15 cm) of the release mechanism on the inside surface of the bus. These operating instructions shall be in letters at least .39 inches (1 cm) high and of a color that contrasts with its background. (49 CFR 571.217)
REJECT VEHICLE IF:
Lettering does not meet requirements. Lettering is not distinct, required, or allowed.
D) Right
PROCEDURES/SPECIFICATIONS:
A "Stop Line" in contrasting color is required between 5.9 and 6.1 inches below the top of the window opening. The line shall be located between each window that slides downward. Decals are permitted.
"EMERGENCY EXIT" shall be on or immediately below emergency window (if installed).
Instructions for emergency operation of a power operated door shall be affixed permanently on the inside of the door in letters at least .5 inch high. Decals are permitted.
Optional route identification markers (numbers or symbols) are allowed. They must be located in the first window directly behind the service entrance door. If route identification markers are installed in permanent holder or bracket, the holder or bracket must have rounded edges or be padded.
For buses manufactured on or after May 2, 1994, "EMERGENCY DOOR" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, any side emergency door. For any emergency window exit "EMERGENCY EXIT" in letters at least 1.95 inches (5 cm) high must be located at the top of, or directly above, or at the bottom of the emergency window exit. The labeling must be of a color that contrasts with its background. Concise operating instructions describing the motions necessary to unlatch and open the exit must be located within 5.85 inches (15 cm) of the release mechanism on the inside surface of the bus. These instructions shall be in letters at least .39 inches (1 cm) high and of a color that contrasts with its background. (49 CFR 571.217)
REJECT VEHICLE IF:
Lettering does not meet requirements. Line or line and lettering is not distinct, required, or allowed. Lettering is obstructed.
E) Ceiling
PROCEDURES/SPECIFICATIONS:
For buses manufactured on or after May 2, 1994, any roof exit must be labeled "EMERGENCY EXIT" in letters at least 1.95 inches (5 cm) high, of a color that contrasts with its background. The labeling must be located on an inside surface of the exit, or within 11.7 inches (30 cm) of the roof exit opening. Concise operating instructions describing the motions necessary to unlatch and open the emergency exit shall be located within 5.85 inches (15 cm) of the release mechanism. These instructions shall be in letters at least .39 inches (1 cm) high and of a color that contrasts with its background. (49 CFR 571.217)
REJECT VEHICLE IF:
Lettering does not meet requirements.
d) LIGHTS
1) Back Up
PROCEDURES/SPECIFICATIONS:
Two white lights shall be provided. Must meet federal standards. (49 CFR 571.108)
Exception: All buses purchased prior to September 1974 are exempt; however, for any unit equipped with back up lamps, they must be operational.
REJECT VEHICLE IF:
Back up lights do not function; illegal color; broken lens.
2) Clearance, Front
PROCEDURES/SPECIFICATIONS:
Two clearance lights (amber) at highest and widest portions of the body. Must conform to federal standards. (49 CFR 571.108) May be combined with side marker lamp
Exception: Buses less than 80 inches wide or 25 feet long are exempt. (Section 12-202(a) of the Illinois Vehicle Equipment Law)
REJECT VEHICLE IF:
Front clearance lights do not function; improper color; broken lens.
3) Clearance, Rear
PROCEDURES/SPECIFICATIONS:
Two clearance lights (red) mounted at highest and widest parts of body. Must conform to federal standards. (49 CFR 571.108)
Exception: Buses less than 80 inches wide are exempt. (49 CFR 571.108)
REJECT VEHICLE IF:
Rear clearance lights do not function; improper color; broken lens.
4) Identification, Front
PROCEDURES/SPECIFICATIONS:
Three amber lights mounted at center front near top of body above "SCHOOL BUS" sign. Must conform to federal standards. (49 CFR 571.108)
Exception: Buses less than 80 inches wide are exempt. (49 CFR 571.108)
REJECT VEHICLE IF:
Front cluster lights do not function properly; improper color; broken lens.
5) Identification, Rear
PROCEDURES/SPECIFICATIONS:
Three red lights mounted at center rear near top of body either above or below "SCHOOL BUS" sign. Must conform to federal standards. (49 CFR 571.108)
Exception: Buses less than 80 inches wide or 25 feet long are exempt. (Section 12-202(a) of the Illinois Vehicle Equipment Law)
REJECT VEHICLE IF:
Rear cluster lights do not function properly; improper color; broken lens.
6) Flashing Lights
PROCEDURES/SPECIFICATIONS:
All school buses shall be equipped with an eight light flashing signal system with two red and two amber flashing signal lamps mounted above windshield spaced no less than three feet apart and at same horizontal level. The rear of the vehicle shall be equipped with two red and two amber flashing signal lamps mounted and spaced no less than three feet apart and at same horizontal level. Minimum diameter 5½ inches sealed beam. (Section 12-805 of the Illinois Vehicle Equipment Law)
The red lights shall be located on the outside perimeters of the bus and the yellow lights must be located between the red lights towards the center.
A separate circuit breaker and a master switch shall be provided for this signal system. When in its "off" position this master switch shall prevent the following:
A)
Operation of the 8 lamp system;
B)
Operation of any lamps mounted on the stop signal arm; and
C)
Operation of any electrically controlled mechanism that would cause the stop signal arm to extend.
The controls for the eight lamp flashing signals, the stop signal arm and the service entrance door shall be arranged so as to provide for the following sequence of operations while the engine is running.
A)
Place the alternately flashing signal system master switch in its "off" position. Close and secure the service entrance door. Actuate the alternately flashing signal system hand or foot control. The alternately flashing signal lamps of either yellow (amber) or red color shall not go on.
B)
With the master switch "off" and the hand or foot control actuated, open the service door. The alternately flashing signals of either color shall not go on and the stop signal arm shall not extend.
C)
Deactivate the hand or foot control. Place the alternately flashing signal system master switch in its "on" position. Close and secure the service door. Open the service door. The alternately flashing signal lamps of either color shall not go on and stop signal arm shall not extend.
D)
Close and secure the service door. Actuate the alternately flashing signal system by hand or foot control. A yellow pilot lamp in the view of the driver and the yellow alternately flashing signals shall go on.
E)
Desecure but do not open the service door. The yellow pilot and the yellow alternately flashing signals shall go off. A red pilot lamp in the view of the driver and the red alternately flashing signals shall go on. The stop signal arm shall extend.
F)
Fully open the service door. The red pilot and red signals shall remain on and the stop arm shall remain extended.
G)
Close but do not secure the service door. The red pilot and red signals shall remain on and the stop arm shall remain extended.
H)
Open the service door. The red pilot and red signals shall remain on and the stop arm remain extended.
I)
Close and secure the service door. The red pilot and red signals shall go off and the stop arm shall retract.
J)
Open the service door. Alternately flashing signals of either color shall not go on and the stop arm shall not extend.
REJECT VEHICLE IF:
Flashing lights do not function properly; broken lens or improper lens color. Pilot lights do not function.
7) Headlights
PROCEDURES/SPECIFICATIONS:
Shall have at least two headlamps with at least one mouted on each side of the front of the bus. Lamp body must be securely attached. Lenses, reflectors, bulbs, etc., must be in good condition, properly aimed and fill required intensity. Check for bulb burnout. Verify high and low beans are functioning. Shall conform to federal standards. (49 CFR 571.108)
REJECT VEHICLE IF:
Headlights do not meet requirements. High bean/low beam do not function.
8) Interior
PROCEDURES/SPECIFICATIONS:
Adequate to illuminate aisles, step well, and emergency passageways.
REJECT VEHICLE IF:
Interior lights do not provide adequate lighting; cracked or broken lenses; improper color.
9) License Plate
PROCEDURES/SPECIFICATIONS:
Adequate white light to illuminate license plate. (49 CFR 571.108) May be combined with one of the tail lights.
REJECT VEHICLE IF:
License plate light does not provide adequate lighting; cracked or broken lenses; improper color.
10) Parking Lights
PROCEDURES/SPECIFICATIONS:
Shall be one lamp on each side; white or amber color. (49 CFR 571.108)
All buses 80 or more inches in overall width which are equipped with side marker lamps, clearance lamps, and intermediate side marker lamps are exempt from having parking lights. However, if vehicle is equipped with parking lights, they must be operational. (49 CFR 571.108)
REJECT VEHICLE IF:
Parking lights do not meet requirements; improper color; cracked or broken lenses.
11) Sidemarker, Left
PROCEDURES/SPECIFICATIONS:
Two lamps: one amber at front and one red at rear, ounted as high as practicable. Shall conform to federal standards. (49 CFR 571.108)
Exception: A bus manufactured in August 1974 or earlier is exempt.
REJECT VEHICLE IF:
Left marker lights do not meet requirements; do not function properly; improper color; cracked or broken lenses.
12) Sidemarker, Right
PROCEDURES/SPECIFICATIONS:
Two lamps: one amber at front and one red at rear, mounted as high as practicable. Shall conform to federal standards. (49 CFR 571.108)
Exception: A bus manufactured in August 1974 or earlier is exempt.
REJECT VEHICLE IF:
Right marker lights do not meet requirements; improper color; cracked or broken lenses.
13) Step Well
PROCEDURES/SPECIFICATIONS:
At least the nosings of the service entrance steps and the floor around the stepwell shall be automatically illuminated with white light when the ignition is on and the service door is open.
No lamp shall be installed so as to shine directly into the eyes of a pupil moving through the service entrance and looking at the service steps.
Exception: On a bus with chassis (incomplete vehicle) manufactured in March 1977 or earlier, a stepwell light that does not illuminate all the step nosings or does not illuminate the floor around the service entranceway may be used.
REJECT VEHICLE IF:
Step well light does not meet requirements; improper color; cracked or broken lenses.
14) Stop
PROCEDURES/SPECIFICATIONS:
Two red lights mounted at same height and as high as practicable below window line. Seven inch minimum diameter or 19 square inches. Not less than three feet apart laterally. Must conform to federal standards. (49 CFR 571.108)
For buses manufactured on or after September 1, 1993 with an overall width of less than 80 inches, a high mounted stop lamp is required (may be two lamps).
REJECT VEHICLE IF:
Stop lights do not meet requirements; improper color; cracked or broken lenses; do not function properly.
15) Strobe (optional)
PROCEDURES/SPECIFICATIONS:
If installed, lamp must comply with following requirements:
A)
One per bus;
B)
Shall emit white or bluish/white light;
C)
Shall be visible from any direction;
D)
Shall flash 60 to 120 times per minute;
E)
Shall be visible in normal sunlight;
F)
Mounted at or behind center of rooftop and equal distance from each side. (Section 12-815 of the Illinois Vehicle Equipment Law)
Distance from rear will be calculated by measuring height of filament and multiplying same by 30 inches (i.e., filament height x 30 = distance from rear of bus where lamp is to be located.
REJECT VEHICLE IF:
If installed, strobe does not meet installation requirements; does not function properly; improper color; cracked or broken lenses.
Shielding is present.
16) Tail
PROCEDURES/SPECIFICATIONS:
Two red lights mounted with centers not less than 40 inches nor more than 50 inches from surface on which vehicle stands. Must conform to federal standards. (49 CFR 571.108)
REJECT VEHICLE IF:
Tail lights do not meet requirements; do not function properly; improper color; cracked or broken lenses.
17) Turn Signal, Left (armored)
PROCEDURES/SPECIFICATIONS:
"Armored" type amber clearance lamp mounted behind driver's seat. Functions with regular turn signal.
Exception: All buses purchased prior to September 1974 are exempt from having left armored turn signals.
Exceptions: Buses with capacity rating of less than 33 passengers are exempt. Buses manufactured in August 1974 or earlier are exempt. Buses that measure less than 80 inches wide or 20 feet long are exempt.
REJECT VEHICLE IF:
Left turn signal does not meet requirements; does not function properly; improper color; cracked or broken lenses.
18) Turn Signal, Right (armored)
PROCEDURES/SPECIFICATIONS:
"Armored" type amber clearance lamp mounted at approximately seat level and rub rail height just to rear of service door. Functions with regular turn signal lamps.
Exception: All buses purchased prior to September 1974 are exempt from have right armored turn signals.
Exceptions: Buses with capacity rating of less than 33 passengers are exempt. Buses manufactured in August 1974 or earlier are exempt. Buses that measure less than 80 inches wide or 20 feet long are exempt.
REJECT VEHICLE IF:
Right turn signal does not meet requirements; does not function properly; improper color; cracked or broken lenses.
19) Turn Signal, Front
PROCEDURES/SPECIFICATIONS:
One amber or white lens on each side, at or near the front, at the same height and as far apart as practicable. Must meet federal standard 49 CFR 571.108.
Operate turn signals and four-way warning hazards to check performance of front and rear lights.
REJECT VEHICLE IF:
Front turn signal does not meet requirements; does not function properly; improper color; cracked or broken lenses.
Four-way warning hazards do not operate properly.
20) Turn Signal, Rear
PROCEDURES/SPECIFICATIONS:
One red or amber lens on each side at the same height and as far apart as practicable below window. Must meet federal standard 49 CFR 571.108.
REJECT VEHICLE IF:
Rear turn signal does not meet requirements; improper color; does not function properly; cracked or broken lenses.
e) LOCKED COMPARTMENT
PROCEDURES/SPECIFICATIONS:
Fire extinguisher, first-aid kit, and warning devices may be stored either in a closed, unlocked compartment or under lock and key, provided the locking device is connected with an automatic warning signal that will alert driver when compartment is locked. The automatic alarm shall be both audible and visible to the seated driver. The alarm shall alert the driver when the engine is running and the compartment is locked and cannot be readily opened without using a tool, key, or combination. An alarm cut-off or "squelch" control is prohibited.
Each safety item inside the compartment shall be named on the outside of the compartment cover, or door. In addition, a RED CROSS formed of five equal squares shall be displayed on the cover when he first aid kit is inside the compartment.
Exception: A bus with chassis manufactured in March 1977 or earlier need not have a visible alarm.
REJECT VEHICLE IF:
Locked compartment is not readily accessible to driver; lettering or identification missing; alarm does not function properly when compartment is locked and vehicle is running.
**History**
- *Source: Amended at 22 Ill. Reg. 15371, effective August 7, 1998*
##### **92 Ill. Adm. Code 443.APPENDIX** H Mirrors Through Rub Rails {#sec-443.appendix omnilex-key=us-il-regs-official--title-92--443.APPENDIX}
a) MIRRORS
PROCEDURES/SPECIFICATIONS:
Every required mirror shall be of reflecting material protected from abrasion, scratching, and corrosion. Mirror shall be firmly installed on stable supports so as to give a clear, stable, reflected view. Mirrors must meet all requirements of 49 CFR 571.111 to provide the required field of view.
Convex crossover mirrors can be combined with either the right or left side safety mirrors provided the convex mirror meets the field of view and size requirements established in this subsection or in 49 CFR 571.111.
REJECT VEHICLE IF:
Mirrors do not meet requirements; defective; excessively clouded; not securely attached; cracked or broken glass.
1) Exterior
A) Rear View Driving
PROCEDURES/SPECIFICATIONS:
Shall be mounted outside on the left and right sides of the bus. Must give seated driver a view to the rear along each side of the bus. Must be at least 50 square inches of usable flat rectangular reflecting surface on each side. (49 CFR 571.111)
If the rear view driving mirror does not provide the required field of view, a convex driving mirror must be installed to expand the driving view to the rear. However, the usable flat reflecting surface must be rectangular and must maintain at least 50 square inches.
REJECT VEHICLE IF:
Rear view driving mirror does not meet requirements; defective; excessively clouded; not adjustable; not securely attached; cracked or broken glass.
B) Right Side Safety
PROCEDURES/SPECIFICATIONS:
An outside convex mirror, either alone or in combination with the crossover mirror system, shall give the seated driver a view of the roadway along the right side of the bus between the most forward surface of the right front tire and the rear of the rear bumper. The projected reflecting surface of this convex mirror shall be at least 40 square inches (7⅛ inches diameter if a circle).
Extra-wide angle convex mirror heads are permissible on right front corner only.
Exception: A right safety mirror is optional on a bus manufactured in August 1974 or earlier.
REJECT VEHICLE IF:
Right side safety mirror does not meet requirements; defective; excessively clouded; not securely attached; cracked or broken glass.
C) Left Side Safety (Optional)
PROCEDURES/SPECIFICATIONS:
A convex mirror is required if the left rear view driving mirror system does not give the seated driver a reflected view of the roadway along the left side of the bus between the front edge of the driver's seat (in most forward position) and the rear of the rear bumper. The convex mirror shall be installed so that either alone or in combination with the rear view driving mirror gives the seated driver the proper view.
Exception: A left safety mirror is optional on a bus with chassis manufactured in March 1977 or earlier.
REJECT VEHICLE IF:
Left side safety mirror does not meet requirements; defective; excessively clouded; not securely attached; cracked or broken glass.
D) Crossover
PROCEDURES/SPECIFICATIONS:
An outside convex mirror shall give the seated driver a view of the front bumper and the area of roadway in front of the bus. The projected reflecting surface of this mirror shall be at least 40 square inches (7⅛ inch diameter if a circle). (49 CFR 571.111)
Exception: If the seated driver of a forward control bus has a direct view of the front bumper and the area of roadway in front of the bus, a crossover mirror is optional.
REJECT VEHICLE IF:
Crossover mirror does not meet requirements; defective; excessively clouded; not adjustable; not securely attached; cracked or broken glass.
2) Interior
PROCEDURES/SPECIFICATIONS:
All buses purchased during and after September 1974 must have a clear view safety glass mirror, metal backed and framed with rounded corners and edges which shall be padded. Shall afford a good view of the interior and roadway to the rear.
All buses purchased prior to September 1974 must have a rear view mirror.
REJECT VEHICLE IF:
Interior mirror does not meet requirements; defective; excessively clouded; not adjustable; not securely attached; cracked or broken glass.
b) PAINT REQUIREMENTS
PROCEDURES/SPECIFICATIONS:
The exterior of the body, excluding required rub rail and lettering, shall be painted a uniform color. National School Bus Glossy Yellow. Required rub rail and lettering must be black. Additional rub rails may either be black or yellow. The front and rear bumpers and wheels may be black or manufacturer's colors. Grilles and hub caps may be a bright finish (chrome, anodized aluminum, etc.). Roofs may be white. (Section 12-801 of the Illinois Vehicle Equipment Law)
For buses manufactured on or after May 2, 1994, each opening for a required emergency exit must be outlined around its outside perimeter with a minimum 1 inch (2.54 cm.) wide yellow retroreflective tape. This yellow retroreflective tape must be on the exterior surface of the bus. Required yellow retroreflective tape can be located on the rear bumper provided the space between the top of the bumper and bottom of the door is not adequate to accommodate the tape. (49 CFR 571.217)
Optional: A white roof may extend only to within 6 inches above the drip rails on the sides of the body. The front and rear roof caps shall remain National School Bus Glossy Yellow.
Optional: Black area around flashing lights is permitted. Black area must not interfere with "SHOOL BUS" lettering.
Optional: Reflectorized tape is permitted provided it reflects the same color that is applied to and cannot be located on any bumper unless the bus was manufactured on or after May 1, 1994 (see above paragraph).
Exception: Hoods may be lusterless black or lusterless school bus yellow.
REJECT VEHICLE IF:
Paint does not meet color requirements; paint in poor condition (i.e., faded, peeling or rusted).
Optional black area around flashers interferes with required lettering.
Optional or required reflectorized tape does not meet color requirements.
c) PROJECTIONS
1) Exterior
PROCEDURES/SPECIFICATIONS:
Entire rear of bus must be nonhitchable.
Exceptions: A bus manufactured in October 1978 or earlier is exempt from nonhitchable bumpers. A bus manufactured in August 1974 or earlier is exempt from nonhitchable projections. Every school bus, however, must have a nonhitchable door handle.
REJECT VEHICLE IF:
Exterior projections do not comply with nonhitchable projection requirements.
2) Interior
PROCEDURES/SPECIFICATIONS:
Interior shall be free of all dangerous projections.
Optional equipment (e.g., video camera) that is located in the bulkhead area of the bus and not flush with the interior walls must meet the following requirements:
A)
Must not interfere with occupant's entering or exiting the bus.
B)
Must not be located in driver's head impact zone.
C)
Must not obstruct required lettering.
Additional projections (e.g., external speakers, air conditioners) located within 59 inches from the floor shall be padded to prevent injury. This includes inner lining of ceiling and walls. Installation of book racks is not permissible.
Exception: All buses purchased prior to September 1974 may be equipped with book racks. However, if book racks are present, they shall be above side windows and shall not extend forward of the front seat or across or above the emergency door. Racks must be free of projections likely to cause injury.
Exception: All buses purchased prior to September 1974 are exempt from padding on interior projections.
REJECT VEHICLE IF:
Optional equipment in bulkhead does not meet requirements.
Remaining interior projections are not padded (e.g., external speakers). Book racks are present.
Flush mounted speakers are exempt from padding requirements.
For buses purchased prior to September 1974, book racks do not meet requirements.
d) REFLECTORS
1) Front
PROCEDURES/SPECIFICATIONS:
Two yellow rigid or sheet type (tape) front reflex reflectors shall be attached securely and as far forward as practicable. (Section 12-202 of the Illinois Vehicle Equipment Law) They shall be located between 15 and 60 inches above the roadway at either fender, cowl, or body and installed so as to mark the outer edge of the maximum width of the bus. No part of the required reflecting material may be obscured by a lamp, mirror, bracket, or any other portion of the bus. No part of the required reflecting material may be more than 11.8 inches (300 mm) inboard of the outer edge of the nearest rub rail (12 inches on a bus with chassis manufactured in March 1977 or earlier). The reflector may be any shape (e.g., square, rectangle, circle, oval, etc.). A rigid type reflex reflector may be any size if permanently marked either DOT, SAE A, or SAE J 594; otherwise, it shall display at least seven square inches of reflecting material (about 3 inch diameter if a solid circle).
A sheet type (tape) reflex reflector may conform to the surface on which it is installed but its forward projected reflecting area shall be at least eight square inches.
Exception: Buses that measure 80 inches wide or less or that measure 25 feet long or less are exempt. (Section 12-202(a) of the Illinois Vehicle Equipment Law)
REJECT VEHICLE IF:
Missing or damaged reflective material; not located or positioned as required.
2) Left Side
PROCEDURES/SPECIFICATIONS:
One amber at or near the front and one red at or near the rear. Mounted at a height not less than 15 inches and not more than 60 inches above the surface of the road. On sides of buses 20 feet or more in length, one amber as near center as practicable must also be provided. (Section 12-202 of the Illinois Vehicle Equipment Law) Minimum three inches in diameter.
REJECT VEHICLE IF:
Missing or damaged reflective material; not located or positioned as required.
3) Right Side
PROCEDURES/SPECIFICATIONS:
One amber at or near the front and one red at or near the rear. Mounted at a height not less than 15 inches and not more than 60 inches above the surface of the road. On sides of buses 20 feet or more in length, one amber as near center as practicable must also be provided. (Section 12-202 of the Illinois Vehicle Equipment Law) Minimum three inches in diameter.
REJECT VEHICLE IF:
Missing or damaged reflective material; not located or positioned as required.
4) Rear
PROCEDURES/SPECIFICATIONS:
Two red reflectors on rear body within 12 inches of lower right and lower left corners. (Section 12-202 of the Illinois Vehicle Equipment Law) Minimum three inches in diameter.
Exception: Buses that measure 80 inches wide or less or that measure 25 feet long or less are exempt. (Section 12-202(a) of the Illinois Vehicle Equipment Law)
REJECT VEHICLE IF:
Missing or damaged reflective material; not located or positioned as required.
e) RUB RAILS
PROCEDURES/SPECIFICATIONS:
There shall be one rub rail located approximately at seat level which shall extend from the rear of the entrance door on both sides, except at functioning doors, to a point of curvature at the rear of the body. Rub rails shall be constructed of 16-gauge longitudinally corrugated or ribbed steel, ventilated four inches minimum width, and securely fastened to the body by bolts, rivets, or welding.
Rub rails are not required on Type II service and driver's entrance door; however, if installed, they must meet same requirements as above.
REJECT VEHICLE IF:
Rub rails missing; not firmly attached; incorrect color, or incorrect number of rails.
**History**
- *Source: Amended at 22 Ill. Reg. 15371, effective August 7, 1998*
##### **92 Ill. Adm. Code 443.APPENDIX** I Seat Belts Through Steps {#sec-443.appendix omnilex-key=us-il-regs-official--title-92--443.APPENDIX}
a) SEAT BELTS
PROCEDURES/SPECIFICATIONS:
A seat belt shall be installed for the driver. (Section 12-807 of the Illinois Vehicle Equipment Law)
Seat belts shall be installed for each pupil as required by 49 CFR 571.222. At all times, each seat belt shall be readily available for quick and easy use. If retractors are installed, they shall be the automatic locking type. Each belt assembly shall be clean. Belt material, buckle, tongue, etc., of each driver's belt shall remain above floor when not in use.
Exception: On a bus with incomplete vehicle (chassis) manufactured in March 1977 or earlier, pupil belts are not required.
Exception: On a bus manufactured in August 1974 or earlier, driver's belts; etc., need not remain above floor.
REJECT VEHICLE IF:
Seat belts are not secured, not adjustable, cracked, broken, frayed, torn or dirty. Retractor or buckle does not operate properly.
b) SEAT, DRIVER'S
PROCEDURES/SPECIFICATIONS:
The driver's seat shall be rigidly positioned and have a forward and backward adjustment without the use of tools or other nonattached devices.
Seat padding and covering shall be in good condition (i.e., fre from holes and tears). Seat cushions shall be securely fastened to the seat frame.
REJECT VEHICLE IF:
Driver's seat is not securely anchored to floor; in poor condition; adjustment mechanism does not function properly.
c) SEATS, PASSENGER
PROCEDURES/SPECIFICATIONS:
For buses purchased after September 1974 all seats shall have a minimum depth of 14 inches and a minimum back rest height of 20 inches with a 13 inch allowable average hip room in determining seating capacity. All seats shall be forward facing and securely fastened to part or parts of bus which support them. No bus shall be equipped with jump seats or portable seats (does not include child restraint systems). The center-to-center seat spacing shall be no more than 24 inches, measured from the seating reference point to the seat back or guard barrier in front of the seat. Padding and covering shall be of fire resistant material. Minimum 36 inch headroom for sitting position above top of undepressed cushion line on all seats (measured vertically not more than seven inches from sidewall at cushion height and at front and rear center of cushion). Backs of all seats of similar size shall be of the same width at top and the same height from floor and shall slant at the same angle with the floor. The top and side rails and seat backs shall be padded to cushion level. Seat padding and covering shall be in good condition (i.e., free from holes and tears). Seat cushions shall be securely fastened to the seat frame. (49 CFR 571.222)
Exception: All buses purchased prior to September 1974 and after January 1, 1972, shall have a seating plan for 16 pupils consisting of four rows of 30 inch forward facing seats with a minimum 12 inch aisle down the center. No jump or portable seats allowed. No seat or other object placed in the bus which restricts passageway to emergency door to less than 12 inches.
Exception: Those vehicles used as a school bus by school districts and private contractors prior to January 1, 1972, and are still in their possession that had previously passed a school bus safety inspection can still be utilized if they continue to meet the inspection requirements that were in effect at that time. These vehicles will not have to be brought up to the above standards.
A flip-up seat may be located only adjacent to any side emergency door. For buses manufactured on or after September 1, 1994, the flip-up seat must conform to the following:
1)
The seat must be designed so that, when in the folded position, the seat cushion is flat against the seat back to prevent a child's limb from becoming lodged between the seat cushion and seat back.
2)
The seat must be designed to discourage a child from standing on the seat cushion when in the folded position.
3)
The working mechanism under the seat must be covered to eliminate any tripping hazard.
4)
All sharp metal edges on the seat must be padded to prevent any sagging hazard.
5)
No portion of the door latch mechanism be obstructed by a seat.
6)
There must be at least 11.7 inches (30 cm) measured from the door opening to the seat back in front. (49 CFR 571.217)
REJECT VEHICLE IF:
Passenger seats are not firmly attached to body; broken frame; cushions not firmly attached; padding and covering not fire resistant. Padding or covering is loose, in poor condition, or missing; seats are torn or have holes; minimum seat dimensions or seat spacing is not in compliance.
d) STEERING SYSTEM
1) Exterior
A) King Pins
PROCEDURES/SPECIFICATIONS:
Raise vehicle so as to unload kingpins (brakes should be applied to eliminate wheel bearing looseness). Either grasp wheel at top and bottom or use a bar for leverage. Attempt to rock wheel in and out. Check movement at extreme top or bottom of tire. If movement exists, place a dial indicator, tape measure, or a fixed device at the wheel and measure amount of movement.
Place leverage bar under tire. Raise bar to check for vertical movement between spindle and support axle.
REJECT VEHICLE IF:
Wheel bearing movement exceeds ¼ inch; or kingpin movement exceeds:
Wheel size
Max allowed
16" or less
¼"
16.1" to 18"
⅜"
over 18"
½"
B) Linkage
PROCEDURES/SPECIFICATIONS:
For buses with single "I" beam or tube type front axle, hoist bus under axle. For buses with twin "I" beam type front axles or with "A frame" control arms, each axle or arm must be hoisted independently so as to load the ball joints. Grasp front and rear of tire and attempt to shake assembly right and left to determine linkage looseness. Measure movement of wheel.
Inspect for damage to or looseness in the following linkage components:
i)
Ball Joints
ii)
Cotter Pins
iii)
Drag Link
iv)
Idler Arm
v)
Pitman Arm
vi)
Steering Box
vii)
Tie Rod
viii)
Tie Rod Ends
REJECT VEHICLE IF:
Measurement is found to be in excess of:
Rim Diameter
Maximum Allowable Movement
16" or less
¼"
17" and 18"
⅜"
over 18"
½"
Any linkage component is bent; welded; loose; insecurely mounted or missing.
C) Power Steering
PROCEDURES/SPECIFICATIONS:
Manually and visually inspect.
i)
Belts
ii)
Cylinders
iii)
Fluid Level
iv)
Hoses
v)
Mounting Brackets
vi)
Power Assist
vii)
Pump
REJECT VEHICLE IF:
Steering components are:
i)
Loose, frayed, cracked, missing, incorrect belts
ii)
Loose and/or leaking
iii)
Low fluid level
iv)
Cracked, leaking, rubbed by moving parts
v)
Cracked, loose, or broken
vi)
No assist is evident
vii)
Loose, leaking
D) Toe-In/
Toe-Out
PROCEDURES/SPECIFICATIONS:
With wheels held in a straight ahead position, drive vehicle slowly over the approved drive-on side slip indicator.
Excessive toe-in or toe-out is a general indication that complete check should be made of all front wheel alignment factors (caster, camber, steering axis inclination).
REJECT VEHICLE IF:
More than 30 feet per mile on the approved side slip indicator.
E) Wheel
Bearings
PROCEDURES/SPECIFICATIONS:
With the front end of the vehicle lifted so as to load any ball joints, grasp the front tire top and bottom, rock it in and out. Record movement. To verify that any looseness detected is in the wheel bearing, notice the relative movement between the brake drum or disc and the backing plate or splash shield.
AGENCY NOTE:
Wheel bearing play can be eliminated by applying service brakes.
REJECT VEHICLE IF:
Relative movement between drum and backing place, measured at tire, is ¼ inch or more.
2) Interior
A) Column
PROCEDURES/SPECIFICATIONS:
Inspect to determine that column support bracket is properly tightened and all bolts are present.
REJECT VEHICLE IF:
Column support bracket is not properly tightened or bolts are missing.
B) Lash
PROCEDURES/SPECIFICATIONS:
With road wheels in straight ahead position, turn steering wheel unit a turning movement can be observed at the left road wheel. Slowly reverse steering wheel motion and measure lash.
REJECT VEHICLE IF:
Lash exceeds following acceptable limits:
Steering wheel maximum diameter inches
Acceptable lash (inches) measured at maximum circumference
16 or less
2
18
2¼
20
2½
22
2¾
C) Shaft
PROCEDURES/SPECIFICATINS:
Grasp steering wheel with both hands and attempt to move shaft up and down.
REJECT VEHICLE IF:
Steering shaft moves up and down.
D) Steering Wheel
PROCEDURES/SPECIFICATIONS:
Inspect steering wheel condition.
REJECT VEHICLE IF:
Steering wheel is damaged. Any spokes are missing or reinforcement ring is exposed.
E) Travel
PROCEDURES/SPECIFICATIONS:
Turn steering wheel through a full right and left turn checking for binding, jamming and complete travel left and right.
REJECT VEHICLE IF:
Binding or jamming is present. Does not complete full turn from left to right. Tire rubs on fender or frame during turn.
e) STEPS
PROCEDURES/SPECIFICATIONS:
The first service entrance step shall be no more than 13½ inches off the ground. If necessary, a step of adequate width and length shall be installed to meet this requirement. Provision shall be made to prevent road splash from the wheel from accumulating on the step if installed outside the body.
Risers shall be approximately equal in height, upper risers no more than ½ inches in height.
The surface entrance steps shall have a nonskid material applied. A 1½ inch to three inch white nosing is required on the floor at the top riser.
REJECT VEHICLE IF:
Steps or risers are not solid. Steps, risers or nonskid material covering is missing, loose, or not in good condition. White nosing is missing or in poor condition.
**History**
- *Source: Amended at 22 Ill. Reg. 15371, effective August 7, 1998*
##### **92 Ill. Adm. Code 443.APPENDIX** J Stop Signal Arm Panel Through Trash Container (optional) {#sec-443.appendix omnilex-key=us-il-regs-official--title-92--443.APPENDIX}
a) STOP SIGNAL ARM PANEL
PROCEDURES/SPECIFICATIONS:
A stop signal arm panel must be installed on the left side of the bus and may be operated either manually or mechanically. Decals may be used in lieu of painting.
Buses manufactured on or after September 1, 1992 must be equipped with an octagon-shaped semaphore which meet the requirements listed below under "Octagon."
Buses manufactured prior to September 1, 1992 may either be equipped with an octagon-shaped semaphore which meets the requirements listed below under "Octagon" or a hexagon shaped semaphore which meets the requirements listed below under "Hexagon."
Octagon – The arm shall be an octagon-shaped semaphore which measures at least 450 mm x 450 mm (17.72 inches x 17.72 inches) in diameter. The arm shall be red on both sides with a white border at least 12 mm (.47 inches) wide on both sides. The arm shall have the word "STOP" displayed in white uppercase letters on both sides. The letters shall be at least 150 mm (5.9 inches) in height and have a stroke width of at least 20 mm (.79 inches).
The stop signal arm shall comply with either (a) or (b) below:
i)
The entire surface of both sides of the arm can be reflectorized to meet 49 CFR 571.131; or
ii)
Each side of the arm shall have at least two red lamps centered on the vertical centerline of the stop arm. One lamp shall be located at the extreme top of the arm and the other at its extreme bottom. The lamps shall light and flash alternately when stop signal arm is extended and likewise turn off and stop flashing when arm is closed. (49 CFR 571.131) (See Section 443.Illustration A for examples.)
Hexagon – The arm shall be a hexagon shaped semaphore approximately 18 inches wide and 18 inches long and of 16 gauge metal. The stop signal arm panel shall have the "STOP" painted on both sides in white letters at least six inches high with a brush stroke approximately 7/8 inch wide. The word "STOP" shall be painted on a panel with red background of approximately 8 inches by 16 inches. Remaining area of stop signal arm blade is to be painted white with a band of white border at least ½ inch wide painted from and rear on both sides as contrast. White portion of stop arm signal shall be reflectorized or shall have double-faced lamps with red lens approximately four inches in diameter located in the top and bottommost position of the blade. These lamps shall light and flash alternately when stop arm is extended and likewise turn off and stop flashing when arm is closed. (Section 12-803 of the Illinois Vehicle Equipment Law) (See Section 443.Illustration A for examples.)
Optional: Strobe lamps are acceptable on stop arm panels.
Optional: Additional stop signal arm panels must be located on the left side of the bus. Additional panels must operate in conjunction with the required panel and meet all stop signal arm panel requirements except as follows. The additional panel must not contain any lights, markings or reflective material on the forward side of the panel. The additional panel must be located in the rear half of the bus adjacent to the rearmost window.
REJECT VEHICLE IF:
Stop signal arm panel is in poor condition (i.e., faded, peeling, or rusted); lights do not operate properly (if installed); is not securely attached; is not operating properly; does not meet requirements; is missing.
b) STORAGE COMPARTMENT (optional)
PROCEDURES/SPECIFICATIONS:
Covered, fire-resistant container securely fastened of adequate strength and capacity for tire chains and tools for minor emergency repairs.
REJECT VEHICLE IF:
If installed, storage compartment does not meet requirements.
c) SUN VISOR
PROCEDURES/SPECIFICATIONS:
Shall be interior, adjustable and not less than five inches by 16 inches. Must be installed above windshield.
Not required to be transparent, but must not interfere with view of interior rear view mirror.
REJECT VEHICLE IF:
Sun visor does not meet requirements.
d) SUSPENSION
1) Shocks
PROCEDURES/SPECIFICATIONS:
Equipped with front and rear heavy-duty, double acting shock absorbers.
REJECT VEHICLE IF:
Shocks are missing, broken, or have severe leakage (not slight dampness) occurs. Mounting bolts or mounts are broken or loose, or rubber bushing is partially or completely missing.
2) Springs
A) Coil
PROCEDURES/SPECIFICATIONS:
Visually inspect:
i)
Spring
ii)
Control arms
iii)
Torque arms (rear)
REJECT VEHICLE IF:
Coil is missing, disconnected, broken, loose bushings, welded or damaged.
B) Leaf
With use of a pry bar and using frame as a pivot, attempt to pry front and rear spring attachments and check for movement. Front of vehicle must be jacked up on chassis for checking front suspension. Visually inspect:
i)
Springs
ii)
Shackles
iii)
Hangers
iv)
U-bolts
v)
Center bolts
vi)
Bushings or pivot
REJECT VEHICLE IF:
Springs are missing or broken. Shackles or "U" bolts worn or loose. Center bolt in springs sheared or broken. Steering stops allow tire to rub on frame or metal.
Any leaves are cracked or missing. Any shackle, shackle pins, hangers, or "U" bolts are worn, loose, or missing.
C) Torsion Bar (Stabilizer Bar)
PROCEDURES/SPECIFICATIONS:
Visually inspect:
i)
Torsion
ii)
Mounting brackets
iii)
Control arms
iv)
Torque arms (if applicable – rear)
v)
Stabilizer bar(s) (if applicable)
REJECT VEHICLE IF:
Torsion bar missing, disconnected, broken, loose, welded, or damaged.
e) TOW HOOKS (optional)
1) Front
PROCEDURES/SPECIFICATIONS:
A front tow hook must not extend beyond the front of the front bumper. Each front tow hook not fastened securely to the chassis frame shall be connected to the frame by suitable braces.
REJECT VEHICLE IF:
Tow hook(s) extend beyond bumper; not securely attached.
2) Rear
PROCEDURES/SPECIFICATIONS:
Any tow hook(s) installed on the rear shall be attached or braced to the chassis frame or to an equivalent structural member of an integral type bus. A tow hook must not extend beyond the rear face of the rear bumper.
REJECT VEHICLE IF:
Tow hook(s) extend beyond bumper; not securely attached.
f) TRASH CONTAINER (optional)
PROCEDURES/SPECIFICATIONS:
A trash container may be present. If present, it must be securely stored in the vehicle and must not obstruct any aisle.
REJECT VEHICLE IF:
Optional trash container does not meet requirements.
**History**
- *Source: Amended at 22 Ill. Reg. 15371, effective August 7, 1998*
##### **92 Ill. Adm. Code 443.APPENDIX** K Undercoating Through Windshield Wipers {#sec-443.appendix omnilex-key=us-il-regs-official--title-92--443.APPENDIX}
a) UNDERCOATING
PROCEDURES/SPECIFICATIONS:
Fire resistant undercoating material applied by spray. Entire underside of body, front fenders, floor members and side panels below floor level must be covered.
REJECT VEHICLE IF:
Undercoating does not meet requirements.
b) VENTILATION
PROCEDURES/SPECIFICATIONS:
Body must be equipped with ventilating system capable of supplying proper quantity of air under operating conditions.
REJECT VEHICLE IF:
Air is obstructed; not securely fastened; not covered.
c) WARNING DEVICES
PROCEDURES/SPECIFICATIONS:
Either three red cloth flags not less than ½ inches square and three red reflectors minimum of 3 inches in diameter or three bi-directional emergency triangles that conform to 49 CFR 571.125. (Section 12-702 of the Illinois Vehicle Equipment Law) Kit shall be securely stored.
REJECT VEHICLE IF:
Required warning devices are not present or are in poor condition.
d) WHEELS
1) Housings
PROCEDURES/SPECIFICATIONS:
Full open type attached to floor sheet to prevent water, fumes or dust entering the body. Inside height should not exceed 10 inches above floor line. Housings shall allow for unimpeded wheel and tire service or removal. Housing shall provide clearance for installation and use of tire chains on the dual or single tires installed on the rear wheels.
Inspect tire and road wheel assesmblies.
REJECT VEHICLE IF:
Wheel housings do not meet clearance requirement; wheel housings are not firmly secured; holes are present.
A tire or wheel is rubbing against any portion of the suspension, chassis, or body.
2) Rim
PROCEDURES/SPECIFICATIONS:
Inspect all wheel and rim bolts, nuts, studs, lugs, locking rings, etc. Each cover, cap, or decorative ring that obscures any of these items must be removed prior to the inspection.
Inspect for visible wheel damage.
REJECT VEHICLE IF:
Any wheel or rim securing device such as a nut, bolt, stud, lug, ring, or other type securing device is loose, missing, or cracked.
Wheel locating hole(se) are elongated, oversized, or "wallowed out." Any part of a wheel or rim is cracked, repaired by welding or rewelding, or damaged so as to cause unsafe operation of the vehicle.
3) Tires
PROCEDURES/SPECIFICATIONS:
Inspect tire for proper inflation (i.e., flat tire).
A regrooved, retreaded, or recapped tire shall not be on the front steering axle.
A tire with restricted use marking is prohibited (e.g., "NHS" or "SL" following size marking, "Off Highway," "Farm Use," "Racing Only," etc.).
No school bus shall be equipped with any tire which has been so worn that read configuration is absent on any part of the tire which is in contact with the road surface.
Inspect for tread wear:
A)
Check for the presence of tread wear indicators.
B)
For tires without tread wear indicators, use tread depth gauge to measure groove depth.
Steering (Front) and Drive (Rear) Axles: Measure groove depth at any point on a major tread groove.
C)
For tires without tread wear indicators and with noncircumferential grooves, or "spaces," between the tread elements (as in snow, mud, lug knob, or traction treads).
Steering (Front) and Drive (Rear) Axles: Measure in a major groove at a point halfway between the center of the tire and the outside of the tread at any point on a major tread groove.
D)
Inspect tire for bald, partially bald, cupped, dished, or unevenly worn areas.
E)
The measurements shall not be made where the tie bars, humps, or fillets are located.
AGENCY NOTE:
"Bald" means without a groove.
Inspect for visible cord damage and exposure of ply cords in sidewalls and treads, including belting material cords.
Inspect for evidence of tread or sidewall separation.
Inspect for regrooved or recut treads.
AGENCY NOTE:
49 CFR 369 requires tires marked "REGROOVABLE" to have sufficient tread rubber that, after regrooving, cord material below the grooves shall have a protective covering of tread material at least 3/32 inch thick.
Inspect tires for legible markings showing size designation and carcass construction.
AGENCY NOTE:
"R" in size designation shows radial construction. More plies at tread than sidewall shows belted construction. Same number of plies at tread and sidewall, without a belted or radial indication, shows plain bias construction.
Tires on same axle must be of same construction.
Inspect tires for size designation and for matched construction.
AGENCY NOTE:
"Construction" refers to bias, bias belted, or radial arrangement of ply cores in the tire carcass.
Inspect each single dual tire assembly.
A mixture of regular and mud-and-snow treads must be same on both sides of axle.
When radial and conventional (i.e., bias) ply tires are both used on a vehicle, one of the following two requirements shall be met:
i)
On vehicles with one single wheel axle and one or more dual wheel axle, radial tires shall be used on the steering (i.e., front) axle only.
ii)
On vehicles having two single wheel axles, radial tires shall be used on the rear axle only.
A tube built only for bias tire shall not be installed in a radial tire. Red color shall not be added to stem of a "bias" tube. (Valve stem of tube for radial tire is either marked "radial" or has red ring or is painted red.) A "radial" tube and flap may be used in a bias tire.
Inspect valve stems.
REJECT VEHICLE IF:
Improper inflation (flat tire).
Regrooved, retreaded or recapped tire is located on front steering axle.
Restricted marking is present.
Any part of tire which is in contact with road surface is absent of tread configuration.
i)
Tread wear indicators contact road at any point on a major tread groove.
ii)
On steering (front) axle: Tread groove depth is less than 4/32 inch when measured at any point on a major tread groove.
On drive (rear) axle: Tread groove depth is less than 2/32 inch when measured at any point on a major tread groove.
iii)
On steering axle: Tread groove depth is less than 4/32 inch when measured in a major groove at a point halfway between the center of the tire and the outside of the tread at any point on a major tread groove.
On drive axle: Tread groove depth is less than 2/32 inch when measured in a major groove at a point halfway between the center of the tire and the outside of the tread when measured at any major tread groove.
iv)
The tire has bald, partially bald, cupped, dished or unevenly worn areas.
A broken or cut cord can be seen. Rubber is worn, cracked, cut or otherwise deteriorated or damaged so that a cord can be seen – either when the tire is not touched or when the edges of the crack, cut or damage are parted or lifted by hand.
Tire has bump, bulge, knot or other evidence of partial carcass failure, air seepage, or loss of adhesion between carcass and tread or sidewall.
Tread has been regrooved or recut on a tire that does not have the word "REGROOVABLE" molded on or into both sides of the tire.
A tire on a road wheel does not exhibit a legible size marking and a legible construction marking.
Tires on the same axle are not of same construction.
A tire exceeds the diameter (not width) of its mate by ½ inch (¼ inch radius) or more; or one tire touches its mate.
A mixture of regular and mud-and-snow treads are not the same on both sides of the axle.
Requirements for using both radial and conventional tires on a vehicle are not met.
A tube built only for bias tire but installed in a radial tire.
A valve stem leaks; is cracked; is either damaged or positioned so as to hamper pressure checking or inflation; shows evidence of wear because of misalignment.
e) WINDOWS
PROCEDURES/SPECIFICATIONS:
All applicable provisions of 49 CFR 571.205 apply to the optional laminated safety glass and also to any plastic material(s) used in a multiple glazed unit.
Glazing shall be marked as follows pursuant to 49 CFR 571.205:
i)
Windshield – "AS 1" Glass
ii)
Driver's window – "AS 1" Glass or "AS 2" Glass
iii)
Driver's door – "AS 1" Glass or "AS 2" Glass
iv)
All other locations – "AS 1" Glass, "AS 2" Glass, or "AS 3" Glass
REJECT VEHICLE IF:
Windows do not meet requirements.
1) Emergency (Also see EMERGENCY EXITS)
PROCEDURES/SPECIFICATIONS:
When the emergency door is located on the left side, a rear emergency window shall be provided. Minimum dimensions are 16 inches high and 48 inches wide. Designed to be opened from the inside or the outside. Hinged on top, designed and operated to insure against accidental closing in an emergency. Inside handle shall provide for quick release. Outside handle shall be nondetachable and nonhitchable. When locked or not fully latched, window shall actuate alarm audible and visible to driver. No cutoff switch allowed.
Optional emergency windows are allowed. They must be labeled "Emergency Exit" in letters at least two inches high, or a color that contrasts with its background, located at the top of or directly above the window on the inside surface of the bus.
REJECT VEHICLE IF:
Operating mechanisms do not function. Alarm does not function. Glass is cracked or broken (see EMERGENCY EXIT – Alarms and Locks).
2) Rear
PROCEDURES/SPECIFICATIONS:
Glazing in rear of bus shall be of fixed type. Any authorized or required sign, letters or numerals displayed on the window in the rear of the bus shall be located so as not to obstruct the driver's view.
REJECT VEHICLE IF:
Visibility through rear windows is obstructed. Glass is cracked or broken.
3) Side
PROCEDURES/SPECIFICATIONS:
All buses purchased after September 1974 must have each side window as an unobstructed emergency opening and at least a nine inch by 22 inch wide opening obtained by lowering the window. Six inch stop line required on all windows. Safety glass, or equivalent, with exposed edges banded.
All buses purchased prior to September 1974 and after January 1, 1972, must have approved safety glass in all windows and doors and all exposed edges of the glass shall be banded.
Those vehicles used as a school bus by school districts and private contractors prior to January 1, 1972, and are still in their possession and had previously passed the school bus safety inspection can still be utilized if they continue to meet the inspection requirements that were in effect at that time. These vehicles will not have to be brought up to the above standards.
Note: For information regarding optional route identification markings, see LETTERING.
REJECT VEHICLE IF:
Windows do not meet emergency opening requirements. Window does not open easily. Glass is cracked or broken. Stop lines are missing.
Window latches do not operate properly.
4) Windshield
PROCEDURES/SPECIFICATIONS:
Shall be installed between front corner posts and must not obstruct driver's view. (Section 12-501 of the Illinois Vehicle Equipment Law)
All buses purchased after September 1974 must have tinted safety glass six inches below top of windshield or equivalent to reduce glare.
All buses purchased prior to September 1974 must have safety glass and shall be heat resistant, laminated plate.
REJECT VEHICLE IF:
Windshield is not firmly sealed or attached. Glass is broken, cracked, or discolored (not including allowed tint). "Star chip" is present which measures more than one inch in diameter.
f) WINDSHIELD WASHER
PROCEDURES/SPECIFICATIONS:
Windshield washer shall effectively clean the area covered by both wipers.
REJECT VEHICLE IF:
Windshield washer does not effectively clean entire area or does not operate properly.
g) WINDSHIELD WIPERS
PROCEDURES/SPECIFICATIONS:
Wipers shall be either two speed or variable speed with nonglare arms and blades. Blades need not be individually powered.
REJECT VEHICLE IF:
Windshield wipers do not cover entire cleaning area. Blades are damaged, torn, hardened, or rubber wiping element has broken down. Wiper fails to park properly when shut off.
**History**
- *Source: Amended at 22 Ill. Reg. 15371, effective August 7, 1998*
##### **92 Ill. Adm. Code 443.APPENDIX** L Illinois Minimum Standards for School Bus – Van Type Conversions 1-16 Passengers Purchased Prior to September 1974 {#sec-443.appendix omnilex-key=us-il-regs-official--title-92--443.APPENDIX}
a) The service door shall be located to the right of the operator and may be manually controlled from the operator's seat by an over center control.
b) The emergency doors shall be located in the center of the rear end or on the right-hand side of the school bus. The door shall be equipped with fastening devices for opening from the inside and the outside body, which may be quickly released, but is designed to offer protection against accidental release.
c) No seat or other object shall be placed in the bus which restricts passageway to the emergency door to less than twelve inches.
d) The minimum clearance of all aisles, including between the seats and leading to the emergency door shall be twelve inches.
e) The ceiling and walls shall be insulated with fireproof material to deaden sound and reduce vibration to a minimum.
f) The interior of the school bus shall be free of all unnecessary projections likely to cause injury. This inner lining on ceilings and walls shall be fiberboard or metal.
g) All glass in the windshield, windows, and doors shall be of approved safety glass. All exposed edges of glass shall be banded. The glass in the windshield shall be heat-absorbent laminated plate.
h) 123 inch wheelbase.
i) G.V.W.R. 7600 pounds.
j) 3300 lbs. front axle.
k) 5050 lbs. rear axle.
l) 1475 lbs. front springs.
m) 2200 lbs. rear springs.
n) 8:00 x 16.5, 8 ply rating tires.
o) 8 hole disc 16.5" x 6.00".
p) High output primary heater.
q) Rear heater recirculating type.
r) Two moveable glass vents or windows. One located on the right side and one on the left side of the driver's areas. These are optional.
s) 240 cu. in. minimum engine.
t) 55 amp alternator.
u) 70 amp battery.
v) Two 5" x 10" (minimum) outside rear view mirrors (West Coast Type), and two 3" convex mirrors (buses purchased prior to September, 1974, may have the 3" "stick on type" convex mirrors, provided they do not reduce the visual field of the mirror below 50 square inches).
w) Inside rear view mirror.
x) A convex crossover mirror 7 1/2" in diameter, mounted on left front to give the seated driver a view of the roadway immediately in front of the front bumper.
y) Seating plan must allow 13 inches of seating space for each of 16 or fewer passengers, exclusive of the driver. All seats must face forward with a minimum of 12" aisle down the center or down the right side. No jump or portable seats allowed.
z) Manually or mechanically operated "Stop" signal arm. Hexagon shaped semaphore mandatory on all vehicles purchased after December 31, 1975.
aa) One rub rail applied to each side operator's door and service door. Rub rail may be omitted on operator's door if "Stop" signal arm is mounted on it.
bb) Floor must be covered with a non-skid type material.
cc) Roof mounted "School Bus" sign with flashing lights, acceptable until December 31, 1976. An eight light flashing system is then mandatory.
dd) Color of bus shall be National School Bus Chrome Yellow.
ee) All required lettering shall be in black. Emergency door lettering shall be two inches. Bus Number, School Name, District or Contractor's name on both sides of vehicle shall be four inches. "School Bus" shall be eight inches.
ff) Vehicles may not be altered or converted to carry more than 16 passengers.
##### **92 Ill. Adm. Code 443.ILLUSTRATION** A Stop Signal Arm Panels {#sec-443.illustration omnilex-key=us-il-regs-official--title-92--443.ILLUSTRATION}
Octagon Shaped Semaphore (see Section 443.APPENDIX J (a))
Hexagon Shaped Semaphore (see Section 443.APPENDIX J (a))
**History**
- *Source: Amended at 22 Ill. Reg. 15371, effective August 7, 1998*
##### **92 Ill. Adm. Code 443.ILLUSTRATION** B Exhaust Guidelines {#sec-443.illustration omnilex-key=us-il-regs-official--title-92--443.ILLUSTRATION}
##### **92 Ill. Adm. Code 443.ILLUSTRATION** C Brake Inspection Report {#sec-443.illustration omnilex-key=us-il-regs-official--title-92--443.ILLUSTRATION}
Illinois Department
of Transportation
School Bus Brake Inspection Report
Division of Traffic Safety
3215 Executive Park Drive P.O. Box 19212
Springfield, Illinois 62794-9212
District or Contractor:
Name
Address
City/State
Zip
Telephone
( )
School Bus Unit Number
Chassis Make
Chassis Year
Chassis V.I.N.
Illinois law requires all school buses to be safety inspected at least once every six months or 10,000 miles, whichever occurs first. In addition, the Illinois Department of Transportation requires that a visual brake inspection be performed on every school bus operated in Illinois at least once a year or every 10,000 miles, whichever occurs first.
A completed School Bus Brake Inspection Report must be presented to the Certified Safety Tester each time a school bus is taken to an Official Testing Station for a safety inspection.
I attest that the entire brake system on the school bus listed above was visually inspected and found to be operating in accordance with the manufacturer's specifications or was repaired to perform in accordance with the manufacturer's specifications. The visual inspection of the brake system was
performed on
by a qualified mechanic employed by
(date)
. The mileage on this school
(business/school district where break inspection was completed)
bus was
when the visual brake inspection was performed.
(mileage)
(name of authorized school district official or contractor)
(date)
Please print or type
(signature of authorized school district official or contractor)
(title)
TS 2258 (3/94)
##### **92 Ill. Adm. Code 443.ILLUSTRATION** D Propane Decal {#sec-443.illustration omnilex-key=us-il-regs-official--title-92--443.ILLUSTRATION}
##### **92 Ill. Adm. Code 443.ILLUSTRATION** E Driver's Pre-Trip Inspection Requirements and Sample Form (repealed) {#sec-443.illustration omnilex-key=us-il-regs-official--title-92--443.ILLUSTRATION}
**History**
- *Source: Repealed at 22 Ill. Reg. 15371, effective August 7, 1998*
##### **92 Ill. Adm. Code 443.ILLUSTRATION** F School Bus Emergency Exits {#sec-443.illustration omnilex-key=us-il-regs-official--title-92--443.ILLUSTRATION}
School buses manufactured on or after September 1, 1994 may be equipped with additional exits. These additional exit requirements apply to school buses with an incomplete vehicle date of on or after September 1, 1994. The incomplete vehicle date can be found on the bus' federal certification label.
Each school bus will first be equipped with either a rear emergency door or a side emergency door and rear emergency window as stated in paragraphs (a) and (b).
The following Tables specify the required number of exits depending on the vehicle's passenger capacity and emergency exit configuration.
a) One rear emergency door that opens outward and is hinged on the right side (either side in the case of a bus with a GVWR of 10,000 pounds or less), and the additional exits, if any, specified by Table 1.
TABLE 1
Seating Capacity
Additions exists
required
1-45
None.
45-62
1 left side exit door or 2 exist windows
63-70
1 left side exit door or 2 exist windows, and 1 roof exit.
71 and above
1 left side exit door or 2 exit windows, and 1 roof exit, and any combination of door, roof, or windows such that the total capacity credit specified in Table 3 for these exits, plus 70, is greater than the seating capacity of the bus.
b) One emergency door on the vehicle's left side that is hinged on its forward side and a pushout rear window that provides a minimum opening clearance 16 inches high and 48 inches wide, and the additional exits, if any, specified by Table 2.
TABLE 2
Seating
Capacity
Additional exits
required
1-57
None.
58-74
1 right side exit door or 2 exit windows, and 1 roof exit.
75-82
1 right side exit door or 2 exit windows, and 1 roof exit.
83 and
above
1 right side exit door or 2 exit windows, and 1 roof exit, and any combination of door, roof, or windows such that the total capacity credit specified in Table 3 for these exits, plus 82, is greater than the seating capacity of the bus.
TABLE 3
Exit Type
Capacity Credit
Side Door
16
Window
8
Roof Exit
8
AGENCY NOTE: In order to explain the use of Table 3, the following example is provided:
The owner/operator of a 75 passenger bus can choose either a side door, window or roof exit to meet the additional exit requirements with buses with a seating capacity of 71 and above. If the owner/operator chooses a side door, he/she would add 16 and 70 for a sum of 86. As long as the sum is greater than the original passenger capacity of the bus, the exit choice is acceptable.
**History**
- *Source: Added at 22 Ill. Reg. 15371, effective August 7, 1998*
#### **Part 444** Construction Standards for School Buses Used in Special Transportation
##### **92 Ill. Adm. Code 444.5** Definitions {#sec-444.5 omnilex-key=us-il-regs-official--title-92--444.5}
"Gross Vehicle Weight Rating" or "GVWR" means the value specified by the manufacturer as the loaded weight of a single vehicle. (IVC Section 1-124.5)
"Individualized Education Program" or "IEP" means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with 34 CFR 300.320 (Definition of individualized education program) through 34 CFR 300.324 (Development, review, and revision of IEP). (34 CFR 300.20)
"Special Transportation" means transportation services that are required in accordance with a child's IEP or because of the location of the special education program or related services, and that are in addition to the regular transportation services provided by or for a local school district.
"Type I School Bus" means a school bus with a Gross Vehicle Weight Rating more than 10,000 pounds. (IVC Section 1-213.4)
"Type II School Bus" means a school bus with a Gross Vehicle Weight Rating of 10,000 pounds or less. (IVC Section 1-213.5)
"Wheelchair" means a wheeled seat frame for the support and conveyance of a physically disabled person, comprised of at least a frame, seat, and wheels. (49 CFR 571.222)
**History**
- *Source: Amended at 42 Ill. Reg. 16443, effective August 17, 2018*
##### **92 Ill. Adm. Code 444.10** General Requirements {#sec-444.10 omnilex-key=us-il-regs-official--title-92--444.10}
a) A school bus used for transporting children declared eligible for special transportation services shall comply with the applicable minimum safety standards for either a Type I or Type II school bus. (See 92 Ill. Adm. Code 440 and 442.)
b) Due to the nature of certain challenging conditions, vehicles utilized for special transportation shall be adapted to the specific needs of the children receiving this service. These needs may require modification of the minimum standards.
c) Equipment (e.g., additional restraints, harnesses) necessary for the transportation of special education students must be resolved in the student's IEP.
d) Certain children may be better transported in a manner not required by 49 CFR 571.222 or this Part. In those instances, the child's IEP must dictate what is necessary for the child and may override any existing regulation, provided the safety of other passengers is not jeopardized.
**History**
- *Source: Amended at 42 Ill. Reg. 16443, effective August 17, 2018*
##### **92 Ill. Adm. Code 444.15** Incorporation by Reference of Federal Motor Vehicle Safety Standards {#sec-444.15 omnilex-key=us-il-regs-official--title-92--444.15}
a) Buses that transport persons in wheelchairs shall comply with the applicable standards established in 49 CFR 571.222 (October 1, 2017).
b) If equipped, power lifts shall meet the public use lift requirements set forth in 49 CFR 571.403 (October 1, 2017), Platform Lift Systems for Motor Vehicles, and 49 CFR 571.404 (October 1, 2017), Platform Lift Installations in Motor Vehicles. (See Section 444.20 for additional requirements.)
c) All materials incorporated by reference in this Section are incorporated as of the date specified and do not include any later amendments or editions.
d) Copies of the above materials incorporated by reference are available for inspection at the Illinois Department of Transportation, 2300 S. Dirksen Parkway, Springfield IL 62764 or by calling (217)785-1181. The federal standards are also available on the U.S. Government Publishing Office's website at http://www.ecfr.gov.
**History**
- *Source: Amended at 42 Ill. Reg. 16443, effective August 17, 2018*
##### **92 Ill. Adm. Code 444.20** Special Equipment {#sec-444.20 omnilex-key=us-il-regs-official--title-92--444.20}
a) Special Service Door: A special service door may be located on the right side (i.e., passenger side) of the bus.
1) The door or doors, when open, shall not obstruct the passenger's side front service entrance door. The door opening shall be adequate to accommodate a wheelchair.
2) A device or devices shall be installed that will actuate an audible or visible signal (i.e., alarm or lamp) located in the driver's compartment, when the door opening is not securely closed.
3) Each door shall contain a fixed window as nearly as practical aligned with and of the same size as the other windows on the right side of the bus.
4) A positive fastening device shall be installed to hold the door or doors in an open position. Each hinged door shall open outwards and not extend past the rear bumper when in the fully open position. When the special service door or doors are completely open for loading and unloading a passenger in a wheelchair and being held by the fastening device, the audible alarm may be deactivated.
5) Door panels shall be constructed to be equivalent in strength and materials to other doors in the school bus.
6) Door opening posts and headers shall be reinforced sufficiently to provide support and strength equivalent to the driver's side of the bus. Outriggers from the chassis shall be installed at the front and/or rear of the door opening as necessary to support the floor so that it will carry the same passenger and/or cargo loads as other floor portions.
7) Requirements for Bi-Parting Doors only:
A) The door shall consist of two panels of approximately equal width hinged to the side of the bus and each panel shall open outward. Forward panels shall be provided with an overlapping flange to close the space where the door panels meet. Weatherstripping shall be provided to close all door edges.
B) The rear door panel shall be equipped with at least one manually operated fastening device connecting the panel to the floor or header. The forward door panel shall be equipped with at least two manually operated fastening devices, one to connect the panel to the floor and one to connect the panel to the header.
8) Special Lamp: A lamp shall be placed inside the bus above the special service door opening. The lamp shall illuminate the floor inside the opening and shall be operated from the lift door area or by the lift door latch.
b) Ramps: If a ramp is installed it shall be:
1) Of sufficient strength and rigidity to support the service load;
2) Covered with non-skid material and equipped with a protective flange on each longitudinal side;
3) Equipped with a handle or handles and of a weight to permit one person to put the ramp in place and to return it to storage; and
4) Of a length sufficient to allow for easy ingress and egress.
c) Power Lift: In addition to the public use lift requirements of 49 CFR 571.403 and 49 CFR 571.404, lifts shall be:
1) Equipped with a device that will prevent operation of the lift until the special service door is opened; and
2) Operable from both the interior and exterior of the vehicle.
d) Handrails: Steel handrails that measure not less than 10" shall be firmly attached on each side of the service door entranceway.
**History**
- *Source: Amended at 42 Ill. Reg. 16443, effective August 17, 2018*
##### **92 Ill. Adm. Code 444.30** Exception (repealed) {#sec-444.30 omnilex-key=us-il-regs-official--title-92--444.30}
**History**
- *Source: Repealed at 42 Ill. Reg. 16443, effective August 17, 2018*
#### **Part 445** Inspection Procedures for Special Education School Buses
##### **92 Ill. Adm. Code 445.10** Purpose and Scope {#sec-445.10 omnilex-key=us-il-regs-official--title-92--445.10}
a) Each school bus which is operated for transporting passengers who are persons with disabilities shall be equipped with an appropriate restraining or safety device for each such passenger. (Section 12-810 of the Illinois Vehicle Equipment Law)
b) This Part prescribes the requirements of the Illinois Department of Transportation governing:
1) Implementation of Article VIII of the Illinois Vehicle Equipment Law [625 ILCS 5/Ch. 12, Art. VIII]; and
2) Inspection procedures for special education school buses.
**History**
- *Source: Amended at 22 Ill. Reg. 16327, effective August 25, 1998*
##### **92 Ill. Adm. Code 445.20** Application {#sec-445.20 omnilex-key=us-il-regs-official--title-92--445.20}
This Part applies to the following persons:
a) Department personnel;
b) Owners of Official Testing Stations;
c) Employees of Official Testing Stations;
d) School bus operation managers; and
e) School bus drivers.
##### **92 Ill. Adm. Code 445.25** Incorporation by Reference of Federal Regulations {#sec-445.25 omnilex-key=us-il-regs-official--title-92--445.25}
Whenever this Part refers to the Code of Federal Regulations and that reference incorporates the federal regulations by reference, the federal regulations incorporated shall be that which was effective as of October 1, 1996, not including any later amendments or editions. Copies of appropriate federal regulations are available for inspection at the Department's Commercial Vehicle Safety Section, 3215 Executive Park Drive, Springfield, Illinois 62703, (217) 785-1181.
**History**
- *Source: Added at 22 Ill. Reg. 16327, effective August 25, 1998*
##### **92 Ill. Adm. Code 445.30** Standards of Construction {#sec-445.30 omnilex-key=us-il-regs-official--title-92--445.30}
a) "Shall" and "must" are used in the imperative sense. "Shall" imposes an obligation to act. "Must" defines a condition that is to be satisfied. "May" allows permissiveness under terms specified in the standards. "Will" indicates intention, promise or willingness.
b) Words imparting the masculine gender include the feminine.
c) Changes in the administration of the State school bus inspection program and changes to federal and State law have caused the purchase or manufacture date of school buses to be critical in the application of these regulations. The effective dates for some of these standards will vary.
1) Exemptions to some standards are provided for school buses purchased prior to September 1974, the effective date of the Department's "Vehicle Inspection Stations Governing School Buses."
2) Exemptions to some standards are provided for school buses manufactured prior to March 1977, the date of the Department's Order "Minimum Safety Standards for Construction of Type I School Buses."
3) Exemptions are provided for Type II school buses manufactured prior to October 1978, the date of the Department's Order "Minimum Safety Standards for Construction of Type II School Buses."
4) Some standards are identified with other effective dates. These standards are applicable to all school buses manufactured or purchased after the identified date or during the time frame specified.
##### **92 Ill. Adm. Code 445.40** Definitions {#sec-445.40 omnilex-key=us-il-regs-official--title-92--445.40}
"Body" – Portion of vehicle that encloses the occupant and cargo spaces and separates those spaces from the chassis frame, engine compartment, driveline, and other chassis components, except certain chassis controls used by the driver.
"Body-on-Chassis" – Completed vehicle consisting of a passenger seating body mounted on a truck type chassis (or other separate chassis) so that the body and chassis are separate entities, although one may reinforce or brace the other.
"Bus" – Every motor vehicle, other than a commuter van, designed for carrying more than ten persons. (Section 1-107 of the Illinois Vehicle Code (the Code) [625 ILCS 5/1-107])
"Chassis" – Every frame or supportive element of a school bus that contains but is not limited to the axles, engine, drive train, steering components, and suspension which the body is attached to. (Section 1-110.1 of the Code)
"Code" – The Illinois Vehicle Code [625 ILCS 5].
"Commercial Vehicle Safety Section (CVSS)" – A section of the Bureau of Safety Programs of the Division of Traffic Safety of the Illinois Department of Transportation.
"Department" – The Department of Transportation of the State of Illinois, acting directly or through its authorized agents or officers. (Section 13-100 of the Code)
"Empty Weight" – Unloaded vehicle weight; i.e., the weight of a vehicle with maximum capacity of all fluids necessary for operation of the vehicle but without cargo or occupant.
"Federal Motor Vehicle Safety Standards (FMVSS)" – The rules, regulations and standards set forth in 49 CFR 571.
"Illinois Vehicle Equipment Law" – 625 ILCS 5/Ch. 12.
"Individualized Education Program (IEP)" – A written statement for an exceptional child that provides at least a statement of the child's present levels of educational performance; annual goals and short-term instructional objectives; specific special education and related services (includes transportation); the extent of participation in the regular education program; the projected dates for initiation of services; anticipated duration of services; appropriate objective criteria and evaluation procedures; and a schedule for annual determination of short-term objectives. The following participants develop the child's IEP:
A representative of the local district, other than the child's teacher, who is authorized to commit services and who is qualified to provide or supervise the provision of special education.
The child's teacher.
One or both of the child's parents or guardians (if possible).
The child, where appropriate.
Other individuals at the discretion of the parent or local district.
"Manufacturer" – Unless otherwise indicated at the point of use, means the person or organization whose name follows "MANUFACTURED BY" or "MFD BY" on the federal and State certification label.
"Passenger" – Every occupant of the vehicle who is not the driver.
"Purchase Date" – Date when purchase transaction was completed, not when body or chassis was built.
"School Bus" –
Type I School Bus – A School Bus with gross vehicle weight rating of more than 10,000 pounds.
Type II School Bus – A School Bus with gross vehicle weight rating of 10,000 pounds or less. (Section 12-800 of the Illinois Vehicle Equipment Law)
Every motor vehicle, except as provided below, owned or operated by or for any of the following entities for the transportation of persons regularly enrolled as students in grade 12 or below in connection with any activity of such entity:
Any public or private primary or secondary school;
Any primary or secondary school operated by a religious institution; or
Any public, private or religious nursery school.
This definition shall not include the following:
A bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interurban transportation of passengers when such bus is not traveling a specific school bus route but is:
On a regularly scheduled route for the transportation of other fare paying passengers;
Furnishing charter service for the transportation of groups on field trips or other special trips or in connection with other special events; or
Being used for shuttle service between attendance centers or other educational facilities.
A motor vehicle of the first division.
A motor vehicle designed for the transportation of not less than 7 nor more than 16 persons that is operated by or for a public or private primary or secondary school, including any primary or secondary school operated by a religious institution, for the purpose of transporting not more than 15 students to and from interscholastic athletic or other interscholastic or school sponsored activities. (Section 1-182 of the Code)
"Seat Safety Belt" – Any strap, webbing, or similar device designed to secure a person in a motor vehicle in order to mitigate the results of any accident, including all necessary buckles and other fasteners, and all hardware designed for installing such seat belt assembly in a motor vehicle.
"Special Education School Buses" – Vehicles constructed to transport children with special needs which require the alteration of specific component requirements (i.e., ramps, lifts, wheelchair accommodations).
"Vehicle" –
First Division: Those motor vehicles which are designed for the carrying of not more than ten persons.
Second Division: Those vehicles which are designed for carrying more than ten persons, those designed or used for living quarters and those vehicles which are designed for pulling or carrying property, freight or cargo, those motor vehicles of the First Division remodeled for use and used as motor vehicles of the Second Division, and those motor vehicles of the First Division used and registered as school buses. (Section 1-217 of the Code)
"Wheelchair Occupant Restraints" – Any strap, webbing or similar device designed to secure a person in a wheelchair in order to mitigate the results of any accident, including all necessary buckles and other fasteners, and all hardware designed for installing such restraint in a school bus.
"Wheelchair Securement Anchorages" – The provision for transferring wheelchair securement loads to the vehicle structure. Commonly referred to as fastening devices. (49 CFR 571.222)
"Wheelchair Securement Device" – A strap, webbing or other device used for securing a wheelchair to the school bus, including all necessary buckles and other fasteners. (49 CFR 571.222)
**History**
- *Source: Amended at 22 Ill. Reg. 16327, effective August 25, 1998*
##### **92 Ill. Adm. Code 445.APPENDIX** A Procedures for Type I Special Education School Buses {#sec-445.appendix omnilex-key=us-il-regs-official--title-92--445.APPENDIX}
Generally, a school bus used for transporting children declared eligible for special transportation services shall comply with the applicable minimum standards for either a Type I school bus (see 92 Ill. Adm. Code 440) or a Type II school bus (see 92 Ill. Adm. Code 442). However, due to the nature of certain challenging conditions, vehicles utilized for special education transportation shall be adapted to the specific needs of the children receiving this service. These needs may require modification of the minimum standards. Equipment necessary for the transportation of special education students must be resolved in the student's Individualized Education Program.
The interior design of these vehicles will not be a cause for rejection provided an approval, issued by the Department, is presented to the Certified Safety Tester at the time of inspection.
a)
Grab Handles
PROCEDURES/SPECIFICATIONS:
Grab handles shall be provided on each side of front right service door only when this door is used for entry and exit of children.
REJECT VEHICLE IF:
Grab handles are not securely attached, do not meet requirements or are missing.
b)
Lifts and Ramps
PROCEDURES/SPECIFICATIONS:
Floor of ramp or lift shall be covered with nonskid material.
Protection against dust and water sufficient to ensure reliable operation must be present.
REJECT VEHICLE IF:
Lifts and ramps do not operate properly or do not meet requirements.
1)
Power Lift
PROCEDURES/SPECIFICATIONS:
If power lift is used, it shall be of sufficient capacity and dimension to lift maximum imposed load, lift at top and bottom travel limits shall provide easy entrance and exit from the lift.
If electricity is used, the alternator or generator and battery must be of increased capacity.
Controls shall be operable from both interior and exterior of vehicle.
Device shall be installed that will be used to prevent operation of lift until doors are opened.
In travel position, the lift must be in its uppermost position and securely fastened.
Vehicles of less than 54-passenger capacity constructed for transportation of handicapped children may have the fuel tank located behind rear wheels, inside or outside chassis frame, with fill pipe located on right side of body.
REJECT VEHICLE IF:
Power lift does not operate properly or does not meet requirements.
2)
Ramp
PROCEDURES/SPECIFICATIONS:
Ramp shall be of sufficient strength and rigidity to support the imposed load. Shall be equipped with protective flange on each longitudinal side to keep wheelchair on ramp.
Ramp shall be equipped with handle, or handles, and be of sufficient weight to permit one person to put ramp in place and return to storage place.
Ramp shall be connected to bus at floor level in such manner as to permit easy access of wheelchair to floor of bus.
Ramp length shall be sufficient for easy entry and exit.
REJECT VEHICLE IF:
Ramp does not operate properly; does not meet requirements.
c)
Over Center
Door Control
PROCEDURES/SPECIFICATIONS:
Over center door control shall be provided only when this door is used for entry and exit of children.
REJECT VEHICLE IF:
If installed, does not operate properly. Does not meet requirements. Missing when required.
d)
Seat Safety Belts
PROCEDURES/SPECIFICATIONS:
Passenger seats on Type I school buses are not required by State or federal law to be equipped with seat safety belts. However, seat safety belts may be required pursuant to a student's IEP or as stated below.
If seat safety belts are present, they must be firmly secure. They must not show excessive wear and the buckle must function properly. Each seat safety belt must be readily available for quick and easy use. If retractors are installed, they must be the automatic locking type.
Special education school buses may be equipped with passenger seats that do not have guard barriers installed in front of them. These passenger seats are to be used only by students' aides and must be equipped with seat safety belts at each location used by an aide. The school bus driver must present a letter from the Commercial Vehicle Safety Section approving this exception.
REJECT VEHICLE IF:
If present, seat safety belts are not firmly secure or show excessive wear, or buckle does not function properly.
Barrier is not present in front of aide's seat and no seat safety belts are provided. No letter of exception provided.
e)
Special Light
PROCEDURES/SPECIFICATIONS:
Light shall be placed inside bus over special service door opening, or at other location if shielded to prevent glare. The lamp shall illuminate the floor inside the opening and shall be operated from door area.
REJECT VEHICLE IF:
Special light does not operate properly, does not meet requirements or is missing.
f)
Special
Service Door
PROCEDURES/SPECIFICATIONS:
A special door opening may be located on right side of bus far enough to rear to prevent door, when open, from obstructing front right service door. Door opening shall be adequate to accommodate wheel chairs.
Door shall be equipped with device that will actuate audible or visible signal, located in driver's compartment, when special service door is not securely closed.
Each door shall contain a fixed or movable window aligned with and of same size (as nearly as practicable) as other windows on right side of bus.
Each door panel shall open outward and a positive fastening device shall be installed to hold door in open position. When the special service door is completely open for loading and unloading passengers with special needs and being held by the fastening device the audible alarm can be deactivated.
Door panels shall be constructed to be equivalent in strength and materials to other school bus doors.
Door posts and headers shall be reinforced sufficiently to provide support and strength equivalent to area of side of bus not used for service doors. Outriggers from chassis shall be installed at front and rear of door openings to support floor with same strength as other floor portions.
Bi-parting doors (if installed) must meet the following requirements:
Bi-parting door shall be made of two panels of approximately equal width. They shall be hinged to side of bus and each panel shall open outward. Forward panels shall be provided with overlapping flange to close space where door panels meet and weather seal shall be provided to close all door edges.
Bi-parting door shall be equipped with at least one-point fastening device on rear panel to floor or header and at least two-point fastening device to floor and header on forward floor door panel, both manually operated.
Sliding doors are acceptable provided they meet manufacturer's specifications.
REJECT VEHICLE IF:
Special service door does not operate properly; does not meet requirements; audible or visible alarm does not work or is missing.
Bi-parting or sliding doors do not operate properly. Do not meet requirements. Door does not seal properly. Weather seal is cracked or missing.
g)
Wheelchair
Occupant
Restraints
PROCEDURES/SPECIFICATIONS:
1)
For buses manufactured prior to January 17, 1994, appropriate and adequate wheelchair occupant restraints must be installed at each wheelchair location which transports a student in a wheelchair. The restraints must be securely anchored to the wheelchair or the floor of the vehicle.
2)
For buses manufactured on or after January 17, 1994, each wheelchair location that transports a student in a wheelchair must be equipped with:
A)
Not less than one anchorage for the upper end of the upper torso restraint;
B)
Not less than two floor anchorages for wheelchair occupant pelvic and upper torso restraint; and
C)
Wheelchair occupant pelvic and upper torso restraints. (49 CFR 571.222)
REJECT VEHICLE IF:
Wheelchair occupant restraints do not meet requirements.
h)
Wheelchair
Securement
Anchorage
PROCEDURES/SPECIFICATIONS:
In buses manufactured prior to January 17, 1994, positive wheelchair securement anchorages shall be provided and attached to the floor, walls, or both, that will securely hold wheelchair in position in bus.
In buses manufactured on or after January 17, 1994, each wheelchair location must be equipped with forward-facing wheelchair securement anchorages. Additional securement anchorages which allow other than forward-facing orientation can be added to a wheelchair location provided the forward-facing anchorages are not altered and the additional anchorages meet the same standards as the existing fastening devices. (49 CFR 571.222)
In buses manufactured on or after January 17, 1994, each wheelchair location must be equipped with two wheelchair securement anchorages in the rear and two anchorages in the front. Each securement device must be either of webbing or strap and provide means of adjustment or of a design that provides limited movement. (49 CFR 571.222)
REJECT VEICLE IF:
In buses manufactured prior to January 17, 1994, wheelchair securement anchorages do not securely hold wheelchair to floor, walls or both.
In buses manufactured on and after January 17, 1994:
1)
Each wheelchair location is not equipped with forward-facing wheelchair securement anchorages. Additional anchorages do not meet same standards as existing anchorages.
2)
Wheelchair securement anchorages do not meet requirements.
**History**
- *Source: Amended at 22 Ill. Reg. 16327, effective August 25, 1998*
##### **92 Ill. Adm. Code 445.APPENDIX** B Procedures for Type Ii Special Education School Buses {#sec-445.appendix omnilex-key=us-il-regs-official--title-92--445.APPENDIX}
Generally, a school bus used for transporting children declared eligible for special transportation services shall comply with the applicable minimum standards for either a Type I school bus (see 92 Ill. Adm. Code 440) or a Type II school bus (see 92 Ill. Adm. Code 442). However, due to the nature of certain challenging conditions, vehicles utilized for special education transportation shall be adapted to the specific needs of the children receiving this service. These needs may require modification of the minimum standards. Equipment necessary for the transportation of special education students must be resolved in the student's Individualized Education Program.
The interior design of these vehicles will not be a cause for rejection provided an approval, issued by the Department, is presented to the Certified Safety Tester at the time of inspection.
a)
Grab Handles
PROCEDURES/SPECIFICATIONS:
Grab handles shall be provided on each side of front right service door only when this door is used for entry and exit of children.
REJECT VEHICLE IF:
Grab handles are not securely attached, do not meet requirements or are missing.
b)
Lifts and Ramps
PROCEDURES/SPECIFICATIONS:
Floor of ramp or lift shall be covered with nonskid material.
Protection against dust and water sufficient to ensure reliable operation must be present.
REJECT VEHICLE IF:
Lifts and ramps do not operate properly or do not meet requirements.
1)
Power Lift
PROCEDURES/SPECIFICATIONS:
If power lift is used, it shall be of sufficient capacity and dimension to lift maximum imposed load, lift at top and bottom travel limits shall provide easy entrance and exit from the lift.
If electricity is used, the alternator or generator and battery must be of increased capacity.
Controls shall be operable from both interior and exterior of vehicle.
Device shall be installed that will be used to prevent operation of lift until doors are opened.
In travel position, the lift must be in its uppermost position and securely fastened.
Vehicles of less than 54-passenger capacity constructed for transportation of handicapped children may have the fuel tank located behind rear wheels, inside or outside chassis frame, with fill pipe located on right side of body.
REJECT VEHICLE IF:
Power lift does not operate properly or does not meet requirements.
2)
Ramp
PROCEDURES/SPECIFICATIONS:
Ramp shall be of sufficient strength and rigidity to support the imposed load. Shall be equipped with protective flange on each longitudinal side to keep wheelchair on ramp.
Ramp shall be equipped with handle, or handles, and be of sufficient weight to permit one person to put ramp in place and return to storage place.
Ramp shall be connected to bus at floor level in such manner as to permit easy access of wheelchair to floor of bus.
Ramp length shall be sufficient for easy entry and exit.
REJECT VEHICLE IF:
Ramp does not operate properly or does not meet requirements.
c)
Over Center
Door Control
PROCEDURES/SPECIFICATIONS:
Over center door control shall be provided only when this door is used for entry and exit of children.
REJECT VEHICLE IF:
If installed, does not operate properly, does not meet requirements or is missing when required.
d)
Seat Safety Belts
PROCEDURES/SPECIFICATIONS:
In buses manufactured on or after April 1, 1977, seat safety belts are required at each designated seating position and must meet all applicable requirements of 49 CFR 571.222.
Each seat safety belt must be readily available for quick and easy use. They must not show excessive wear and the buckle must function properly. If retractors are installed, they must be the automatic locking type.
Special education school buses may be equipped with passenger seats that do not have guard barriers installed in front of them. These passenger seats are to be used only by students' aides and must be equipped with seat safety belts at each location used by an aide. The school bus driver must present a letter from the Commercial Vehicle Safety Section approving this exception.
In buses manufactured prior to April 1, 1977, seat belts are optional.
REJECT VEHICLE IF:
Seat safety belts do not meet requirements.
Barrier is not present in front of aide's seat and no seat safety belt is provided. No letter of exception provided.
e)
Special Light
PROCEDURES/SPECIFICATIONS:
Light shall be placed inside bus over special service door opening, or at other location if shielded to prevent glare. The lamp shall illuminate the floor inside the opening and shall be operated from door area.
REJECT VEHICLE IF:
Special light does not operate properly, does not meet requirements or is missing.
f)
Special
Service Door
PROCEDURES/SPECIFICATIONS:
A special door opening may be located on right side of bus far enough to rear to prevent door, when open, from obstructing front right service door. Door opening shall be adequate to accommodate wheel chairs.
Door shall be equipped with device that will actuate audible or visible signal, located in driver's compartment, when special service door is not securely closed.
Each door shall contain a fixed or movable window aligned with and of same size (as nearly as practicable) as other windows on right side of bus.
Each door panel shall open outward and a positive fastening device shall be installed to hold door in open position. When the special service door is completely open for loading and unloading passengers with special needs and being held by the fastening device the audible alarm can be deactivated.
Door panels shall be constructed to be equivalent in strength and materials to other school bus doors.
Door posts and headers shall be reinforced sufficiently to provide support and strength equivalent to area of side of bus not used for service doors. Outriggers from chassis shall be installed at front and rear of door openings to support floor with same strength as other floor portions.
Bi-parting doors (if installed) must meet the following requirements:
Bi-parting door shall be made of two panels of approximately equal width. They shall be hinged to side of bus and each panel shall open outward. Forward panels shall be provided with overlapping flange to close space where door panels meet and weather seal shall be provided to close all door edges.
Bi-parting door shall be equipped with at least one-point fastening device on rear panel to floor or header and at least two-point fastening device to floor and header on forward floor door panel, both manually operated.
Sliding doors are acceptable provided they meet manufacturer's specifications.
REJECT VEHICLE IF:
Special service door does not operate properly. Does not meet requirements. Audible or visible alarm does not work or is missing.
Bi-parting or sliding doors do not operate properly or do not meet requirements. Door does not seal properly. Weather seal is cracked or missing.
g)
Wheelchair
Occupant
Restraints
PROCEDURES/SPECIFICATIONS:
1)
For buses manufactured prior to January 17, 1994, appropriate and adequate wheelchair occupant restraints must be installed at each wheelchair location which transports a student in a wheelchair. The restraints must be securely anchored to the wheelchair or the floor of the vehicle.
2)
For buses manufactured on or after January 17, 1994, each wheelchair location which transports a student in a wheelchair must be equipped with:
A)
Not less than one anchorage for the upper end of the upper torso restraint;
B)
Not less than two floor anchorages for wheelchair occupant pelvic and upper torso restraint; and
C)
Wheelchair occupant pelvic and upper torso restraints. (49 CFR 571.222)
REJECT VEHICLE IF:
Wheelchair occupant restraints do not meet requirements.
h)
Wheelchair
Securement
Anchorage
PROCEDURES/SPECIFICATIONS:
In buses manufactured prior to January 17, 1994, positive wheelchair securement anchorages shall be provided and attached to the floor, walls, or both, that will securely hold wheelchair in position in bus.
In buses manufactured on or after January 17, 1994, each wheelchair location must be equipped with forward-facing wheelchair securement anchorages. Additional securement anchorages that allow other than forward-facing orientation can be added to a wheelchair location provided the forward-facing anchorages are not altered and the additional anchorages meet the same standards as the existing fastening devices. (49 CFR 571.222)
In buses manufactured on or after January 17, 1994, each wheelchair location must be equipped with two wheelchair securement anchorages in the rear and two anchorages in the front. Each securement device must be either of webbing or strap and provide means of adjustment or of a design that provides limited movement. (49 CFR 571.222)
REJECT VEICLE IF:
In buses manufactured prior to January 17, 1994, wheelchair securement anchorages do not securely hold wheelchair to floor, walls or both.
In buses manufactured on and after January 17, 1994:
1)
Each wheelchair location is not equipped with forward-facing wheelchair securement anchorages. Additional anchorages do not meet same standards as existing anchorages.
2)
Wheelchair securement anchorages do not meet requirements.
**History**
- *Source: Amended at 23 Ill. Reg. 8447, effective July 8, 1999*
#### **Part 446** Rates to Be Charged by Official Testing Stations for School Buses
##### **92 Ill. Adm. Code 446.101** General Information {#sec-446.101 omnilex-key=us-il-regs-official--title-92--446.101}
a) Scope of Rules. These rules prescribe the requirements of the Illinois Department of Transportation governing the rates to be charged for safety test of school buses and prescribe the practices and procedures which shall govern all hearings conducted by the Department relating to rates charged by Official Testing Stations.
b) Applicability. These rules apply to every operator of an Official Testing Station conducting safety tests of school buses.
c) References. These rules shall be referred to as the "Rules on Rates for School Buses".
##### **92 Ill. Adm. Code 446.102** Information; Special Instructions {#sec-446.102 omnilex-key=us-il-regs-official--title-92--446.102}
Information as to procedure under the rules in this Part and instructions supplementing this Part in special instances, will be furnished upon written application to the Director, Division of Traffic Safety, Illinois Department of Transportation, 1340 North 9th Street, P.O. Box 19212, Springfield, Illinois 62794-9212.
**History**
- *Source: Amended at 35 Ill. Reg. 3551, effective February 10, 2011*
##### **92 Ill. Adm. Code 446.103** Communications and Pleadings {#sec-446.103 omnilex-key=us-il-regs-official--title-92--446.103}
a) How Addressed. All communications and pleadings should, unless otherwise specifically directed, be addressed and submitted to: Director, Division of Traffic Safety, Illinois Department of Transportation, 1340 North 9th Street, P.O. Box 19212, Springfield, Illinois 62794-9212. A communication should clearly designate the docket number, if any, and short title of any proceeding to and about which it is directed. The person communicating shall state his or her address, and the party he or she represents.
b) Timely Filing Required. All documents required or permitted to be filed under this Part must be received for filing at the offices of the Department's Division of Traffic Safety in Springfield, Illinois, within the time limits for that filing. The date of receipt at the Department and not the date of deposit in the mail is determinative, provided, however, that if the document is mailed by certified, registered, or express mail postmarked at least two days prior to the due date, it will be accepted as timely filed.
c) Defective Filing. When, upon inspection, the Department is of the opinion that a document tendered for filing does not comply with this Part or does not sufficiently set forth material required by any form of the Department, the Department may decline to accept the document for filing and may return it unfiled or the Department may accept it for filing and advise the person tendering it of the deficiency and require that the deficiency be corrected.
**History**
- *Source: Amended at 35 Ill. Reg. 3551, effective February 10, 2011*
##### **92 Ill. Adm. Code 446.104** Definitions {#sec-446.104 omnilex-key=us-il-regs-official--title-92--446.104}
As used in this Part:
"Code" means the Illinois Vehicle Code [625 ILCS 5].
"Commercial Vehicle Safety Section" or "Section" means a section of the Bureau of Safety Programs of the Division of Traffic Safety, Illinois Department of Transportation.
"Department" means the Department of Transportation of the State of Illinois, acting directly or through its duly authorized officers and agents. (Section 1-115.05 of the Code)
"Director" means the Director of the Division of Traffic Safety of the Illinois Department of Transportation.
"Division" means the Illinois Department of Transportation, Division of Traffic Safety.
"Official Testing Station" means all contiguous real and personal property that houses the testing lanes and all equipment and supplies relating to the safety testing of vehicles.
"Person" means every natural person, firm, copartnership, association or corporation. (Section 1-159 of the Code)
"Rate" or "Charge" means the monetary charge to any person offering a school bus for a safety test pursuant to Section 13-106 of the Code.
"Safety test" means the inspection of vehicles and components required to be tested by the Illinois Vehicle Equipment Law [625 ILCS 5/12-101 through 12-902], the Illinois Vehicle Inspection Law [625 ILCS 5/13-100.1 through 13-117] and 92 Ill. Adm. Code 451, Administrative Requirements for Official Testing Stations.
"School bus" means every motor vehicle, except as provided in this definition, owned or operated by or for any of the following entities for the transportation of persons regularly enrolled as students in grade 12 or below in connection with any activity of such entity:
Any public or private primary or secondary school;
Any primary or secondary school operated by a religious institution; or
Any public, private or religious nursery school.
This definition shall not include the following:
A bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interurban transportation of passengers when such bus is not traveling a specific school bus route but is:
On a regularly scheduled route for the transportation of other fare paying passengers;
Furnishing charter service for the transportation of groups on field trips or other special trips or in connection with other special events; or
Being used for shuttle service between attendance centers or other educational facilities.
A motor vehicle of the first division.
A multifunction school-activity bus. (See Section 1-182 of the Code.)
"Secretary" means the Secretary of the Illinois Department of Transportation.
**History**
- *Source: Amended at 35 Ill. Reg. 3551, effective February 10, 2011*
##### **92 Ill. Adm. Code 446.105** Rules of Construction {#sec-446.105 omnilex-key=us-il-regs-official--title-92--446.105}
a) In these Rules unless the context required otherwise:
1) Words imparting the singular include the plural;
2) Words imparting the plural include the singular;
3) Words imparting the masculine gender include the feminine.
b) In these Rules, the word:
1) "Shall" is used in an imperative sense;
2) "Must" is used in an imperative sense;
3) "Should" is used in a recommendatory sense;
4) "May" is used in a permissive sense to state authority or permission to do the act described and the words "no person may * * * " or "a person may not * * * " means that no person is required, authorized or permitted to do the act described; and
5) "Includes" is used as a word of inclusion not limitation.
##### **92 Ill. Adm. Code 446.106** Regulatory Dockets {#sec-446.106 omnilex-key=us-il-regs-official--title-92--446.106}
a) Information and data relating to Department actions pursuant to this Part are maintained by the Bureau of Safety Programs, Division of Traffic Safety, Illinois Department of Transportation, 1340 North 9th Street, P.O. Box 19212, Springfield, Illinois 62794-9212.
b) Any person may examine and copy any docketed material at the offices of the Division during regular business hours.
**History**
- *Source: Amended at 35 Ill. Reg. 3551, effective February 10, 2011*
##### **92 Ill. Adm. Code 446.107** Appearances {#sec-446.107 omnilex-key=us-il-regs-official--title-92--446.107}
Any person either involved in or entitled to participate in proceedings may appear as follows:
a) A natural person may appear in his own behalf or through counsel of his choice;
b) A business, non-profit or governmental organization may appear by an officer, employee or representative, or may be represented by counsel of its choice;
c) Any attorney appearing in a representative capacity shall file a written notice of appearance.
##### **92 Ill. Adm. Code 446.201** Typographical Specifications {#sec-446.201 omnilex-key=us-il-regs-official--title-92--446.201}
Except as otherwise provided, all documents shall be typewritten or reproduced from typewritten copy on unglazed white paper measuring 8½" x 11". Margins of at least one inch shall be allowed on the left and right margins. Reproduction of documents may be by any process provided the copies are clear and permanently legible. Typewritten documents must be double-spaced, except that long quotations may be single-spaced and indented. Lengthy documents should be accompanied by an index. Failure to observe these specifications may result in rejection.
##### **92 Ill. Adm. Code 446.202** Copies {#sec-446.202 omnilex-key=us-il-regs-official--title-92--446.202}
Except as otherwise provided in these rules, an original copy of all documents, including complaints, motions, petitions and notices of appeal, shall be filed with the Director and shall bear the docket number and the title of the proceeding in connection with which they are filed.
##### **92 Ill. Adm. Code 446.203** Time {#sec-446.203 omnilex-key=us-il-regs-official--title-92--446.203}
a) Computation. In computing any period of time prescribed or allowed by these rules, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless it is Saturday, Sunday, or a legal holiday in the State of Illinois, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor a holiday. This rule shall apply to the measurement of time forward, as well as backward from a specified date.
b) When the date designated for filing briefs or other documents is a Saturday, Sunday or a legal holiday in the State of Illinois, that date shall be extended to the next day which is neither a Saturday, Sunday nor a legal holiday in the State of Illinois.
c) Modification. Any time period may, upon request and for good cause shown, be modified by the Director in his discretion. Request for extensions or modifications of time must be served on all parties at the same time and by the same method of communication as service is made on the Department. Only the original of the request need be filed with the Department.
##### **92 Ill. Adm. Code 446.204** Service {#sec-446.204 omnilex-key=us-il-regs-official--title-92--446.204}
a) Each order, notice, or other document required to be served under these Rules shall be served personally or by first class, registered or certified mail, except as otherwise provided.
b) Service upon a person's duly authorized representative constitutes service upon that person.
c) Service by registered or certified mail is complete upon mailing. An official United States Postal Service receipt for registered or certified mail constitutes prima facie evidence of service.
d) One copy of each order, notice or other document must be served on each party. Service on any party shall be by the same means employed in serving all other parties.
##### **92 Ill. Adm. Code 446.301** General Requirements {#sec-446.301 omnilex-key=us-il-regs-official--title-92--446.301}
a) No operator of an Official Testing Station shall make, establish, implement, collect or otherwise enforce any rate or charge or schedule of rates or charges for performing a safety test for any school bus unless that rate or charge or schedule of rates or charges has been made or established in accordance with the provisions of this Part.
b) No operator of an Official Testing Station shall change any rate or charge or schedule of rates or charges unless that change has been made in accordance with the provisions of this Part.
c) No applicant for a school bus Official Testing Station permit shall be issued that permit unless the applicant, in accordance with the provisions of this Part, has filed with the Department a proposed schedule of rates and charges and the Department has approved that schedule.
##### **92 Ill. Adm. Code 446.302** Application for Rate Approval {#sec-446.302 omnilex-key=us-il-regs-official--title-92--446.302}
a) Every operator of a currently licensed school bus Official Testing Station must file with the Department a schedule of all rates and charges intended to be made by the applicant for performing a safety test on school buses and for which he or she seeks the approval of the Department. Each application for approval shall be submitted on the form provided by the Department by mailing or delivering that form to: Commercial Vehicle Safety Section, Illinois Department of Transportation, 1340 North 9th Street, P.O. Box 19212, Springfield, Illinois 62794-9212.
b) Each applicant for an Official Testing Station Permit shall file with the Department a proposed schedule of all rates and charges intended to be made by the applicant for performing a safety test on school buses and for which he or she seeks the approval of the Department. Each application made under this subsection (b) shall be filed by the applicant with his or her application for a station permit pursuant to 92 Ill. Adm. Code 451 – Administrative Requirements for Official Testing Stations. The applicant shall submit his or her proposed schedule on the form provided by the Department by mailing or delivering that form to: Commercial Vehicle Safety Section, Illinois Department of Transportation, 1340 North 9th Street, P.O. Box 19212, Springfield, Illinois 62794-9212.
c) A schedule of rates and charges filed with the Department under subsections (a) and (b) of this Section shall include an amount to reimburse the operator of an Official Testing Station for the purchase from the Department of the Certificate of Safety required by Section 13-109 of the Code. The reimbursement shall not exceed the fee paid by the operator to the Department for the certificate.
**History**
- *Source: Amended at 35 Ill. Reg. 3551, effective February 10, 2011*
##### **92 Ill. Adm. Code 446.303** Initial Application Review {#sec-446.303 omnilex-key=us-il-regs-official--title-92--446.303}
In the case of an application for rate approval under Section 446.302, the Section reviews the application to determine whether it is complete and conforms to the requirements of this Part. This determination will be made within 15 days of the receipt of the application. If the application is not returned to the applicant by the end of that period, it will be processed as provided in Section 446.304. If an application is returned, the applicant will be informed in what respects the application is incomplete.
##### **92 Ill. Adm. Code 446.304** Processing of Application {#sec-446.304 omnilex-key=us-il-regs-official--title-92--446.304}
a) Any and all rates and charges to be made by an operator of an Official Testing Station for performing a safety test on school buses shall be approved by the Department prior to the rates and charges becoming effective.
b) After an application for rate approval is determined to be complete, the Section processes the application. No public hearing, argument, or other formal proceeding is held directly on an application filed under Section 446.302.
c) If the Section determines pursuant to Section 446.402 that the rates and charges proposed are not just and reasonable, it denies the application and notifies the applicant in writing, together with the reasons therefor.
d) If the Section determines pursuant to Section 446.402 that the rates and charges proposed are just and reasonable, it grants the application and notifies the applicant in writing.
##### **92 Ill. Adm. Code 446.305** Withdrawal {#sec-446.305 omnilex-key=us-il-regs-official--title-92--446.305}
a) An applicant may withdraw an application for rate approval at any time prior to it being finally determined.
b) Withdrawal of an application does not authorize the removal of any related records from the dockets or files of the Division.
##### **92 Ill. Adm. Code 446.306** Application for Rate Change {#sec-446.306 omnilex-key=us-il-regs-official--title-92--446.306}
a) Any operator of an Official Testing Station who desires to change his or her schedule of rates and charges filed with and approved by the Department shall file with the Department the new schedule of rates and charges proposed to be made for performing a safety test on school buses.
b) Applications under subsection (a) of this Section shall be submitted on the form provided by the Department by mailing or delivering that form to: Commercial Vehicle Safety Section, Illinois Department of Transportation, 1340 North 9th Street, P.O. Box 19212, Springfield, Illinois 62794-9212.
c) Applications under this Section shall initially be reviewed as provided in Section 446.303 and processed as provided in Section 446.304.
d) Withdrawals of applications under this Section shall be governed by Section 446.305.
e) If a proposed change in an applicant's rate or charge is disallowed or denied by the Section, an applicant may file a written petition under Section 446.307. All hearings scheduled under this subsection (e) shall be conducted in accordance with the provisions of Sections 446.501, 446.502, 446.503, 446.504 and 446.505.
**History**
- *Source: Amended at 35 Ill. Reg. 3551, effective February 10, 2011*
##### **92 Ill. Adm. Code 446.307** Appeal {#sec-446.307 omnilex-key=us-il-regs-official--title-92--446.307}
a) If a proposed rate or charge or proposed change in rates or charges is disallowed or disapproved by the Section, an applicant may file, within 15 days after the applicant is notified of the disallowance or disapproval, a written petition with the Director for a hearing seeking approval of its proposed rates or charges or proposed change in rates or charges.
b) The petition for approval of disallowed rates must:
1) State the name and address of the person making the request and of the Official Testing Station involved;
2) Include a statement of ownership of the Official Testing Station, together with the date said ownership commenced;
3) Include a statement setting forth the current rates charged by the lane operator;
4) Include a statement setting forth with particularity the reasons why the lane operator seeks to amend the rates currently being charged;
5) Include a statement of the new rates for which petitioner seeks approval;
6) Include, if applicable, a statement relating to the necessity of obtaining a change in the rates being charged; and
7) State or include any other matters upon which the petitioner bases his request for a hearing.
c) All hearings scheduled under this Section shall be conducted in accordance with the provisions of Sections 446.501, 446.502, 446.503, 446.504 and 446.505.
##### **92 Ill. Adm. Code 446.401** General Requirements {#sec-446.401 omnilex-key=us-il-regs-official--title-92--446.401}
a) Any and all rates or charges made by an operator of an Official Testing Station for performing a safety test for a school bus shall be just and reasonable.
b) A rate of charge is "just and reasonable" if it is the same, or nearly the same, as the prevailing rate of charge for the same or similar tests made in the community where the official testing station is located.
##### **92 Ill. Adm. Code 446.402** Rates or Charges {#sec-446.402 omnilex-key=us-il-regs-official--title-92--446.402}
The following rates or charges for safety inspections of school buses have been determined by the Department to be prima facie just and reasonable rates or charges for the counties indicated. An application for a charge or rate equal to or less than the specified charge or rate will be approved. An application for a charge or rate in excess of the specified charge or rate will be disapproved. If a proposed rate or charge is disapproved by the Section, an applicant may appeal the disapproval to the Director under Section 446.307.
1
Cook, DuPage, Grundy, Kankakee, Kendall, Lake, Will
$26.00
2
Boone, DeKalb, Jo Daviess, Kane, McHenry, Stephenson, Winnebago
$26.50
3
Bureau, Carroll, Fulton, Henderson, Henry, Knox, LaSalle, Lee, Livingston, Marshall, Mercer, Ogle, Putnam, Rock Island, Stark, Warren, Whiteside
$29.00
4
Mason, Menard, Morgan, Peoria, Sangamon, Tazewell, Woodford
$30.00
5
DeWitt, Logan, Macon, McLean
$28.50
6
Adams, Brown, Calhoun, Cass, Greene, Hancock, Jersey, Macoupin, McDonough, Pike, Schuyler, Scott
$27.00
7
Coles, Champaign, Douglas, Edgar, Ford, Iroquois, Moultrie, Piatt, Shelby, Vermilion
$31.50
8
Bond, Christian, Clay, Clinton, Effingham, Fayette, Jasper, Marion, Montgomery
$32.50
9
Madison, St. Clair
$30.50
10
Jackson, Monroe, Perry, Randolph, Union, Washington
$34.50
11
Alexander, Clark, Crawford, Cumberland, Edwards, Franklin, Gallatin, Hamilton, Hardin, Jefferson, Johnson, Lawrence, Massac, Pope, Pulaski, Richland, Saline, Wabash, Wayne, White, Williamson
$30.00
**History**
- *Source: Amended at 35 Ill. Reg. 3551, effective February 10, 2011*
##### **92 Ill. Adm. Code 446.403** Enforcement {#sec-446.403 omnilex-key=us-il-regs-official--title-92--446.403}
a) The Department upon its own initiative or upon verified complaint of any person may require the operator of an Official Testing Station to appear at a hearing and prove that the rates or charges so filed with the Department are just and reasonable.
b) The procedures in Sections 446.601, 446.602, 446.603, 446.604 and 446.605 shall govern the proceedings under paragraph (a) of this Section.
##### **92 Ill. Adm. Code 446.501** Request for Hearing {#sec-446.501 omnilex-key=us-il-regs-official--title-92--446.501}
a) If the Department disallows the rates or charges set forth in a schedule which an operator has filed with the Department pursuant to Section 13-106 of the Illinois Vehicle Code and these Rules or any application of an operator to change those rates or charges, the operator may request a hearing upon notification of that disallowance, as provided in Section 446.307.
b) After a petition for hearing, which complies with the requirement of Section 446.307 is received, the Director schedules a hearing for the earliest date.
c) The Director may grant extensions of the time of the commencement of the hearing for good cause shown.
##### **92 Ill. Adm. Code 446.502** Notice and Place of Hearing {#sec-446.502 omnilex-key=us-il-regs-official--title-92--446.502}
a) Hearings on petitions filed by operators of Official Testing Stations will be held at either of the offices of the Department at 201 West Center Court, Schaumburg, Illinois or at 1340 North 9th Street, Springfield, Illinois or at another location designated by the Department.
b) The Department shall give notice of the hearing to the person requesting the hearing and to the Department's Office of Chief Counsel.
**History**
- *Source: Amended at 35 Ill. Reg. 3551, effective February 10, 2011*
##### **92 Ill. Adm. Code 446.503** Hearings {#sec-446.503 omnilex-key=us-il-regs-official--title-92--446.503}
a) When a hearing is requested and scheduled under Section 446.501, a presiding officer designated by the secretary, convenes and presides over the hearing. Testimony by witnesses shall be given under oath and the hearing shall be recorded verbatim.
b) The presiding officer may:
1) Administer oaths and affirmations;
2) Adopt procedures for the submission of evidence in written form;
3) Rule on offers of proof and receive relevant evidence;
4) Examine witnesses at the hearings;
5) Convene, recess, reconvene, adjourn and otherwise regulate the course of the hearing;
6) Hold conferences for settlement, simplification of issues, or any other proper purpose; and
7) Take any other action authorized by or consistent with the provisions of this Part and permitted by law which may expedite the hearing or aid in the disposition of an issue raised therein.
c) The petitioner has the burden of proving the facts alleged in his Petition for Approval of Disallowed Rates, or Petition for Approval of rate change, including proof that the disallowed rate(s) is just an reasonable.
d) The petitioner may offer such relevant information and testimony as may be necessary to fully inform the presiding officer as to the matter concerned, and conduct such cross-examination as may be required for a full disclosures of the facts.
e) The presiding officer shall take into consideration the following factors in addition to any other relevant material prior to issuing a decision.
1) Average length of time to complete a safety test.
2) Average shop rate.
3) Average hourly rates of pay for journeyman mechanics and certified safety testers.
4) The current and/or propose rates and charges.
##### **92 Ill. Adm. Code 446.504** Presiding Officer's Decision {#sec-446.504 omnilex-key=us-il-regs-official--title-92--446.504}
After consideration of the evidence of record, the presiding officer may dismiss the petition in whole or in part, and enter an order to that effect. If he does not dismiss it in whole, he will issue and serve on the parties an order approving the rate(s) or change in rate(s) determined by the presiding officer to be just and reasonable. The order will include a statement of findings and conclusions as well as the reasons therefor on all material issues of fact, law and discretion.
##### **92 Ill. Adm. Code 446.505** Appeal {#sec-446.505 omnilex-key=us-il-regs-official--title-92--446.505}
A petitioner aggrieved by a presiding officer's decision and order issued under Section 446.504 may file an appeal with the Secretary. The appeal must be filed within ten days of service of the presiding officer's order. A decision by the Secretary is administratively final.
##### **92 Ill. Adm. Code 446.601** Notice {#sec-446.601 omnilex-key=us-il-regs-official--title-92--446.601}
a) Whenever the Department upon its own initiative, or upon verified complaint of any person, intends to convene a hearing for the purpose of requiring the operator of an Official Testing Station to prove that the rates filed by that operator are just and reasonable, the Department begins the proceeding by serving a Notice on the operator.
b) The Notice required by paragraph (a) of this section shall include:
1) A statement of the provision(s) of the law and regulations which the operator is believed to be violating;
2) A statement of the factual allegation(s) upon which the Department relies in its belief that the rates and charges filed by this operator are unjust or unreasonable;
3) A statement of the remedial action being sought by the Department;
4) A statement of the operator's right to present written or oral explanations, information or any materials in answer to the allegations;
5) A statement of the operator's right to request a hearing and the procedures for requesting a hearing.
c) The Department may amend a notice issued under this Section at any time before entering of a final order. If an amendment includes any new material allegation of fact, the operator shall be given an opportunity to respond.
##### **92 Ill. Adm. Code 446.602** Complaints {#sec-446.602 omnilex-key=us-il-regs-official--title-92--446.602}
a) Whenever any person intends to complain to the Department about the justness or reasonableness of any rate or charge filed by any operator with the Department, that person shall make the complaint in writing and mail or submit it to: Commercial Vehicle Safety Section, Illinois Department of Transportation, 1340 North 9th Street, P.O. Box 19212, Springfield, Illinois 62794-9212.
b) Each complaint shall include:
1) the name, address and telephone number of the person making the complaint;
2) a statement whether the complainant owns or operates an Official Testing Station, and if applicable, the name, business address and telephone number of that Official Testing Station;
3) the name and, if known, the business address, of the operator against whom the person complains;
4) A description or statement of the rates about which the person complains;
5) a statement setting forth in detail the specific facts and reasons why the person believes the rates about which that person complains are unjust or unreasonable; and
6) any information, document or other matters upon which the person relies.
c) The facts asserted in any complaint must be sworn to by persons having knowledge of those facts. Except under unusual circumstances, those persons should be available to appear as witnesses at a hearing convened by the Department to substantiate the facts asserted should a hearing become necessary.
d) An original copy of the complaint shall be filed with the Department. The original must show the signature, capacity and impression seal, if any, of the person administering the oath, and the date of the oath.
**History**
- *Source: Amended at 35 Ill. Reg. 3551, effective February 10, 2011*
##### **92 Ill. Adm. Code 446.603** Reply {#sec-446.603 omnilex-key=us-il-regs-official--title-92--446.603}
a) Within 20 days of the service of a notice issued under Section 446.601, the operator may:
1) File with the Department a sworn statement by which the operator consents to withdraw the contested rate(s) filed by him and states that the operator will not charge any such rate(s) for the matters covered by that rate(s) until the operator files and has approved by the Department a new rate(s), and thereby close the case; or
2) Request a hearing as provided in Section 446.604.
b) The Director may extend the 20-day period for good cause shown.
c) Failure of the operator to reply by taking one of the two actions described in paragraph (a)(1) of this Section within the period provided constitutes a waiver of his right to appear and contest the allegation and authorizes the Director, without further notice to the operator to find the facts to be as alleged in the notice and order the rate(s) in question to be voided.
##### **92 Ill. Adm. Code 446.604** Request for Hearing {#sec-446.604 omnilex-key=us-il-regs-official--title-92--446.604}
a) If an operator elects to request a hearing, he shall submit a written request to the Director. The request must:
1) State the name and address of the operator and of the person signing the request if different from the operator;
2) State with respect to each allegation whether it is admitted or denied; and
3) State with particularity the issues to be raised by the operator at the hearing.
b) After a request for hearing which complies with the requirements or paragraph (a) of this Section, the Director schedules a hearing within 60 days.
c) The Director may grant extension of the time of the commencement of the hearing for good cause shown.
##### **92 Ill. Adm. Code 446.605** Hearing {#sec-446.605 omnilex-key=us-il-regs-official--title-92--446.605}
Hearings scheduled under Section 446.604 shall be governed by the provisions of Section 446.503.
##### **92 Ill. Adm. Code 446.606** Presiding Officer's Decision {#sec-446.606 omnilex-key=us-il-regs-official--title-92--446.606}
After consideration of the evidence of record, the presiding officer may dismiss the notice in whole or in part and enter an order to that effect. If he does not dismiss it in whole, he will issue and serve on the parties an order declaring the rate(s) to be either unjust or unreasonable or both and further declaring the rate(s) to be void. The order will include a statement of findings and conclusions as well as the reasons therefor on all material issues of fact, law and discretion.
##### **92 Ill. Adm. Code 446.607** Appeal {#sec-446.607 omnilex-key=us-il-regs-official--title-92--446.607}
Any party aggrieved by a presiding officer's decision and order issued under Section 446.606 may file an appeal with the Secretary. The appeal must be filed within ten days of service of the presiding officer's order. A decision by the Secretary is administratively final.
##### **92 Ill. Adm. Code 446.701** Discovery {#sec-446.701 omnilex-key=us-il-regs-official--title-92--446.701}
Parties participating in hearings conducted under these Rules may obtain discovery pursuant to this Rule regarding any matter not privileged, which is relevant to the subject matter involved in the pending proceeding or appears reasonably calculated to lead to the discovery of admissible evidence, provided that discovery may be had only when the presiding officer, upon his own motion or upon a petition filed by a party, and upon good cause shown, shall have entered an order approving such use. A petition must be filed at least fifteen (15) days prior to the scheduled hearing date.
##### **92 Ill. Adm. Code 446.702** Motions {#sec-446.702 omnilex-key=us-il-regs-official--title-92--446.702}
a) Any party to a proceeding may make an application to the presiding officer for an order in the form of a motion.
b) Motions shall be in writing, shall state with particularity the grounds therefor and shall set forth the relief or order sought. The rules applicable to document specifications shall apply to all motions.
##### **92 Ill. Adm. Code 446.703** Intervention {#sec-446.703 omnilex-key=us-il-regs-official--title-92--446.703}
a) Any person may intervene by petition in a proceeding involving a petition for approval of a rate change or in a proceeding involving a complaint of unreasonable or unjust rates.
b) A petition for leave to intervene must set forth the grounds of the proposed intervention, the position and interest of the petitioner in the proceeding, and whether petitioner's position is in support of or opposition to the relief sought. If the proceeding be by formal complaint and affirmative relief is sought by petitioner, the petition should conform to the requirements for a formal complaint.
c) A petition for leave to intervene in any proceeding should be filed prior to or at the time the proceeding is called for hearing, but not after, except for good cause shown.
d) When tendered at the hearing, sufficient copies of a petition for leave to intervene must be provided for distribution as motion papers to the parties represented at the hearing. If leave be granted at the hearing, one additional copy must be furnished for the use of the Department. When a petition for leave to intervene is not tendered at the hearing, the original copy of the petition shall be submitted to the Department together with a certificate that service in accordance with Section 446.204 has been made by petitioner. Any reply in opposition to a petition for leave to intervene no tendered at the hearing must be filed within ten days after service.
e) Leave will not be granted except on averments reasonably pertinent to the issues already presented and which do not unduly broaden them. If leave is granted the petitioner thereby becomes an intervener and a party to the proceeding.
#### **Part 447** School Bus Brake Inspections
##### **92 Ill. Adm. Code 447.1000** Purpose {#sec-447.1000 omnilex-key=us-il-regs-official--title-92--447.1000}
This Part prescribes the requirements and procedures used to implement the Department's annual or 10,000 mile, whichever occurs first, school bus brake inspection program.
##### **92 Ill. Adm. Code 447.1010** Applicability {#sec-447.1010 omnilex-key=us-il-regs-official--title-92--447.1010}
This Part applies to the following persons:
a) Department personnel;
b) School bus owners or operators;
c) Mechanics performing school bus brake inspections; and
d) Certified Safety Testers at Illinois School Bus Official Testing Stations.
##### **92 Ill. Adm. Code 447.1020** Definitions {#sec-447.1020 omnilex-key=us-il-regs-official--title-92--447.1020}
"Brake components" – Any component the manufacturer has determined necessary to satisfy regulations or standards (FMVSS or SAE) governing braking operations.
"Certified Safety Tester" (CST) – An individual employed by an Official Testing Station who has passed a written exam and has demonstrated proficiency in the operation of authorized safety test equipment and has been issued evidence and authority by the Department to safety test vehicles in Illinois.
"Code" – The Illinois Vehicle Code [625 ILCS 5].
"Department" – The Department of Transportation of the State of Illinois, acting directly or through its authorized agents or officers. (Section 13-100 of the Code)
"Federal Motor Vehicle Safety Standards" (FMVSS) – The rules, regulations and standards set forth in 49 CFR 571.
"Officer" - An employee of the Illinois Department of Transportation.
"Official Testing Station" – All contiguous real and personal property which houses the testing lane(s) and any and all equipment and supplies relating to the safety inspection of vehicles.
"Society of Automotive Engineers" (SAE) – Society responsible for establishing industry standards which manufacturers follow in design and construction of motor vehicles.
"School Bus" – Every motor vehicle, except as provided below, owned or operated by or for any of the following entities for the transportation of persons regularly enrolled as students in grade 12 or below in connection with any activity of such entity:
Any public or private primary or secondary school;
Any primary or secondary school operated by a religious institution; or
Any public, private or religious nursery school.
This definition shall not include the following:
A bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interurban transportation of passengers when such bus is not traveling a specific school bus route but is:
On a regularly scheduled route for the transportation of other fare paying passengers;
Furnishing charter service for the transportation of groups on field trips or other special trips or in connection with other special events; or
Being used for shuttle service between attendance centers or other educational facilities.
A motor vehicle of the first division. (Section 1-182 of the Code.)
"School Bus Brake Inspection Report" (see Section 447.Illustration A) – The form established by the Department to be used by school bus owners/operators to record school bus brake inspection requirements. The Brake Inspection Report is presented to the CST at the Official Testing Station at the time of the safety inspection required by Section 13-101 of the Code.
"Vehicle Inspection Report" – The form prescribed by the Department which is completed at the Official Testing Station when a vehicle is presented for a safety inspection.
##### **92 Ill. Adm. Code 447.1030** Administrative Requirements {#sec-447.1030 omnilex-key=us-il-regs-official--title-92--447.1030}
a) The Department requires brakes on school buses operated in Illinois to be visually inspected every 10,000 miles or once a year (whichever occurs first).
b) This brake inspection is separate from and in addition to the 10,000 mile or semi-annual safety inspection required by Section 13-101 of the Code.
c) The brake components (e.g., linings, drums, hydraulic or air lines, wheel cylinders) must be visually inspected on each school bus. This inspection usually requires the wheels to be pulled from the school bus. Some manufacturers have provided inspection ports on the wheels which can be used in lieu of pulling the wheels provided all applicable brake components can be properly inspected.
d) The brake components must be inspected to verify the manufacturer's specifications are being met or exceeded at the time of the brake inspection.
e) A school bus brake inspection report must be completed for each school bus inspected to document compliance with the manufacturer's specifications.
f) The school bus brake inspection report (Section 447.Illustration A) contains the following information. An original or photocopy of Section 447.Illustration A must be used to comply with this subsection.
1) Name, address and phone number of the bus owner/operator;
2) District or school served;
3) School bus unit number;
4) School bus chassis make;
5) School bus chassis year;
6) Vehicle Identification Number;
7) Date and location of brake inspection; and
8) Mileage on school bus at the time of brake inspection.
g) The Brake Inspection Report must be signed and dated by an authorized official of the contractor or school district. The authorized official takes full responsibility for the inspection of the braking system.
h) A valid, properly completed Brake Inspection Report (see Section 447.Illustration A) must be presented to the CST at the time of the safety inspection required by Section 13-101 of the Illinois Vehicle Code. This report must be retained at the Official Testing Station attached to the corresponding Vehicle Inspection Report.
i) If the school bus has been driven less than 10,000 miles and less than 12 months have passed since the bus was manufactured, a brake inspection report is not required. The CST should write "Less than 10,000 miles and less than one year old" in the Remarks Section on the Vehicle Inspection Report.
j) For each school bus inspected, a separate maintenance record must be maintained which contains the following:
1) Person(s) name performing the brake inspection and repairs, if necessary;
2) Owner/operator of the school bus;
3) Date of the brake inspection/repairs;
4) Vehicle identification (i.e., year, make, model, Vehicle Identification Number);
5) Mileage on the school bus at the time of the brake inspection; and
6) Record of work performed on the bus in order to meet manufacturer's specifications (e.g., specific components repaired, replaced, adjusted, etc.).
k) The maintenance records required in subsection (k) shall be retained where the vehicle is either housed or maintained for a period of one year and for six months after the school bus leaves the owner/operator's control.
l) The maintenance records shall be available for inspection and audit by officers of the Department at any time.
##### **92 Ill. Adm. Code 447.ILLUSTRATION** A School Bus Brake Inspection Report {#sec-447.illustration omnilex-key=us-il-regs-official--title-92--447.ILLUSTRATION}
Illinois Department
of Transportation
School Bus Brake
Division of Traffic Safety
Inspection Report
3215 Executive Park Drive
P.O. Box 19212
Springfield, Illinois 62794-9212
District or Contractor:
Name
Address
City/State
Zip
Telephone
( )
School Bus Unit Number
Chassis Make
Chassis Year
Chassis V.I.N.
Illinois law requires all school buses to be safety inspected at least once every six months or 10,000 miles, whichever occurs first. In addition, the Illinois Department of Transportation requires that a visual brake inspection be performed on every school bus operated in Illinois at least once a year or every 10,000 miles, whichever occurs first.
A completed School Bus Brake Inspection Report must be presented to the Certified Safety Tester each time a school bus is taken to an Official Testing Station for a safety inspection.
I attest that the entire brake system on the school bus listed above was visually inspected and found to be operating in accordance with the manufacturer's specifications or was repaired to perform in accordance with the manufacturer's specifications. The visual inspection of the brake system was performed on _________________ by a qualified
(date)
mechanic employed by _________________________________________. The mileage
(business/school district where brake inspection was completed)
on this school bus was______________ when the visual brake inspection was performed.
(mileage)
(name of authorized school district official or contractor)
Please print or type
(date)
(signature of authorized school district official or contractor)
(title)
#### **Part 448** School Bus Safety Equipment Test Pilot Program
##### **92 Ill. Adm. Code 448.10** Purpose {#sec-448.10 omnilex-key=us-il-regs-official--title-92--448.10}
The purpose of this Part is to permit school districts to test pilot school bus safety equipment not otherwise prohibited by Department regulations.
##### **92 Ill. Adm. Code 448.20** Request to Test Pilot {#sec-448.20 omnilex-key=us-il-regs-official--title-92--448.20}
a) All requests to test pilot safety equipment shall be submitted to the Department at the following address:
Illinois Department of Transportation
Bureau of Investigations and Compliance
Attn: Bureau Chief
2300 S. Dirksen Parkway
Springfield, Illinois 62764
b) Only requests submitted by a school district will be considered.
c) Requests shall:
1) Identify, with specificity, the equipment to be tested;
2) Identify the VIN and manufacturer of the chassis and body of each bus in which the equipment will be installed;
3) Identify the bus routes where the equipment will be tested;
4) Include any known crash tests or safety studies related to the equipment;
5) Include a statement or certification from the manufacturer that the equipment meets or exceeds all applicable federal regulations or safety standards;
6) Identify the method in which data will be collected during the test pilot period; and
7) Include the anticipated start date of the test pilot.
d) The Department will respond to all requests within 30 days.
e) Requests will be denied if:
1) The application is incomplete;
2) The equipment is prohibited by State or federal laws/regulations;
3) The same or similar equipment is being tested, or has previously been tested, by another school district, unless the Department determines there is a need for testing by additional school districts; or
4) The equipment presents a safety hazard.
f) Approval
1) If a request is not denied under subsection (e), the Department will issue an approval letter.
2) The approval letter will identify the data required to be collected by the school district.
3) The Department may condition the use of the equipment by:
A) limiting the road configurations where the equipment may be used;
B) limiting the number of buses;
C) requiring the disablement or removal of other equipment the Department deems incompatible; and/or
D) restricting its use in construction and maintenance zones;
4) A copy of the approval letter shall be kept with the school bus and presented to Department personnel or Certified Safety Testers when the bus is presented for inspection.
5) The school district is responsible for all costs associated with participating in in a test pilot under this Part. Approval to participate in a test pilot program does not guarantee the Department's final approval of the equipment.
##### **92 Ill. Adm. Code 448.30** Test Pilot Period {#sec-448.30 omnilex-key=us-il-regs-official--title-92--448.30}
a) The Department and school district shall agree to the actual start date of the test pilot.
b) The initial pilot period shall be 90 days and may be extended by the Department if further testing is warranted. The initial period may also be extended at the written request of the school district for good cause shown.
c) The school district is responsible for training its drivers in the proper use of the equipment.
d) The school district is responsible for the installation and maintenance of the equipment and shall assume all liability resulting from its use or misuse.
e) The school district shall immediately notify the Department in the event a bus is involved in any incident involving personal injury or property damage.
f) During the test pilot, the school district shall track the data required under Section 448.20(f)(2) using a method approved by the Department.
g) Equipment shall not be transferred to other buses without the prior written approval of the Department and for good cause shown.
h) Records created or maintained by the school district for the purpose of the test pilot program shall be made available for inspection by the Department upon request.
i) For good cause, the Department may suspend or terminate the test pilot.
##### **92 Ill. Adm. Code 448.40** Test Pilot Results {#sec-448.40 omnilex-key=us-il-regs-official--title-92--448.40}
a) Within 30 days after the conclusion of the test pilot period, the school district shall provide the Department all documents and records created or used during the test pilot.
b) All records submitted to the Department will be utilized in formulating the Department's policy decision regarding the final implementation of the equipment.
c) The Department may rely on additional sources in reaching its policy decision (e.g., Opinions of safety engineers, guidance provided by state or federal agencies, public comment, etc.).
d) The Department will make public its policy decision and amend its regulations as necessary.
#### **Part 449** Alternate Fuel Systems for School Buses
##### **92 Ill. Adm. Code 449.10** Purpose and Scope {#sec-449.10 omnilex-key=us-il-regs-official--title-92--449.10}
a) This Part governs the use of liquefied petroleum gases (LPG) and compressed natural gas (CNG) as propellant fuel in school buses. The installation, maintenance and operation of such fuel systems are covered by this Part.
b) The installation of an alternate fuel system, using compressed or liquefied gases, shall not conflict with any Federal Motor Vehicle Safety Standard or any requirements of this Subchapter applicable to school buses.
##### **92 Ill. Adm. Code 449.20** Application {#sec-449.20 omnilex-key=us-il-regs-official--title-92--449.20}
a) This Part applies to any school bus which is equipped to use any liquefied petroleum gas or compressed natural gas as a fuel propellant and began operation on or after February 26, 1990.
b) This Part does not apply to any school bus which was equipped to use any liquefied petroleum gas or compressed natural gas as a fuel propellant before February 26, 1990.
**History**
- *Source: Amended at 19 Ill. Reg. 16732, effective December 1, 1995*
##### **92 Ill. Adm. Code 449.30** Installation, Maintenance and Operation {#sec-449.30 omnilex-key=us-il-regs-official--title-92--449.30}
a) No person may operate a school bus which is equipped to use Liquified Petroleum Gas as a fuel propellant unless the installation, maintenance and operation is in accordance with the National Fire Protection Association's (NFPA) Standard for the Storage and Handling of Liquefied Petroleum Gases, NFPA 58, February 6, 1989, not including any later editions or amendments.
b) No person may operate a school bus which is equipped to use Compressed Natural Gas as a fuel propellant unless the installation, maintenance and operation of the fuel system is in accordance with NFPA 52, Standard for Compressed Natural Gas, (CNG) Vehicular Fuel Systems, June 8, 1988, not including any later amendments or editions.
##### **92 Ill. Adm. Code 449.40** Container Installation {#sec-449.40 omnilex-key=us-il-regs-official--title-92--449.40}
In addition to the requirements established by Section 449.30, installation shall comply with the following:
a) Compressed or liquefied gas containers shall not be mounted in the passenger or driver's compartment.
b) Container valves, appurtenances and connections shall be mounted in an enclosed compartment.
c) Containers shall be located at least 36 inches from the entrance door and any emergency exit. Due to the smaller size of Type II school buses, space limitations may sometimes make it impossible to locate a fuel tank further than 36 inches from an exit. A Type II school bus has a gross vehicle weight rating of 10,000 pounds or less as defined in Section 12-800 of the Illinois Vehicle Equipment Law (Ill. Rev. Stat. 1987, ch. 95½, par. 12-800). If the original fuel tank for a Type II bus was located within 36 inches from any exit, the alternate fuel container may be located in the same location as the original tank.
##### **92 Ill. Adm. Code 449.50** Carburetion Equipment {#sec-449.50 omnilex-key=us-il-regs-official--title-92--449.50}
A fuel filter is required on alternate fuel systems.
##### **92 Ill. Adm. Code 449.60** Pipe and Hose Installation {#sec-449.60 omnilex-key=us-il-regs-official--title-92--449.60}
In addition to the requirements established by Section 449.30, pipes and hoses installed on school buses for operation of an alternate fuel system shall comply with the following:
a) No fuel supply line shall pass through the driver or passenger's compartment.
b) The pressure relief device shall be fabricated so that in the event of stress, the pipe or adaptor will break away without impairing the function of the relief valve.
c) If installed, the adaptor connecting the piping system to the pressure relief device shall neither touch nor restrict any movable part of the pressure relief valve.
d) The relief valve discharge piping system (piping system) must not be reduced at any point from the relief valve to the point of release into the atmosphere.
e) The piping system shall be routed to minimize sharp elbows or bends. Installation of any commercially available piping installed to meet the manufacturer's specifications is acceptable. Any fittings that restrict the flow of discharge are prohibited. From the pressure relief device adaptor to the atmosphere, the minimum inside diameter of the piping must measure at least 3/4 of an inch.
f) The piping system shall neither block nor hamper the operation of any window or door. The piping system shall preserve widths of passageways, aisles and emergency exits.
g) Every portion of the piping system shall be gas tight (except the outlet) and shall be able to withstand forces from the discharge when the relief valve is in full open position. If for any reason the discharge outlet becomes blocked, the piping system must be capable of holding the full system pressure.
h) To facilitate the removal of accumulated water, a drain cock shall be installed at the lowest point of the piping system. The drain must be capable of being held open manually and close automatically to prevent expelling LPG if discharged through the relief valve. A weep hole, or other opening that may result in discharged LPG flaming beneath the bus is prohibited.
i) The portion of the piping system that leads upward to the atmosphere shall be installed either inside the passenger compartment, on the outside of the bus, or in the body wall between the inner and outer "skins" of the bus body.
1) Piping on the outside of the body shall be shielded below the window line to prevent "grabbing hold" or "hitching to." However, discharge piping that is located between the windshield and the vent window at the left front corner of the body need not be shielded.
2) Any portion of the piping system that is installed either inside the passenger compartment or inside the body wall shall consist of one piece originating below the bus floor and exiting outside the bus roof. Every hole where piping passes through the floor or roof shall be sealed.
j) The piping system must terminate above the eave lines of the bus body.
k) The outlet of the piping system shall be located at least 36 inches from the air inlet or outlet of a ventilator or similar device installed on or near the roof. A "similar device" includes the fresh air intake of a heating, ventilating or air conditioning system. It does not include a side window that opens near the roof.
l) A rain cap is required where the piping system exits into the atmosphere to minimize water or dirt from entering into either the relief valve or its discharge piping. Installation of any commercially available rain cap installed to meet the manufacturer's specifications is acceptable. The cap shall remain in place except when the relief valve operates. The cap shall be installed to minimize the entrance of water or dirt while the vehicle is in motion.
m) The discharge piping system on a special education school bus shall conform to all provisions of this Part.
##### **92 Ill. Adm. Code 449.70** Identification {#sec-449.70 omnilex-key=us-il-regs-official--title-92--449.70}
The fuel identification decal as required by Section 3-6.2.10 of NFPA 58 or Section 3-10.2 of NFPA 52 shall be displayed on the rear of the school bus not more than 12 inches above the top of the rear bumper and within 39 inches of the left side. The decal shall not be placed on any black portion of the bus body.
#### **Part 450** Commercial Vehicle Safety Section Hearings
##### **92 Ill. Adm. Code 450.110** Applicability {#sec-450.110 omnilex-key=us-il-regs-official--title-92--450.110}
This Part herein published by the Department of Transportation, Division of Traffic Safety, Bureau of Safety Programs, Commercial Vehicle Safety Section, shall govern the practices and procedures of all hearings conducted by the Division of Traffic Safety, Bureau of Safety Programs, Commercial Vehicle Safety Section.
**History**
- *Source: Amended at 18 Ill. Reg. 14758, effective September 20, 1994*
##### **92 Ill. Adm. Code 450.120** Definitions {#sec-450.120 omnilex-key=us-il-regs-official--title-92--450.120}
As used herein, the following terms shall be defined as follows:
The term "Act" means the Illinois Vehicle Code (Ill. Rev. Stat. 1991, ch. 95½, pars. 1-1 et seq.) [625 ILCS 5];
The term "Department" means the Department of Transportation of the State of Illinois;
The term "Hearing Officer" means a person duly qualified and designated as a hearing officer under Section 450.230 of this Part;
The term "Permit" means a grant of privilege to a person by the Department of Transportation to operate an Official Testing Station as set forth in Section 13-103 of the Act (Ill. Rev. Stat. 1991, ch. 95½, par. 13-103) [625 ILCS 5 /13-103];
The term "Person" means any person defined in Section 1-159 of the Act (Ill. Rev. Stat. 1991, ch. 95½, par. 1-159) [625 ILCS 5/1-159];
The term "Regulations" means the published rules and regulations promulgated by the Department of Transportation, Division of Traffic Safety, Bureau of Safety Programs, Commercial Vehicle Safety Section, relating to the lawful, proper operation of an Official Testing Station;
The term "Secretary" means the Secretary of the Department of Transportation;
The term "Testing Station" means any official, certified vehicular testing station as set forth in Section 13-103 of the Act.
**History**
- *Source: Amended at 18 Ill. Reg. 14758, effective September 20, 1994*
##### **92 Ill. Adm. Code 450.130** Filing {#sec-450.130 omnilex-key=us-il-regs-official--title-92--450.130}
Documents required to be filed with the Department of Transportation shall be addressed to and mailed to or filed with the Director, Division of Traffic Safety, Department of Transportation, P.O. Box 19212, 3215 Executive Park Drive Springfield, Illinois 62794-9212.
**History**
- *Source: Amended at 18 Ill. Reg. 14758, effective September 20, 1994*
##### **92 Ill. Adm. Code 450.140** Form {#sec-450.140 omnilex-key=us-il-regs-official--title-92--450.140}
a) Except as may otherwise be provided herein, two (2) copies of all documents including complaints, motions, petitions and notices of appeal shall be filed with the Director of the Division of Traffic Safety and shall bear the docket number and the title of the proceeding in connection with which they are filed.
b) All documents shall be typewritten or reproduced from typewritten copy on unglazed white paper measuring 8½" x 11", and shall be signed by the party making such filing or his authorized representative or attorney.
##### **92 Ill. Adm. Code 450.150** Appearances {#sec-450.150 omnilex-key=us-il-regs-official--title-92--450.150}
Any person either involved in or entitled to participate in proceedings may appear as follows:
a) A natural person may appear in his own behalf or by an attorney at law licensed to practice in the State of Illinois, or both;
b) A business, non-profit or governmental organization may appear by any officer, employee, or representative, or may be represented by an attorney licensed to practice in the State of Illinois, or both;
c) Any attorney appearing in a representative capacity shall file a written notice of appearance.
##### **92 Ill. Adm. Code 450.160** Complaint Relating to Violations of the Act or of the Regulations {#sec-450.160 omnilex-key=us-il-regs-official--title-92--450.160}
Complaints shall be delivered in writing either personally or by certified United States Mail to the person, business, corporation, or agency charged with responsibility for such violation. Certification of any safety lane may not be withdrawn unless the person, agency, business or corporation operating said safety lane is granted a hearing in conformance with Section 13-108 of the Act or unless said safety lane operator voluntarily waives a hearing within twenty (20) days from the date notice of the violation is given to the operator by the Department.
##### **92 Ill. Adm. Code 450.170** Filing of Responsive Pleadings {#sec-450.170 omnilex-key=us-il-regs-official--title-92--450.170}
Responsive pleadings in answer to the notice and complaint which have been filed and served upon a party defendant in accordance with Section 450.160 shall be filed with the Director of the Division of Traffic Safety of the Department of Transportation.
##### **92 Ill. Adm. Code 450.180** Waiver of Hearing {#sec-450.180 omnilex-key=us-il-regs-official--title-92--450.180}
Persons not desiring a hearing on the issues or charges alleged in the complaint, but who do not wish to be found in default on the complaint, may file a voluntary waiver of hearing setting forth the fact of the waiver.
##### **92 Ill. Adm. Code 450.190** Effect of Waiver of Hearing {#sec-450.190 omnilex-key=us-il-regs-official--title-92--450.190}
Persons filing a voluntary waiver of hearing may subject themselves to a ruling by the Secretary resulting in a suspension or revocation of their permit subject to the discretion of the Secretary after all the allegations have been reviewed by the Secretary.
##### **92 Ill. Adm. Code 450.210** Notice {#sec-450.210 omnilex-key=us-il-regs-official--title-92--450.210}
Notice of violation of either the Act or the regulations shall be given in a manner prescribed by Section 13-108 of the Act and will be a part of the Illinois Uniform Citation & Complaint form, referred to herein below (See Appendix), and shall include a time and place for hearing, which shall be at a time not less than thirty (30) days after the date on which notice was received by the respondent.
##### **92 Ill. Adm. Code 450.220** Place of Hearings {#sec-450.220 omnilex-key=us-il-regs-official--title-92--450.220}
Hearings for alleged violation(s) of either the Act or 92 Ill. Adm. Code, Chapter I, Subchapter (e) or both occurring in Boone, Bureau, Carroll, Cook, DeKalb, DuPage, Grundy, Henry, Jo Daviess, Kane, Kankakee, Kendall, Lake, LaSalle, Lee, McHenry, Ogle, Rock Island, Stephenson, Whiteside, Will, and Winnebago Counties shall be held at the offices of the Department at 201 West Center Court, Schaumburg, Illinois. Hearings for alleged violation(s) of either the Act or 92 Ill. Adm. Code, Chapter I, Subchapter (e) or both occurring in Alexander, Clay, Clinton, Edwards, Franklin, Gallatin, Hamilton, Hardin, Jackson, Jefferson, Johnson, Lawrence, Marion, Massac, Monroe, Perry, Pope, Pulaski, Randolph, Richland, Saline, St. Clair, Union, Wabash, Washington, Wayne, White and Williamson Counties shall be held at the offices of the Department at 2801 West Murphysboro Road, Carbondale, Illinois. Hearings for alleged violation(s) of either the Act or 92 Ill. Adm. Code, Chapter I, Subchapter (e) or both occurring in any other county shall be held at the Department's offices located at 3215 Executive Park Drive, Springfield, Illinois.
**History**
- *Source: Amended at 18 Ill. Reg. 14758, effective September 20, 1994*
##### **92 Ill. Adm. Code 450.230** Hearing Officer {#sec-450.230 omnilex-key=us-il-regs-official--title-92--450.230}
The hearing officer, who shall be appointed in accordance with the Act by the Secretary of Transportation, shall conduct all hearings and take any and all necessary action to avoid delay, maintain order, and to insure development of a complete record. He shall have all the powers necessary but not limited to the following:
a) Require prior submission of expert testimony and exhibits in writing;
b) Require all parties to state their position with respect to the complaint;
c) Administer oaths and affirmations;
d) Examine witnesses and direct witnesses to testify;
e) Regulate the course of the hearing;
f) Rule on all matters of evidence and procedure and make findings of fact and law;
g) Issue subpoenas to compel attendance of a witness at a hearing;
h) Make a finding of fact and law which shall become a part of the record and which shall be forwarded to the Secretary for final disposition.
##### **92 Ill. Adm. Code 450.240** Transcript {#sec-450.240 omnilex-key=us-il-regs-official--title-92--450.240}
Any and all testimony of whatever nature shall be recorded by a certified court reporter and shall be recorded verbatim.
##### **92 Ill. Adm. Code 450.310** Notice {#sec-450.310 omnilex-key=us-il-regs-official--title-92--450.310}
All proceedings undertaken by the Department shall be commenced by the service of a notice and complaint upon all respondents and the filing of copies of said notices of complaint with the Director; providing, however, all filings are to be made within the times hereinabove set forth.
##### **92 Ill. Adm. Code 450.320** Contents of Complaint {#sec-450.320 omnilex-key=us-il-regs-official--title-92--450.320}
The complaint shall be in the form provided by the Illinois Uniform Citation and Complaint form, and shall contain:
a) A statement of the date, time and location where the hearing shall be held;
b) A reference to the provisions of the Act or the regulations of which the respondents are alleged to be in violation;
c) A statement of the relief which the complainant seeks.
##### **92 Ill. Adm. Code 450.330** Motions and Answers {#sec-450.330 omnilex-key=us-il-regs-official--title-92--450.330}
Any respondent may file an answer not later than ten (10) days prior to the date of the hearing. All motions preliminary to a hearing shall be presented to the Director at least ten (10) days prior to the date of said hearing except when said time requirement is excused by the Director.
##### **92 Ill. Adm. Code 450.340** Motions to Be in Writing {#sec-450.340 omnilex-key=us-il-regs-official--title-92--450.340}
All motions shall be in writing and be accompanied by any affidavits or other evidence relied upon in said motion unless the motion is made orally on the record during the course of a hearing.
##### **92 Ill. Adm. Code 450.350** Appearance {#sec-450.350 omnilex-key=us-il-regs-official--title-92--450.350}
A respondent may participate in the proceedings without forfeiting any jurisdictional objection, if such objection is raised at or before the time the respondent files his initial pleading or motion, or, if no pleading or motion is made, before the commencement of a hearing; otherwise appearance either for purposes of motions or otherwise pleading shall subject the respondent to the full jurisdiction of the hearing officer.
##### **92 Ill. Adm. Code 450.360** Intervention {#sec-450.360 omnilex-key=us-il-regs-official--title-92--450.360}
Upon timely written application, the hearing officer shall allow any person to intervene in a revocation or suspension proceeding, subject to the necessity for conducting an orderly and expeditious hearing, when either of the following conditions is met:
a) When the applicant is so situated that he may be adversely affected by a final order of the Secretary;
b) When an applicant's claim or defense and the hearing proceeding have a question of law or fact.
##### **92 Ill. Adm. Code 450.370** Filing {#sec-450.370 omnilex-key=us-il-regs-official--title-92--450.370}
Two (2) copies of a Petition for Intervention shall be filed with the Director and one (1) copy served on each party not later than forty-eight (48) hours prior to the date set for hearing of the matters set forth in the complaint. The hearing officer may permit a later intervention when there is good cause for the delay.
##### **92 Ill. Adm. Code 450.380** Rights {#sec-450.380 omnilex-key=us-il-regs-official--title-92--450.380}
Upon receiving permission by the hearing officer to act as intervenor, the intervenor shall enjoy any and all rights inuring to an original party in the hearing provided, however, that the hearing officer may order the intervenor to be bound by any rulings made by the hearing officer prior to the time of intervention which may affect the issues to be considered after the hearing.
##### **92 Ill. Adm. Code 450.390** Continuances {#sec-450.390 omnilex-key=us-il-regs-official--title-92--450.390}
All motions for continuances must be made in writing and shall be granted where the hearing officer is satisfied that to deny a motion for continuance would result in an inequitable and unreasonable hardship to the movant.
##### **92 Ill. Adm. Code 450.410** Order of Hearings {#sec-450.410 omnilex-key=us-il-regs-official--title-92--450.410}
All hearings shall proceed in the following order:
a) Opening statements by the parties with the complainant having the right to open;
b) The complainant's case in chief;
c) The respondent's case in chief;
d) Complainant's rebuttal case;
e) Respondent's closing arguments;
f) Complainant's closing arguments.
##### **92 Ill. Adm. Code 450.420** Discovery {#sec-450.420 omnilex-key=us-il-regs-official--title-92--450.420}
a) Upon written motion by any party, the hearing officer, in order to allow each party a fair opportunity to prepare for the hearing, shall allow discovery of the following:
1) Production of any documents including business records relating to the issues in the complaint;
2) Depositions of any parties or witnesses;
3) Written interrogatories of any parties or witnesses.
b) All depositions or interrogatories may be used for purposes of impeachment and as admissions of the deposed or interrogated party. Where a party or a witness is unable to attend the hearing for a good cause such as age, infirmity, absence from the country, or for any other good cause being shown, the parties may move the hearing officer to allow depositions of interrogatories to be used as evidence.
##### **92 Ill. Adm. Code 450.430** Default {#sec-450.430 omnilex-key=us-il-regs-official--title-92--450.430}
Where there has been proper notice of a hearing, the failure of any party to appear at the appointed time set for hearing, or the failure of any party to properly plead after due notice has been given, shall subject the party to be ruled in default by the hearing officer. Upon good cause being shown, however, within thirty (30) days of the entry of a default upon any party, the hearing officer, after due consideration of the grounds excusing the defaulted party, may order the default judgement to be vacated and set aside, and may order a new hearing.
##### **92 Ill. Adm. Code 450.510** Final Orders {#sec-450.510 omnilex-key=us-il-regs-official--title-92--450.510}
Upon the hearing of all of the evidence and upon due consideration of any and all motions filed, and after being fully advised in the premises, the hearing officer shall make a full and complete written finding of fact and law. Said finding, which shall be set forth as the hearing officer's findings and recommendations, together with the verbatim transcript of the proceedings, shall be filed within thirty (30) days after the receipt of transcript by the hearing officer with the Secretary. The Secretary shall then make a final determination of the issues involved and shall within twenty (20) days after receipt of the hearing officer's opinion inform all parties in writing of his determination. Said determination shall constitute a final order. A copy of the verbatim transcript and hearing officer's findings and recommendations shall accompany the final order furnished all parties of record.
##### **92 Ill. Adm. Code 450.610** View of Testing Station {#sec-450.610 omnilex-key=us-il-regs-official--title-92--450.610}
Upon the timely motion of any party or upon the hearing officer's own motion, the hearing officer may view the official testing station which is the subject of the complaint.
##### **92 Ill. Adm. Code 450.620** Judicial Notice {#sec-450.620 omnilex-key=us-il-regs-official--title-92--450.620}
Judicial notice may be taken of any and all facts which may be normally allowed if taken in a Circuit Court of the State of Illinois and which are within the knowledge and experience of the hearing officer.
##### **92 Ill. Adm. Code 450.630** Subpoena {#sec-450.630 omnilex-key=us-il-regs-official--title-92--450.630}
Upon timely application to the Director by any party, or on the motion of the hearing officer, the hearing officer may issue a subpoena for attendance at a hearing held under these rules, as well as at a deposition held pursuant to these rules which deposition may include an order to produce books, records or other tangible items of an evidentiary nature necessary to the disposition of the issues raised in the complaint; provided, however, that upon a showing of the unreasonableness or irrevelancy of a subpoena which may be quashed by the hearing officer.
##### **92 Ill. Adm. Code 450.640** Appeal {#sec-450.640 omnilex-key=us-il-regs-official--title-92--450.640}
Appeal of any final order entered by the Secretary shall be made in accordance with the Administrative Review Law of the State of Illinois (Ill. Rev. Stat. 1981, ch. 110, par. 3-101 et seq.).
##### **92 Ill. Adm. Code 450.APPENDIX** A Illinois Citation and Complaint {#sec-450.appendix omnilex-key=us-il-regs-official--title-92--450.APPENDIX}
C/C No. 1753
#1 COMPLAINT
VEHICLE INSPECTION COPY
Hearing Docket No.
State of Illinois
County of
City or Township of
People of the State of Illinois, Plaintiff v.
Name
Defendant
Certified Mechanic
Owner/Operator
Lane Name
Address
City & State
Veh. Test. Station No.
Certified Mechanic Permit No.
The undersigned says that on
/
/
Month
Day
Year
at
a.m./p.m. defendant did unlawfully:
Violate Section
of the Illinois Vehicle Code
in that he:
Violate Section
of the Illinois Rules & Regulations Inspection
Manual in that he:
Dated
/
/
Month
Day
Year
Inspector's Signature
I.D. Number
If you choose to appear to answer to the above charges, report to:
on
/
/
/
at
a.m./p.m.
Month
Day
Year
In the event I fail to appear, I hereby consent to the entry of an exparte judgment against me and assessment of whatever fines or determination may be assessed against me.
Signature
Title
##### **92 Ill. Adm. Code 451.10** Purpose and Scope {#sec-451.10 omnilex-key=us-il-regs-official--title-92--451.10}
This Part prescribes the requirements of the Illinois Department of Transportation governing:
a) The implementation of Article VIII, the Illinois Vehicle Equipment Law [625 ILCS 5/12-800 et seq.];
b) The implementation of the Illinois Vehicle Inspection Law [625 ILCS 5/13-100 et seq.]; and
c) The administrative requirements necessary to operate an Illinois Official Testing Station (OTS) and Official Mobile Safety Testing Company (OMSTC).
**History**
- *Source: Amended at 49 Ill. Reg. 15244, effective November 13, 2025*
##### **92 Ill. Adm. Code 451.15** Definitions {#sec-451.15 omnilex-key=us-il-regs-official--title-92--451.15}
"Administrative Hearing" – Proceedings set forth in 92 Ill. Adm. Code 450, Commercial Vehicle Safety Section Hearings.
"Appendix G" Inspection – Testing procedures established by US DOT in 49 CFR, Ch. III, Subchapter B – Minimum Periodic Inspection Requirements.
"Applicant" – Any individual owner, partner, authorized agent of a corporation, or lessee applying for an Official Testing Station or Official Mobile Safety Testing Company Permit.
"Authorized Brake Testing Device or Devices" or "ABTD" − Any brake testing device approved by the Department for use in OTSs.
"Axle" − The shaft that connects a pair of wheels and on which those wheels rotate.
"Body" – Portion of the vehicle that encloses the occupant and cargo spaces and separates those spaces from the chassis frame, engine compartment, driveline, and other chassis components, except certain chassis controls used by the driver.
"Bump Rail" – The rail that surrounds a trailer at floor or load height.
"Bus" – Every motor vehicle, other than a commuter van, designed for carrying more than ten persons. (Section 1-107 of IVC)
"Certificate of Safety" or "COS" – The authorized visible symbol furnished by the Department to an Official Testing Station or Official Mobile Safety Testing Company which is to be directly affixed by a Certified Safety Tester to a vehicle which meets the minimum prescribed safety standards established by the Department.
"Certified Safety Tester" or "CST" – An individual who has passed a written exam, proficiency exam, and has demonstrated proficiency in the operation of authorized safety test equipment (if applicable) and has been issued evidence and authority by the Department.
"Certified Safety Tester Certificate" – Evidence issued by the Department to a Certified Safety Tester granting the individual named thereon the privilege and authority to test vehicles.
"Chassis" – Every frame or supportive element of a vehicle whether or not a manufacturer's identification number, serial number, or other identifying numbers are present on said part. (Section 1-111.1b of IVC)
"Citation" or "Complaint" – A formal statement charging that an act of commission or omission constituting a violation of this Part was committed by a Station Owner or CST. The citation or complaint will also contain an official summons to appear or otherwise plead, as well as a statement of the penalties sought by the Department.
"Code" or "IVC" – The Illinois Vehicle Code [625 ILCS 5].
"Department" – The Department of Transportation of the State of Illinois, acting directly or through its authorized officers and agents. (Section 1-115.05 of IVC)
"Driver Education Training Vehicle" − Any vehicle used in the preparation of an applicant for examination given by the Secretary of State for a driver's license or a driver's license permit. Driver Education Training Vehicles are operated by commercial driver training schools and public school districts.
"Federal Motor Carrier Safety Administration" or "FMCSA" − The Federal Motor Carrier Safety Administration, an agency within the United States Department of Transportation.
"Federal Motor Vehicle Safety Standards" or "FMVSS" – The rules, regulations and standards set forth in Title 49 of the Code of Federal Regulations (CFR) 571.
"Illinois Vehicle Inspection Law" – 625 ILCS 5/13-100.14 through 13-117.
"Inspector" − An employee of the Department authorized by Section 13-107 of IVC to inspect and investigate applicants for official testing station permits and investigate and report violations at Official Testing Stations and Official Mobile Safety Testing Companies. (See Section 13-107 of IVC.)
"Lane" – An area clearly defined by perimeter lines within the building of an Official Testing Station within which all authorized safety test equipment and ABTD is installed or located and within which all special category and school bus safety tests and retests shall be conducted.
"Manufacturer" –means the company's name that follows "MANUFACTURED BY" or "MFD BY" on the federal certification label.
"Medical Transport Vehicle" − Includes ambulances, medical carriers, and rescue vehicles. (Section 1-142.2 of IVC)
"Motorcoach" − A bus characterized by an elevated passenger deck located over a baggage compartment but does not include:
a bus used in public transportation provided by, or on behalf of, a public transportation agency; or
a school bus, including a multifunction school activity bus. (See Section 32702 of the Motorcoach Enhanced Safety Act of 2012 (MAP-21).)
"Multifunction School Activity Bus" or "MFSAB" − A school bus manufactured for the purpose of transporting 11 or more persons, including the driver, whose purposes do not include transporting students to and from home or school bus stops. A MFSAB is prohibited from meeting the special requirements for school buses in Sections 12-801, 12-803, and 12-805 and subsection (a) of Section 12-802 of IVC. (IVC Section 1-148.3a5)
"Official Mobile Safety Testing Company" or "OMSTC" – A safety testing company permitted by the Department to test trucks, truck tractors, trailers, semi-trailers, and buses engaged in interstate commerce as defined in Section 1-133 of IVC. The safety tests shall be conducted in accordance with the Minimum Periodic Inspection Standards promulgated by the Federal Highway Administration of the United States Department of Transportation and contained in Appendix G to Subchapter III of Title 49 of the Code of Federal Regulations.
"Official Testing Station" or "OTS" – The physical building and property that houses the lane or lanes, any ABTD (if required), and any additional equipment and supplies required to safety test vehicles. Stations are classified as either public or private. Public stations are open to the public to safety test vehicles subject to the Illinois Vehicle Inspection Law or permitted to be safety tested by the FMCSA. Private stations are owned and operated by private companies for the purpose of safety testing vehicles that are owned or operated by the company. Private stations are not open to the public and are classified as "I" (Independent) stations.
"Official Testing Station Permit" and "Official Mobile Safety Testing Company Permit" or "Permit" – Evidence issued by the Department granting the owner named thereon the privilege of serving as an agent of the State of Illinois within the limitations set forth in Section 13-103 of the IVC and this Part.
"Owner" – An individual, partner, authorized agent of a corporation, lessee, or other person in whose name an Official Testing Station or Official Mobile Safety Testing Company Permit has been issued. Such person or persons shall be responsible for the lawful operation of the OTS' or OMSTC's safety test program. Owners can designate an employee to assume the responsibilities required of the owner in this Part and that employee is included in this definition.
"Part" – The regulations contained in this document which are located at 92 Ill. Adm. Code 451.
"Passenger" – Every occupant of the vehicle who is not the driver.
"Rebuilt Vehicle" – A vehicle for which a salvage certificate has been issued and which subsequently has been put back into its original or operating condition by a licensed rebuilder and which has met all the requirements of a salvage vehicle inspection. (Section 1-168.1 of the IVC)
"Rejected Vehicle" – A vehicle that failed to pass the safety test and was not issued a COS.
"Safety Test" – The inspection of a vehicle at an Illinois Official Testing Station or Official Mobile Safety Testing Company as required by the Illinois Vehicle Inspection Law or permitted by the FMCSA.
"School Bus" –
Every motor vehicle, except as provided below, owned or operated by or for any of the following entities for the transportation of persons regularly enrolled as students in grade 12 or below in connection with any activity of such entity:
Any public or private primary or secondary school;
Any primary or secondary school operated by a religious institution; or
Any public, private or religious nursery school.
This definition shall not include the following:
A bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interurban transportation of passengers when such bus is not traveling a specific school bus route but is:
On a regularly scheduled route for the transportation of other fare paying passengers;
Furnishing charter service for the transportation of groups on field trips or other special trips or in connection with other special events; or
Being used for shuttle service between attendance centers or other educational facilities.
A motor vehicle of the first division. (Section 1-182 of the Code)
A multifunction school-activity bus. (Section 1-182 of the Code)
"Second Division Vehicle" – See "Vehicle".
"Secretary" – The Secretary of the Illinois Department of Transportation.
"Special Vehicle" – Vehicles described in 92 Ill. Adm. Code 438.10.
"Supplies" – All items issued to an OTS or OMSTC by the Department. All supplies remain the property of the Department.
"Vehicle" –
First Division: Those motor vehicles which are designed for the carrying of not more than ten persons.
Second Division: Those vehicles which are designed for carrying more than ten persons, those designed or used for living quarters and those vehicles which are designed for pulling or carrying property, freight or cargo, those motor vehicles of the First Division remodeled for use and used as motor vehicles of the Second Division, and those motor vehicles of the First Division used and registered as school buses. (Section 1-217 of the IVC)
"Vehicle Inspection Report" or "VIR" − The form completed by a CST documenting safety test results through procedures prescribed by the Department.
**History**
- *Source: Amended at 49 Ill. Reg. 15244, effective November 13, 2025*
##### **92 Ill. Adm. Code 451.20** Application {#sec-451.20 omnilex-key=us-il-regs-official--title-92--451.20}
a) This Part applies to owners and employees of official testing stations and official mobile safety testing companies.
b) This Part applies to the following vehicles:
1) Second division vehicles (unless exempted by Sections 13-101 or 13-114 of the IVC;
2) Second division motor vehicles that pull or draw trailers, semitrailers or pole trailers which have a gross weight or registered gross weight of more than 10,000 lbs.; and
3) Special vehicles.
c) The FMCSA recognizes that an Appendix G inspection, as defined at Section 451.14, meets the federal annual inspection requirements of 49 CFR 396.17, periodic inspection. (See 49 CFR 396.23, Equivalent to periodic inspection.) Interstate carriers of property registered in any state, including Illinois, can choose to obtain their annual interstate inspection at a station. Interstate carriers of passengers registered in Illinois are required to be inspected both semi-annually under the Illinois Vehicle Inspection Law (see Section 13-114 of IVC) and annually as prescribed by the FMCSA.
d) The Department's inspection program consists of different types of inspections performed by either Public or Private OTSs and OMSTCs. The type of inspection performed is dependent upon the type of vehicle being tested. The different types of inspections are: school bus, special vehicle, MFSABs manufactured on or after July 1, 2012 and operated by schools K-12, special and Appendix G.
1) For school bus, special vehicle, and MFSABs manufactured on or after July 1, 2012 and operated by K-12 schools, inspections require the use of an ABTD. OMSTCs shall not be permitted to perform safety tests on vehicle listed in 451.20 (d)(1).
2) Public OTSs are required to safety test all vehicles presented at a OTS for a safety test as required by the Illinois Vehicle Inspection Law or permitted by the FMCSA (prior authorization is required to perform school bus inspections).
3) Public OMSTCs shall only perform safety tests of vehicles at the vehicle owners place of business. The safety tests performed shall be in accordance with Appendix G inspection standards on only the following vehicle types: Trucks, truck tractors, trailers, semi trailers, and buses engaged in interstate commerce.
4) All safety tests required by the Illinois Vehicle Inspection Law shall be performed in accordance with the requirements of this Part. All safety tests performed on vehicles subject to the Illinois Vehicle Inspection Law shall be recorded in accordance with Department policy. All vehicles subject to the Illinois Vehicle Inspection Law that meet or exceed the inspection criteria shall be issued an Illinois COS (i.e., truck, trailer, school bus, or rebuilt).
5) Private OTSs or OMSTCs that perform only Appendix G Inspections, as defined in Section 451.15, are not required to be equipped with an ABTD. Private OTSs are required to perform inspections at the location listed on the permit. Private OMSTCs are required to perform inspections at the location operated by the permitted owner and where vehicles owned or leased by the permitted owner are housed.
**History**
- *Source: Amended at 49 Ill. Reg. 15244, effective November 13, 2025*
##### **92 Ill. Adm. Code 451.25** Incorporation by Reference of Federal Regulations {#sec-451.25 omnilex-key=us-il-regs-official--title-92--451.25}
The Department incorporates by reference Appendix G to 49 CFR Chapter III, Subchapter B as it was in effect on October 1, 2020. No later amendments to or editions of Appendix G are incorporated. Copies of Appendix G may be obtained from the Department or through the Government Publishing Office's website at http://www.ecfr.gov.
**History**
- *Source: Amended at 49 Ill. Reg. 15244, effective November 13, 2025*
##### **92 Ill. Adm. Code 451.30** Standards of Construction (Repealed) {#sec-451.30 omnilex-key=us-il-regs-official--title-92--451.30}
**History**
- *Source: Repealed at 49 Ill. Reg. 15244, effective November 13, 2025*
##### **92 Ill. Adm. Code 451.40** Contact Information {#sec-451.40 omnilex-key=us-il-regs-official--title-92--451.40}
All business and correspondence pertaining to the operation of an Official Testing Station, Official Mobile Safety Testing Company, and vehicle inspections shall be addressed to:
Illinois Department of Transportation
Bureau of Investigations and Compliance
Commercial Vehicle Safety Section
3215 Executive Park Drive
Springfield, Illinois 62703
General Information: (217) 785-1181
Fax: (217) 524-0071
Email: DOT.VehicleInspectionUnit@illinois.gov
**History**
- *Source: Amended at 49 Ill. Reg. 15244, effective November 13, 2025*
## **Chapter I** Department of Transportation
### **Subchapter e** Traffic Safety (except Hazardous Materials)
#### **Part 451** Administrative Requirements for Official Testing Stations
##### **92 Ill. Adm. Code 451.50** Definitions (renumbered) {#sec-451.50 omnilex-key=us-il-regs-official--title-92--451.50}
**History**
- *Source: Renumbered to 451.15 at 17 Ill. Reg. 12839, effective July 27, 1993*
##### **92 Ill. Adm. Code 451.60** Enforcement {#sec-451.60 omnilex-key=us-il-regs-official--title-92--451.60}
a) Inspectors may:
1) Monitor OTSs and OMSTCs and enforce this Part, Sections 12-800 through 12-820 of the Illinois Vehicle Equipment Law and Sections 13-100 et seq. of the Illinois Vehicle Inspection Law.
2) Review applications for permits and Certified Safety Tester (CST) Certificates.
3) Conduct written tests and proficiency tests for persons requesting to become CSTs. (See Section 451.130 for testing procedures.) Conduct same tests for persons who have been requested by the Department to be retested. The Department would require a CST to be retested if that CST had been found guilty of a violation through the administrative hearing process (see Section 13-108 of the Illinois Vehicle Inspection Law and 92 Ill. Adm. Code 450 for hearing process).
4) Inspect buildings, equipment and adjacent roadways or alleys for compliance with classification requirements or any conditions which affect the entrance and exit of vehicles.
5) Inspect safety testing equipment in a lane for cleanliness, operability and accuracy.
6) Require the owner to close the OTS when an ABTD is totally or partially inoperative or inaccurate.
A) All Certificates of Safety at the OTS will be removed and held by an inspector or the Department until the ABTD in a lane has been cleaned, adjusted or repaired so as to render accurate results.
B) An inspector will approve the condition of the lane before it is reopened for testing (i.e., ABTD is operating efficiently and effectively).
7) Instruct owners and CSTs in the proper method of completing forms and reports used in safety testing procedures.
8) Inspect forms required to be posted, completed and filed for cleanliness, legibility, accuracy and availability.
9) Document whether safety tests are performed in accordance with this Part.
10) Access to all records and supplies which are the property of, and furnished by, the Department.
11) Inspect the OTS' and OMSTC's copy of this Part for completeness and availability.
12) Inspect Vehicle Inspection Reports for accuracy, completeness, legibility and proper filing order.
13) Inspect Certificates of Safety at OTS and OMSTCs for numerical sequence and storage security. To inspect the owner's method of accountability for all Certificates of Safety.
14) Investigate all complaints lodged against an OST, OMSTC or CST. (Section 13-107 of the Illinois Vehicle Inspection Law)
15) Monitor OTSs and OMSTCs and procedures used in conducting safety tests through the use of both official marked and unmarked vehicles. Monitoring conducted in marked state vehicles includes unannounced routine visits by inspectors to check records for proper filing and completion, ABTD in a lane for proper calibration and operation, and to administer tests to prospective CSTs or those CSTs required to be retested. Monitoring conducted in unmarked vehicles includes unannounced investigations by Department personnel to determine if OTSs and OMSTCs are performing safety tests in accordance with this Part.
16) Enforce compliance with goals for this program by issuing written warnings or citations/complaints to permit holders and their employees for alleged infractions of Section 13-100 et seq. of the Illinois Vehicle Inspection Law and this Part. The charges as outlined in the citation(s) will be adjudicated at Administrative Hearings conducted by the Secretary, or his authorized representative in accordance with Vehicle Inspection Section Hearings; 92 Ill. Adm. Code 450. The Secretary will determine the innocence or guilt of the defendant after careful evaluation of the evidence presented at such hearings. If a determination of guilt is made, the Secretary will assess penalties for violations alleged on the citation/complaints.
17) Close the OTSs or OMSTCs upon determination of a guilty verdict by Department personnel and subsequent suspension or revocation of testing privileges. Permits and Certificates of Safety will be removed from the facility.
b) Department employees will not solicit or accept any monies, gifts, services or favors for political contributions, supplies furnished, services performed, safety testing equipment purchased or sold, cost of doing business, or for any other activity or reason including "goodwill."
**History**
- *Source: Amended at 49 Ill. Reg. 15244, effective November 13, 2025*
##### **92 Ill. Adm. Code 451.70** Permit Application Procedures and Operating Requirements for Official Testing Stations and Official Mobile Safety Testing Companies {#sec-451.70 omnilex-key=us-il-regs-official--title-92--451.70}
a) To apply for a permit, applicants shall submit a request, in writing, to the Department at DOT.VehicleInspectionUnit@illinois.gov.
b) Once a written request is received, an Inspector will perform a survey at the prospective OTS or OMSTC location to determine compliance with this Part. Inspectors shall review the approval or denial of the survey with the applicant. The survey shall be submitted to the Department by the Inspector.
c) Once the survey is approved, the applicant shall submit to the Department:
1) Application for Official Testing Station or Official Mobile Safety Testing Company Permit.
2) File with the Department a $10,000 bond with security provided by a bonding company in good standing with the Illinois Department of Insurance Bond Form (BIC 1165). The bond form shall be retained by the Department.
3) Application fee of $50.00. The application fee shall be paid through the electronic payment system established by the State of Illinois and utilized by the Department (i.e., Illinois State Treasurer's E-Pay system) made payable to: Treasurer, State of Illinois. This fee is nonrefundable.
d) For each OTS, the applicant shall submit the following photographs to the Department. Digital photos are required.
1) One 8 x 10 digital photograph that shows the lane area entrance; and
2) One 8 x 10 digital photograph that shows the entire lane area; and
3) One 8 x 10 digital photograph that shows the lane area exit.
4) OMSTC applicants shall submit an address facing 8 x 10 digital photograph of the physical business address listed on the application. OMSTC applications are exempt from Lane area photographs in 451.70(d)(1)(2)(3).
5) OMSTC shall submit a list of vehicles that will be utilized to perform safety tests. The vehicle list shall include the vehicle identification Number (VIN), registration number (plate), vehicle model year, and vehicle make.
6) When applying for a Private Permit, the applicant shall submit a list of 75 or more vehicle owned or leased by the owner. The vehicle list shall only include vehicles required to submit to a safety test subject to the Illinois Vehicle Inspection Law. The vehicle list shall include each vehicles' vehicle identification number (VIN), registration (plate) number, vehicle model, vehicle year, and the physical address where each vehicle is housed. If vehicles included on the vehicle list are leased by the applicant, a copy of a signed lease agreement must be submitted along with the vehicle list.
e) If the applicant meets all the applicable requirements of this Part, a permit will be issued to the applicant.
f) Permits issued by the Department will expire 12 months following issuance. The permit shall be renewed annually by complying with this Part and upon payment of a $50 renewal fee. Any change or amendment to an existing permit will require an additional $50 fee.
g) Each permit will be assigned a specific identification number. The OTS or OMSTC identification number, the physical address of the OTS or OMSTC, and expiration date will be displayed on the permit. The permit will also display a public or private designation. Permits issued to OTSs authorized to inspect school buses will also display a school bus designation.
h) Any permit issued to a governmental agency (i.e., state, city, village, incorporated town or county) shall be exempt from the payment of any original or renewal permit fee and exempt from the filing of any bond.
i) A permit issued under this Part is specific to the location identified in the application. Any change in physical location of the OTS or OMSTC shall require a new permit.
j) Any permit issued by the Department will be subject to cancellation, suspension or revocation by the Department for violations of this Part. The first violation by an owner or a CST of the provisions of this Part statutorily requires a minimum suspension of 30 days. The length of a first suspension can be extended up to 180 days if evidence in aggravation of the penalty is introduced at the hearing. A prior suspension within a four year period, without any other aggravating evidence, will result in a 60-day suspension. Violations directly threatening the public safety are considered an aggravation of the penalty. The hearing officer will consider other evidence in aggravation or mitigation of a suspension. Revocation is recommended when suspensions are not correcting improper performance. After two suspensions in a two-year period, or after repeated suspensions over a longer period, the permit will be revoked upon another violation. Revocation will also be recommended when a pattern of violations indicates that a fraud on the public is being committed. A hearing officer will consider other evidence in aggravation or mitigation when considering revocation of a permit.
k) If an Owner or CST is found guilty of a serious violation through the Department's administrative hearing process (see 92 Ill. Adm. Code 450, Commercial Vehicle Safety Section Hearings) and the permit is revoked, the owner cannot make an application for a new permit within the period of twelve months after the date of the revocation and then, upon making an application, the Department shall consider this record in deciding whether or not to grant the license. Owners who have been denied a permit renewal may request an administrative hearing as prescribed in 92 Ill. Adm. Code 450.
l) Each OTS or OMSTC shall have at least one person licensed by the Department as a CST.
m) No safety test shall be conducted unless the OTS or OMSTC possesses and has properly displayed a valid permit issued by the Department.
n) If an OTS or OMSTC is inoperative for more than six months in the previous 12 months, the permit will be cancelled and the OTS or OMSTC will be closed. If the owner wishes to reopen at a later date, a new application shall be submitted to the Department and the $50 filing fee shall be paid.
o) Permits are designated either public or private.
1) Public
A) Public OTSs are required to safety test all vehicles permitted for and required to submit to a safety test in accordance with the Illinois Vehicle Inspection Law or permitted by the FMCSA (prior authorization is required to perform school bus inspections).
B) Public OTSs and OMSTCs shall be open for testing for a minimum of eight hours between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday, except on federal holidays.
C) Vehicle owners shall not be required to make an appointment at a Public OTS.
D) Public OTSs are required to have an ABTD available for use in the lane to safety test school buses and special vehicles. The ABTD shall be calibrated and operate according to the ABTD manufacturers specifications.
E) OTSs shall perform Appendix G inspections on the property at the address listed on the permit. Appendix G inspections must not be performed on roadways, alleys, or any property other than the address listed on the permit.
2) Private
A) Private OTSs and OMSTCs are not open to the public. They are established solely for the purpose of testing 75 or more vehicles owned or leased by the firm in whose name the permit is issued. Vehicles that are owned or leased by a private OTSs or OMSTCs are not required to be housed at the same location. Private OTS or OMSTC owners shall retain at least 75 vehicles that require safety testing in their fleet in order to maintain their status permit.
B) Private OTSs shall only perform safety tests at the physical address list on the permit.
C) Private OTS or OMSTC owners shall annually provide the Department a list of all vehicles leased or owned by the company operating the OTS or OMSTC and subject to the Illinois Vehicle Inspection Law. The list shall include the vehicle identification number (VIN), registration (plate) number, vehicle model, vehicle model year, and the physical address each vehicle is housed. Private OTSs and OMSTCs fleet information shall be submitted to the Department with the annual permit renewal request. If vehicles are leased by the private OTS or OMSTC, a copy of a signed lease agreement must be submitted along with the vehicle list.
D) At the time of permit renewal, if a company operating a private OTS or OMSTC fails to submit its fleet list and lease agreement (if appliable), fails to maintain 75 vehicles in its fleet, or fails to perform at least 75 inspections since the last permit renewal, the permit will be cancelled.
E) Private OTSs or OMSTCs are exempt from maintaining normal business hours but shall be open for monitoring by inspectors during the hours required in subsection (q)(1)(B).
F) Private OTSs and OMSTCs are subject to the same requirements as public OTSs and OMSTCs except where specifically noted.
G) Private OTSs that operate special vehicles or school buses shall be equipped with an ABTD readily available for use.
H) Inspectors of the Department shall conduct periodic nonscheduled inspections on owners' premises of vehicles owned and operated by licensed "Independent i.e., Private Official Testing Stations." (IVC Section 13-105)
**History**
- *Source: Amended at 49 Ill. Reg. 15244, effective November 13, 2025*
##### **92 Ill. Adm. Code 451.80** Applicant Qualifications for Official Testing Station and Official Mobile Safety Testing Company Permits {#sec-451.80 omnilex-key=us-il-regs-official--title-92--451.80}
a) Permit applicants shall be 18 years of age.
b) All forms furnished by the Department shall be completed correctly by the applicant.
c) All information supplied on the forms will be reviewed by the Department to determine if the building configurations and the ABTD in a lane (if applicable) meet the necessary requirements of this Part to qualify as an OTS or OMSTC. The Department also verifies that at least one person will become a CST as required in Section 451.70(m).
d) Any false information provided during the application process will nullify an application or cancel an existing permit. The applicant may apply one year after the date of original application or permit cancellation, whichever occurred last.
**History**
- *Source: Amended at 49 Ill. Reg. 15244, effective November 13, 2025*
##### **92 Ill. Adm. Code 451.90** Official Testing Station Requirements {#sec-451.90 omnilex-key=us-il-regs-official--title-92--451.90}
a) The OTS shall be a permanent building constructed so that the lane is protected from exposure to the weather. OTSs shall have a permanent roof, contiguous permanent walls and permanent doors meeting the height and width requirements of this Part. The floor of all OTS shall be a level concrete surface.
b) The building shall be located on the OTSs property so that a vehicle waiting to enter the building shall not obstruct passing vehicles in any alley, street or highway.
c) The vehicular entrance and exit to the OTSs building shall neither be obstructed nor can a driveway be constructed to interfere with the free movement of a vehicle either entering or exiting the OTS.
**History**
- *Source: Amended at 49 Ill. Reg. 15244, effective November 13, 2025*
##### **92 Ill. Adm. Code 451.95** Official Mobile Safety Testing Company Requirements {#sec-451.95 omnilex-key=us-il-regs-official--title-92--451.95}
a) OMSTCs must maintain a physical office within the State of Illinois. This address must be the same address listed on the permit and where the owner shall store and maintain all records required by this Part.
b) The physical address listed on the application will be considered the "brick and mortar home office" of an OMSTC, and the location inspectors will administer CST examinations and inspections of this Part.
c) OMSTCs shall only perform safety tests of vehicles at the vehicle owner's place of business.
d) At the request of the Department, with a 48-hour advance notice, an OMSTC must submit a list of vehicle owners' names, vehicle owners' places of business addresses, and date and time safety tests are scheduled to be performed.
e) An OMSTC must maintain a copy of this Part and all Parts required to perform an Appendix G inspection in each vehicle utilized by the OMSTC to perform safety tests. The Parts may be hard copy or electronic.
**History**
- *Source: Added at 49 Ill. Reg. 15244, effective November 13, 2025*
##### **92 Ill. Adm. Code 451.100** Designated Testing Lane Requirements {#sec-451.100 omnilex-key=us-il-regs-official--title-92--451.100}
a) OTSs are required to have at least one lane area where all school bus, special vehicle, and applicable MFSAB safety tests are performed. The lane is where all ABTDs are installed or utilized. Appendix G inspections are not required to be performed in the lane area, but must be performed on the property listed as the physical address of the OTS.
b) The floor of the lane shall be free of excessive dirt, oil, or grease as to not alter the results of performing a safety test requiring an ABTD.
c) The floor of the lane shall be an appropriate surface suitable for the installation or proper use of the ABTD. Owners shall follow the specifications provided by the manufacturer of the ABTD regarding the proper use and installation.
d) An OTS may have more than one lane. If equipped with more than one lane, at least one lane shall be available at all times for safety tests. Additional lanes can be utilized for other purposes, except that all lanes shall be available when CSTs are available and customers are requesting a safety test.
e) The lane shall be well lighted, ventilated by natural or artificial means and capable of being heated when necessary.
f) The lane shall be located to allow a direct approach by the tested vehicle within the dimensions required for a permit.
g) There shall be no obstruction caused by building design or fixture placement within the minimum dimensions of the lane.
h) If a permit is cancelled because an OTS or OMSTC is closed or inactive for at least six months (see Section 451.70(q)), an inspection of any ABTD (if applicable), records, CST certificates, and the building facilities will be conducted by an inspector before the OTS or OMSTC reopens. After approval by the inspector, a new permit will be issued.
i) If any OTS is closed for any reason for more than 30 days, the safety testing of vehicles will not be resumed until the ABTD is functioning per the manufacturer's specifications. The owner shall notify the Department when the ABTD is functioning. An inspector will visit the Station to confirm all requirements of this Part are being met before the Station is allowed to reopen.
j) If an OTS is closed due to an ABTD malfunction, no inspections are to be performed at the OTS, regardless of whether an ABTD is required for an inspection. Once the ABTD malfunction is corrected, an inspector shall visit the OTS to verify the ABTD is operating per the manufacturers specifications. When the ABTD is found to be functioning, the inspector shall reopen the OTS to perform inspections.
**History**
- *Source: Amended at 49 Ill. Reg. 15244, effective November 13, 2025*
##### **92 Ill. Adm. Code 451.110** Official Testing Stations Classifications, Specifications and Safety Test Equipment {#sec-451.110 omnilex-key=us-il-regs-official--title-92--451.110}
a) Effective July 1, 2025, all new OTSs shall meet the following dimension requirements before a permit is issued (does not apply to permit renewals). OTSs shall have both an entrance and an exit door that provide drive-through capability for vehicles subject to safety test.
Minimum Door Height:
14'
Minimum Door Width:
12'
Minimum Station Height at Lane:
14'
Minimum Lane Width:
12'
Minimum Lane Length:
64'
b) The following are the minimum dimensions and lane OTS classifications for those OTSs which were first issued a permit prior to July 1, 2025:
A+
B
B1
B2+
C+
D(+ optional)
Door Height
12'
8'
12'
12'
14'
12'
Door Width
10'
8'
10'
12'
12'
10'
Lane Height
12'
8'
12'
12'
14'
12'
Lane Width
14'
12'6"
12'6"
14'
14'
14'
Lane Length
64'
30'*/40'*
++
++
64'
64'
* With a combination wheel alignment and brake testing device
+ Must have an entrance and exit door in direct line with the safety test equipment. D OTS's have optional drive through capabilities.
++ Lane dimensions have been waived to accommodate vehicles. Refer to subsections (e) and (f) for requirements.
c) All OTSs that were issued a permit prior to July 1, 2025 shall retain the OTS classification assigned to it under subsection (b).
d) Public School Bus Only OTSs are authorized to only safety test school buses and are open to the general public. Private School Bus OTS are not open to the public and are authorized to safety test 75 or more school buses owned or leased by the firm in whose name the permit is issued. All School Bus Only OTSs are exempt from the drive-through requirement and dimensions of subsection (a) but shall have a lane length of at least 45'.
e) Class B OTS are limited to testing single unit motor vehicles (trucks, tractors and buses). No trailers or semitrailers shall be tested at a B OTS. Vehicles tested at B OTS must not exceed authorized capacity of test equipment or Permit limitations (refer to subsection (b) for limitations).
f) Class B1 OTS are authorized to test single motor vehicles. The Station can be a drive-through operation but it is not required. Special category vehicles or school buses being tested cannot exceed the capacity of the authorized safety test equipment. No trailers or semitrailers shall be tested at a B1 OTS.
g) Class B2 OTS are authorized to test all sizes and combinations of vehicles. B2 OTS must have drive-through capabilities. Special category vehicles or school buses being tested cannot exceed the capacity of the authorized safety test equipment. The size of any vehicle being inspected shall not exceed the limitation of the Official Testing Station's building.
h) Class C OTS are authorized to test all sizes and combinations of vehicles which can enter the lane facilities and not exceed the capacity of the authorized safety test equipment.
i) Class D OTS are public OTS established solely to conduct school bus safety tests. These OTS are authorized to test all school buses which can enter the lane facility and not exceed capacity of the authorized safety test equipment. D OTS may have drive through capabilities, if their building so permits, but it is not a requirement.
j) Any OTSs may test school buses provided authorization has been granted by the Department. The owner shall employ at least one school bus CST prior to authorization being granted by the Department. The ABTD must be capable of testing the weight of a school bus.
k) The requirements for private OTSs shall be the same as for public OTSs, except where noted.
l) An OTS' lane shall be outlined with a readily visible perimeter line at least 3" wide and of a color that contrasts with its background. The lane perimeter lines shall be permanently marked on the floor in the dimensions set forth in subsection (a).
m) There shall be no obstruction caused by building design or fixture placement within the dimensions of the lane.
n) All ABTDs must be approved by the Department prior to being utilized by an OTS to perform safety tests.
o) All ABTDs shall be installed and/or utilized according to the respective manufacturer's specifications. The location of drive-on or roll-on devices shall be approved by the Department (see subsection (o)). The center line of a drive-on or roll-on device may be offset from the center of the lane entrance to the center of the lane exit; however, drive-through capabilities (if applicable) and accurate test readings shall be maintained.
p) All OTSs and OMSTCs shall be equipped with the following items:
1) black or blue permanent marker;
2) measuring device;
3) tread depth gauge;
4) set of calipers;
5) wheel chocks;
6) flashlight;
7) scratch pad or small notebook; and
8) a printer to provide customer VIR copy.
q) Public and private OTSs required to use an ABTD shall also be equipped with an approved jack or lift that has a manufacturers specified capacity of raising the front of any vehicle submitted for a safety test that requires the front end to be raised.
r) OTSs and OMSTCs are prohibited from inspecting motorcoaches to satisfy 49 CFR 396.17 (Appendix G inspection) utilizing any COS, forms, or any supplies provided by the Department.
s) For drive-on and roll-on brake testing devices, the tower shall be located either on the left side or at the right front corner of the lane and must be easily read from the driver's seat of the vehicle being safety tested.
t) ABTDs shall be maintained in accordance with the respective manufacturer's instruction manuals and specifications.
u) If an OTS changes its location, it will lose its previous classification under subsection (b) and shall meet the requirements of subsection (a). Any change in ownership, business name, or location requires a new permit application and a $50 filing fee. Following approval by the Department, a new permit and Identification Number will be issued. The Department will not require a change in classification for an ownership change where the requirements of 625 ILCS 5/13-103.2 are met.
**History**
- *Source: Amended at 49 Ill. Reg. 15244, effective November 13, 2025*
##### **92 Ill. Adm. Code 451.120** Responsibilities of the Official Testing Station and Official Mobile Safety Testing Company Owner {#sec-451.120 omnilex-key=us-il-regs-official--title-92--451.120}
a) The owner shall require all CSTs to comply with this Part.
b) The owner shall be responsible for all practices and procedures, including, but not limited to, any certified or non-certified employee allowed to perform safety tests while in the employ, direction or control of the owner. The owner is responsible for all safety test practices and procedures, regardless of whether the owner has knowledge or approves of such practices and procedures.
c) The owner is responsible for their own conduct and behavior and that of their employees. No owner or employee shall harass or intimidate an inspector.
d) No owner shall allow the rates charged to be more than the scheduled rates approved by the Department and posted at the OTS or OMSTC. If a rate increase has been approved by the Department, the higher rate cannot be charged until the new fee schedule has been posted at the OTS or OMSTC.
e) If the vehicle being safety tested does not meet the requirements established by the Department, no owner shall allow any repairs or adjustments to be initiated without the express permission of the vehicle owner or driver.
f) No owner shall allow any additional administrative charges (e.g., billing, printing, or copying) be assessed against the vehicle owner or driver.
g) Nothing in this Section shall be construed to mean that any adjustment, correction or repair shall be made at or by the OTS or OMSTC performing the safety test.
h) It shall be the owner's responsibility to immediately notify the Department at email address provided in Section 451.40, of any change in ownership, business name, location or status. Such changes include incorporation of the firm, change in corporate officers or dissolution of partnership or corporation. Any such change without immediate notification shall automatically cancel the existing permit.
i) The owner shall email a completed Application for Certified Safety Tester Examination (Form BIC 1200) to the Department when the owner wishes to employ a CST. Along with the application, the request shall include:
1) A legible copy of the prospective CST's valid photo identification issued by a State or by the United States government. Identification shall be attached to the CST application; and
2) A digital head and shoulders photo of the applicant that measures at least 2" x 2" but not more than 3" x 3".
j) The owner is responsible for training CST applicants on all testing procedures including any ABTD necessary to safety test a vehicle. At the time of a CST examination, the owner shall have a vehicle present that is applicable to the examination being administered, (i.e., a vehicle equipped with air brakes for a truck certification examination). All CST examinations will be administered at the physical location listed on the permit.
k) The owner shall immediately notify the Department, by email, when neither the owner nor any of the owner's employees are eligible to test vehicles. Owners shall return the CST certificate to the Department immediately when a CST no longer performs safety tests (i.e., no longer employed by the OTS or OMSTC). Failure to have at least one CST automatically suspends the Permit until the owner or an employee becomes a CST. The owner shall immediately notify the Department of the OTS or OMSTC closure and subsequent reopening at the email address provided in Section 451.40.
l) It shall be the owner's responsibility to notify the Department by the email address provided in Section 451.40 prior to any scheduled voluntary closure.
m) If a OTS is required to have an ABTD, the owner is responsible for maintaining the equipment in proper calibration and working order. The owner is also responsible for maintaining the OTS and the lane or lanes in proper condition as required in this Part.
n) If the OTS's ABTD is not functioning per the manufacturer's specifications, the owner shall report the malfunction to the Department at the email address provided in Section 451.40. OTSs that are not equipped with a functioning ABTD are prohibited from performing all safety tests at the OTS regardless of whether an ABTD is required to perform the safety test.
o) Safety testing of vehicles will not be resumed until the ABTD is functioning per the manufacturer's specifications. The owner shall notify the Department by email provided in Section 451.40 when the ABTD is functioning. An inspector will visit the OTS within 2 business days to verify the ABTD is functioning properly prior to the OTS re-opening the OTS to resume safety testing.
p) If an OTS or OMSTC is not able to perform a retest, the test fee shall be refunded to the owner or driver of the previously rejected vehicle.
q) Upon receipt of any addition, deletion or other notification of change issued by the Department, it shall be the owner's responsibility to file updates to their OTS or OMSTC copy of this Part and 92 Ill. Adm. Code 438, the Appendix G Inspection, as defined in Section 451.15, and 92 Ill. Adm. Code 441, 443, and 445, if applicable. The complete and current copy of this Part shall be kept at the OTS, OMSTC, and vehicles used to perform safety tests by OMSTCs and shall be made available to all CSTs at all times.
r) It will be the owner's responsibility to bring to the attention of all CSTs any material disseminated by the Department, including, but not limited to, changes, additions and deletions to this Part or 92 Ill. Adm. Code 438, the Appendix G Inspection, as defined in Section 451.15, and 92 Ill. Adm. Code 441, 443, and 445, if applicable.
s) It shall be the owner's responsibility to ensure that he, as well as all CSTs, utilize the proper forms. The forms shall be completed correctly and shall be submitted as prescribed by the Department.
t) It shall be the owner's responsibility to maintain a supply of COS and numerical insert decals to accommodate any vehicle the OTS or OMSTC is permitted to safety test. If the OTS or OMSTC does not have a supply of COS and numerical insert decals to issue to a rejected vehicle returning for retest, the test fee shall be refunded to the vehicle owner or driver.
u) The owner shall be responsible for the proper security, distribution in sequential order by book and handling of the COS.
v) If an OTS is required to have an ABTD, it shall be the owner's responsibility to notify the Department at the email provided in Section 451.40 of any change in the ABTD (e.g., a new ABTD is purchased).
w) It shall be the owner's responsibility to provide appropriate payment for COS ordered from the Department.
x) If as the result of an Administrative Hearing, as prescribed in 92 Ill. Adm. Code 450, a Permit is suspended, performance of any and all safety tests shall be prohibited for the duration of the suspension. It shall be the owner's responsibility to surrender the Permit, COS and furnished supplies to the inspector on the date the suspension begins. The owner shall be responsible for making all employees honor the terms of the suspension.
**History**
- *Source: Amended at 49 Ill. Reg. 15244, effective November 13, 2025*
##### **92 Ill. Adm. Code 451.130** Certified Safety Tester Qualifications and Requirements {#sec-451.130 omnilex-key=us-il-regs-official--title-92--451.130}
a) Prospective and current CSTs shall meet the following requirements:
1) Be at least eighteen years of age; and
2) Possess a valid photo identification issued by a State or by the United States government.
b) Every applicant shall accomplish the following before certification as a CST is awarded:
1) Pass an open-book written test based on this Part and the applicable procedures prescribed in the 92 Ill. Adm. Code Inspection Procedures.
2) If applicable, demonstrate proficiency in the operation of the ABTD utilized at the OTS where employed.
3) Proficiently perform a safety test on a vehicle applicable to the examination being administered.
c) The owner may request that a CST applicant who failed any portion of subsection (b) be reconsidered for certification.
1) A person requesting to be retested shall wait 15 days from failure before reapplying.
2) A person who fails any portion of a retest two times shall wait 30 days before requesting a retest.
3) After three failures within one year, a person is not eligible to reapply for a period of one year from the date of the last failure.
d) A CST shall test a minimum of 10% of the vehicles safety tested at the CST's OTS or OMSTC during any calendar year. The Department may require any CST to be retested if the CST does not test at least 10% of the vehicles or is either issued a written warning or citation from the Department. A retest under this subsection shall be scheduled within 30 days after receipt of notice from the Department. The Department may consider a CST certificate revoked if a CST does not perform 10% within a calendar year.
e) The Department shall annually recertify CSTs who have met its requirements. CST certificates shall expire 12 months following the date of issue but may be renewed annually by complying with the requirements as established by the Department. (Section 12-103.1 of IVC) CSTs are not required to be recertified until they have been a CST for more than one year. Annual CST recertifications shall be administered at the physical location list on the permit.
f) The annual recertification of CSTs may include an open-book examination, physically performing a safety test on a vehicle subject to safety testing or demonstrating proficiency in the operation of the ABTD utilized at the OTS or OMSTC where employed.
g) CSTs who fail the recertification exam are prohibited from inspecting vehicles until they have successfully passed the initial CST proficiency and written examinations. Failure to pass any part of the recertification exam cancels the CST's Certificate and requires the CST to pass the initial certification examination, including the proficiency and written examination as prescribed in subsections (b) and (d), if applicable.
h) If the OTS where a CST is employed changes the ABTD, the CST shall be required to demonstrate proficiency in the operation of the new ABTD.
i) If a CST is employed at a second or subsequent OTS or OMSTC, a new Certificate will be issued to the CST for each OTS or OMSTC. The owner shall notify the Department that the owner wishes to employ an existing CST.
1) If the lapse in employment between OTS or OMSTC does not exceed 30 days, and any ABTD does not differ (if applicable.), the CST's Certificate will be updated and mailed to the OTS or OMSTC where the CST is now employed.
2) If a lapse in employment between Stations exceeds 30 days or if any ABTD differs, the CST must pass both the written and proficiency examinations.
i) CST Certificates remain the property of the Department and shall be immediately returned to the Department when a CST ceases to either safety test vehicles or be employed at the Station. If requested by an Inspector, the Certificate shall be surrendered
k) CST Certificates shall be seized by an Inspector when the Certificate is suspended, cancelled, or if the CST fails to maintain certification.
l) CST Certificates are subject to cancellation or suspension for any violation of this Part. (See Section 13-108 of the IVC and 92 Ill. Adm. Code for administrative hearing procedures.)
m) If a CST's Certificate has been suspended for 90 days or more or cancelled, the Department will require the CST be retested and pass the written and proficiency examinations prior to a Certificate reinstatement.
n) If an OTS or OMSTC is inoperative for a total of six months or more, during a 12-month period, all CST Certificates shall be cancelled. Any former CST shall be retested and pass the written and proficiency examinations before a Certificate is issued.
o) Failure of a CST to pass either the proficiency or written portion of any retest shall automatically cancel the Certificate.
p) Refusal of a CST to submit to retesting or recertification shall automatically cancel his/her Certificate. The cancelled Certificate shall be surrendered to an Inspector, at the inspector's request.
q) No person shall perform any part of a safety test unless certified as a CST by the Department and possess a valid Certificate issued by the Department. The Certificate shall be displayed in the lane where the CST is employed or in the vehicle used for performing safety tests by an OMSTC.
1) No CST, Owner, OTS, or OMSTC employee shall authorize duties which are required to be performed by a CST to one who is not a CST.
2) No person shall test school buses unless they have been certified as a School Bus CST.
3) The Department may issue a citation/complaint or written warning to an owner who allows an employee who is not a CST to safety test a vehicle and/or issue a COS in violation of this Part.
r) The CST shall perform the applicable safety test according to the vehicle's type and required test procedures (see 92 Ill. Adm. Code Inspection Procedures and the Appendix G Inspection).
s) Before beginning the safety test, the CST shall remove any previously applied COS affixed to the vehicle.
t) The CST shall have sole physical control of the vehicle during the entire safety test procedure for any special vehicle or school bus being tested.
1) A CST shall perform the retesting of repaired components requiring use of an ABTD only within the perimeter lines of the lane.
2) No CST shall perform any repairs or charge for any repairs made on a vehicle submitted for a safety test without the express consent of the vehicle's owner or driver.
u) The CST shall be responsible for all safety test results entered on the VIR. The CST shall prepare a VIR for each vehicle presented for a safety test.
v) The CST who performed the original safety test or retest of a vehicle shall affix the appropriate COS to the vehicle only if the vehicle meets or exceeds the specifications necessary to pass a safety test.
1) The CST shall complete the backside of the COS, except for a trailer COS, with the required information using a permanent black or blue marker.
2) The CST shall affix to the face of the COS the appropriate numeric decals indicating both the month and year of the COS expiration date.
w) A CST shall not accept any gratuity from any person for or in connection with a safety test or for the issuance or giving of a COS.
**History**
- *Source: Amended at 49 Ill. Reg. 15244, effective November 13, 2025*
##### **92 Ill. Adm. Code 451.140** Certificate of Safety {#sec-451.140 omnilex-key=us-il-regs-official--title-92--451.140}
a) Certificates of Safety shall be affixed to vehicles that meet or exceed the specifications necessary to pass a safety test (see 92 Ill. Adm. Code 441, 443, 445, 438 and the Appendix G Inspection, as defined in Section 451.15).
b) COS remain the property of the State of Illinois and will be seized if a permit is cancelled or suspended.
c) COS at all OTSs and OMSTCs shall be subject to inspection by an inspector at any time the OTS or OMSTC is open for business.
d) COS shall comply with the following physical description:
1) COS Colors:
A) Truck (annual and semi-annual (six months)) – blue;
B) Trailer (annual and semi-annual (six months)) – green;
C) School bus – yellow; and
D) Rebuilt – gray.
2) Display the State of Illinois seal on the front side;
3) Display on the front side a serial number that is unique to the COS.
4) Display on the backside an area where required information shall be inserted by the CST (except trailer COS); and
5) Display two numerical insert decals on the front side identifying the expiration month and year (except rebuilt vehicle COS). Rebuilt COS are issued once and do not expire.
e) COS shall not be duplicated, altered, manufactured, or created by any manner or means unless specifically done under contract with the Department.
f) COS expire at midnight on the last day of the month indicated by the numerical month insert decal applied to the COS. COSs that are applied to vehicles displaying a USDOT number expire 12 months from the date the safety test was performed.
g) School bus COS expire at midnight on the last day of the month indicated by the numerical month insert decal applied on the COS or when the odometer reading on the bus exceeds the mileage found on the mileage inspection due line on the backside of the COS.
h) No owner or CST shall issue, nor shall any person accept, obtain or attempt to obtain a COS for a vehicle which has not completely passed a safety test.
1) Possession by a vehicle owner or operator of a COS which is not firmly affixed to a vehicle, or is affixed in any other location than the prescribed location, shall be prima facie evidence of obtaining a COS without a proper safety test. Possession of such COS indicates the CST did not perform a proper safety test.
2) If as the result of an Administrative Hearing or the filing of a voluntary waiver of hearing and a plea of guilty, the Secretary of the Department makes a determination of a defendant's guilt, the serial number associated with each COS illegally obtained as prescribed in subsection (h)(1) shall be reported by the owner to the local police department where the OTS or OMSTC is located.
3) The Department assumes no liability for the cost of reinspection of a vehicle from which a COS has been illegally issued or illegally obtained.
4) Each COS illegally issued or illegally obtained shall be a separate, distinct violation of this Part.
i) Each COS issued by an OTS or OMSTC shall be accounted for on the appropriate corresponding VIR.
j) The COS shall be affixed by the CST in numerical sequence by book, starting with the lowest serial number and proceeding in strict ascending order through the highest serial number. Such numerical progression shall be directly related to the passage of time and date of tests performed.
k) Two numerical insert decals applied to the COS shall indicate the month and the year of expiration.
l) COS shall be written upon only as prescribed by the Department. The backside of the COS shall be completed by the CST before the COS is affixed to the vehicle. The following information shall be completed on the backside of the corresponding COS:
1) Truck – license plate number, OTS or OMSTC identification number, CST identification number, and CST signature.
2) School bus – date of inspection, mileage inspection due OTS or OMSTC identification number, CST identification number, and CST signature.
3) Rebuilt – date of inspection and CST signature.
m) No OTS or OMSTC shall borrow, purchase or receive any COS from another OTS or OMSTC. No OTS or OMSTC shall lend, sell, or give any COS to another OTS or OMSTC. All COS shall be obtained from the Department.
n) A COS shall not be issued to any vehicle not subject to the Illinois Vehicle Inspection Law or this Part as identified in Section 451.20(b).
o) Certificates of Safety shall be applied as follows:
1) Vehicles with windshields – Applied to clear glass as close as practicable to the extreme bottom of the windshield directly in line with the steering column.
Exception: If the application or removal of the COS may cause damage to the vehicle (e.g., electronic defroster or heads-up display), the COS may be applied near the left side windshield pillar as low as practicable but must not obstruct the driver's view.
2) Trailers – Directly to a permanent part on the exterior surface of the trailer. The COS shall be affixed to the left side of the trailer vehicle at the lower corner of the leading edge above the bump rail, as defined in Section 451.15. If no permanent part of the body exists, the COS can be affixed to the bump rail. The front of the COS shall face at approximately ninety degrees from the body of the vehicle.
3) Rebuilt trailers and motorcycles (without windshields):
A) Remove the protective coating from the front of the COS;
B) Write the date the safety test was performed on the front side of the COS with black or blue permanent marker. Do not cover any part of the serial numbers on the COS;
C) Reapply the protective coating (or apply clear packing tape) to the front of the COS;
D) Staple the COS to the vehicles' copy of the VIR.
p) COS are void when removed from the vehicle. Any voided COS cannot be reaffixed to the same or any vehicle.
q) If the original COS is destroyed within 60 days of the original test due to the replacement of the vehicle's windshield, the vehicle shall return to the original issuing OTS or OMSTC.
1) The original OTS or OMSTC shall issue a replacement COS for the fee established by statute in IVC Section 13-110 provided the vehicle owner returns the original COS that displays the complete serial number. If the complete serial number is not present on the COS, a copy of the VIR that displays the complete serial number can be presented with the illegible COS. The replacement COS shall expire the same month and year as the original COS. The CST will complete a new VIR to record and document the replacement COS.
2) If more than 60 days has elapsed since the original test, a complete safety test shall be performed.
3) A police report shall be presented to the OTS or OMSTC by the driver of a vehicle who requests a replacement for a lost or stolen Certificate of Safety. The police report shall be submitted to the Department along with the serial number of the COS replacing the lost or stolen COS, if applicable.
r) COS shall be issued to an OTS or OMSTC by the Department only after the appropriate fee has been collected. The exact number of COS will be issued for the fees received.
s) The following procedures shall be followed when ordering COS:
1) COS orders and payment shall be submitted using the electronic payment system established by the State of Illinois and utilized by the Department. (i.e., Illinois State Treasurer's E-Pay system) Fees authorized by the Section 13-110(b) of IVC shall be paid to: Treasurer, State of Illinois, by the OTS or OMSTC for each COS. The OTS or OMSTC shall only charge the authorized fee for issuing a COS.
2) Delivery of COS shall only be made to the address listed on the permit.
t) Inventory requirements for OTSs and OMSTCs:
1) OTSs and OMSTCs shall maintain a supply of COS and numerical insert decals to issue to both originally tested vehicles and vehicles returning for retest.
2) If the original OTS or OMSTC does not have a supply of COS to issue to a rejected vehicle being returned for retest, the test fee shall be refunded to the vehicle owner.
u) COS shall be stored in a locked place within the OTS, OMSTC, or a vehicle operated by an OMSTC to perform safety tests.
v) Reporting requirements for COS lost or stolen from an OTS or OMSTC:
1) The owner shall, without delay, notify the police agency in the jurisdiction where the OTS or OMSTC is located of the loss or theft of any COS. The owner shall obtain a report from the police agency notified.
2) The owner shall notify the Department without delay at email provided in Section 451.40 giving OTS or OMSTC name, identification number, and serial numbers of the COS that were lost or stolen.
3) The Owner shall complete the Report of Lost or Stolen Safety Certificates form (BIC 1241). The original form is to be emailed to the Department at email address provided in Section 451.40 along with the corresponding police report.
4) COS that are lost or stolen from an OTS or OMSTC shall not be replaced by the Department. It is the responsibility of the owner to file a claim with the appropriate party.
w) COS that are mutilated, destroyed, or voided while being applied by a CST shall not be returned to the Department for replacement COS or refund of the fee of the COS. The owner shall submit the original mutilated COS to the Department along with a completed Defective, Mutilated, or Replacement COS Report.
x) COS that are manufactured with a defect can be returned for replacement COS. The owner shall complete and submit the Defective, Mutilated, or Replacement COS Report and attach the returned COS to the form. Defective COS shall display a complete serial number to qualify for replacement. The Department will mail replacement COS to the owner in intervals of 10 COS. OTS and OMSTCs will receive credit for defective COS returned to the Department which must be used toward the OTS's next COS order once the credit is at 10 or more (one book of COS).
y) When an OTS or OMSTC permanently closes, the owner shall submit a written request to the Department at the email provided in Section 451.40 in order to obtain any refund monies due to the owner for unused COS. The request shall include the OTSs or OMSTCs current IRS W-9 form. An inspector will collect any unused COS, the permit, CST certificates, and all property of the Department. The Department will submit the OTSs or OMSTCs refund to the State of Illinois Comptroller within 30 days of the Department receiving the refund request.
**History**
- *Source: Amended at 49 Ill. Reg. 15244, effective November 13, 2025*
##### **92 Ill. Adm. Code 451.150** Vehicle Inspection Report (VIR) Procedures {#sec-451.150 omnilex-key=us-il-regs-official--title-92--451.150}
a) The VIR shall be completed by a CST.
b) VIRs and data within VIRs shall remain the property of the Department at all times.
c) Every combination of vehicles (e.g., tractor-trailer) shall be tested as separate units and shall have a separate VIR.
d) A valid School Bus Brake Inspection Report (BIC 2258) shall be presented to the CST prior to each school bus safety test. (See subsection (m) for retention procedures.) EXCEPTION: If the school bus has operated less than 10,000 miles and less than 12 months have passed since the school bus was manufactured, a Brake Inspection Report is not required.
e) The CST shall remove any previously applied COS from the vehicle prior to any safety test.
f) The CST shall complete the applicable VIR in accordance with Department procedures. All fields shall be completed unless a component does not apply to the vehicle subject to safety testing. Each applicable component shall be checked either "Pass" or "Fail".
g) Vehicles equipped with single wide-based tires (i.e., super single tires) on the rear of the vehicle shall be recorded as a dual axle vehicle.
h) The COS fee shall not be charged until the COS is issued.
i) The owner is responsible for issuing, submitting, and filing all VIRs in accordance with Department procedures.
OTSs and OMSTCs shall provide a hard copy of the VIR to customers who operate interstate, medical carrier, rebuilt, and rejected vehicles. At the vehicle’s owner or operator request, OTSs and OMSTCs shall provide either a hard copy or an electronic copy for all other vehicles.
j) OTSs authorized to inspect school buses shall establish and maintain a separate file folder (not electronic) that contains hard copies of the School Bus Brake Inspection Reports (BIC 2258) for school buses submitted to a safety test at that OTS. Brake Inspection Reports shall be filed according to the date that the school bus was issued a COS. Brake Inspection Reports shall be available for inspection by an Inspector, if requested. Brake Inspection Reports shall be kept at the OTS for, at a minimum, 18 months from the COS issue date.
k) Vehicle Inspection Reports – Rejected Vehicles:
The CST shall provide the driver with a hard copy of the VIR indicating rejection. The VIR indicating rejection allows 30 days for repair and return to the original OTS or OMSTC for retest of only previously rejected components. If the vehicle passes the retest, only the COS fee, as determined by the Section 13-110 of IVC, can be charged. The cost of the original inspection covers the cost of the retest for 30 days.
**History**
- *Source: Amended at 49 Ill. Reg. 15244, effective November 13, 2025*
##### **92 Ill. Adm. Code 451.160** Official Testing Station and Official Mobile Safety Testing Company Forms, Records, Supplies and Reports {#sec-451.160 omnilex-key=us-il-regs-official--title-92--451.160}
a) Required forms and supplies shall be provided by the Department.
b) All required forms and supplies remain the property of the Department.
c) Supplies provided by the Department include month and year numerical inserts that are applied to COS. All supplies furnished by the Department shall be available for inspection by Inspectors anytime during the hours listed in Section 451.70.
d) All COS, the permit, CST Certificates, and supplies provided by the Department will be surrendered to an Inspector when a OTS or OMSTC is permanently closed or the permit is suspended or revoked.
e) It shall be the owner's responsibility to make sure his employees utilize the proper forms.
f) Owners are required to post the following items in the lane area within the OTS at a location visible to drivers of a vehicle being submitted for a safety test. All posted items shall be located together in the lane area and protected from the elements either by glass or lamination.
1) Permit;
2) Certified Safety Tester Certificate or certificates;
3) Approved inspection fee (per axle) as shown on the Station Fee Schedule provided by the Department (if applicable); and
4) Approved school bus inspection fee as shown on the Official School Bus Testing Station Price Schedule provided by the Department (if applicable).
g) OMSTC owners are required to post the following items at the physical address location listed on the permit. Copies of the following items shall be maintained in each vehicle operated by the OMSTC used to perform safety tests:
1) Permit;
2) Certified Safety Tester Certificate or certificates;
3) Approved inspection fee (per axle) as shown on the OMSTC Fee Schedule provided by the Department.
h) The items required to be displayed shall be posted immediately upon receipt.
i) The owner shall notify the Department, without delay, if any of the posted items are inaccurate, invalid, illegible or expired.
j) All posted items remain the property of the Department.
**History**
- *Source: Amended at 49 Ill. Reg. 15244, effective November 13, 2025*
## **Chapter I** Department of Transportation
### **Subchapter e** Traffic Safety (except Hazardous Materials)
#### **Part 451** Administrative Requirements for Official Testing Stations
##### **92 Ill. Adm. Code 451.APPENDIX** A Inspection Procedures/Specifications for Type I School Buses (repealed) {#sec-451.appendix omnilex-key=us-il-regs-official--title-92--451.APPENDIX}
**History**
- *Source: Repealed at 19 Ill. Reg. 4394, effective March 13, 1995*
##### **92 Ill. Adm. Code 451.APPENDIX** B Inspection Procedures/Specifications for Type Ii School Buses (repealed) {#sec-451.appendix omnilex-key=us-il-regs-official--title-92--451.APPENDIX}
**History**
- *Source: Repealed at 19 Ill. Reg. 4394, effective March 13, 1995*
##### **92 Ill. Adm. Code 451.APPENDIX** C Inspection Procedures/Specifications for Type I Special Education School Buses (repealed) {#sec-451.appendix omnilex-key=us-il-regs-official--title-92--451.APPENDIX}
**History**
- *Source: Repealed at 19 Ill. Reg. 4394, effective March 13, 1995*
##### **92 Ill. Adm. Code 451.APPENDIX** D Inspection Procedures/Specifications for Type Ii Special Education School Buses (repealed) {#sec-451.appendix omnilex-key=us-il-regs-official--title-92--451.APPENDIX}
**History**
- *Source: Repealed at 19 Ill. Reg. 4394, effective March 13, 1995*
##### **92 Ill. Adm. Code 451.APPENDIX** E Driver's Pre-Trip Inspection Requirements (repealed) {#sec-451.appendix omnilex-key=us-il-regs-official--title-92--451.APPENDIX}
**History**
- *Source: Repealed at 19 Ill. Reg. 4394, effective March 13, 1995*
##### **92 Ill. Adm. Code 451.APPENDIX** F Authorized Inspection Equipment (Repealed) {#sec-451.appendix omnilex-key=us-il-regs-official--title-92--451.APPENDIX}
**History**
- *Source: Repealed at 49 Ill. Reg. 15244, effective November 13, 2025*
## **Chapter I** Department of Transportation
### **Subchapter e** Traffic Safety (except Hazardous Materials)
#### **Part 451** Administrative Requirements for Official Testing Stations
##### **92 Ill. Adm. Code 451.APPENDIX** G Illinois Minimum Standards for School Bus - Van Type Conversion 1-16 Passengers Purchased Prior to September 1974 (repealed) {#sec-451.appendix omnilex-key=us-il-regs-official--title-92--451.APPENDIX}
**History**
- *Source: Repealed at 19 Ill. Reg. 4394, effective March 13, 1995*
##### **92 Ill. Adm. Code 451.ILLUSTRATION** A Stop Arm Panel (repealed) {#sec-451.illustration omnilex-key=us-il-regs-official--title-92--451.ILLUSTRATION}
**History**
- *Source: Repealed at 19 Ill. Reg. 4394, effective March 13, 1995*
##### **92 Ill. Adm. Code 451.ILLUSTRATION** B Exhaust Guidelines (repealed) {#sec-451.illustration omnilex-key=us-il-regs-official--title-92--451.ILLUSTRATION}
**History**
- *Source: Repealed at 19 Ill. Reg. 4394, effective March 13, 1995*
#### **Part 453** Specifications for Seat Safety Belts
##### **92 Ill. Adm. Code 453.10** Purpose {#sec-453.10 omnilex-key=us-il-regs-official--title-92--453.10}
This Part establishes performance specifications for seat safety belts and for their attachment and installation.
##### **92 Ill. Adm. Code 453.20** Application {#sec-453.20 omnilex-key=us-il-regs-official--title-92--453.20}
a) This Part applies to the front seat safety belts of a first division vehicle with a model year of 1965 or later sold in Illinois. (Ill. Rev. Stat. 1991, ch. 95½, par. 12-603(a)) [625 ILCS 5/12-603(a)]
b) This Part applies to the front seat safety belts of a first division vehicle which is titled or licensed by the Secretary of State and which has a model year of 1961 or later operated in Illinois. (Ill. Rev. Stat. 1991, ch. 95½, par. 12-603(b)) [625 ILCS 5/12-603(b) (1992)]
##### **92 Ill. Adm. Code 453.30** Incorporation by Reference of 49 Cfr 571 {#sec-453.30 omnilex-key=us-il-regs-official--title-92--453.30}
The Federal Motor Vehicle Safety Standards Nos. 209 (Seat Belt Assemblies) and 210 (Seat Belt Assembly Anchorages) are incorporated by reference, as those parts of the federal regulations were in effect on October 1, 1991. No later amendments to or editions of 49 CFR 571.209 and 571.210 are incorporated.
#### **Part 454** Rates to Be Charged by Official Testing Stations for Vehicles Other Than School Buses
##### **92 Ill. Adm. Code 454.10** General Information {#sec-454.10 omnilex-key=us-il-regs-official--title-92--454.10}
a) Scope of Rules. These rules prescribe the requirements of the Illinois Department of Transportation governing the rates to be charged for safety tests of second division vehicles other than school buses and prescribes the practices and procedures which shall govern all hearings conducted by the Department relating to rates charged by Official Testing Stations.
b) Applicability. These rules apply to every operator of an Official Testing Station conducting safety tests of second division vehicles other than school buses, even though safety tests of school buses are conducted.
c) References. These rules shall be referred to as the "Rules on Rates".
##### **92 Ill. Adm. Code 454.20** Information; Special Instructions {#sec-454.20 omnilex-key=us-il-regs-official--title-92--454.20}
Information as to procedure under the rules in this Part and instructions supplementing this Part in special instances, will be furnished upon written application to the Director, Division of Traffic Safety, Illinois Department of Transportation, 1340 North 9th Street, P.O. Box 19212, Springfield, Illinois 62794-9212.
**History**
- *Source: Amended at 35 Ill. Reg. 3564, effective February 10, 2011*
##### **92 Ill. Adm. Code 454.30** Communications and Pleadings {#sec-454.30 omnilex-key=us-il-regs-official--title-92--454.30}
a) How Addressed. All communication and pleadings should, unless otherwise specifically directed, be addressed and submitted to: Director, Division of Traffic Safety, Illinois Department of Transportation, 1340 North 9th Street, P.O. Box 19212, Springfield, Illinois 62794-9212. All communications should clearly designate the docket number, if any, and short title of any proceeding to and about which it is directed. The person communicating shall state his or her address, and the party he or she represents.
b) Timely Filing Required. All documents required or permitted to be filed under this Part must be received for filing at the offices of the Department's Division of Traffic Safety in Springfield, Illinois, within the time limits, if any, for that filing. The date of receipt at the Department and not the date of deposit in the mail is determinative, provided, however, that if the document is mailed by certified, registered, or express mail postmarked at least two days prior to the due date, it will be accepted as timely filed.
c) Disposition; When Defective. In any proceeding when, upon inspection, the Department is of the opinion that a document tendered for filing does not comply with this Part or does not sufficiently set forth material required by any form of the Department, the Department may decline to accept it for filing and advise the person tendering it of the deficiency and require that the deficiency be corrected.
**History**
- *Source: Amended at 35 Ill. Reg. 3564, effective February 10, 2011*
##### **92 Ill. Adm. Code 454.40** Definitions {#sec-454.40 omnilex-key=us-il-regs-official--title-92--454.40}
As used in this Part:
"Code" means the Illinois Vehicle Code [625 ILCS 5].
"Commercial Vehicle Safety Section" means a section of the Bureau of Safety Programs of the Division of Traffic Safety, Illinois Department of Transportation.
"Department" means the Department of Transportation of the State of Illinois, acting directly or through its duly authorized officers and agents. (Section 1-115.05 of the Code).
"Director" means the Director of the Division of Traffic Safety of the Illinois Department of Transportation.
"Division" means the Illinois Department of Transportation, Division of Traffic Safety.
"Official Testing Station" means all contiguous real and personal property that houses the testing lanes and all equipment and supplies relating to the safety testing of vehicles.
"Person" means every natural person, firm, copartnership, association or corporation. (Section 1-159 of the Code)
"Rate" or "Charge" means the monetary charge to any person offering a second division vehicle or vehicles other than a school bus for a safety test pursuant to Section 13-106 of the Code.
"Safety Test" means the inspection of vehicles and components required to be tested by the Illinois Vehicle Equipment Law [625 ILCS 5/12-101 through 12-902], the Illinois Vehicle Inspection Law [625 ILCS 5/13-100.1 through 13-117] and 92 Ill. Adm. Code 451, Administrative Requirements For Official Testing Stations.
"Second Division Vehicle" means those vehicles which are designed for carrying more than 10 persons, those designed or used for living quarters and those vehicles which are designed for pulling or carrying property, freight or cargo, those motor vehicles of the First Division remodelled for use and used as motor vehicles of the Second Division, and those motor vehicles of the First Division used and registered as school buses. (Section 1-217 of the Code)
"Secretary" means the Secretary of the Illinois Department of Transportation.
**History**
- *Source: Amended at 35 Ill. Reg. 3564, effective February 10, 2011*
##### **92 Ill. Adm. Code 454.50** Rules of Construction {#sec-454.50 omnilex-key=us-il-regs-official--title-92--454.50}
a) In these Rules unless the context requires otherwise:
1) Words imparting the singular include the plural;
2) Words imparting the plural include the singular;
3) Words imparting the masculine gender include the feminine.
b) In these Rules, the word:
1) "Shall" is used in an imperative sense;
2) "Must" is used in an imperative sense;
3) "Should" is used in a recommendatory sense;
4) "May" is used in a permissive sense to state authority or permission to do the act described and the words "no person may *** " or "a person may not *** " means that no person is required, authorized or permitted to do the act described; and
5) "Includes" is used as a word of inclusion not limitation.
##### **92 Ill. Adm. Code 454.60** Regulatory Dockets {#sec-454.60 omnilex-key=us-il-regs-official--title-92--454.60}
a) Information and data relating to Department actions pursuant to this Part are maintained by the Bureau of Safety Programs, Division of Traffic Safety, Illinois Department of Transportation, 1340 North 9th Street, P.O. Box 19212, Springfield, Illinois 62794-9212.
b) Any person may examine and copy any docketed material at the offices of the Division during regular business hours.
**History**
- *Source: Amended at 35 Ill. Reg. 3564, effective February 10, 2011*
##### **92 Ill. Adm. Code 454.70** Appearances {#sec-454.70 omnilex-key=us-il-regs-official--title-92--454.70}
Any person either involved in or entitled to participate in proceedings may appear as follows:
a) A natural person may appear in his own behalf or through counsel of his choice;
b) A business, non-profit or governmental organization may appear by an officer, employee or representative, or may be represented by counsel of its choice;
c) Any attorney appearing in a representative capacity shall file a written notice of appearance.
##### **92 Ill. Adm. Code 454.110** Typographical Specifications {#sec-454.110 omnilex-key=us-il-regs-official--title-92--454.110}
Except as otherwise provided, all documents shall be typewritten or reproduced from typewritten copy on unglazed white paper measuring 8½" x 11". Margins of at least one inch shall be allowed on the left and right margins. Reproduction of documents may be by any process provided the copies are clear and permanently legible. Typewritten documents must be double-spaced, except that long quotations shall be single-spaced and indented. Lengthy documents should be accompanied by an index. Failure to observe these specifications may result in rejection.
**History**
- *Source: Amended at 5 Ill. Reg. 12989, effective November 16, 1981*
##### **92 Ill. Adm. Code 454.120** Copies {#sec-454.120 omnilex-key=us-il-regs-official--title-92--454.120}
Except as otherwise provided in these rules, an original copy of all documents, including complaints, motions, petitions and notices of appeal, shall be filed with the Director and shall bear the docket number and the title of the proceeding in connection with which they are filed.
**History**
- *Source: Amended at 5 Ill. Reg. 12989, effective November 16, 1981*
##### **92 Ill. Adm. Code 454.130** Time {#sec-454.130 omnilex-key=us-il-regs-official--title-92--454.130}
a) Computation. In computing any period of time prescribed or allowed by these rules, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless it is Saturday, Sunday, or a legal holiday in the State of Illinois, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor a holiday. A half holiday shall not be considered as a holiday. This rule shall apply to the measurement of time forward, as well as backward from a specified date.
b) When the date designated for filing briefs or other documents is a Saturday, Sunday or a legal holiday in the State of Illinois, that date shall be extended to the next day which is neither a Saturday, Sunday, nor a legal holiday in the State of Illinois. A half holiday shall not be considered as a holiday.
c) Modification. Any time period may, upon request and for good and sufficient cause, be modified by the Director in his discretion. Request for extensions of modifications of time must be served on all parties at the same time and by the same method of communication as service is made on the Department. Only the original of the request need be filed with the Department.
**History**
- *Source: Amended at 5 Ill. Reg. 12989, effective November 16, 1981*
##### **92 Ill. Adm. Code 454.140** Service {#sec-454.140 omnilex-key=us-il-regs-official--title-92--454.140}
a) Each order, notice, or other document required to be served under these Rules shall be served personally or by first class, registered or certified mail, except as otherwise provided.
b) Service upon a person's duly authorized representative constitutes service upon that person.
c) Service by registered or certified mail is complete upon mailing. An official United States Postal Service receipt for registered or certified mail constitutes prima facie evidence of service.
d) One copy of each order, notice or other document must be served on each party. Service on any party shall be by the same means employed in serving all other parties.
**History**
- *Source: Amended at 5 Ill. Reg. 12989, effective November 16, 1981*
##### **92 Ill. Adm. Code 454.200** General Requirements {#sec-454.200 omnilex-key=us-il-regs-official--title-92--454.200}
a) No operator of an Official Testing Station shall make, establish, implement, collect or otherwise enforce any rate or charge or schedule of rates or charges for performing a safety test for any second division vehicle other than a school bus unless that rate or charge or schedule of rates or charges has been made or established in accordance with the provisions of this Part.
b) No operator of an Official Testing Station shall change any rate or charge or schedule of rates or charges unless that change has been made in accordance with the provisions of this Part.
c) No applicant for an Official Testing Station permit shall be issued that permit unless the applicant, in accordance with the provisions of this Part, has filed with the department a proposed schedule of rates and charges and the Department has approved that schedule.
**History**
- *Source: Amended at 5 Ill. Reg. 12989, effective November 16, 1981*
##### **92 Ill. Adm. Code 454.210** Application for Rate Approval {#sec-454.210 omnilex-key=us-il-regs-official--title-92--454.210}
a) Each applicant for an Official Testing Station Permit shall file with the Department a proposed schedule of all rates and charges intended to be made by the applicant for performing a safety test on vehicles other than school buses and for which he or she seeks the approval of the Department. Each application made under this subsection (a) shall be filed by the applicant after he or she submits the application for a station permit pursuant to 92 Ill. Adm. Code 451, Administrative Requirements for Official Testing Stations, but prior to the issuance of the station permit by the Department. The applicant shall submit his or her proposed schedule on the form provided by the Department by mailing or delivering that form to: Bureau of Safety Programs, Illinois Department of Transportation, 1340 North 9th Street, P.O. Box 19212, Springfield, Illinois 62794-9212.
b) A schedule of rates and charges filed with the Department under subsection (a) shall include an amount to reimburse the operator of an Official Testing Station for the purchase from the Department of the Certificate of Safety required by Section 13-109 of the Code. The reimbursement shall not exceed the fee paid by the operator to the Department for the Certificate.
**History**
- *Source: Amended at 35 Ill. Reg. 3564, effective February 10, 2011*
##### **92 Ill. Adm. Code 454.220** Initial Application Review {#sec-454.220 omnilex-key=us-il-regs-official--title-92--454.220}
In the case of an application for rate approval under Section 454.210, the Section reviews the application to determine whether it is complete and conforms to the requirements of this Part. This determination will be made within 15 days of the receipt of the application. If the application is not returned to the applicant by the end of that period, it will be processed as provided in Section 454.230. If an application is returned, the applicant will be informed in what respects the application is incomplete.
**History**
- *Source: Amended at 5 Ill. Reg. 12989, effective November 16, 1981*
##### **92 Ill. Adm. Code 454.230** Processing of Application {#sec-454.230 omnilex-key=us-il-regs-official--title-92--454.230}
a) Any and all rates and charges to be made by an operator of an Official Testing Station for performing a safety test on second division vehicles other than school buses shall be approved by the Department prior to the rates and charges becoming effective.
b) After an application for rate approval is determined to be complete, the Section processes the application. No public hearing, argument, or other formal proceeding is held directly on an application filed under Section 454.210.
c) If the Section determines that the rates and charges proposed are not just and reasonable, it denies the application and notifies the applicant in writing, together with the reasons therefor.
d) If the Section determines that the rates and charges proposed are just and reasonable, it grants the application and notifies the applicant in writing.
**History**
- *Source: Amended at 5 Ill. Reg. 12989, effective November 16, 1981*
##### **92 Ill. Adm. Code 454.240** Withdrawal {#sec-454.240 omnilex-key=us-il-regs-official--title-92--454.240}
a) An applicant may withdraw an application for rate approval at any time prior to it being finally determined.
b) Withdrawal of an application does not authorize the removal of any related records from the docket or files of the Division.
##### **92 Ill. Adm. Code 454.250** Application for Rate Change {#sec-454.250 omnilex-key=us-il-regs-official--title-92--454.250}
a) Any operator of an Official Testing Station who desires to change his or her schedule of rates and charges filed with and approved by the Department shall file with the Department the new schedule of rates and charges proposed to be made for performing a safety inspection on vehicles other than school buses.
b) Applications under subsection (a) shall be submitted on the form provided by the Department by mailing or delivering that form to: Bureau of Safety Programs, Illinois Department of Transportation, 1340 North 9th Street, P.O. Box 19212, Springfield, Illinois 62794-9212.
c) Applications under this Section shall initially be reviewed as provided in Section 454.220 and processed as provided in Section 454.230.
d) Withdrawals of applications under this Section shall be governed by Section 454.240.
e) If a proposed change in an applicant's rate or charge is disallowed or denied by the Commercial Vehicle Safety Section, an applicant may file a written petition under Section 454.260. All hearings scheduled under this subsection (e) shall be conducted in accordance with the provisions of Sections 454.400 through 454.440.
**History**
- *Source: Amended at 35 Ill. Reg. 3564, effective February 10, 2011*
##### **92 Ill. Adm. Code 454.260** Appeal {#sec-454.260 omnilex-key=us-il-regs-official--title-92--454.260}
a) If a proposed rate or charge or proposed change in rates or charges is disallowed or disapproved by the Section, an applicant may file, within 15 days after the applicant is notified of the disallowance or disapproval, a written petition with the Director for a hearing seeking approval of its proposed rates or charges or proposed change in rates or charges.
b) The petition for approval of disallowed rates must:
1) State the name and address of the person making the request and of the Official Testing Station involved;
2) Include a statement of ownership of the Official Testing Station, together with the date said ownership commenced;
3) Include a statement setting forth the current rates charged by the lane operator;
4) Include a statement setting forth with particularity the reasons why the lane operator seeks to amend the rates currently being charged;
5) Include a statement of the new rates for which the petitioner seeks approval;
6) Include, if applicable, a statement relating to the necessity of obtaining a change in the rates being charged; and
7) State or include any other matters upon which the petitioner bases his request for a hearing.
c) All hearings scheduled under this Section shall be conducted in accordance with the provisions of Sections 454.400-454.440.
**History**
- *Source: Amended at 5 Ill. Reg. 12989, effective November 16, 1981*
##### **92 Ill. Adm. Code 454.300** General Requirements {#sec-454.300 omnilex-key=us-il-regs-official--title-92--454.300}
a) Any and all rates or charges made by an operator of an Official Testing Station for performing a safety test for a second division vehicle other than a school bus shall be just and reasonable.
b) A rate or charge is "just and reasonable" if it is the same, or nearly the same, as the prevailing rate or charge for the same or similar test made in the community where the Official Testing Station is located.
##### **92 Ill. Adm. Code 454.310** Rates or Charges {#sec-454.310 omnilex-key=us-il-regs-official--title-92--454.310}
The following rates or charges for safety inspections of vehicles other than school buses have been determined by the Department to be prima facie just and reasonable rates or charges for the counties indicated. Any existing charge or rate that has previously been approved by the Department is acceptable. An application for a future charge or rate in excess of the specified charge or rate will be disapproved. If a proposed rate or charge is disapproved by the Commercial Vehicle Safety Section, an applicant may appeal the disapproval to the Director under Section 454.260. The following rates or charges do not include the Certificate of Safety fee.
RATES
Region
Counties
SWA*
DWA**
1
Cook, DuPage, Grundy, Kankakee, Kendall, Lake, Will
$11.00
$11.50
2
Boone, DeKalb, Jo Daviess, Kane, McHenry, Stephenson, Winnebago
$10.00
$10.50
3
Bureau, Carroll, Fulton, Henderson, Henry, Knox, LaSalle, Lee, Livingston, Marshall, Mercer, Ogle, Putnam, Rock Island, Stark, Warren, Whiteside
$8.50
$9.00
4
Mason, Menard, Morgan, Peoria, Sangamon, Tazewell, Woodford
$9.50
$10.00
5
DeWitt, Logan, Macon, McLean
$9.50
$9.50
6
Adams, Brown, Calhoun, Cass, Greene, Hancock, Jersey, Macoupin, McDonough, Pike, Schuyler, Scott
$8.00
$8.50
7
Coles, Champaign, Douglas, Edgar, Ford, Iroquois, Moultrie, Piatt, Shelby, Vermilion
$9.00
$9.50
8
Bond, Christian, Clay, Clinton, Effingham, Fayette, Jasper, Marion, Montgomery
$9.00
$10.00
9
Madison, St. Clair
$10.00
$10.50
10
Jackson, Monroe, Perry, Randolph, Union, Washington
$9.50
$10.00
11
Alexander, Clark, Crawford, Cumberland, Edwards, Franklin, Gallatin, Hamilton, Hardin, Jefferson, Johnson, Lawrence, Massac, Pope, Pulaski, Richland, Saline, Wabash, Wayne, White, Williamson
$8.00
$8.50
*
SWA – Single wheel axle
**
DWA – Double wheel axle
**History**
- *Source: Amended at 35 Ill. Reg. 3564, effective February 10, 2011*
##### **92 Ill. Adm. Code 454.320** Enforcement {#sec-454.320 omnilex-key=us-il-regs-official--title-92--454.320}
a) The Department upon its own initiative or upon verified complaint of any person may require the operator of an Official Testing Station to appear at a hearing and prove that the rates or charges so filed with the Department are just and reasonable.
b) The procedure in Sections 454.500-454.560 shall govern the proceedings under paragraph (a) of this Section.
**History**
- *Source: Amended at 5 Ill. Reg. 12989, effective November 16, 1981*
##### **92 Ill. Adm. Code 454.400** Request for Hearing {#sec-454.400 omnilex-key=us-il-regs-official--title-92--454.400}
a) If the Department disallows any or all rates or charges set forth in a schedule which an operator has filed with the Department pursuant to Section 13-106 of the Illinois Vehicle Code and these Rules or any application of an operator to change any or all of those rates or charges, the operator may request a hearing upon notification of that disallowance, as provided in Section 454.260.
b) After a petition for hearing, which complies with the requirements of Section 454.260 is received, the Director schedules a hearing for the earliest practicable date.
c) The Director may grant extensions of the time of the commencement of the hearing for good cause shown.
##### **92 Ill. Adm. Code 454.410** Notice and Place of Hearings {#sec-454.410 omnilex-key=us-il-regs-official--title-92--454.410}
a) Hearings on petitions filed by operators of Official Testing Stations will be held at either of the offices of the Department at 201 West Center Court, Schaumburg, Illinois or at 1340 North 9th Street, Springfield, Illinois or at another location designated by the Department.
b) The Department shall, as soon as possible, give notice of the hearing to the person requesting the hearing and to the Department's Office of Chief Counsel.
**History**
- *Source: Amended at 35 Ill. Reg. 3564, effective February 10, 2011*
##### **92 Ill. Adm. Code 454.420** Hearings {#sec-454.420 omnilex-key=us-il-regs-official--title-92--454.420}
a) When a hearing is requested and scheduled under 92 Ill. Adm. Code 454.400, a presiding officer designated by the Secretary convenes and presides over the hearing. Testimony by witnesses shall be given under oath and the hearing shall be recorded verbatim.
b) The presiding officer may:
1) Administer oaths and affirmation;
2) Adopt procedures for the submission of evidence in written form;
3) Rule on offers of proof and receive relevant evidence;
4) Examine witnesses at the hearing;
5) Convene, recess, reconvene, adjourn and otherwise regulate the course of the hearing;
6) Hold conferences for settlement, simplification of the issues, or any other proper purpose; and
7) Take any other action authorized by or consistent with the provisions of this Part and permitted by law which may expedite the hearing or aid in the disposition of an issue raised therein.
c) The petitioner has the burden of proving the facts alleged in Petition for Approval of Disallowed Rate, or Petition for Approval of rate change, including proof that the disallowed rate(s) is just and reasonable.
d) The petitioner may offer such relevant information and testimony may be necessary to fully inform the presiding officer as to the matter concerned, and conduct such cross-examination as may be required for a full disclosure of the facts.
**History**
- *Source: Amended at 5 Ill. Reg. 12989, effective November 16, 1981*
##### **92 Ill. Adm. Code 454.430** Presiding Officer's Decision {#sec-454.430 omnilex-key=us-il-regs-official--title-92--454.430}
After consideration of the evidence of record, the presiding officer may dismiss the petition in whole or in part, and enter an order to that effect. If he does not dismiss it in whole, he will issue and serve on the parties an order approving the rate(s) or change in rate(s) determined by the presiding officer to be just and reasonable. The order will include a statement of findings and conclusions as well as the reasons therefor on all material issues of fact, law and discretion.
**History**
- *Source: Amended at 5 Ill. Reg. 12989, effective November 16, 1981*
##### **92 Ill. Adm. Code 454.440** Appeal {#sec-454.440 omnilex-key=us-il-regs-official--title-92--454.440}
A petitioner aggrieved by a presiding officer's decision and order issued under Section 454.430 may file an appeal with the Secretary. The appeal must be filed within ten days of service of the presiding officer's order. A decision by the Secretary is administratively final.
##### **92 Ill. Adm. Code 454.500** Notice {#sec-454.500 omnilex-key=us-il-regs-official--title-92--454.500}
a) Whenever the Department upon its own initiative, or upon verified complaint of any person intends to convene a hearing for the purpose of requiring the operator of an Official Testing Station to prove that the rates filed by that operator are just and reasonable, the Department begins the proceeding by serving a Notice on the operator.
b) The Notice required by paragraph (a) of this Section shall include:
1) A statement of the provision(s) of the law and regulations which the operator is believed to be violating;
2) A statement of the factual allegation(s) upon which the Department relies in its belief that the rates and charges filed by this operator are unjust or unreasonable;
3) A statement of the remedial action being sought by the Department;
4) A statement of the operator's right to present written or oral explanations, information or any materials in answer to the allegation;
5) A statement of the operator's right to request a hearing and the procedures for requesting a hearing.
c) The Department may amend a notice issued under this Section at any time before entering of a final order. If an amendment includes any new material allegation of fact, the operator shall be given an opportunity to respond.
**History**
- *Source: Amended at 5 Ill. Reg. 12989, effective November 16, 1981*
##### **92 Ill. Adm. Code 454.510** Complaints {#sec-454.510 omnilex-key=us-il-regs-official--title-92--454.510}
a) Whenever any person intends to complain to the Department about the justness or reasonableness of any rate or charge filed by any operator with the Department, that person shall make the complaint in writing and mail or submit it to: Bureau of Safety Programs, Illinois Department of Transportation, 1340 North 9th Street, P.O. Box 19212, Springfield, Illinois 62794-9212.
b) Each complaint shall include:
1) the name, address and telephone number of the person making the complaint;
2) a statement whether the complainant owns or operates an Official Testing Station, and if applicable, the name, business address and telephone number of that Official Testing Station;
3) the name and if known the business address, of the operator against whom the person complains;
4) A description or statement of the rates about which the person complains;
5) a statement setting forth in detail the specific facts and reasons why the person believes the rates about which that person complains is unjust or unreasonable; and
6) any information, document or other matters upon which the person relies.
c) The facts asserted in any complaint must be sworn to by persons having knowledge thereof. Except under unusual circumstances, those persons should be available to appear as witnesses at a hearing convened by the Department to substantiate the facts asserted should a hearing become necessary.
d) An original copy of the complaint shall be filed with the Department. The original must show the signature, capacity and impression seal, if any, of the person administering the oath, and the date of the oath.
**History**
- *Source: Amended at 35 Ill. Reg. 3564, effective February 10, 2011*
##### **92 Ill. Adm. Code 454.520** Reply {#sec-454.520 omnilex-key=us-il-regs-official--title-92--454.520}
a) Within 20 days of the service of a notice issued under Section 454.500, the operator may:
1) File with the Department a sworn statement by which the operator consents to withdraw the contested rate(s) filed by him and states that the operator will not charge any such rate(s) for the matters covered by that rate(s) until the operator files and has approved by the Department a new rate(s), and thereby close the case; or
2) Request a hearing as provided in Section 454.530.
b) The Director may extend the 20-day period for good cause shown.
c) Failure of the operator to reply by taking one of the two actions described in paragraph (a) of this Section within the period provided constitutes a waiver of his right to appear and contest the allegations and authorizes the Director, without further notice to the operator to find the facts to be as alleged in the notice and order the rate(s) in question to be voided.
**History**
- *Source: Amended at 5 Ill. Reg. 12989, effective November 16, 1981*
##### **92 Ill. Adm. Code 454.530** Request for Hearing {#sec-454.530 omnilex-key=us-il-regs-official--title-92--454.530}
a) If an operator elects to request a hearing, he shall submit a written request to the Director. The request must:
1) State the name and address of the operator and of the person signing the request if different from the operator;
2) State with respect to each allegation whether it is admitted or denied; and
3) State with particularity the issues to be raised by the operator at the hearing.
b) After a request for hearing which complies with the requirements of paragraph (a) of this Section, the Director schedules a hearing for the earliest date.
c) The Director may grant extension of the time of the commencement of the hearing for good cause shown.
##### **92 Ill. Adm. Code 454.540** Hearing {#sec-454.540 omnilex-key=us-il-regs-official--title-92--454.540}
Hearings schedules under Section 454.530 shall be governed by the provisions of Section 454.420.
##### **92 Ill. Adm. Code 454.550** Presiding Officer's Decision {#sec-454.550 omnilex-key=us-il-regs-official--title-92--454.550}
After consideration of the evidence of record, the presiding officer may dismiss the notice in whole or in part and enter an order to that effect. If he does not dismiss it in whole, he will issue and serve on the parties an order declaring the rate(s) to be either unjust or unreasonable or both and further declaring the rate(s) to be void. The order will include a statement of findings and conclusions as well as the reasons therefor on all material issues of fact, law and discretion.
##### **92 Ill. Adm. Code 454.560** Appeal {#sec-454.560 omnilex-key=us-il-regs-official--title-92--454.560}
Any party aggrieved by a presiding officer's decision and order issued under Section 454.550 may file an appeal with the Secretary. The appeal must be filed within ten days of service of the presiding officer's order. The filing of an appeal stays the effectiveness of the order. A decision by the Secretary is administratively final.
**History**
- *Source: Amended at 5 Ill. Reg. 12989, effective November 16, 1981*
##### **92 Ill. Adm. Code 454.600** Discovery {#sec-454.600 omnilex-key=us-il-regs-official--title-92--454.600}
Parties participating in hearings conducted under these Rules may obtain discovery pursuant to this Rule regarding any matter not privileged, which is relevant to the subject matter involved in the pending proceeding or appears reasonably calculated to lead to the discovery of admissible evidence; provided that discovery may be had only when the presiding officer, upon his own motion or upon a petition filed by a party, and upon good cause shown, shall have entered an order approving such use. Such petitions must be filed in sufficient time to allow for the filing of replies and for consideration by the presiding officer without requiring the postponement of any established date for hearing.
**History**
- *Source: Amended at 5 Ill. Reg. 12989, effective November 16, 1981*
##### **92 Ill. Adm. Code 454.610** Motions {#sec-454.610 omnilex-key=us-il-regs-official--title-92--454.610}
a) Any party to a proceeding may make an application to the presiding officer for an order in the form of a motion.
b) Motions shall be in writing, shall state with particularity the grounds therefor and shall set forth the relief or order sought. The rules applicable to document specifications shall apply to all motions.
**History**
- *Source: Amended at 5 Ill. Reg. 12989, effective November 16, 1981*
##### **92 Ill. Adm. Code 454.620** Intervention {#sec-454.620 omnilex-key=us-il-regs-official--title-92--454.620}
a) Any person may intervene by petition in a proceeding involving a petition for approval of a rate change or in a proceeding involving a complaint of unreasonable or unjust rates.
b) A petition for leave to intervene must set forth the grounds of the proposed intervention, the position and interest of the petitioner in the proceeding, and whether petitioner's position is in support of or opposition to the relief sought. If the proceeding be by formal complaint and affirmative relief is sought by petitioner, the petition should conform to the requirements for a formal complaint.
c) A petition for leave to intervene in any proceeding should be filed prior to or at the time the proceeding is called for hearing, but not after, except for good cause shown.
d) When tendered at the hearing, sufficient copies of a petition for leave to intervene must be provided for distribution as motion papers to the parties represented at the hearing. If leave be granted at the hearing, one additional copy must be furnished for the use of the Department. When a petition for leave to intervene is not tendered at the hearing, the original copy of the petition shall be submitted to the Department together with a certificate that service in accordance with Section 454.110 has been made by petitioner. Any reply in opposition to a petition for leave to intervene not tendered at the hearing must be filed within ten days after service.
e) Leave will not be granted except on averments reasonably pertinent to the issues already presented and which do not unduly broaden them. If leave is granted, the petitioner thereby becomes an intervener and a party to the proceeding.
**History**
- *Source: Amended at 5 Ill. Reg. 12989, effective November 16, 1981*
##### **92 Ill. Adm. Code 455.10** Purpose and Authority {#sec-455.10 omnilex-key=us-il-regs-official--title-92--455.10}
The purpose of this Part is to prescribe the requirements for administering the Illinois Cycle Rider Safety Training Program (CRSTP) that promotes safety for persons and property related to the use and operation of motorcycles, motor driven cycles and motorized pedalcycles as authorized by the Cycle Rider Safety Training Act [625 ILCS 35]. The Illinois Department of Transportation has the power, duty and authority to administer the Act. [625 ILCS 35/3]
**History**
- *Source: Amended at 50 Ill. Reg. 10970, effective July 7, 2026*
##### **92 Ill. Adm. Code 455.20** Applicability {#sec-455.20 omnilex-key=us-il-regs-official--title-92--455.20}
This Part applies to:
a) Cycle Rider Safety Training Course providers and staff; and
b) Students in the Program.
**History**
- *Source: Amended at 50 Ill. Reg. 10970, effective July 7, 2026*
##### **92 Ill. Adm. Code 455.30** Definitions {#sec-455.30 omnilex-key=us-il-regs-official--title-92--455.30}
"Act" means the Cycle Rider Safety Training Act [625 ILCS 35].
"Advanced-Level Course" means highest level motorcycle safety course the Program offers to students. It is a course designed for students who own a personal motorcycle and meet class criteria or rider experience and readiness to learn advanced braking and steering skills.
"Code" or "IVC" means the Illinois Vehicle Code [625 ILCS 5].
"Contract" means an annual written agreement between the Illinois Department of Transportation and each provider. The contract year begins December 1 and ends the following November 30. A contract will specify the requirements of the Program and the amount of money provided from the Cycle Rider Safety Training Fund to implement the Program as provided in Section 6 of the Act.
"Curriculum" means the educational content used by a Cycle Rider Safety Training Course provider to instruct students for any of the Cycle Rider Safety Training Program courses.
"Curriculum Provider" means the organization responsible for providing the curriculum to a Cycle Rider Safety Training Course provider. This organization maintains standards for how the curriculum is presented, as well as standards for maintaining credentials for instructor trainers, instructors, quality assurance, and quality compliance or control. This organization may be the same as a Cycle Rider Safety Training Course provider.
"Cycle" means a motorcycle, as defined in the Illinois Vehicle Code. [625 ILCS 35/2.01]
"Cycle Rider" means every person who rides and is in actual physical control of a cycle. [625 ILCS 65/35/2.02](Section 2.02 of the Act)
"Cycle Rider Safety Training Courses" or "Courses" means entry-level intermediate-level, and advanced-level courses of instruction in the use and operation of cycles, including instruction in the safe on-road operation of cycles, the rules of the road and the laws of this State relating to motor vehicles, which courses meet the minimum requirements of this Act, the standards established in the model national administrative standards for state motorcycle rider training programs by the National Highway Traffic Safety Administration, and the rules and regulations issued hereunder by the Department and which have been approved or denied within 60 days by the Department as meeting such requirements. [625 ILCS 35/2.03]
"Cycle Rider Safety Training Course Provider" or "provider" means a community college, State university, State or local government agency, or for-profit or nonprofit business entity in good standing and operating in the State that is capable of providing courses meeting the definition in the Act in accordance with the rules set forth by the Department and the requirements of the Act. "Cycle Rider Safety Training Course Provider" and "provider" does not include any business registered as a motorcycle dealer with the Secretary of State or any other business that drives income from the selling of motorcycles or has motorcycles for sale at its place of business on a consignment basis. [625 ILCS 35/2.03a]
"Department" means the Illinois Department of Transportation. [625 ILCS 35/2.04]
"Driver's License" means any license or permit to operate a motor vehicle under the laws of Illinois. [625 ILCS 35/2.05])
"Entry-level Course" means any novice training designed to develop knowledge, habits, and skills necessary for safe operation of a motorcycle or a three-wheel cycle.
Federal Motor Vehicle Safety Standard No. 218" or "FMVSS 218" means the mandatory U.S. federal safety regulation that establishes the minimum performance and testing requirements for motorcycle helmets found at 49 CFR 571.218. (October 2017) (no later editions or amendments).
"Instructor" means the person or persons qualified under this Part to teach both on-cycle and classroom sessions of the Program. Instructors must successfully complete an instructor training course prior to performing the duties of an instructor.
"Instructor Trainer" means a person who is qualified under this Part to train and certify Program instructors. (See Section 455.50(a)(2) for qualifications.)
"Instructor Update Seminar" means an annual seminar conducted by a provider that Program instructors must attend annually to update and review curriculum and other issues related to the Program.
"Intermediate-Level Course" means a motorcycle safety course which introduces mid-level skills to riders with some experience.
"Model National Standards" means the motorcycle safety education standards for curriculum and course conduct published by the National Highway Traffic Safety Administration (NHTSA) in the report "DOT HS 811 503 – Model National Standards for Entry-Level Motorcycle Rider Training." (August 2011) (no later editions or amendments), available at: https://www.nhtsa.gov/sites/nhtsa.gov/files/documents/811503.pdf.
"Motorcycle" means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than 3 wheels in contact with the ground, but excluding an autocycle or tractor. [625 ILCS 5/1-147]
"Motorcycle Crash/Incident Report" or "MCIR" means the form provided by the Department to report a crash, injury, or property damage which occurs during a training session, or equivalent form approved by the Department.
"Program" means the Illinois Cycle Rider Safety Training Program.
"Program Coordinator" means the person employed by the provider who is responsible for the day-to-day management of the Program and oversight of the provider's training sites, ranges, and courses.
"Quality Assurance" means the process to ensure compliance with the Program requirements, curriculum standards, as established by the curriculum provider and the Department in this Part, to promote continuous improvement of the Program.
"Range" means the paved area that is secured by the provider to conduct the "on-cycle" portion of the training course.
"Range Aide" means the person employed by the provider who is responsible for preparing the range, cycles, and other equipment for an on-cycle instruction, maintaining cycles in a safe operating condition, and, under supervision of an instructor, assisting with non-instructional duties.
"Training Site" or "Site" means the physical location of the training range or ranges, the classroom or classrooms and, in some cases, a storage facility. Each provider may have more than one training site. A training site may have more than one training range and/or classroom. (See Section 455.50(b) for criteria used to approve training site.)
**History**
- *Source: Amended at 50 Ill. Reg. 10970, effective July 7, 2026*
##### **92 Ill. Adm. Code 455.40** Course Curriculum {#sec-455.40 omnilex-key=us-il-regs-official--title-92--455.40}
a) The provider shall select and seek approval from the Department to adopt curriculum that complies with this Part for each CRSTP course offered by the provider.
b) Adherence to the model national standards for the entry level courses will be assessed by the Department.
c) Copies of the model national standards are available at the Department, 2300 South Dirksen Parkway, Room 007, Springfield IL 62764 and can be obtained by emailing DOT.Motorcycles@illinois.gov or by calling 217/782-3568.
**History**
- *Source: Amended at 50 Ill. Reg. 10970, effective July 7, 2026*
##### **92 Ill. Adm. Code 455.50** Program Requirements {#sec-455.50 omnilex-key=us-il-regs-official--title-92--455.50}
a) Cycle Rider Safety Training Course Provider
The Department will enter into a contract with any of the following: a community college, a State university, State or local government agency, or for-profit or nonprofit business entity in good standing and operating in the State to act as a provider for purposes of administering the Program [625 ILCS 35/2.03a]. Training courses will be offered at a provider's training site. Providers shall administer and operate the Program in compliance with this Part.
1) Program Coordinator
A) Each provider shall employ a Program Coordinator who shall be responsible for the overall management of the Program including day-to-day Program operations. The Program Coordinator shall:
i) be knowledgeable of cycle safety as well as administrative and personnel management issues;
ii) have the ability to effectively teach the concepts and lessons of the courses offered by the provider they are employed by, adhering to the standards of the curriculum provider; and
iii) maintain certification by the curriculum provider to teach a minimum of one course offered by the provider.
B) Responsibilities of the Program Coordinator include, but are not limited to:
i) Preparation of contracts or grant proposals;
ii) Management of Program costs;
iii) Preparation and implementation of a quality assurance plan;
iv) Preparation and submittal of curriculum and range approval forms;
v) Conducting training activities, as well as monitoring training activities performed by other instructors;
vi) Supervision and evaluation of instructors;
vii) Selection and equipping of training sites;
viii) Development and distribution of course schedules;
ix) Procurement and management of cycles and related training equipment;
x) Preparation of reports;
xi) Documentation of costs for reimbursement purposes; and
xii) Ensuring instructors receive training required by curriculum standards for each course taught.
2) Instructor TrainerInstructor trainers shall meet the following requirements:
A) Complete an instructor trainer course, as required by the curriculum provider; and
B) Maintain instructor trainer certification requirements, as required by the course curriculum provider.
3) Entry-level Instructor
Instructors of the entry-level course shall meet the following requirements:
A) Possess an entry-level student completion card and meet the prerequisites of the instructor training course as determined by the course curriculum provider;
B) Possess a valid Class M Illinois driver's license (i.e., motorcycle (150 or more cubic centimeters displacement)) or the equivalent license of another state;
C) Possess a valid Red Cross Basic First Aid Card or Department-approved equivalent (e.g., military first aid training, emergency medical technician);
D) Be knowledgeable of and able to perform basic cycle maintenance;
E) Be able to operate a 5-pound (minimum) dry-chemical (Type A, B or C) fire extinguisher;
F) Successfully complete an instructor training course that meets the standards of the Department-approved curriculum and demonstrate riding ability to the satisfaction of the instructor trainer;
G) As part of the instructor trainer course, successfully teach designated portions of an entry-level course under the supervision and in the presence of an instructor trainer;
H) Maintain instructor certification in accordance with the Department-approved curriculum;
I) Attend mandatory annual instructor update seminar conducted by the employing provider; and
J) Possess a safe riding and driving record (an out-of-state instructor shall furnish a copy of the instructor's driving record) that, for purposes of this Program, means having no more than two convictions for violations of traffic regulations governing the movement of vehicles committed within a 12-month period, and no possibility that the instructor's license could be suspended. An instructor or instructor candidate convicted of any traffic violation that results in the suspension or revocation of the instructor's driving privileges, including, but not limited to, DUI (Driving Under the Influence) or DWI (Driving While Intoxicated), shall be disqualified for a period of three years from the date of the suspension or revocation.
4) Entry-level Three-Wheel, Intermediate-level, and Advanced-level Course Instructor
Instructors shall meet the following requirements: Maintain entry-level course instructor certification, and additional appropriate instructor certification for each course taught in accordance with the curriculum provider requirements and all requirements of Section 455.50(a)(3).
5) Range Aide
Persons employed as range aides shall meet the following requirements:
A) Successfully complete any CRSTP training course;
B) Possess a valid Class M Illinois driver's license or Class L driver's license (i.e., motor driven cycle (under 150 cubic centimeters displacement)) or the equivalent license of another state; and
C) Be knowledgeable of and able to perform basic cycle maintenance and repair.
b) Training Sites
Courses may be conducted at various training sites established as needed. The Program Coordinator shall consider the following factors when selecting a training site: cycle crash data by county, cycle registrations by county, the number of requests for courses, and the availability of an acceptable site.
1) All training sites must be approved by the Department prior to use. The Department will approve a training site when the following requirements of this subsection (b)(1) are met.
A) Range Areas
A range area shall be a paved surface free from street traffic and surface obstructions. All range areas must be approved by the Department. Range criteria can be found in the provider manual and on the range approval forms. Range approval forms can be requested at DOT.Motorcycles@illinois.gov. Any exceptions or modifications to range areas shall be submitted to the Department for approval two weeks before the training. Department approval is necessary before range modifications are made unless there is a compelling safety concern requiring immediate revision.
B) Classroom Facilities
The classroom shall be a space that is usually within walking distance of the range area. The classroom shall be equipped with a writing space for each course participant. A space shall be provided for the instructor and any necessary audio-visual equipment.
C) Storage Facilities
A locked storage facility shall be provided by the provider with space adequate for the storage of cycles and related training equipment kept at the site overnight (e.g., helmets, course cones).
2) Training Equipment
For an entry-level and intermediate-level course, the provider shall furnish the cycles and helmets used during the course. Cycle size and type shall be determined by the Department. For an advanced-level course, the student will be required to furnish a motorcycle. Students may use their own helmet if it meets requirements in subsection (b)(2)(A).
A) Helmet Standards
All helmets shall meet or exceed FMVSS 218.
B) Cycle Acquisition
The Department will reimburse the provider for the purchase of cycles with prior approval by the Department as described in the provider's grant agreement. Cycle purchases will be reimbursed with funds from the Cycle Rider Safety Training Fund as authorized in Section 6 of the Act. Cycles may be donated by cycle manufacturers, dealers, clubs, organizations, and/or individuals.
c) Insurance
1) The provider shall obtain liability insurance for each of their cycles used by a student in the Program.
2) Minimum insurance limitations and coverages shall be:
A) Bodily injury and property damage liability;
B) A combined single limit of $1,000,000 for each occurrence and $2,000,000 aggregate;
C) $500 deductible per crash (paid by the provider);
D) Comprehensive and collision coverage for the cycle shall be based on the cycle's actual cash value as determined annually by the provider using the most current edition of the Kelley Blue Book or National Automobile Dealers Association (NADA) values; and
E) Excess medical coverage in the amount of $10,000 per course participant.
3) Proof of insurance shall be submitted to the Department by the provider before the execution of the CRSTP contract and upon execution of any new insurance policy. The insurance policy must contain a 30-day written notice (to the provider) of cancellation clause; in lieu of the 30-day cancellation clause, a provider may issue a letter from their risk management unit certifying that insurance in the prescribed amounts will be provided without interruption for the contract insurance term. Insured entities shall include:
A) the provider;
B) the Department, and its guests, officers, and employees;
C) the owners of selected training sites; and
D) the participating cycle dealers (if applicable).
4) All advanced-level course students must provide their own cycle or have the owner's written permission to use a borrowed cycle. All cycles used by advanced-level course students must be properly registered and insured for liability damage. Proof of insurance must be provided at the beginning of the course.
5) Providers shall carry excess medical insurance coverage for students enrolled in the Program. If a student is injured while participating in the Program, the student must first submit the medical bills to the student's own insurance carrier. The provider's coverage is considered a secondary policy. If the student does not have medical insurance, the provider's medical coverage will be the primary insurer for the claim, up to the limit of its coverage.
d) Public Relations
A provider may implement a multi-media public relations program. Providers are encouraged to secure free promotional opportunities through any news media.
e) Logo
The Department will approve an official Program logo. The official logo must be used by the provider on all Program materials (e.g., course schedules, informational brochures, web sites). Each provider may adopt a unique logo specific to its Program. The provider logo may be used in addition to the Program logo. All provider logos and Program materials must be approved by the Department prior to use.
f) Record Retention
1) State Records Act
All records are subject to the State Records Act and shall be maintained in accordance with the Department's records retention schedule as approved by the State Records Commission.
2) Record Accessibility
The State of Illinois or its representatives shall have access to all Program-related records, documents or reports generated by the provider.
g) Audits
All contract costs are subject to audit by the State of Illinois or its representative. Audits will be conducted after receipt of the final reimbursement claim for a contract year. The audit procedure may include an on-site inspection of all applicable Program records. The Department reserves the right to conduct audits on a random basis to verify compliance with this Part. Providers will be required to reimburse the Department for any unallowable, unauthorized or improperly documented expenditures.
**History**
- *Source: Amended at 50 Ill. Reg. 10970, effective July 7, 2026*
##### **92 Ill. Adm. Code 455.60** Contracts (Repealed) {#sec-455.60 omnilex-key=us-il-regs-official--title-92--455.60}
**History**
- *Source: Repealed at 50 Ill. Reg. 10970, effective July 7, 2026*
##### **92 Ill. Adm. Code 455.70** Cycle Rider Safety Training Courses {#sec-455.70 omnilex-key=us-il-regs-official--title-92--455.70}
a) Course Cost
No fee shall be charged for the Cycle Rider Safety Training courses, except for a nominal registration fee that shall be refunded upon completion of the course. Students may donate the registration fee to the custody of the provider to be deposited to the Cycle Rider Safety Training Fund.
b) Student Eligibility
To participate in the Cycle Rider Safety Training Program, a student must:
1) be a resident of the State of Illinois;
2) be at least 16 years of age;
3) hold a valid driver's license [625 ILCS 35/4] and
4) show current proof of liability insurance (only those participants using a borrowed or personal cycle or three-wheel motorcycle or any student in an advanced-level course).
c) Any student under 18 years of age must have the written consent of a parent or guardian to participate in the Program.
d) Course Curriculum
Providers must use a Department-approved curriculum for entry-level two-wheel and three-wheel, intermediate-level, and advanced-level courses. The provider must submit its proposed curriculum for the Department's review and approval. The curriculum must adhere to model national standards. The provider may make modifications to the curriculum to improve the safety, effectiveness or efficiency of the Program with the curriculum provider's approval. An example of a modification is changing the direction of the cycles' flow due to geographical logistics of the range. Any proposed modification made by a provider must be approved by the curriculum provider. The approved modification must be submitted in writing to the Department at least two weeks before implementation. Changes to the curriculum cannot be implemented without prior approval by the Department.
e) Instructor's Manual
Each provider shall compile and print an Instructor's Manual for distribution to each instructor who is actively teaching courses for that provider. The manual shall detail information instructors will need to train students in the Program. The manual may be revised as needed. All revisions shall be made in accordance with this Part and shall be submitted to the Department for approval at least two weeks before use. The manual shall include:
1) An introduction
A brief history of the Cycle Rider Safety Training Program shall be included. History information is available from the Department.
2) Procedures
The following Sections of this Part:
A) Section 455.50(a)(3) Entry-level Course Instructor Qualifications;
B) Section 455.50(a)(4) Advanced-level Course Instructor Qualifications;
C) Section 455.50(a)(5) Range Aide Qualifications;
D) Section 455.70(f) Class Size and Instructor/Range Aide Ratios; and
E) Section 455.70(g) Safety Regulations.
3) Public Relations
An explanation of the importance of a strong public relations program, together with examples of established and suggested public relations materials and procedures.
4) Cycle Use
An explanation of the proper use of Program cycles (e.g., not allowing the cycle to be operated for personal use).
5) Conduct
Guidelines for the proper conduct of instructors, range aides, and students. The instructor shall have the authority to dismiss any student from the instruction period or from the course if the student disrupts the course or if the student displays conduct that may endanger themselves or any other person or cause property damage.
6) Duties
An explanation of the duties of instructor trainers, instructors, and range aides. Instructions shall also be included that require the instructor to attach completed student registration forms to Program attendance records and submit them to the provider as soon as practicable after the completion of a course.
7) Student Status
A definition of student eligibility as provided in subsection (b) and the criteria for passing the course as provided in subsection (e)(11).
8) Course Documents
Examples of forms provided in the manual shall include:
A) Student Registration;
B) Attendance Record;
C) Motorcycle Crash/Incident Report (Instructor and Student); and
D) Claim Form for Reimbursable Costs.
9) Student Identification Number (SIN)
An explanation of the criteria used to develop the SIN shall be provided.
A) Each student who attends any portion of a course must complete and sign a Student Registration form and is assigned a SIN. The SIN is a nine-digit number that identifies all students enrolled in the Program.
B) An explanation of the nine-digit SIN used on the Student Registration form is as follows: Year (two digits), CRSTP provider and Training Site (three digits), course number (two digits), and student number (two digits).
C) The provider and training site numbers assigned to the provider and training site shall be included in each Instructor's Manual.
10) Compensation
A statement of the pay rates used to compensate instructors and range aides, and procedures related to compensation and payroll.
11) Passing Criteria
An explanation of the criteria used to determine if a student passes an entry-level, intermediate-level, or advanced-level course shall be included in the manual.
A) Pass means the student attended all sessions and attained a passing score on the riding and written evaluations (entry-level course only). (Also see subsections (h)(1) and (h)(2) for pass/fail criteria.)
B) The instructor shall have the authority to fail any student from a course if the student displayed unsafe conduct that may have endangered the student or any other person.
12) Department Questionnaire
The instructor shall inform each student that the student may receive a questionnaire from the Department concerning the course.
13) Instructional Plan
A plan that outlines the lessons normally taught during each course session. The plan also details instructor course requirements (e.g., how early instructors should arrive before each session).
f) Class Size and Instructor/Range Aide Ratios
1) Entry-level Courses
A) Ideal course size will be at least four registered students with a maximum of 12 registered students.
B) Providers may be required to limit the number of students in an entry-level course if the provider cannot provide a cycle for each student registered to take the course or if the range size limits the number of motorcycles that can operate at one time.
C) Course providers shall follow curriculum provider requirements regarding student/instructor ratios which must adhere to NHTSA model standards. Every range session shall have a minimum of two qualified persons (either an instructor and range aide or two instructors) present all the time.
2) Intermediate-level and Advanced-level Courses
A) Ideal course size will be at least four registered students with a maximum of 12 registered students
B) Course providers shall follow curriculum provider requirements regarding student/instructor ratios which must adhere to NHTSA model standards.
g) Safety Regulations
1) Protective equipment shall be worn by the instructors, range aides, and students at all times when sitting on a cycle. Instructors and range aides are not required to wear protective equipment when starting Program cycles. The provider shall determine what protective equipment is suitable for the training. Protective equipment at the minimum shall include:
A) A helmet that meets or exceeds the requirements of Section 455.50(b)(2)(A);
B) Full-fingered gloves;
C) Long-sleeved clothing (i.e., jacket or shirt);
D) Long pants;
E) Sturdy over-the-ankle footwear (not cloth or canvas); and
F) Eye protection (i.e., glasses, goggles, or helmet visor).
2) Emergency and incident procedures shall be fully detailed in the provider's Instructor's Manual. The following emergency equipment must be present and readily available at all training sites:
A) A fully-charged 5-pound (minimum) dry-chemical (Type A, B, or C) fire extinguisher;
B) A fully-stocked, industrial-quality first aid kit; and
C) Specific procedures to follow in the event of a crash (including 911, at the discretion of the instructors, and additional telephone numbers, such as students' designated emergency contact numbers).
3) A telephone must be available within easy access of all training sites.
4) If training cycles are stored away from the range, they shall not be ridden to or from the range.
5) Training will not be conducted during a thunderstorm, snowstorm, windstorm, when ice is present on the range, or the instructor determines that the students' safety is at risk.
6) Crash and Incident Reporting
When any crash or similar incident occurs during a training session, the instructor shall complete a Motorcycle Crash/Incident Report (MCIR) form and submit it to the provider and to the Department according to the following deadlines:
A) Class One Crash - no injury, no motorcycle or property damage. For incidents classified as class one, the instructor shall complete MCIR form and submit it to the provider within one week after the incident. The provider shall submit the form to the Department within 30 days after the incident.
B) Class Two Crash – any report of injury or visible injury such as a scrape, scratch, bruise, etc., or any observable motorcycle or property damage, or both. For incidents classified as class two, the instructor shall complete MCIR form. The MCIR form shall be submitted to provider within one week after the incident. The provider shall submit the form to the Department within 14 days after the incident. Telephone call logs and email communications related to class two crashes shall be retained in a hard copy or electronic file.
C) Class Three Crash – any crash with injury which requires professional medical treatment or significant motorcycle or property damage. The instructor shall inform the provider by email and telephone call no later than the next day following the crash and submit the MCIR form within two days after the crash. The provider shall notify the Department the same day the incident is reported by email and phone call. The provider shall submit the MCIR form to the Department upon receipt. Telephone call logs and email communications related to class three crashes shall be retained in a hard copy or electronic file.
h) Student Status at Course Completion
Each registered student will be classified as a Pass, Fail, or Drop at course completion based on the following:
1) Pass – Student attended all sessions and attained a passing score on the riding and written evaluations for an entry-level or intermediate-level course, and riding evaluation for an advanced-level course.
2) Fail – Student completed the class, but failed one or both evaluations, or started an evaluation but did not complete the evaluation.
3) Drop – Student left the course or was dismissed by the instructor for any reason, including unsafe conduct before either evaluation.
i) Student Completion Card
1) Those students who pass a course shall be issued an official Student Completion Card by the provider at the time of completion or mailed from the provider's office.
2) Replacement cards shall be issued by the provider, upon request, for a period not to exceed one year from the course completion date. Letters or certificates confirming course completion shall be issued, upon request, when the course completion date exceeds one year but not more than five years.
**History**
- *Source: Amended at 50 Ill. Reg. 10970, effective July 7, 2026*
##### **92 Ill. Adm. Code 455.80** Reimbursement Process {#sec-455.80 omnilex-key=us-il-regs-official--title-92--455.80}
a) The Department will reimburse the provider for actual costs incurred that are necessary to administer the Program as specified in the Program contract and according to criteria outlined in Section 4 of the Act.
b) Costs to be claimed shall be documented on the provider's claim form for reimbursable costs. The claim form must identify the:
1) Vendor;
2) Contract Number;
3) Amount Paid;
4) Transaction Date; and
5) Budget Line Item for Each Expenditure.
c) Copies of receipts that document Program costs listed in subsection (b) shall be attached to the claim form and submitted to the Department. Original receipts maintained by the provider must be available for inspection by the Department.
d) If a provider has not complied with all provisions of this Section, the Department may require a provider to submit all future receipts with its claim form.
e) Monthly expenditures shall be claimed as outlined in the contract. A final claim that documents any costs that were unresolved or pending in the calendar year the course was completed must be submitted to the Department within 90 days after the expiration of the annual contract.
**History**
- *Source: Amended at 50 Ill. Reg. 10970, effective July 7, 2026*
##### **92 Ill. Adm. Code 455.APPENDIX** A Regional Centers and Counties (Repealed) {#sec-455.appendix omnilex-key=us-il-regs-official--title-92--455.APPENDIX}
**History**
- *Source: Repealed at 50 Ill. Reg. 10970, effective July 7, 2026*
## **Chapter I** Department of Transportation
### **Subchapter e** Traffic Safety (except Hazardous Materials)
#### **Part 456** Nonscheduled Bus Inspections
##### **92 Ill. Adm. Code 456.10** Purpose and Scope {#sec-456.10 omnilex-key=us-il-regs-official--title-92--456.10}
This Part prescribes the requirements and procedures used to implement Section 13-109(b) of the Illinois Vehicle Inspection Law [625 ILCS 5/13-109(b)] that provides for periodic nonscheduled inspections of school buses, MFSABs that are owned or operated by, or for, public school districts, private schools, or school transportation contractors, buses registered as charitable vehicles, and religious organization buses at locations where the buses are stored or parked. The Division's nonscheduled bus inspection program is used to monitor the maintenance and condition of the buses for safety purposes.
**History**
- *Source: Amended at 38 Ill. Reg. 12941, effective June 4, 2014*
##### **92 Ill. Adm. Code 456.20** Application {#sec-456.20 omnilex-key=us-il-regs-official--title-92--456.20}
This Part applies to the following persons:
a) Department Personnel;
b) Owners or Operators of MFSABs that are used by, or for, public school districts, private schools, or school transportation contractors;
c) School Bus Owners or Operators;
d) Religious Organization Bus Owners or Operators; and
e) Owners or Operators of Buses Registered as Charitable Vehicles.
**History**
- *Source: Amended at 38 Ill. Reg. 12941, effective June 4, 2014*
##### **92 Ill. Adm. Code 456.30** Standards of Construction {#sec-456.30 omnilex-key=us-il-regs-official--title-92--456.30}
a) "Shall" and "must" are used in the imperative sense. "May" allows permissiveness under terms specified in the standards. "Will" indicates intention, promise or willingness.
b) Words imparting the masculine gender include the feminine.
c) Singular includes plural.
##### **92 Ill. Adm. Code 456.40** Definitions {#sec-456.40 omnilex-key=us-il-regs-official--title-92--456.40}
"Bus" – Every motor vehicle, other than a commuter van, designed for carrying more than 10 persons, including the driver. (See Section 1-107 of the Illinois Vehicle Code.)
"Certificate of Safety" – The visible symbol, authorized by Section 13-110 of the Code and provided by the Division's Commercial Vehicle Safety Section (CVSS) for use by an Official Testing Station, that is directly affixed to a vehicle by a Certified Safety Tester only after the completion of a proper safety test demonstrating that the vehicle meets the minimum standards established by the Division (i.e., 92 Ill. Adm. Code 448, 441, 443 and 445).
"Charitable Vehicle" − Any vehicle that is exclusively owned and operated by a religious or charitable not-for-profit organization and is used primarily in conducting the official activities of such organization. This definition does not include:
a bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interurban transportation of passengers when such bus is on a regularly scheduled route for the transportation of other fare paying passengers or furnishing charter service for the transportation of groups on special trips or in connection with special events and not over a regular or customary religious organization bus route;
a school bus as defined in Section 1-182 of the Code; or
a First Division vehicle, other than one designed for transporting not less than 7 nor more than 10 passengers, as defined in Section 1-217 of the Code; except that, for purposes of determining the number of persons a vehicle is designed to carry in this Section, in any vehicle equipped with one or more wheelchair tiedowns, each wheelchair tiedown shall be counted as 4 persons. Each wheelchair tiedown shall be counted as 1 person for any other purpose of the Code. (Section 1-111.1a of the Code)
"Code" – The Illinois Vehicle Code [625 ILCS5].
"Commercial Vehicle Safety Section" or "CVSS" – A section of the Bureau of Safety Programs of the Division of Traffic Safety, Illinois Department of Transportation.
"Department" – The Department of Transportation of the State of Illinois, acting directly or through its duly authorized officers and agents. (Section 1-115.05 of the Code)
"Division" − The Illinois Department of Transportation, Division of Traffic Safety.
"Federal Motor Vehicle Safety Standards" or "FMVSS" – 49 CFR 571 (October 1, 2013).
"Glossy Black" – National Institutes of Standards and Technology Federal Standard No. 595a, Color 17038.
"Illinois Vehicle Inspection Law" or "The Law" – 625 ILCS 5/Ch. 13.
"Multifunction School Activity Bus" or "MFSAB" means a school bus manufactured for the purpose of transporting 11 or more persons, including the driver, whose purposes do not include transporting students to and from home or school bus stops. An MFSAB is prohibited from meeting the special requirements for school buses in Sections 12‑801, 12‑803, and 12‑805 and Section 12‑802(a) of the Code. (Section 1-148.3a5 of the Code)
"National School Bus GlossyYellow" − National Institutes of Standards and Technology Federal Standard No. 595a, Color 13432.
"Nonscheduled Inspection" – The Division's program used to monitor the maintenance and condition of school buses, religious organization buses and buses registered as charitable vehicles. Nonscheduled inspections are performed on a periodic basis at locations where the buses are stored or parked.
"Nonscheduled Inspection Report" or "NIR" – The form used by the Division to document nonscheduled inspection findings and to indicate actions taken when necessary.
"Official Testing Station" – All contiguous real and personal property that houses the testing lane or lanes (if required) and any and all equipment (if applicable) and supplies relating to the safety testing of vehicles. Official testing stations are classified as either public or private. Public stations are open to the public and are authorized to safety test vehicles as required by Section 13-101 of the Law and Section 6-410 of the Code. Private stations are established by companies for the purpose of safety testing vehicles that are owned or operated by the company; therefore, private stations are not open to the public.
"Officer" or "Inspector" – An employee of the Illinois Department of Transportation, Commercial Vehicle Safety Section.
"Operator" – The owner or the individual responsible for the maintenance and condition of a school bus, religious organization bus or a bus registered as a charitable vehicle.
"Out-of-Service Penalty" – The most serious penalty that can be assessed. This penalty requires a bus to be inspected at an Official Testing Station before being placed back in service. (See Section 13-109(b) of the Law.)
"Religious Organization Bus" – See the definition of "charitable vehicle" in this Section.
"School Bus Brake Inspection Report" or "SBBIR" – The form used by school bus operators to verify that brake inspections have been performed as required by 92 Ill. Adm. Code 447. The required brake inspection report is subject to inspection by the Division's officers. Religious organization buses, buses registered as charitable vehicles, and MFSABs are exempt from the requirements of 92 Ill. Adm. Code 447.
"School Bus" –
Every motor vehicle, except as provided in this definition, owned or operated by or for any of the following entities for the transportation of persons regularly enrolled as students in grade 12 or below in connection with any activity of such entity:
Any public or private primary or secondary school;
Any primary or secondary school operated by a religious institution; or
Any public, private or religious nursery school.
This definition shall not include the following:
A bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interurban transportation of passengers when such bus is not traveling a specific school bus route but is:
On a regularly scheduled route for the transportation of other fare paying passengers;
Furnishing charter service for the transportation of groups on field trips or other special trips or in connection with other special events; or
Being used for shuttle service between attendance centers or other educational facilities.
A motor vehicle of the First Division.
A multifunction school activity bus. (Section 1-182 of the Code)
"Three-Day Notice Penalty" – This penalty requires a violation to be corrected within 3 working days before Division officers return for a reinspection. (See Section 13-109(c) of the Law.)
"Type I School Bus" or "MFSAB" − A school bus or an MFSAB with a gross vehicle weight rating of more than 10,000 pounds. (See Section 1-213.4 of the Code.)
"Type II School Bus" or "MFSAB" − A school bus or an MFSAB with a gross vehicle weight rating of 10,000 pounds or less. (See Section 1-213.5 of the Code.)
"Type I-A School Bus" or "MFSAB" − A term commonly used by school bus manufacturers to classify a certain type of school bus or MFSAB that is a conversion or body constructed upon a van-type or cutaway front-section vehicle with a left side driver's door, designed for carrying more than 10 persons. The type I-A school bus or MFSAB has a Gross Vehicle Weight Rating (GVWR) of more than 10,000 pounds.
"Warning Penalty" – This penalty requires a violation to be corrected within 30 days and the appropriate copy of the NIR to be mailed to the CVSS as soon as repairs are made. (See Section 13-109(d) of the Law.)
**History**
- *Source: Amended at 38 Ill. Reg. 12941, effective June 4, 2014*
##### **92 Ill. Adm. Code 456.50** Enforcement Procedures {#sec-456.50 omnilex-key=us-il-regs-official--title-92--456.50}
a) The Division will conduct periodic nonscheduled inspections of school buses, of buses registered as charitable vehicles and of religious organization buses. (See Section 13-109(b) of the Law.)
b) The nonscheduled inspections will be conducted by the Division's officers at locations where the vehicles listed in subsection (a) of this Section are stored or parked. The SBBIR must be kept for a period of at least 12 months at the location where the bus is stored or parked and the SBBIR must be available for inspection by the Division's officers during normal business hours.
c) Nonscheduled inspections will consist of inspecting those items listed in Section 456.60, 456.75, 456.80, 456.95, 456.100 or 456.105 of this Part, depending on the type of vehicle being inspected. The Division's officers will note any violation of this Part on the NIR and fill in the penalty portion of the NIR according to the most serious penalty assessed. Penalties are separated into three categories: Out-of-Service, Three-Day Notice, and Warning. All violations listed on the NIR shall be corrected within the time period noted on the NIR. (See subsections (f), (g), and (h) of this Section.)
d) The NIR consists of the original form and three copies. The original and one copy will be issued to the bus operator. One copy will be mailed to the CVSS by the Division's officer and the remaining copy will be retained by the Division's officer.
e) The bus operator's copy of the NIR shall be returned to the CVSS after either all warning violations have been corrected, or the Division's third day follow-up inspection has been completed, or inspection at an Official Testing Station for an out-of-service penalty has been conducted. See subsection (f), (g) or (h) of this Section for penalty procedures.
f) If a nonscheduled inspection reveals that any component listed in Section 456.60, 456.75, 456.80, 456.95, 456.100 or 456.105 meets the "out-of-service" criteria listed in those Sections, the Division's officer will remove the Certificate of Safety from the vehicle and will place the vehicle out-of-service. (See Section 13-109(b) of the Law.)
1) A bright orange, triangular decal will be placed on an out-of-service vehicle where the Certificate of Safety has been removed. (Section 13-109(b) of the Law)
2) The vehicle must pass a complete safety test at an official testing station before it is again placed in service. (See Section 13-109(b) of the Law.) A complete inspection includes all of the components required to be inspected, plus a valid SBBIR (see 92 Ill. Adm. Code 447), if required. The complete inspection is not limited to the components listed in the penalty portion of the NIR.
3) An out-of-service penalty requires the bus operator's copy of the NIR to be returned to the CVSS by the bus operator after the bus passes a complete inspection at an Official Testing Station.
4) Causing or allowing the operation of an out-of-service vehicle with passengers or unauthorized removal of an out-of-service decal is a Class 3 felony. (Section 13-109 (e) of the Law)
g) If a nonscheduled inspection reveals that any component listed in Section 456.60, 456.75, 456.80, 456.95, 456.100 or 456.105 meets the "three-day notice" criteria listed in those Sections, the Division's officer will issue a three-day notice penalty. (See Section 13-109(c) of the Law.)
1) A bright yellow triangular decal will be placed next to the Certificate of Safety. (See Section 13-109(c) of the Law.)
2) The Division will reinspect the vehicle after 3 working days to determine that the violation has been corrected and remove the yellow, triangular decal. (See Section 13-109(c) of the Law.)
3) A three-day notice penalty requires the bus operator's copy of the NIR to be completed and returned to the CVSS by the Division's officer when the officer returns for the follow-up inspection after the third day.
4) If the violation is not corrected within 3 working days, the Division will place the vehicle out-of-service in accordance with subsection (f) of this Section. (See Section 13-109(c) of the Law.)
5) Causing or allowing the operation of a vehicle with a 3-day decal for longer than 3 days with the decal attached or the unauthorized removal of a 3-day decal is a Class C misdemeanor. (Section 13-109(e) of the Law)
h) If a nonscheduled inspection reveals that any component listed in Section 456.60, 456.75, 456.80 or 456.95 meets any of the warning criteria listed in those Sections, the Division will issue a warning notice to the bus operator requiring correction of the violation or violations. The NIR will be provided to the bus operator and will list all warning notice violations. (See Section 13-109(d) of the Law.)
1) The bus operator shall correct the violation or violations as soon as practicable and submit a report to the Division within 30 days after the date of the nonscheduled inspection affirming that the corrections have been made. (See Section 13-109(d) of the Law.)
2) A warning penalty requires the bus operator's copy of the NIR to be returned to the CVSS by the bus operator after all violations have been corrected.
3) If the Division has not been advised that the corrections have been made by receipt of the bus operator's copy of the NIR, and the violations still exist, the Division will place the vehicle out-of-service in accordance with subsection (f) of this Section. (See Section 13-109(d) of the Law.)
i) Except as provided in subsection (j), if a nonscheduled inspection reveals that any component listed in Section 456.60, 456.75, 456.80, 456.95, 456.100 or 456.105 warrants the issuance of a penalty, the bus operator may repair or replace defective items while the Division's officers are on location. If the bus operator chooses to repair or replace the defective item, it must be done while the Division's officers are still on location and shall not alter the Division's officers' schedule. All components repaired or corrected on location will be documented on the NIR by the Division's officers.
j) If a nonscheduled inspection reveals that any violation of the Brakes, Exhaust System, Steering System or Tires meets the out-of-service criteria established in Sections 456.60, 456.95, 456.100 or 456.105, the vehicle will immediately be placed out-of-service and the procedures provided in subsection (f) will apply. Section 456.50(i) will not be applicable.
**History**
- *Source: Amended at 38 Ill. Reg. 12941, effective June 4, 2014*
##### **92 Ill. Adm. Code 456.60** Violation Criteria for School Buses {#sec-456.60 omnilex-key=us-il-regs-official--title-92--456.60}
The following components will be inspected during a nonscheduled inspection. A violation of one component may only necessitate a warning while other components may require a 3-day notice or cause the vehicle to be declared out-of-service. Certain components have criteria listed in more than one penalty category, depending on the degree of the specific violation. If any criteria listed below exists, the corresponding penalty will be issued:
a) Air Cleaner:
WARNING – missing; not properly attached.
b) Aisle:
1) OUT-OF-SERVICE – obstructed.
2) WARNING – at least 12 inches (305 mm) of clearance (at seat cushion level) from service door to emergency door (or back of bus) is not present.
c) Alternator:
3-DAY – belts are torn, broken or slipping; does not meet capacity rating or electrical requirements; not functioning.
d) Axles:
1) OUT-OF-SERVICE – not firmly attached; cracked; broken; wheel seals leaking grease or fluids.
2) WARNING − pinion seal leaking.
e) Barrier, Guard:
1) OUT-OF-SERVICE – missing; not solidly attached.
2) WARNING – padding or covering is missing or shows wear and tear; barrier is not the same height as the seat back directly behind the barrier.
f) Battery or Batteries:
1) OUT OF SERVICE – battery housing is cracked or hole is present (except vent hole or holes made by manufacturer).
2) WARNING – excessive corrosion; not secured; insufficient capacity (per manufacturer's specifications); missing cap.
g) Battery Cables:
1) OUT-OF-SERVICE – cables are rubbing through the insulation; wrong type cable is being used (e.g., top post cable is being used with side post battery); connectors or wires are bare.
2) WARNING – broken; corroded; not securely attached.
h) Battery Carrier/Compartment:
WARNING – when battery is mounted outside of engine compartment, it is not properly attached in weather-tight vented compartment; compartment door does not latch.
i) Brakes:
1) OUT-OF-SERVICE – any problem found with service brake system (includes the anti-lock braking system (ABS) indicator lamp). SBBIR forms not being completed, maintained or available for inspection. Any defect in emergency/parking brake system (other than indicator light).
2) WARNING – SBBIR not completed properly. Emergency/parking brake indicator light not functioning.
j) Bumper, Front:
1) OUT-OF-SERVICE – missing; bumper damage that interferes with tire condition or movement; loose; broken; protruding parts.
2) WARNING –if vehicle's GVWR is over 10,000 lbs., the bumper is not made of rolled steel approximately 3/16 (.18) inch thick or not energy absorbing type; if vehicle's GVWR is 10,000 lbs. or less, the bumper is not metal construction or not energy absorbing; for type I-A school bus, the bumper may meet manufacturer's specifications when the school bus is equipped with a driver side air bag.
k) Bumper, Rear:
1) OUT-OF-SERVICE − missing; loose; broken; protruding parts.
2) WARNING – hitchable; if vehicle's GVWR is over 10,000 lbs., bumper is not made of channel-type steel approximately 3/16 (.18) inch thick; if vehicle's GVWR is 10,000 lbs. or less, bumper is not metal construction or not energy absorbing.
l) Certificate of Safety:
OUT-OF-SERVICE – missing; expired; voided; over on mileage; incorrect type of Certificate of Safety.
m) Certification Label, Federal:
WARNING – missing; defaced; destroyed; illegible; not permanently affixed; required information is missing (refer to 92 Ill. Adm. Code 441.Appendix C(c) or 92 Ill. Adm. Code 443.Appendix C(c)).
n) Child Check System:
WARNING − a mechanical or electronic child check system is installed but the interior lights are not illuminated when the ignition is either turned off or to the "accessories" position; mechanical or electronic system is not functioning and no company policy is evident that a manual child check system is used.
o) Cleanliness:
WARNING – excessive rubbish or trash; excessive dirt; spilled fluids; decorations.
p) Communication Device:
WARNING − two-way radio or cell phone does not operate; two-way radio or cell phone is not present and no documentation is provided indicating the communication device requirement is being met by the use of a cell phone.
q) Crossing Control Arm:
1) OUT-OF-SERVICE − missing; does not work or function properly; illegal on/off switch; does not meet minimum length of 5 feet from the front face of the bumper.
2) 3-DAY − red light or red reflector is present.
r) Dash:
1) OUT-OF-SERVICE – attached equipment.
2) WARNING – clutter on dash.
s) Defrosters:
1) OUT-OF-SERVICE – does not function properly between October 2 and April 14; blades are not protected.
2) WARNING – does not function properly between April 15 and October 1; auxiliary fans are not securely mounted.
t) Drive Shaft Guard:
1) OUT-OF-SERVICE – missing on any segment of the drive shaft.
2) WARNING – not solid; not firmly attached.
u) Emergency Exits:
1) OUT-OF-SERVICE – illegal locks (refer to 92 Ill. Adm. Code 441. Appendix D(b)(4)) or 92 Ill. Adm. Code 443.Appendix D(b)(4)); no engine cutoff; obstructed; latch broken; exit does not operate; both audible and visible alarms on emergency exit doors do not operate; no audible alarm on emergency window exits; audible alarm is not continuous; child passenger restraint system (i.e., car seat) is located on the bench seat next to a designated emergency exit window (does not include a factory-installed built-in child restraint system).
2) WARNING – binding; no guard; exterior handle is hitchable; door does not seal properly; either audible or visible alarms on emergency exit doors do not operate; stop bracket on door that allows the door to stay open is missing or does not function (buses manufactured prior to May 2, 1994 are exempt).
v) Engine Compartment:
1) 3-DAY – excessive oil in engine compartment.
2) WARNING − minor oil in engine compartment; does not start or run properly (except when the bus is in the process of being repaired).
w) Entrance (Service) Door/Driver's Door/Additional Doors:
1) OUT-OF-SERVICE – fails to close; view is obstructed; illegal locks; does not operate properly; manual override is missing or not functioning on power operated doors; special service door not made inoperable if seats are installed next to the special service door.
2) WARNING – rubber seals are missing or torn; holes are present; not sealing properly; minor binding.
x) Exhaust System:
1) OUT-OF-SERVICE – any leaks in the exhaust system; broken; disconnected; discharge is located beneath fuel filler location or beneath emergency exit door; improper size reduction.
2) WARNING – shield is not present if required (refer to 92 Ill. Adm. Code 441.Appendix D(d)(2) or 92 Ill. Adm. Code 443.Appendix D(d)(2)); extends more than one inch past the body; not securely attached or supported.
y) Fenders:
OUT-OF-SERVICE – protruding components; not securely attached; excessive collision damage that is detrimental to the safe operation of the vehicle; missing.
z) Fire Extinguisher:
1) OUT-OF-SERVICE – not fully charged; missing.
2) WARNING – seal is broken; improper rating; overcharged; not mounted in readily accessible location; not labeled if in compartment.
aa) First Aid Kit:
1) OUT-OF-SERVICE – missing; empty.
2) WARNING – kit does not contain (at a minimum) 2 packages of 4" bandage compresses (one per package), 2 packages of 2" bandage compresses (4 per package), one package of 1" bandage or adhesive compresses (16 per package), 40" triangle bandage with 2 safety pins, one splint (wire or wood); medicine or tourniquet is present; not mounted in readily accessible location; defective container.
bb) Floor, Floor Covering, Firewall, Occupant Compartment and Engine Cover:
1) OUT-OF-SERVICE – holes are present; sagging so that the integrity of the frame is jeopardized; broken; not firmly attached.
2) WARNING – sagging except when the integrity of the frame is jeopardized; torn, loose or missing covering; missing or damaged floor stripping; defective boots; engine cover does not latch or seal properly; loose carpeting or floor mat in driver's area.
cc) Frame and Body:
1) Frame:
OUT-OF-SERVICE – broken; cracked; improper welds; rusted through; structurally unsafe; sagging.
2) Body (Exterior and Interior):
A) OUT-OF-SERVICE – collision damage that is detrimental to the safe operation of the vehicle; not properly attached to the frame. Body tie downs are loose or missing. Holes penetrating the interior of the vehicle.
B) WARNING –holes are present but are not penetrating the interior of the vehicle; any other component is loose, missing or broken.
dd) Fuel Storage and Delivery System:
1) OUT-OF-SERVICE – fuel tank is leaking or loose; no fuel tank guard; fuel lines are loose, sagging, rubbing, chaffing, leaking, cracked or broken; fuel cap is missing.
2) 3-DAY – alternate fuel system not removed after conversion to gasoline or diesel (alternate fuel is no longer used).
3) WARNING − no metal heat shield is present if any flammable material, insulated wire, brake hose/line, or fuel system component containing fuel is located within 12 inches (300 mm) (4 inches for diesel powered engines) of a component containing exhaust gas.
ee) Grab Handles (Exterior and Interior):
1) OUT-OF-SERVICE − exterior and/or interior grab handles are missing on a school bus with a GVWR of more than 10,000 lbs.; interior grab handle is missing on a school bus with a GVWR of 10,000 lbs. or less; hitchable; snagable. Exception: type I-A school buses are exempt from exterior grab handles.
AGENCY NOTE: "Hitchable" is defined as being designed to allow riding or grasping on to an exterior portion of the bus so as to "hitch" a ride.
2) WARNING – handles are loose.
ff) Heaters:
1) OUT-OF-SERVICE − heaters are not working between October 2 and April 14 (except stepwell heater).
2) WARNING – poor working condition; defective, damaged, unsecured hoses, supports or baffles; not firmly attached; rear heater is not protected by a seat or is not padded; defective or missing switches; not working between April 15 and October 1; stepwell heater is not working (if present).
gg) Hood:
OUT-OF-SERVICE – does not open; broken, missing or defective latches or hinges.
hh) Horn (Interior):
1) OUT-OF-SERVICE – missing horn or horn component; not audible for 200 feet; cannot be controlled from driver's seat.
2) WARNING − not readily accessible to driver; unsecured wiring; not labeled if location is other than steering column.
ii) Instruments and Instrument Panel:
1) OUT-OF-SERVICE – brake failure indicator gauges or devices do not operate properly or are missing; headlight switch defective; odometer not working; turn signal lever not functioning properly.
2) 3-DAY – 8-light flasher or high beam indicator lights do not operate properly or are missing; switches (other than headlight) are defective or missing; speedometer not functioning.
3) WARNING − instruments or instrument panel obstructed by unauthorized material (e.g., books, radios, trash, food, etc.); emergency brake indicator light does not function.
jj) Lettering (Interior and Exterior):
WARNING – required lettering is missing (see 92 Ill. Adm. Code 441.Appendix G(c) or 92 Ill. Adm. Code 443.Appendix G(c)); incorrect location; incorrect color; illegible; decals or lettering not authorized or allowed by Section 12-802 of the Code or 92 Ill. Adm. Code 441 or 443 is present; lettering is obstructed; no window stop lines; lettering does not contrast with its background.
kk) Lights/Lamps (Exterior and Interior) (see 92 Ill. Adm. Code 441.Appendix G(d) or 92 Ill. Adm. Code 443.Appendix G(d) for proper colors):
1) Backup:
A) 3-DAY – both lights do not function.
B) WARNING − one light does not function; improper color; broken lens or other component.
2) Clearance:
WARNING – do not function; improper color; broken lens or other component.
3) Flashing 8-light System:
A) OUT-OF-SERVICE – do not function; incorrect sequence; do not cancel; illegal by-pass activation switch (red lights only); improper color; broken lens or other component.
B) WARNING − 8-light activation indicator panel not functioning properly; crossing control arm override switch not wired properly.
4) Headlights:
A) OUT-OF-SERVICE – do not function; improper color; dimmer switch defective; not securely attached.
B) WARNING – cracked lens; water accumulated in the headlight.
5) Identification (Cluster):
WARNING − do not function; improper color; broken lens or other component.
6) Interior:
WARNING – do not function; improper color; broken lens or other component; missing or broken switches.
7) License Plate:
WARNING – does not function; missing; improper color; broken lens or other component.
8) Parking:
WARNING – do not function; improper color; broken lens or other component.
9) Sidemarker:
WARNING – missing; do not function; improper color; broken lens or other component.
10) Stepwell: (required when headlights are ON)
WARNING – does not function; improper color; broken lens or other component.
11) Stop/Brake:
A) OUT-OF-SERVICE – does not function; does not release; improper color; broken lens.
B) WARNING – cracked lens.
12) Strobe:
AGENCY NOTE: Mandatory on all school buses manufactured after December 31, 1999.
A) OUT-OF-SERVICE – missing (if required); not visible from any direction.
B) 3-DAY – not operating properly.
C) WARNING – location is incorrect (see AGENCY NOTE below).
AGENCY NOTE: The correct strobe location is determined by the strobe's filament height. The filament height (in inches) is multiplied by 30 and the lamp is located that distance (in inches) from the rear of the bus. If this formula cannot be met (e.g., length of the bus, air conditioner, or roof hatch prohibits), the strobe can be located as near as practicable above the rear axle, horizontally centered between the rear tires, and always to the rear of roof exits and/or air conditioners.
13) Tail:
A) OUT-OF-SERVICE – do not function; improper color; broken lens.
B) 3-DAY – cracked lens.
14) Turn Signal (Front and Rear):
A) OUT-OF-SERVICE – missing; do not function; broken lens; driver activation lever is defective or missing.
B) WARNING – improper color; cracked lens.
15) Turn Signal (Left and Right Armored) (if vehicle's GVWR is over 10,000 lbs.):
WARNING – side armored turn signal or signals are missing; do not function; cracked lens; "armor" is missing.
ll) Mirrors (Exterior and Interior):
1) OUT-OF-SERVICE – missing; not functioning as required; broken mirror or mount; mirror is cracked, pitted or clouded to obstruct driver's view; size or type not approved.
2) WARNING – cracked, clouded or pitted but not obstructing driver's view; stickers or unauthorized materials are present; loose mounting.
mm) Paint Requirements:
1) OUT-OF-SERVICE − exterior is not national school bus glossy yellow except: rooftop may be white; body trim, rub rails, lettering other than on a stop signal arm and bumpers shall be glossy black; hood and upper cowl may be lusterless black or lusterless school bus yellow; grilles on the front, lamp trim and hubcaps may be a bright finish; name or emblem of a manufacturer may be colorless or any color; wheels and rims may be black, gray or manufacturer's option; lug nut torque indicators may be any color.
2) WARNING – reflective tape outlining emergency exits is missing, defective, improperly located, improper color, poor condition; paint is in poor condition.
nn) Pedals (Accelerator, Service Brake, Clutch, Emergency/Parking Brake):
1) OUT-OF-SERVICE − missing; damaged; pedal extensions are not from a manufacturer.
2) 3-DAY – rubber cover or non-skid material is missing.
oo) Pre-trip Book − (See 92 Ill. Adm. Code 458 (School Bus Driver's Pretrip Inspection Requirements).):
WARNING – not being prepared; missing; improper completion; operator not complying with recordkeeping requirements of 92 Ill. Adm. Code 458.
pp) Projections:
1) Exterior:
A) OUT-OF-SERVICE − dangerous to pedestrians or other vehicles.
B) WARNING – hitchable.
2) Interior:
WARNING – not padded (if required); interferes with entering or exiting the bus or with head impact zone (e.g., cameras, air conditioners, brooms, etc).
qq) Radio Speakers:
WARNING − located within restricted area and not disconnected (includes portable radio speakers). (Two-way radio speakers are exempt.)
rr) Reflectors/Reflective Tape (also see Paint Requirements):
WARNING – missing; damaged; not properly located; wrong color.
ss) Rub Rails:
WARNING – missing; damaged; not securely attached.
tt) Seat Belt (Driver's):
1) OUT-OF-SERVICE – missing; broken; improper mounting; buckle does not operate properly.
2) WARNING – driver's retractor does not operate properly; driver's seat belt is on the floor.
uu) Seat Belt (Passenger):
OUT-OF-SERVICE – missing (if required, see AGENCY NOTE); broken; improper mounting; buckle does not operate properly.
AGENCY NOTE: Each school bus shall be equipped with retractable lap belt assembly for the driver's seat. A shoulder harness is optional. FMVSS require passenger safety belts on any school bus that has a GVWR of 10,000 lbs. or less (i.e., a type II school bus). Passenger safety belts are optional on any school bus that has a GVWR of more than 10,000 lbs. (i.e., a type I school bus). However, optional safety belts installed on any type I school bus manufactured on or after October 21, 2011 are required to meet the same FMVSS that are required for type II school buses. (See 49 CFR 571.210 (October 1, 2013).)
vv) Seat, Driver's:
1) OUT-OF-SERVICE − broken; loose; missing.
2) WARNING – damaged covering; not adjustable.
ww) Seats, Passenger:
1) OUT-OF-SERVICE – loose; broken frame or components; seats installed in a manner other than prescribed in 49 CFR 571.222 (October 1, 2013) (except special education buses with prior Division approval).
2) WARNING – incorrect height or center-to-center seat spacing (refer to 92 Ill. Adm. Code 441.Appendix I(c) or 92 Ill. Adm. Code 443.Appendix I(c)); damaged covering; loose seat cushion; metal seat frame not protected by padding.
xx) Steering System:
1) Exterior:
A) Linkage Components:
OUT-OF-SERVICE – broken; bent; welded repairs; loose; insecurely mounted; missing.
B) Steering Components:
OUT-OF-SERVICE – broken; loose; leaking; binding; belts and hoses frayed or cracked; power or power-assist unit inoperative or missing; reservoir low or empty; incorrect fluid.
2) Interior:
OUT-OF-SERVICE – column support bracket is broken, loose or missing; excessive up and down movement in steering shaft; excessive damage to steering wheel; spokes are missing; lash exceeds acceptable limits.
yy) Steps, Entrance:
1) OUT-OF-SERVICE – broken; rusted through.
2) WARNING – sagging; damaged ribbing; defective or missing white nosing; obstructed (i.e., any item that is blocking or partially blocking the steps).
zz) Stop Signal Arm Panel:
1) OUT-OF-SERVICE – missing; lights not functioning (if equipped with lights); entire surface is not retroreflective and no lamps are present; panel does not operate properly.
2) 3-DAY – incorrect panel; lights not flashing alternately (i.e., one light not functioning, if equipped with lights); optional second stop signal arm panel is not located on the left side of the bus; optional second panel does not operate in conjunction with the required panel; optional second panel contains any marking or reflective material on the front side of the panel; optional second panel is not located in the rear half of the bus adjacent to the rearmost window.
3) WARNING – incorrect paint (refer to 92 Ill. Adm. Code 441.Appendix J(a) or 92 Ill. Adm. Code 443.Appendix J(a)); poor condition; crossing control arm override switch is wired improperly allowing stop signal arm panel to activate when the 8-way flashing signal system is deactivated.
aaa) Storage Compartment (Interior):
1) 3-DAY − not readily accessible to driver; alarm does not function when compartment is locked and engine is running (only when fire extinguisher, warning devices, or first aid kit are located in storage compartment).
2) WARNING – lettering (i.e., FIRE EXTINGUISHER, FIRST AID KIT, and/or WARNING DEVICES) is missing (only when fire extinguisher, warning devices, or first aid kit are located in storage compartment). Red Cross formed of 5 equal squares is missing (if first aid kit is located in storage compartment).
bbb) Sun Visor:
WARNING – broken; damaged; missing; not adjustable; not transparent (type I school bus only); measures less than 6 inches by 30 inches (type I school bus only); measures less than 5 inches by 16 inches (type II school bus); not installed above windshield; interferes with view of interior rear view mirror; for type I-A school buses, the sun visor may meet manufacturer's standards.
ccc) Suspension:
1) Shocks:
A) OUT-OF-SERVICE – broken; missing; broken mounts.
B) WARNING – leakage; loose mounting.
2) Springs and Spring Assembly Components:
OUT-OF-SERVICE – broken; cracked; damaged; loose; missing spring or spring assembly component.
3) Air
OUT-OF-SERVICE − leaking; damaged; leaning excessively; rubbing on frame or body.
ddd) Tow Hooks (optional):
WARNING – extend beyond bumper; not securely attached.
eee) Trash Container (optional):
WARNING − if present, not secure; obstructs aisle or exits; overflowing with trash; poses a tripping hazard. (Trash container, if present, is not required to be attached to the school bus.)
fff) Warning Devices:
1) OUT-OF-SERVICE − missing.
2) WARNING – incomplete set; reflectors are cracked or broken; flags are ripped or torn; emergency triangles are not operational; not securely stored; not readily accessible.
ggg) Wheels:
1) Wheel Housing:
OUT-OF-SERVICE – tire rubs against any portion of chassis, body or bumper; housing does not allow for unimpeded wheel and tire service or removal; housing does not provide clearance for installation and use of tire chains; not firmly secured; holes are present.
2) Rim:
OUT-OF-SERVICE – cracked; broken; elongated holes; missing or broken lug nuts; lock ring damaged; bent; improper welds.
3) Tires:
A) Steering axle:
i) OUT-OF-SERVICE – regrooved, recapped, retreaded; restricting markings are present; insufficient tread depth at any measured point of a major tread groove (less than 4/32); broken or cut cord; any sign of carcass failure; tires are not same construction; regular and mud/snow tread are mixed; radial and bias ply tires are used incorrectly; bias tube installed on radial; valve stem is damaged; improper inflation; tire does not meet what federal certification label requires for vehicle; tire size (i.e., diameter and/or width) exceeds size of other tires on same axle.
ii) WARNING – signs of excessive dry rot.
B) Drive axle:
i) OUT-OF-SERVICE – missing; regrooved or recut on tire not labeled "regroovable"; restricting markings are present; insufficient tread depth at any measured point of a major tread groove (less than 2/32); broken or cut cord; any sign of carcass failure; tires are not same construction; placement of mud/snow tread tire and regular tread tire on same axle is not the same on each side of the axle; radial and bias ply tires are used incorrectly; bias tube installed on radial; valve stem is damaged; improper inflation; tire does not meet what federal certification label requires for vehicle; tire size (i.e., diameter and/or width) exceeds size of other tires on same axle.
ii) WARNING – signs of excessive dry rot.
hhh) Window Glazing:
1) Emergency Exit Windows:
A) OUT-OF-SERVICE − missing; shattered; any sharp edge that could inflict cuts to the skin.
B) WARNING − improper "AS" rating; incorrect glazing material; any crack to glazing; visibility obstructed.
2) Service Door Windows:
A) OUT-OF-SERVICE − missing; shattered; any sharp edge that could inflict cuts to the skin; visibility obstructed.
B) WARNING − improper "AS" rating; incorrect glazing material; any crack to glazing.
3) Side Windows:
A) OUT-OF-SERVICE − missing; shattered; any sharp edge that could inflict cuts to the skin; visibility obstructed in driver's side window.
B) WARNING − improper "AS" rating; incorrect glazing material; any crack to glazing; visibility obstructed other than to driver's side window.
4) Windshield:
A) OUT-OF-SERVICE − missing; shattered; not firmly sealed or attached; any crack more than 6 inches in length in the area swept by the windshield wiper blade; any "starchip" measuring more than 1 inch in diameter in the area swept by the windshield wiper blade; driver's visibility obstructed; any sharp edge that could inflict cuts to the skin.
B) WARNING − any crack more than 6 inches in length outside the area swept by the windshield wiper blade; any "starchip" more than 1 inch in diameter outside the area swept by the windshield wiper blade; discoloration more than 3 inches up from the bottom or more than 1 inch down from the top or in more than 1 inch from the left or right side (except tinting that is allowed by Section 12-503 of the Code.
iii) Windshield Washer:
WARNING – does not operate properly; no fluid; broken; missing components.
jjj) Windshield Wipers:
1) OUT-OF-SERVICE – wipers do not operate; broken blades or arms; driver activation knob is defective or missing.
2) WARNING – does not cover entire cleaning area; rubber blades are damaged; does not park properly; scratches windshield; wipers operate on only one speed.
kkk) Wiring (Interior, Exterior, Engine Compartment) and Insulation:
1) OUT-OF-SERVICE − for school buses manufactured on or after January 1, 2006, noise suppression switch is missing or does not turn off noise producing accessories, including, but not limited to, heater blowers, defroster fans, auxiliary fans and radios. (Two-way radio and emergency exit alarms are exempt from noise suppression switch.)
2) WARNING – insulation is broken, frayed, or missing; circuit breaker is missing (only applicable to electrical systems that utilize circuit breakers) or 2 extra fuses for each fuse used are not conveniently mounted for easy access (only applicable to electrical systems that utilize fuses); not securely attached; not on proper circuit.
**History**
- *Source: Amended at 38 Ill. Reg. 12941, effective June 4, 2014*
##### **92 Ill. Adm. Code 456.70** Violation Criteria for Religious Organization Buses and Buses Registered as Charitable Vehicles (renumbered) {#sec-456.70 omnilex-key=us-il-regs-official--title-92--456.70}
**History**
- *Source: Section 456.70 renumbered to Section 456.95 at 31 Ill. Reg. 6457, effective April 11, 2007*
##### **92 Ill. Adm. Code 456.75** Violation Criteria for Special Education School Buses {#sec-456.75 omnilex-key=us-il-regs-official--title-92--456.75}
Special education school buses are subject to the inspection requirements of Section 456.60 and the following:
a) Lifts and Ramps:
1) OUT-OF-SERVICE – does not operate properly; does not meet requirements (refer to 92 Ill. Adm. Code 445.Appendix A or Appendix B(b)); lift operates when door is closed.
2) WARNING − non-skid material for ramp or lifts missing or defective.
b) Seating (Monitor or Aide Use Only):
3-DAY − damaged, not securely mounted, folding chair is present; barrier is not present in front of aide's seat and no seat safety belt is provided; no letter of approval from the CVSS is provided.
AGENCY NOTE: All exceptions must be approved by the Division.
c) Special Light:
WARNING − missing; does not operate properly at special service door area; broken lens.
d) Special Service Door:
1) 3-DAY − defective door handle or latch; binding; will not close properly.
2) WARNING − does not operate or seal properly; does not meet requirements (refer to 92 Ill. Adm. Code 445.Appendix A or Appendix B(f)); audible or visible alarm does not work or is missing.
e) Wheelchair Occupant Restraints:
1) OUT-OF-SERVICE − missing; broken; for buses manufactured on or after January 17, 1994, each wheelchair location that transports a student in a wheelchair is not equipped with:
A) At least one anchorage for the upper end of the upper torso restraint;
B) At least 2 floor anchorages for wheelchair occupant pelvic and upper torso restraint; and
C) At least one wheelchair occupant pelvic and one upper torso restraints.
2) WARNING – damaged; not securely fastened.
f) Wheelchair Securement Anchorages:
OUT-OF-SERVICE − for buses manufactured prior to January 17, 1994, anchorages are not provided and attached to the floor, walls, or both, that will securely hold wheelchair in position in bus; for buses manufactured on or after January 17, 1994, each wheelchair location is not equipped with forward-facing anchorages (2 in the front and 2 in the rear of the chair); anchorages are broken or damaged.
**History**
- *Source: Amended at 38 Ill. Reg. 12941, effective June 4, 2014*
##### **92 Ill. Adm. Code 456.80** Violation Criteria for Alternate Fuel School Buses {#sec-456.80 omnilex-key=us-il-regs-official--title-92--456.80}
Alternate fuel school buses are subject to the inspection requirements of Section 456.60 and the following:
a) Pipe Hose and Fittings:
1) OUT-OF-SERVICE – incorrect pipe size; fuel supply line that passes through driver or passenger compartment; reduced piping system; incorrect piping material; piping system blocks or hampers window or door; piping system is not located at least 36 inches from air inlet or outlet; missing drain cock; missing rain cap; piping system is not one piece originating below the bus floor and exiting outside the bus roof; holes where pipe exits or enters are not sealed; piping system does not terminate above the eave line or does extend above the roof of the bus.
2) 3-DAY – any parts remain from alternate fuel system after conversion to gasoline or diesel; no longer used but not made inoperable.
3) WARNING – Shielding is not present on piping outside the body below the window line.
b) Container and Container Appurtenances:
OUT-OF-SERVICE – Incorrect location; valves, appurtenances and connections are not mounted in enclosed compartment.
c) Identification Decal:
WARNING – missing.
**History**
- *Source: Amended at 31 Ill. Reg. 6457, effective April 11, 2007*
##### **92 Ill. Adm. Code 456.90** Violation Criteria for Special Education School Buses (renumbered) {#sec-456.90 omnilex-key=us-il-regs-official--title-92--456.90}
**History**
- *Source: Section 456.90 renumbered to Section 456.75 at 31 Ill. Reg. 6457, effective April 11, 2007*
##### **92 Ill. Adm. Code 456.95** Violation Criteria for Religious Organization Buses and Buses Registered as Charitable Vehicles {#sec-456.95 omnilex-key=us-il-regs-official--title-92--456.95}
The following components will be inspected during a nonscheduled inspection. A violation of one component may only necessitate a warning while other components may require a 3-day notice or cause the vehicle to be declared out-of-service. Certain components have criteria listed in more than one penalty category, depending on the degree of the specific violation. If any criteria listed in this Section exists, the corresponding penalty will be issued.
a) Axles and Tag Axles:
1) OUT-OF-SERVICE − not firmly attached; cracked; broken; wheel seals leaking grease; tag axle not operating properly; air leak.
2) WARNING − pinion seal leaking.
b) Brakes:
1) OUT-OF-SERVICE – any problem found with the service brake system; any problem found with emergency brake system (other than indicator light).
2) WARNING – emergency brake indicator light does not function.
c) Bumpers (Front and Rear):
OUT-OF-SERVICE – missing; loose; broken; protruding components.
d) Certificate of Safety:
OUT-OF-SERVICE – missing; expired; voided; incorrect type of Certificate of Safety.
e) Doors (Interior and Exterior):
1) OUT-OF-SERVICE − fails to open or close properly; fails to latch; hinges broken; door handles missing.
2) WARNING − seals damaged or missing; damage that prevents proper sealing.
f) Emergency Exits:
1) OUT-OF-SERVICE – obstructed; does not comply with required number or size of exits (refer to 92 Ill. Adm. Code 448); latch or hinges broken; does not open or close properly; missing components; child passenger restraint system (i.e., car seat) is located on the bench seat next to a designated emergency exit window (does not include a factory-installed built-in child restraint system).
2) WARNING – binding; does not seal properly; damage that prevents proper sealing.
g) Exhaust System:
OUT-OF-SERVICE – any leaks in system into or under passenger compartment; broken; disconnected; not securely attached.
h) Fenders:
OUT-OF-SERVICE – protruding components; not securely attached; missing.
i) Fire Extinguisher:
1) OUT-OF-SERVICE – not fully charged; missing.
2) WARNING – seal is broken; not mounted in readily accessible location; not labeled if in compartment; improper rating; overcharged.
AGENCY NOTE: 10 BC is proper rating for fire extinguisher.
j) Floor, Floor Covering, Firewall, Occupant Compartment, and Engine Cover:
1) OUT-OF-SERVICE − holes in floorboard; sagging; broken; not firmly attached.
2) WARNING – torn covering; defective boots; engine cover does not latch or seal properly.
k) Frame and Body:
1) Frame:
OUT-OF-SERVICE – broken; cracked; rusted through; structurally unsafe; sagging; improper welds.
2) Body (Interior and Exterior):
A) OUT-OF-SERVICE − damage that is detrimental to the safe operation of the vehicle; body tie downs loose or missing; holes penetrating interior of the vehicle.
B) WARNING – holes not penetrating interior of the vehicle; any other component loose, missing or broken.
l) Fuel Storage and Delivery System:
OUT-OF-SERVICE – fuel tank is leaking or loose; fuel lines are loose, leaking, sagging, rubbing, chaffing, cracked or broken; fuel cap is missing.
m) Hood:
OUT-OF-SERVICE – missing; broken; does not open; defective latches or hinges.
n) Horn (Interior and Exterior):
OUT-OF-SERVICE – missing; defective; not audible.
o) Lettering (Interior and Exterior):
WARNING – signs or words "SCHOOL BUS" are present; emergency exits are not labeled (if required); operating instructions are not present on emergency exits (if required); "NO STANDEES" not present (if required) (refer to 92 Ill. Adm. Code 448).
p) Lights/Lamps (Interior and Exterior):
1) Backup:
A) 3-DAY – both lights do not function.
B) WARNING – one light does not function; improper color; broken lens or other component.
2) Flashing 8-light System:
WARNING − if present, not made inoperable.
3) Headlights:
A) OUT-OF-SERVICE – missing; do not function; not securely mounted.
B) WARNING – cracked lens on replaceable light source; improper color; defective dimmer switch.
4) License Plate:
WARNING – missing; does not function; improper color; broken lens or other component.
5) Parking:
WARNING – missing; do not function; improper color; broken lens or other component.
6) Sidemarker:
WARNING – missing; do not function; improper color; broken lens or other component.
7) Stop/Brake:
A) OUT-OF-SERVICE – missing; do not function properly; broken lens; improper color.
B) WARNING – improper color; cracked lens.
8) Strobe:
WARNING − strobe lamp is present (only allowed on school buses).
9) Tail:
A) OUT-OF-SERVICE – missing; do not function properly; broken lens; improper color.
B) WARNING – cracked lens.
10) Turn Signal (Interior and Exterior):
A) OUT-OF-SERVICE – missing; do not function properly; driver activation lever defective or missing; broken lens; improper color.
B) WARNING – cracked lens.
11) Unison Flashing Amber "4-light" Warning System (allowed on Religious Organization Buses only):
WARNING – improper color; system flashes alternately; indicator light does not function in driver's compartment; not made inoperative if vehicle is not a Religious Organization Bus; school bus "8-light" system is present.
q) Mirrors (Interior and Exterior):
1) OUT-OF-SERVICE – missing (if required); shattered.
2) WARNING – cracked; pitted; clouded; loose or broken mounting; incorrect size; incorrect location; obstructed.
r) Paint Requirements:
WARNING – vehicle is painted national school bus glossy yellow.
s) Pedals (Accelerator, Service Brake, Clutch, Emergency/Parking Brake):
1) OUT-OF-SERVICE – missing; damaged; pedal extensions are not from a manufacturer.
2) 3-DAY − rubber cover or non-skid material is missing.
t) Reflectors and Reflective Tape:
WARNING – missing; damaged; wrong color; not properly located (refer to 92 Ill. Adm. Code 448).
u) Seat, Driver's:
1) OUT-OF-SERVICE – broken; loose; missing.
2) WARNING – damaged seat covering; not adjustable.
v) Seats, Passenger:
1) OUT-OF-SERVICE – seat or frame loose or broken.
2) WARNING – damaged seat covering; loose seat cushion.
w) Seat Belt (Driver's):
1) OUT-OF-SERVICE – missing; broken; improper mounting; buckle does not operate properly.
2) WARNING – driver's retractor does not operate properly; driver's seat belt is on the floor.
x) Seat Belts (Passenger):
OUT-OF-SERVICE – missing (if required, see AGENCY NOTE); broken; improper mounting; buckle does not operate properly.
AGENCY NOTE: Each bus shall be equiped with a retractable lap belt assembly for the driver's seat. A shoulder harness is optional. FMVSS require passenger safety belts on any bus that has a GVWR of 10,000 lbs. or less. Passenger safety belts are optional on any bus that has a GVWR of more than 10,000 lbs. (See 49 CFR 571.210 (October 1, 2013).)
y) School Bus Identification:
WARNING − any of the following are present: "SCHOOL BUS" lettering; "school bus yellow" paint; flashing 8-light system; stop signal arm panel; strobe light.
z) Steering System:
1) Exterior:
OUT-OF-SERVICE – linkage components are bent; binding; jamming; welded repairs; loose; insecurely mounted; missing. Steering components are loose or leaking; belts are frayed or cracked; loose, missing or inoperative power or power assist unit; reservoir is low or empty.
2) Interior:
OUT-OF-SERVICE – column support bracket is loose or missing; excessive up and down movement in steering shaft; excessive damage to steering wheel; spokes are missing; lash exceeds acceptable limits.
aa) Steps, Entrance:
1) OUT-OF-SERVICE − broken; rusted through.
2) WARNING − sagging; obstructed (i.e., any item that is blocking or partially blocking the steps).
bb) Stop Signal Arm Panel:
WARNING – present (allowed on school buses only).
cc) Suspension:
1) Shocks:
A) OUT-OF-SERVICE – broken; missing; broken or loose mounts.
B) WARNING – leakage.
2) Springs and Spring Components:
OUT-OF-SERVICE – any missing, broken, cracked, damaged, or loose spring or spring component.
3) Air
OUT-OF-SERVICE − damaged; leaking air; not properly attached; not sitting level; rubbing on any part of the frame or body.
dd) Warning Devices:
1) OUT-OF-SERVICE – missing.
2) WARNING – incomplete set; reflectors are cracked or broken; flags are ripped or torn; emergency triangles are not operational; not securely stored; not readily accessible.
ee) Wheels:
1) Wheel Housing:
OUT-OF-SERVICE − tire rubs against any portion of body, chassis, bumper; not firmly attached; holes are present.
2) Rim:
OUT-OF-SERVICE – cracked; broken; elongated holes; defective welds; missing or broken lugs or lug nuts; lock ring damaged; bent.
3) Tires:
A) Steering axle:
i) OUT-OF-SERVICE – regrooved, recapped, retreaded; restricting markings are present; insufficient tread depth at any measured point of a major tread groove (less than 4/32); broken or cut cord; any sign of carcass failure; tires are not same construction; regular and mud/snow tread are mixed; radial and bias ply tires are used incorrectly; bias tube installed on radial; valve stem is damaged.
ii) WARNING – flat tire.
B) Drive axle:
i) OUT-OF-SERVICE – missing; insufficient tread depth at any measured point of a major tread groove (less than 2/32); broken or cut cord.
ii) 3-DAY – radial and bias ply tires are used incorrectly; regular and mud/snow tread are improperly mixed on same axle; tire exceeds diameter of its mate; regrooved or recut on tire not labeled "regroovable"; bias tube installed on radial; damaged valve stem; flat tire on dual wheel axle.
iii) WARNING – flat tire on single wheel axle.
ff) Window Glazing:
1) Emergency Exits:
A) OUT-OF-SERVICE − missing; shattered; any sharp edge that could inflict cuts to the skin.
B) WARNING − improper "AS" rating; incorrect glazing material; any crack to glazing; visibility obstructed.
2) Service Door Windows:
A) OUT-OF-SERVICE − missing; shattered; any sharp edge that could inflict cuts to the skin; visibility obstructed.
B) WARNING − improper "AS" rating; incorrect glazing material; any crack to glazing.
3) Side Windows:
A) OUT-OF-SERVICE − missing; shattered; any sharp edge that could inflict cuts to the skin; visibility obstructed in driver's side window.
B) WARNING − improper "AS" rating; incorrect glazing material; any crack to glazing; visibility obstructed other than to driver's side window.
4) Windshield:
A) OUT-OF-SERVICE − missing; shattered; not firmly sealed or attached; any crack more than 6 inches in length in the area swept by the windshield wiper blade; any "starchip" measuring more than 1 inch in diameter in the area swept by the windshield wiper blade; driver's visibility obstructed; any sharp edge that could inflict cuts to the skin.
B) WARNING − any crack more than 6 inches in length outside the area swept by the windshield wiper blade; any "starchip" more than 1 inch in diameter outside the area swept by the windshield wiper blade; discoloration more than 3 inches up from the bottom or more than 1 inch down from the top or in more than 1 inch from the left or right side (except tinting that is allowed by 625 ILCS 5/12-503).
gg) Windshield Washer:
WARNING – does not operate properly; no fluid; broken; missing components.
hh) Windshield Wipers:
1) OUT-OF-SERVICE – wipers do not operate properly; broken blades or arms; driver activation knob is missing.
2) WARNING – does not cover entire cleaning area; rubber blades are damaged; does not park properly.
ii) Wiring (Interior, Exterior, and Engine Compartment) and Insulation:
WARNING – broken; not on proper circuit; frayed; not securely attached; missing.
**History**
- *Source: Amended at 38 Ill. Reg. 12941, effective June 4, 2014*
##### **92 Ill. Adm. Code 456.100** Violation Criteria for Multifunction School Activity Buses Manufactured Prior to July 1, 2012 and Owned by a Public School District, Private School, or School Transportation Contractor {#sec-456.100 omnilex-key=us-il-regs-official--title-92--456.100}
The following components will be inspected during a nonscheduled inspection. A violation of one component may only necessitate a warning while other components may require a 3-day notice or cause the vehicle to be declared out-of-service. Certain components have criteria listed in more than one penalty category, depending on the degree of the specific violation. If any criteria listed in this Section exists, the corresponding penalty will be issued.
a) Axles and Tag Axles:
1) Out-of-Service – not firmly attached; cracked; broken; wheel seals leaking grease; tag axle not operating properly; air leak.
2) WARNING – pinion seal leaking.
b) Brakes:
1) OUT-OF-SERVICE − any problem found with the service brake system; any problem found with emergency/parking brake system (other than indicator light).
2) WARNING − emergency brake indicator light does not function.
c) Bumper, Front:
1) OUT-OF-SERVICE – missing; bumper damage that interferes with tire condition or movement; loose; broken; protruding parts.
2) WARNING – not metal construction or energy absorbing type.
d) Bumper, Rear:
1) OUT-OF-SERVICE – missing; loose; broken; protruding parts.
2) WARNING – hitchable; if vehicle's GVWR is over 10,000 lbs., bumper is not made of channel-type steel approximately 3/16 (.18) inch thick; if vehicle's GVWR is 10,000 lbs. or less, bumper is not metal construction or energy absorbing type.
e) Certificate of Safety:
OUT-OF-SERVICE − missing; expired; voided; incorrect type of Certificate of Safety.
f) Doors (Interior and Exterior):
1) Out-of-Service − fails to open or close properly; fails to latch; hinges broken; door handles missing.
2) Warning – seals damaged or missing; damage that prevents proper sealing.
g) Emergency Exits:
1) OUT-OF-SERVICE − obstructed; does not comply with required number or size of exits (refer to 92 Ill. Adm. Code 448); latch or hinges broken; does not open or close properly; missing components; child passenger restraint system (i.e., car seat) is located on the bench seat next to a designated emergency exit window (does not include a factory-installed built-in child restraint system).
2) WARNING − binding; does not seal properly; damage that prevents proper sealing.
h) Exhaust System:
1) OUT-OF-SERVICE − any leaks in the exhaust system; broken; disconnected; discharge is located beneath fuel filler location or beneath emergency exit door.
2) WARNING – not securely attached or supported.
i) Fenders:
OUT-OF-SERVICE − protruding components; not securely attached; missing; excessive collision damage that is detrimental to the safe operation of the vehicle.
j) Fire Extinguisher:
1) OUT-OF-SERVICE − not fully charged; missing.
2) WARNING − seal is broken; not mounted in readily accessible location; not labeled if in compartment; improper rating; overcharged.
AGENCY NOTE: 10 BC is proper rating for fire extinguisher.
k) Floor, Floor Covering, Firewall, Occupant Compartment, and Engine Cover:
1) OUT-OF-SERVICE – holes are present; sagging so that the integrity of the frame is jeopardized; broken; not firmly attached.
2) WARNING − sagging except when the integrity of the frame is jeopardized; torn, loose or missing covering; missing or damaged floor stripping; defective boots; engine cover does not latch or seal properly; loose carpeting or floor mat in driver's area.
l) Frame and Body:
1) Frame:
OUT-OF-SERVICE − broken; cracked; rusted through; structurally unsafe; sagging; improper welds.
2) Body (Interior and Exterior):
A) Out-of-Service – collision damage that is detrimental to the safe operation of the vehicle; not properly attached to the frame; body tie downs loose or missing; holes penetrating interior of the vehicle.
B) WARNING – holes not penetrating interior of the vehicle; any other component loose, missing or broken.
m) Fuel Storage and Delivery System:
OUT-OF-SERVICE − fuel tank is leaking or loose; fuel lines are loose, leaking, sagging, rubbing, chaffing, cracked or broken; fuel cap is missing.
n) Hood:
OUT-OF-SERVICE – missing; broken; does not open; defective latches or hinges.
o) Horn (Interior):
OUT-OF-SERVICE – missing horn or horn component; defective; not audible.
p) Lettering (Interior and Exterior):
WARNING − signs or words "SCHOOL BUS" are present; emergency exits are not labeled (if required); operating instructions are not present on emergency exits (if required); vehicle empty weight and maximum passenger capacity to the left of the service door is missing; name of the owner or the entity for which the MFSAB is operated on both sides, centered as high as practicable below the window line, is missing; identification number on both the front and rear is missing; the decal, "TO COMMENT ON MY DRIVING CALL" or "TO REPORT ERRATIC DRIVING CALL" followed by the area code and phone number of the owner located either on the rear window glazing below the rear seat back, on the body below the rear window line, or on the rear bumper is missing.
q) Lights/Lamps (Interior and Exterior):
1) Flashing 8-light Signal System:
WARNING – mfsab is equipped with functioning flashing 8-light signal system.
2) Headlights:
A) OUT-OF-SERVICE – missing; do not function; not securely mounted.
B) WARNING – cracked lens on replaceable light source; improper color; defective dimmer switch.
3) License Plate:
WARNING – missing; does not function; improper color; broken lens or other component.
4) Parking:
WARNING – missing; do not function; improper color; broken lens or other component.
5) Sidemarker:
WARNING – missing; do not function; improper color; broken lens or other component.
6) Stop/Brake:
A) OUT-OF-SERVICE – missing; do not function properly; broken lens; improper color.
B) WARNING − improper color; cracked lens.
7) Tail:
A) OUT-OF-SERVICE – missing; do not function properly; broken lens; improper color.
B) WARNING − cracked lens.
8) Turn Signal (Front and Rear):
A) OUT-OF-SERVICE – missing; do not function; broken lens; driver activation lever is defective or missing.
B) WARNING – improper color; cracked lens.
9) Turn Signal (Left and Right Armored) (if vehicle's GVWR is over 10,000 lbs.):
WARNING – side armored turn signal or signals are missing; do not function; cracked lens; "armor" is missing.
r) Mirrors (Exterior and Interior):
1) OUT-OF-SERVICE – missing; not functioning as required; broken mirror or mount; mirror is cracked, pitted or clouded to obstruct driver's view; size or type not approved.
2) WARNING – cracked, clouded or pitted but not obstructing driver's view; stickers or unauthorized materials are present; loose or broken mounting.
s) Paint Requirements:
WARNING – MFSAB is painted national school bus glossy yellow.
t) Pedals (Accelerator, Service Brake, Clutch, Emergency/Parking Brake):
1) OUT-OF-SERVICE – missing; damaged; pedal extensions are not from a manufacturer.
2) 3-DAY − rubber cover or non-skid material is missing.
u) Reflectors and Reflective Tape:
WARNING – missing; damaged; wrong color; not properly located (refer to 92 Ill. Adm. Code 448).
v) School Bus Identification:
Warning – any of the following are present: "SCHOOL BUS" lettering; "school bus yellow" paint; flashing 8-light system; stop signal arm panel.
w) Seat Belt (Driver's):
1) OUT-OF-SERVICE –missing; broken; improper mounting; buckle does not operate properly.
2) WARNING – driver's retractor does not operate properly; driver's seat belt is on the floor.
x) Seat Belts (Passenger):
OUT-OF-SERVICE – missing (if required, see AGENCY NOTE); broken; improper mounting; buckle does not operate properly.
AGENCY NOTE: Each MFSAB shall be equipped with a retractable lap belt assembly for the driver's seat. A shoulder harness is optional. FMVSS require passenger safety belts on any MFSAB that has a GVWR of 10,000 lbs. or less (i.e., a type II MFSAB). Passenger safety belts are optional on any MFSAB that has a GVWR of more than 10,000 lbs. (i.e., a type I MFSAB). However, optional safety belts installed on any type I MFSAB manufactured on or after October 21, 2011 are required to meet the same FMVSS that are required for type II MFSABs. (See 49 CFR 571.210 (October 1, 2013).)
y) Seat, Driver's:
1) OUT-OF-SERVICE – broken; loose; missing.
2) WARNING – damaged covering; not adjustable.
z) Seats, Passenger:
1) OUT-OF-SERVICE − loose; broken frame or components.
2) WARNING − incorrect height or center-to-center seat spacing; damaged covering; loose seat cushion; metal seat frame not protected by padding.
aa) Steering System:
1) Exterior:
A) Linkage Components:
OUT-OF-SERVICE – broken; bent; welded repairs; loose; insecurely mounted; missing.
B) Steering Components:
OUT-OF-SERVICE – broken; loose; leaking; binding; belts and hoses frayed or cracked; power or power-assist unit inoperative or missing; reservoir low or empty; incorrect fluid.
2) Interior:
OUT-OF-SERVICE − column support bracket is broken, loose or missing; excessive up and down movement in steering shaft; excessive damage to steering wheel; spokes are missing; lash exceeds acceptable limits.
bb) Steps, Entrance:
1) Out-of-Service – broken; rusted through.
2) Warning – sagging; damaged ribbing; obstructed (i.e., any item that is blocking or partially blocking the steps).
cc) Stop Signal Arm Panel (not applicable):
WARNING – MFSAB is equipped with a stop signal arm panel.
dd) Suspension:
1) Shocks:
A) OUT-OF-SERVICE − broken; missing; broken mounts.
B) WARNING – leakage; loose mounting.
2) Springs and Spring Components:
OUT-OF-SERVICE – any missing, broken, cracked, damaged or loose spring or spring component.
3) Air
Out-of-Service – damaged; leaking air; not properly attached; not sitting level; rubbing on any part of the frame or body.
ee) Warning Devices:
1) OUT-OF-SERVICE − missing.
2) WARNING – incomplete set; reflectors are cracked or broken; flags are ripped or torn; emergency triangles are not operational; not securely stored; not readily accessible.
ff) Wheels:
1) Wheel Housing:
OUT-OF-SERVICE − tire rubs against any portion of chassis, body or bumper; housing does not allow for unimpeded wheel and tire service or removal; housing does not provide clearance for installation and use of tire chains; not firmly secured; holes are present.
2) Rim:
OUT-OF-SERVICE − cracked; broken; elongated holes; missing or broken lug nuts; lock ring damaged; bent; improper welds.
3) Tires:
A) Steering axle:
i) OUT-OF-SERVICE – regrooved, recapped, retreaded; restricting markings are present; insufficient tread depth at any measured point of a major tread groove (less than 4/32); broken or cut cord; any sign of carcass failure; tires are not same construction; regular and mud/snow tread are mixed; radial and bias ply tires are used incorrectly; bias tube installed on radial; valve stem is damaged; improper inflation; tire does not meet what federal certification label requires for vehicle; tire size (i.e., diameter and/or width) exceeds size of other tires on same axle.
ii) WARNING – signs of excessive dry rot.
B) Drive axle:
i) OUT-OF-SERVICE – missing; regrooved or recut on tire not labeled "regroovable"; restricting markings are present; insufficient tread depth at any measured point of a major tread groove (less than 2/32); broken or cut cord; any sign of carcass failure; tires are not same construction; placement of mud/snow tread tire and regular tread tire on same axle is not the same on each side of the axle; radial and bias ply tires are used incorrectly; bias tube installed on radial; valve stem is damaged; improper inflation; tire does not meet what federal certification label requires for vehicle; tire size (i.e., diameter and/or width) exceeds size of other tires on same axle.
ii) WARNING – signs of excessive dry rot.
gg) Window Glazing:
1) Emergency Exits:
A) OUT-OF-SERVICE – missing; shattered; any sharp edge that could inflict cuts to the skin.
B) WARNING – improper "AS" rating; incorrect glazing material; any crack to glazing; visibility obstructed.
2) Service Door Windows:
A) OUT-OF-SERVICE – missing; shattered; any sharp edge that could inflict cuts to the skin; visibility obstructed.
B) WARNING – improper "AS" rating; incorrect glazing material; any crack to glazing.
3) Side Windows:
A) OUT-OF-SERVICE – missing; shattered; any sharp edge that could inflict cuts to the skin; visibility obstructed in driver's side window.
B) WARNING – improper "AS" rating; incorrect glazing material; any crack to glazing; visibility obstructed other than to driver's side window.
4) Windshield:
A) OUT-OF-SERVICE – missing; shattered; not firmly sealed or attached; any crack more than 6 inches in length in the area swept by the windshield wiper blade; any "starchip" measuring more than 1 inch in diameter in the area swept by the windshield wiper blade; driver's visibility obstructed; any sharp edge that could inflict cuts to the skin.
B) WARNING – any crack more than 6 inches in length outside the area swept by the windshield wiper blade; any "starchip" more than 1 inch in diameter outside the area swept by the windshield wiper blade; discoloration more than 3 inches up from the bottom or more than 1 inch down from the top or in more than 1 inch from the left or right side (except tinting that is allowed by Section 12-503 of the Code).
hh) Windshield Washer:
WARNING − does not operate properly; no fluid; broken; missing components.
ii) Windshield Wipers:
1) OUT-OF-SERVICE − wipers do not operate properly; broken blades or arms; driver activation knob is defective or missing.
2) WARNING − does not cover entire cleaning area; rubber blades are damaged; does not park properly; scratches windshield; wipers operate on only one speed.
jj) Wiring (Interior, Exterior, and Engine Compartment) and Insulation:
WARNING – broken; not on proper circuit; frayed; not securely attached; missing.
**History**
- *Source: Added at 38 Ill. Reg. 12941, effective June 4, 2014*
##### **92 Ill. Adm. Code 456.105** Violation Criteria for Multifunction School Activity Buses Manufactured on or After July 1, 2012 and Owned by Public School Districts, Private Schools, or School Transportation Contractors {#sec-456.105 omnilex-key=us-il-regs-official--title-92--456.105}
The following components will be inspected during a nonscheduled inspection. A violation of one component may only necessitate a warning while other components may require a 3-day notice or cause the vehicle to be declared out-of-service. Certain components have criteria listed in more than one penalty category, depending on the degree of the specific violation. If any criteria listed in this Section exists, the corresponding penalty will be issued.
a) Air Cleaner:
WARNING − not properly attached or is missing.
b) Aisle:
1) OUT-OF-SERVICE – obstructed.
2) WARNING − at least 12 inches (305 mm) of clearance (at seat cushion level) from service door to emergency door (or back of bus) is not present.
c) Alternator (Generator):
3-DAY – belts are torn, broken or slipping; does not meet capacity rating or electrical requirements; not functioning.
d) Axles:
1) OUT OF SERVICE − not firmly attached; cracked; broken; wheel seals leaking grease or fluids.
2) WARNING – pinion seal is leaking.
e) Barrier, Guard:
1) OUT OF SERVICE – missing; not solidly attached.
2) WARNING − padding or covering is missing or shows wear and tear; barrier is not the same height as the seat back directly behind the barrier.
f) Battery or Batteries:
1) OUT-OF-SERVICE – battery housing is cracked or hole is present (except vent hole or holes made by manufacturer).
2) WARNING − excessive corrosion; not secured; insufficient capacity (per manufacturer's specifications); missing cap.
g) Battery Cables:
1) OUT-OF-SERVICE – cables are rubbing through the insulation; wrong type cable is being used (e.g., top post cable is being used with side post battery); connectors or wires are bare.
2) WARNING – broken; corroded; not securely attached.
h) Battery Carrier/Compartment:
WARNING − when battery is mounted outside of engine compartment, it is not properly attached in weather-tight vented compartment; compartment door does not latch.
i) Brakes:
1) OUT-OF-SERVICE – any problem found with service brake system (includes the anti-lock braking (ABS) indicator lamp); any defect in emergency/parking brake system (other than indicator light).
2) WARNING – emergency/parking brake indicator light not functioning.
j) Bumper, Front:
1) OUT-OF-SERVICE – missing; bumper damage that interferes with tire condition or movement; loose; broken; protruding parts.
2) WARNING – if vehicle's GVWR is over 10,000 lbs., bumper is not made of rolled steel approximately 3/16 (.18) inch thick or not energy absorbing type; if vehicle's GVWR is 10,000 lbs. or less, bumper is not metal construction or not energy absorbing type; for type I-A MFSAB, the bumper may meet manufacturer's specifications when the MFSAB is equipped with a driver side air bag.
k) Bumper, Rear:
1) OUT-OF-SERVICE – missing; loose; broken; protruding parts.
2) WARNING – hitchable; if vehicle's GVWR is over 10,000 lbs., bumper is not made of channel-type steel approximately 3/16 (.18) inch thick; if vehicle's GVWR is 10,000 lbs. or less, bumper is not metal construction or not energy absorbing type.
l) Certificate of Safety:
OUT-OF-SERVICE − missing; expired; voided; incorrect type of Certificate of Safety.
m) Certification Label (Federal):
WARNING − missing; defaced; destroyed; illegible; not permanently affixed; required information is missing (refer to 92 Ill. Adm. Code 436.Appendix C(b)).
n) Child Check System:
WARNING − a mechanical or electronic child check system is installed but the interior lights are not illuminated when the ignition is either turned off or to the "accessories" position; mechanical or electronic system is not functioning and no company policy is evident that a manual child check system is used.
o) Cleanliness:
WARNING − excessive rubbish or trash; excessive dirt; spilled fluids; decorations.
p) Communication Device:
WARNING − two-way radio or cell phone does not operate; two-way radio or cell phone is not present and no documentation is provided indicating the communication device requirement is being met by the use of a cell phone.
q) Crossing Control Arm:
1) OUT-OF-SERVICE – missing; does not work or function properly; illegal on/off switch; does not meet minimum length of 5 feet from the front face of the bumper.
2) 3-DAY – red light or red reflector is present.
r) Dash:
1) OUT-OF-SERVICE – attached equipment.
2) WARNING − clutter on dash.
s) Defrosters:
1) OUT-OF-SERVICE − does not function properly between October 2 and April 14; blades are not protected.
2) WARNING − does not function properly between April 15 and
October 1; auxiliary fans are not securely mounted.
t) Drive Shaft Guard:
1) OUT-OF-SERVICE – missing on any segment of the drive shaft.
2) WARNING − not solid; not firmly attached.
u) Emergency Exits:
1) OUT-OF-SERVICE – illegal locks (refer to 92 Ill. Adm. Code 436.Appendix D(b)(4)); no engine cutoff; obstructed; latch broken; exit does not operate; both audible and visible alarms on emergency exit doors do not operate; no audible alarm on emergency window exits; audible alarm is not continuous; child passenger restraint system (i.e., car seat) is located on the bench seat next to a designated emergency exit window (does not include a factory-installed built-in child restraint system).
2) WARNING – binding; no guard; exterior handle is hitchable; door does not seal properly; either audible or visible alarms on emergency exit doors do not operate; stop bracket on door that allows the door to stay open is missing or does not function.
v) Engine Compartment:
1) 3-DAY − excessive oil in engine compartment.
2) WARNING – minor oil in engine compartment; does not start or run properly (except when the bus is in the process of being repaired).
w) Entrance (Service) Door/Driver's Door/Additional Doors:
1) OUT-OF-SERVICE – fails to close; view is obstructed; illegal locks; does not operate properly; manual override is missing or not functioning on power operated doors.
2) WARNING – rubber seals are missing or torn; holes are present; not sealing properly; minor binding
x) Exhaust System:
1) OUT-OF-SERVICE – any leaks in the exhaust system; broken; disconnected; discharge is located beneath fuel filler location or beneath emergency exit door; improper size reduction.
2) WARNING − shield is not present if required (refer to 92 Ill. Adm. Code 436.Appendix D(d)(2)); extends more than one inch past the body; not securely attached or supported.
y) Fenders:
OUT-OF-SERVICE – protruding components; not securely attached; missing; excessive collision damage that is detrimental to the safe operation of the vehicle.
z) Fire Extinguisher:
1) OUT-OF-SERVICE – not fully charged; missing.
2) WARNING − seal is broken; improper rating; overcharged; not mounted in readily accessible location; not labeled if in compartment.
aa) First Aid Kit:
1) OUT-OF-SERVICE – missing; empty.
2) WARNING − kit does not contain (at a minimum) 2 packages of 4" bandage compresses (one per package), 2 packages of 2" bandage compresses (4 per package), one package of 1" bandage or adhesive compresses (16 per package), 40" triangle bandage with 2 safety pins, one splint (wire or wood); medicine or tourniquet is present; not mounted in readily accessible location; defective container.
bb) Floor, Floor Covering, Firewall, Occupant Compartment and Engine Cover:
1) OUT-OF-SERVICE – holes are present; sagging so that the integrity of the frame is jeopardized; broken; not firmly attached.
2) WARNING – sagging except when the integrity of the frame is jeopardized; torn, loose or missing covering; missing or damaged floor stripping; defective boots; engine cover does not latch or seal properly; loose carpeting or floor mat in driver's area.
cc) Frame and Body:
1) Frame
OUT-OF-SERVICE – broken, cracked; improper welds; rusted through; structurally unsafe; sagging.
2) Body (Exterior and Interior)
A) OUT-OF-SERVICE – collision damage that is detrimental to the safe operation of the vehicle; not properly attached to the frame; body tie downs are loose or missing; holes penetrating the interior of the vehicle.
B) WARNING – holes present but are not penetrating the interior of the vehicle; any other component is loose, missing or broken.
dd) Fuel Storage and Delivery System:
1) OUT-OF-SERVICE − fuel tank is leaking or loose; no fuel tank guard; fuel lines are loose, sagging, rubbing, chaffing, leaking, cracked or broken; fuel cap is missing.
2) 3-DAY − alternate fuel system not removed after conversion to gasoline or diesel (alternate fuel is no longer used).
3) WARNING – no metal heat shield is present if any flammable material, insulated wire, brake hose/line, or fuel system component containing fuel is located within 12 inches (300 mm) (4 inches for diesel powered engines) of a component containing exhaust gas.
ee) Grab Handles (Interior):
1) OUT-OF-SERVICE – missing; hitchable; snagable.
2) WARNING – handles are loose.
ff) Heaters:
1) OUT-OF-SERVICE – heaters are not working between October 2 and April 14 (except stepwell heater).
2) WARNING − poor working condition; defective, damaged, unsecured hoses, supports or baffles; not firmly attached; rear heater is not protected by a seat or is not padded; defective or missing switches; not working between April 15 and October 1; stepwell heater is not working (if present).
gg) Hood:
OUT-OF-SERVICE – does not open; broken, missing or defective latches or hinges.
hh) Horn (Interior):
1) OUT-OF-SERVICE – missing horn or horn component; not audible for 200 feet; cannot be controlled from driver's seat.
2) WARNING – not readily accessible to driver; unsecured wiring; not labeled if location is other than steering column.
ii) Instruments and Instrument Panel:
1) OUT-OF-SERVICE – brake failure indicator gauges or devices do not operate properly or are missing; headlight switch defective; odometer not working; turn signal lever not functioning properly.
2) 3-DAY − 8-light flasher or high beam indicator lights do not operate properly or are missing; switches (other than headlight) are defective or missing; speedometer not functioning.
3) Warning – instruments or instrument panel obstructed by unauthorized material (e.g., books, radios, trash, food, etc.); emergency brake indicator light does not function.
jj) Lettering (Interior and Exterior):
WARNING – signs or words "SCHOOL BUS" are present; emergency exits are not labeled; operating instructions are not present on emergency exits; vehicle empty weight and maximum passenger capacity to the left of the service door are missing; name of the owner or the entity for which the MFSAB is operated on both sides, centered as high as practicable below the window line, is missing; identification number on both the front and rear is missing; the decal "TO COMMENT ON MY DRIVING CALL" or "TO REPORT ERRATIC DRIVING CALL" followed by the area code and phone number of the owner located either on the rear window glazing below the rear seat back, on the body below the rear window line, or on the rear bumper is missing; window stop lines are missing; required lettering does not contrast with its background.
kk) Lights/Lamps (Exterior and Interior) (Refer to 92 Ill. Adm. Code 436.Appendix G(d) for proper colors.):
1) Backup:
A) 3-DAY – both lights do not function.
B) WARNING – one light does not function; improper color; broken lens or other component.
2) Clearance:
WARNING − do not function; improper color; broken lens or other component.
3) Flashing 8-light System (not applicable):
WARNING − MFSAB is equipped with a flashing 8-light signal system.
4) Headlights:
A) OUT-OF-SERVICE − do not function; improper color; dimmer switch defective; not securely attached.
B) WARNING − cracked lens; water accumulated in headlight.
5) Identification (Cluster)
WARNING – do not function; improper color; broken lens or other component.
6) Interior:
WARNING − do not function; improper color; broken lens or other component; missing or broken switches.
7) License Plate:
WARNING − does not function; missing; improper color; broken lens or other component.
8) Parking:
WARNING – missing; do not function; improper color; broken lens or other component.
9) Sidemarker:
WARNING – missing; do not function; improper color; broken lens or other component.
10) Stepwell (Required when headlights are ON.):
WARNING − does not function; improper color; broken lens or other component.
11) Stop/Brake:
A) OUT-OF-SERVICE − does not function; does not release; improper color; broken lens.
B) WARNING – cracked lens.
12) Strobe:
A) OUT-OF-SERVICE – missing; not visible from any direction.
B) 3-Day – not operating properly.
C) WARNING − location is incorrect (see AGENCY NOTE).
AGENCY NOTE: The correct strobe location is determined by the strobe's filament height. The filament height (in inches) is multiplied by 30 and the lamp is located that distance (in inches) from the rear of the bus. If this formula cannot be met (e.g., length of the bus, air conditioner, or roof hatch prohibits), the strobe can be located as near as practicable above the rear axle, horizontally centered between the rear tires, and always to the rear of roof exits and/or air conditioners.
13) Tail:
A) OUT-OF-SERVICE – missing; do not function; improper color; broken lens.
B) 3-DAY – cracked lens.
14) Turn Signal (Front and Rear):
A) OUT-OF-SERVICE – missing; do not function; broken lens; driver activation lever is defective or missing.
B) WARNING – improper color; cracked lens.
15) Turn Signal (Left and Right Armored) (if vehicle's GVWR is over 10,000 lbs.):
WARNING – side armored turn signal or signals are missing; do not function; cracked lens; "armor" is missing.
ll) Mirrors (Exterior and Interior):
1) OUT-OF-SERVICE − missing; not functioning as required; broken mirror or mount; mirror is cracked, pitted or clouded to obstruct driver's view; size or type not approved.
2) WARNING – cracked, clouded or pitted but not obstructing driver's view; stickers or unauthorized materials are present; loose or broken mounting.
mm) Paint Requirements:
1) OUT-OF-SERVICE – MFSAB is painted national school bus glossy yellow.
2) WARNING – reflective tape outlining emergency exits is missing, defective, improperly located, poor condition.
nn) Pedals (Accelerator, Service Brake, Clutch, Emergency/Parking Brake):
1) OUT-OF-SERVICE – missing; damaged; pedal extensions are not from a manufacturer.
2) 3-DAY – rubber cover or non-skid material is missing.
oo) Projections:
1) Exterior:
A) OUT-OF-SERVICE – dangerous to pedestrians or other vehicles.
B) WARNING – hitchable.
2) Interior:
WARNING − not padded (if required); interferes with entering or exiting the bus or with head impact zone (e.g., cameras, air conditioners, brooms, etc.).
pp) Radio Speakers:
WARNING – located within restricted area and not disconnected (includes portable radio speakers). (Two-way radio speakers are exempt.)
qq) Reflectors/Reflective Tape (also see Paint Requirements):
WARNING – missing; damaged; not properly located.
rr) Rub Rails:
WARNING – missing; damaged; not securely attached.
ss) Seat Belt (Driver's):
1) OUT-OF-SERVICE – missing; broken; improper mounting; buckle does not operate properly.
2) WARNING – driver's retractor does not operate properly; driver's seat belt is on the floor.
tt) Seat Belts (Passenger):
OUT-OF-SERVICE – missing (if required, see AGENCY NOTE); broken; improper mounting; buckle does not operate properly.
AGENCY NOTE: Each MFSAB shall be equipped with a rectractable lap belt assembly for the driver's seat. A shoulder harness is optional. FMVSS require passenger safety belts on any MFSAB that has a GVWR of more than 10,000 lbs. (i.e., a type I MFSAB). Passenger safety belts are optional on any MFSAB that has a GVWR of more than 10,000 lbs. (i.e., a type I MFSAB). However, optional safety belts installed on any type I MFSAB manufactured on or after October 21, 2011 are required to meet the same FMVSS that are required for type II MFSABs. (See 49 CFR 571.210 (October 1, 2013).)
uu) Seat, Driver's:
1) OUT-OF-SERVICE − broken; loose; missing.
2) WARNING − damaged covering; not adjustable.
vv) Seats, Passenger:
1) OUT-OF-SERVICE − loose; broken frame or components.
2) WARNING − incorrect height or center-to-center seat spacing; damaged covering; loose seat cushion; metal seat frame not protected by padding.
ww) Steering System:
1) Exterior:
A) Linkage Components:
OUT-OF-SERVICE – broken; bent; welded repairs; loose; insecurely mounted; missing.
B) Steering Components:
OUT-OF-SERVICE – broken; loose; leaking; binding; belts and hoses frayed or cracked; power or power-assist unit inoperative or missing; reservoir low or empty; incorrect fluid.
2) Interior:
OUT-OF-SERVICE − column support bracket is broken, loose or missing; excessive up and down movement in steering shaft; excessive damage to steering wheel; spokes are missing; lash exceeds acceptable limits.
xx) Steps, Entrance:
1) OUT-OF-SERVICE – broken; rusted through.
2) WARNING – sagging; damaged ribbing; defective or missing white nosing; obstructed (i.e., any item that is blocking or partially blocking the steps).
yy) Stop Signal Arm Panel (not applicable):
WARNING − MFSAB is equipped with a stop signal arm panel.
zz) Storage Compartment (Interior):
1) 3-DAY − not readily accessible to driver; alarm does not function when compartment is locked and engine is running (only when fire extinguisher, warning devices, or first aid kit are located in storage compartment).
2) WARNING – lettering (i.e., FIRE EXTINGUISHER, FIRST AID KIT, and/or WARNING DEVICES) is missing (only when fire extinguisher, warning devices, or first aid kit are located in storage compartment). Red Cross formed of 5 equal squares is missing (if first aid kit is located in storage compartment).
aaa) Sun Visor
WARNING – broken; damaged; missing; not adjustable; measures less than 5 inches by 16 inches; not installed above windshield; interferes with view of interior rear view mirror.
bbb) Suspension:
1) Shocks:
A) OUT-OF-SERVICE − broken; missing; broken mounts.
B) WARNING − leakage; loose; loose mounting.
2) Springs and Spring Assembly Components:
OUT-OF-SERVICE − broken; cracked; damaged; loose; missing spring or spring assembly component.
3) Air:
OUT-OF-SERVICE – leaking; damaged; leaning excessively; rubbing on frame or body.
ccc) Tow Hooks (optional):
WARNING – extend beyond bumper; not securely attached.
ddd) Trash Container (optional):
WARNING – if present, not secure; obstructs aisle or exits; overflowing with trash; poses a tripping hazard. (Trash container, if present, is not required to be attached to the school bus.)
eee) Warning Devices:
1) OUT-OF-SERVICE – missing.
2) WARNING – incomplete set; reflectors are cracked or broken; flags are ripped or torn; emergency triangles are not operational; not securely stored; not readily accessible.
fff) Wheels:
1) Wheel Housing:
OUT-OF-SERVICE − tire rubs against any portion of chassis, body or bumper; housing does not allow for unimpeded wheel and tire service or removal; housing does not provide clearance for installation and use of tire chains; not firmly secured; holes are present.
2) Rim:
OUT-OF-SERVICE − cracked; broken; elongated holes; missing or broken lug nuts; lock ring damaged; bent; improper welds.
3) Tires:
A) Steering axle:
i) OUT-OF-SERVICE – regrooved, recapped, retreaded; restricting markings are present; insufficient tread depth at any measured point of a major tread groove (less than 4/32); broken or cut cord; any sign of carcass failure; tires are not same construction; regular and mud/snow tread are mixed; radial and bias ply tires are used incorrectly; bias tube installed on radial; valve stem is damaged; improper inflation; tire does not meet what federal certification label requires for vehicle; tire size (i.e., diameter and/or width) exceeds size of other tires on same axle.
ii) WARNING – signs of excessive dry rot.
B) Drive axle:
i) OUT-OF-SERVICE – missing; regrooved or recut on tire not labeled "regroovable"; restricting markings are present; insufficient tread depth at any measured point of a major tread groove (less than 2/32); broken or cut cord; any sign of carcass failure; tires are not same construction; placement of mud/snow tread tire and regular tread tire on same axle is not the same on each side of the axle; radial and bias ply tires are used incorrectly; bias tube installed on radial; valve stem is damaged; improper inflation; tire does not meet what federal certification label requires for vehicle; tire size (i.e., diameter and/or width) exceeds size of other tires on same axle.
ii) WARNING – signs of excessive dry rot.
ggg) Window Glazing:
1) Emergency Exit Windows:
A) OUT-OF-SERVICE – missing; shattered; any sharp edge that could inflict cuts to the skin.
B) WARNING – improper "AS" rating; incorrect glazing material; any crack to glazing; visibility obstructed.
2) Service Door Windows:
A) OUT-OF-SERVICE – missing; shattered; any sharp edge that could inflict cuts to the skin; visibility obstructed.
B) WARNING – improper "AS" rating; incorrect glazing material; any crack to glazing.
3) Side Windows:
A) OUT-OF-SERVICE – missing; shattered; any sharp edge that could inflict cuts to the skin; visibility obstructed in driver's side window.
B) WARNING – improper "AS" rating; incorrect glazing material; any crack to glazing; visibility obstructed other than to driver's side window.
4) Windshield:
A) OUT-OF-SERVICE – missing; shattered; not firmly sealed or attached; any crack more than 6 inches in length in the area swept by the windshield wiper blade; any "starchip" measuring more than 1 inch in diameter in the area swept by the windshield wiper blade; driver's visibility obstructed; any sharp edge that could inflict cuts to the skin.
B) WARNING – any crack more than 6 inches in length outside the area swept by the windshield wiper blade; any "starchip" more than 1 inch in diameter outside the area swept by the windshield wiper blade; discoloration more than 3 inches up from the bottom or more than 1 inch down from the top or in more than 1 inch from the left or right side (except tinting that is allowed by Section 12-503 of the Code).
hhh) Windshield Washer:
WARNING − does not operate properly; no fluid; broken; missing components.
iii) Windshield Wipers:
1) OUT-OF-SERVICE − wipers do not operate; broken blades or arms; driver activation knob is defective or missing.
2) WARNING − does not cover entire cleaning area; rubber blades are damaged; does not park properly; scratches windshield; wipers operate on only one speed.
jjj) Wiring (Interior, Exterior and Engine Compartment) and Insulation:
1) OUT-OF-SERVICE – noise suppression switch is missing or does not turn off noise producing accessories, including, but not limited to, heater blowers, defroster fans, auxiliary fans and radios. (Two-way radio and emergency exit alarms are exempt from noise suppression switch.)
2) WARNING − insulation is broken, frayed or missing; circuit breaker is missing (only applicable to electrical systems that utilize circuit breakers) or 2 extra fuses for each fuse used are not conveniently mounted for easy access (only applicable to electrical systems that utilize fuses); not securely attached; not on proper circuit.
**History**
- *Source: Added at 38 Ill. Reg. 12941, effective June 4, 2014*
##### **92 Ill. Adm. Code 456.110** Violation Criteria for Covid-19 Related Equipment {#sec-456.110 omnilex-key=us-il-regs-official--title-92--456.110}
Personal protective equipment and COVID-19 related signage may be installed on any vehicle inspected under this Part. If installed, the equipment and signage shall be inspected according to this Section.
a) Hand Sanitizer Dispenser:
OUT-OF-SERVICE – Installed in a way to cause a catch point to passengers as they enter or exit.
WARNING – Installed in a way other than securely in the driver/entry area, either behind the handrail or just to the right of the driver on the vertical portion of the dash. Dispenser is installed in a location where it drips or leaks onto the entryway or passenger walkway. Dispenser is missing "hand sanitizer" or "sanitizer" label.
b) Driver Protective Barrier:
OUT-OF-SERVICE – Barrier is secured, padded, or constructed of material not in compliance with FMVSS standards. Passenger seat directly behind the driver is operative with a barrier installed. Exposed lower seat cushion frame directly behind the driver not padded in compliance with FMVSS standards with a barrier installed.
WARNING − None
c) COVID-19 Related Lettering/Signage:
WARNING – Lettering/signage installed in a location other than on the forward-facing seat backs or seat cushion, ceiling, or bulkhead. Other required lettering is obstructed.
**History**
- *Source: Added at 45 Ill. Reg. 4942, effective April 5, 2021*
#### **Part 458** School Bus Driver's Pretrip Inspection Requirements
##### **92 Ill. Adm. Code 458.1000** Purpose {#sec-458.1000 omnilex-key=us-il-regs-official--title-92--458.1000}
a) This Part prescribes the pretrip inspection requirements a school bus driver must follow each day a school bus is operated.
b) The procedures prescribed in this Part are minimum requirements. School bus owners or operators may dictate more stringent requirements for the pretrip inspections of school buses.
**History**
- *Source: Amended at 36 Ill. Reg. 14428, effective September 6, 2012*
##### **92 Ill. Adm. Code 458.1010** Applicability {#sec-458.1010 omnilex-key=us-il-regs-official--title-92--458.1010}
This Part applies to the following persons:
a) School bus drivers;
b) School bus owners and operators;
c) Mechanics performing repairs and adjustments on school buses; and
d) Department personnel.
##### **92 Ill. Adm. Code 458.1020** Definitions {#sec-458.1020 omnilex-key=us-il-regs-official--title-92--458.1020}
"Code" – The Illinois Vehicle Code [625 ILCS 5].
"Department" – The Department of Transportation of the State of Illinois, acting directly or through its authorized officers and agents. (Section 1-115.05 of the Code)
"Exempt Time" – The time when a school bus is not being used to transport school children (e.g., weekends, holidays, school not in session).
"Officer" – An employee of the Illinois Department of Transportation designated as a vehicle inspector or Department management.
"School Bus" – Every motor vehicle, except as provided below, owned or operated by or for any of the following entities for the transportation of persons regularly enrolled as students in grade 12 or below in connection with any activity of such entity:
Any public or private primary or secondary school;
Any primary or secondary school operated by a religious institution; or
Any public, private or religious nursery school.
This definition shall not include the following:
A bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interurban transportation of passengers when such bus is not traveling a specific school bus route but is:
On a regularly scheduled route for the transportation of other fare paying passengers;
Furnishing charter service for the transportation of groups on field trips or other special trips or in connection with other special events; or
Being used for shuttle service between attendance centers or other educational facilities.
A motor vehicle of the first division.
A multifunction school-activity bus. (Section 1-182 of the Code.)
"School Bus Driver" – Any person who is licensed to operate a school bus pursuant to Section 6-106.1 of the Code.
"School Bus Pretrip Inspection" – The inspection performed by a school bus driver on his/her school bus prior to the bus being operated each day to transport students. Some equipment may be inspected by persons other than the driver. The inspection consists of checking mechanical and safety equipment on the bus.
"School Bus Driver Pretrip Inspection Form" or "the Form" – The form prescribed by the Department to be used by school bus drivers to perform the required pretrip inspection. The form contains all of the vehicle's equipment that must be inspected by the driver or persons other than the driver (e.g., school bus mechanic). (See Illustration A)
"School Bus Mechanic" – Any person authorized by the school bus owner/operator to make necessary repairs and adjustments on a school bus. A school bus mechanic may also be responsible for inspecting mechanical equipment during the pretrip inspection.
**History**
- *Source: Amended at 40 Ill. Reg. 2076, effective January 8, 2016*
##### **92 Ill. Adm. Code 458.1030** Driver Requirements {#sec-458.1030 omnilex-key=us-il-regs-official--title-92--458.1030}
a) Each day that a school bus is operated the driver shall conduct a pretrip inspection of the mechanical and safety equipment on the bus as prescribed by this Part. A person other than the driver may perform portions of the pretrip inspection as prescribed by this Part. (Section 13-115 of the Illinois Vehicle Inspection Law)
b) The pretrip inspection shall consist of inspecting mechanical and safety equipment on the school bus. The Form lists all equipment required to be inspected during the pretrip inspection. (See Illustration A − School Bus Driver Pretrip Inspection Form.)
c) The Form shall be completed in duplicate. Forms are typically organized in a booklet format with 30 duplicate Forms in each booklet. Each bus shall have one booklet assigned to it. The booklet must remain on the bus until each duplicate copy has been on the bus for at least 30 days (see subsection (o)). School bus owners or operators can either create the booklets in-house or purchase them from an outside vendor. Vendor options are available by contacting the Vehicle Inspection Unit Manager, Illinois Department of Transportation, Division of Traffic Safety, 1340 North 9th Street, P.O. Box 19212, Springfield IL 62794-9212 or by calling 217/785-3031.
d) The pretrip inspection shall be performed each day a school bus is operated to transport students. If the same driver operates the same bus more than once a day, a new inspection is not required for each subsequent trip.
e) If a bus is operated by a different driver for any subsequent trips during the day, an additional pretrip inspection is required. If a driver is required to complete his/her route in a bus different than the one he/she started the route in, a complete pretrip inspection must be performed on the replacement bus.
f) The driver is required to complete a School Bus Driver's Pretrip Inspection Form in full each time an inspection is performed. Any defects found on the bus must be recorded on the Form.
g) The following equipment must be inspected at least once every 24 hours when the bus is being operated to transport students. When the driver inspects this equipment, he or she is responsible for verifying that these and all other equipment listed on the Form have been inspected, as required. The driver's signature on the Form is verification that these items have been inspected, as required. Exempt times are excluded from the 24-hour period requirement (see definition of Exempt Time in Section 458.1020).
1) Oil;
2) Coolant;
3) Battery;
4) Transmission Fluid;
5) Master Cylinder Brake Fluid;
6) Power Steering Fluid;
7) Washer Fluid;
8) All belts (e.g., fan, alternator, power steering); and
9) Wiring.
h) The equipment listed in subsection (g) may be inspected by someone other than the driver (e.g., school bus mechanic or bus attendant). If any person other than the driver inspects the equipment listed in subsection (g), that person is responsible for the inspection of the equipment and must provide his or her signature on the Form, along with the date and time the equipment was inspected. (Writing "Shop" on the signature line is not acceptable.) That person's signature is valid for a 24 hour period (i.e., the corresponding line may be blank on the next day's Form). Exempt times are excluded from the 24 hour period (see definition of Exempt Time in Section 458.1020).
i) If defects are discovered, the driver must notify the school bus owner/operator each day before the trip is started so the defects can be corrected.
j) The Department recommends that all defects be corrected before any bus is used to transport children. Each school district or contractor must establish policies to govern procedures that are to be followed when any equipment is found to be unsatisfactory.
k) Each day before a school bus is operated, the driver must examine the previous Form to verify all defects have been corrected. If all defects have not been corrected, the driver must immediately notify the school bus owner/operator or his or her designee.
l) The original Form shall be presented to the school bus owner/operator, or his or her designee, before the trip is started each day an inspection is completed. The owner/operator, or his or her designee, shall be responsible for insuring the repairs/adjustments are made as soon as practicable.
m) After any repairs are made, the school bus mechanic performing the repairs/adjustments must sign and date the Form.
n) The original copy shall be maintained by the owner/operator for 180 days (i.e., six months) from the date of inspection.
o) The duplicate copy shall remain in the bus for 30 days (i.e., one month) from the date of inspection. Duplicate copies more than 30 days old must be removed from the bus.
p) The original Forms shall be organized in an orderly fashion and made available for inspection at any time by officers of the Department as authorized by 92 Ill. Adm. Code 456.60(mm).
q) The owner/operator is responsible for providing Forms to the drivers.
r) Each school bus must be equipped with an adequate supply of Forms.
s) Forms must not be filled out in advance and each individual equipment must be checked or marked with individual checkmarks while the Form is being completed. If any equipment listed on the Form was not present on the bus at the time of manufacture (e.g., clutch), the equipment must be marked out and "Not Applicable" or "N/A" must be written beside the equipment.
t) A copy of Illustration A can be used or a form can be developed which contains all the information found in Illustration A. Additional equipment may be added to the equipment listed in Illustration A as the bus owner/operator deems necessary (e.g., wheelchair lift).
u) The Department must approve all variations of the Form before they can be used. Forms submitted for approval must be submitted to the address provided in subsection (c).
v) The Form shall contain general information about the bus and must list the equipment that is required to be inspected by the driver (see Illustration A). A Remarks Section must be provided for the driver to detail specific defects. A signature line must be provided for the driver and, if applicable, the mechanic who performed any inspection of mechanical equipment. A signature and date line must also be provided for the school bus mechanic performing any repairs/adjustments.
w) The Department must approve any variance from the procedures prescribed in this Part. A request for a procedural variance must be submitted in writing to the address provided in subsection (c).
x) Procedural changes may include, but are not limited to, recording the inspection of the equipment listed in subsection (g) on a supplemental form. This type of variance may help expedite the inspection of larger fleets when an employee may be responsible for inspecting the equipment listed in subsection (g). The supplemental form must list each piece of equipment (i.e., fluids and belts) listed in subsection (g) and whether the equipment is in satisfactory or unsatisfactory condition. The supplemental form must provide space for each school bus to be listed by unit number along with the date and time of the fluids/belts inspection. The person who performs the inspection must provide his or her signature on the supplemental form that confirms he or she is responsible for the inspection of the fluids and belts. The supplemental form must provide the school bus owner's or operator's name. The Form shall also be modified to indicate that the inspection of the equipment listed in subsection (g) has been recorded on a supplemental form. Department officers must be provided access to all inspection information, when requested.
y) If the bus is not being used as a school bus (e.g., if it is being driven to obtain maintenance/repair work), this Part does not apply.
z) Electronic pretrip inspection systems may be used to meet the requirements of this Part. This variance must be approved, upon request, before an electronic system is implemented. The request must be submitted in writing to the address provided in subsection (c). Provided prior approval is granted, electronic systems may be exempt from recordkeeping procedures (e.g., pretrip forms stored on the bus and/or data stored on electronic readers for 30 days). Electronic pretrip inspections must include the equipment listed on the Form. Upon request, Department officers must be provided access to all data collected and stored.
aa) In the event that an electronic pretrip system is not functioning or is not meeting the requirements of this Part, Illustration A must be completed, as required by this Part.
bb) Inventory of existing preprinted forms may be used until depleted. Illustration A must be used after all existing forms are depleted from a school bus owner's or operator's inventory.
AGENCY NOTE: School bus drivers may need to be equipped with a flashlight in order to perform pretrip inspections before sunrise or after sunset. A two-person system may also be helpful when performing pretrip inspections to verify the lights on the rear of the bus are functioning properly.
**History**
- *Source: Amended at 40 Ill. Reg. 2076, effective January 8, 2016*
##### **92 Ill. Adm. Code 458.ILLUSTRATION** A School Bus Driver's Pretrip Inspection Form {#sec-458.illustration omnilex-key=us-il-regs-official--title-92--458.ILLUSTRATION}
School District or Contractor's Name
Bus Identification No.
Date
Time
PLEASE CHECK "S" FOR SATISFACTORY OR "U" FOR UNSATISFACTORY. (Ö) EACH COMPONENT CAREFULLY AND INDIVIDUALLY.
Open Hood and Check:
With Engine Running, Driver Activates All Exterior Lights, Walks Around the Bus and Checks:
S
U
S
U
S
U
Oil
Power Steering Fluid
Right Front Wheel and Tire
Coolant
Washer Fluid
Right Side Marker and Turn Signal
Battery
All Belts
Right Side Reflectors
Transmission Fluid
Wiring
Right Side Rear View and Safety Mirrors
Master Cylinder Brake Fluid
Crossing Control Arm
Headlights (high/low beams)
Front Turn Signal Lights
Signature of person performing above inspection if not the driver/Date
Front Clearance Lights
Front Identification/Cluster Lights
Driver Enters Bus and Checks:
Front Eight Light Flashing System
S
U
S
U
Front Reflectors
Steps
Warning Devices
Windshield
Cleanliness
Fuses (if applicable)
Underside of Chassis
Seats
First Aid Kit
Crossover Mirror(s)
Seat Belts (if applicable)
Fire Extinguisher
Left Side Rear View and Safety Mirrors
Windows
Lettering
Left Front Wheel and Tire
Two-way Radio or Authorized Cell Phone
Driver's Side Window
Stop Arm Panel
Left Side Marker and Turn Signal Lights
Record Month and Year displayed on the front of the Certificate of Safety
Left Side Reflectors
Side Emergency Door (open/close) (if applicable)
Record Odometer Reading from the Vehicle's Odometer
If today's month and year is after the month and year recorded above or if the vehicle's odometer reading is greater than the miles recorded on the back of the Certificate of Safety, the Certificate of Safety has expired or is not valid.
Left Rear Wheels and Tires
Exhaust System (tail pipe clear?)
Rear Tail/Brake Lights
Rear Turn Signal Lights
Rear Clearance Lights
Rear Identification/Cluster Lights
Driver Starts Engine, Activates All Interior Lights and Checks:
Strobe Lamp (if applicable)
S
U
S
U
Rear Eight Light Flashing System
Valid Certificate of Safety
Child Check System (electronic or manual)
Rear Reflectors
Steering Wheel
Braking Warning Alarm
Rear Emergency Door (open/close) (if applicable)
Windshield Wipers and Washers
Controls and Indicators
Right Rear Wheels and Tires
Heater and Defroster
Ammeter (voltmeter)
Fuel Tank Filler Caps
All Interior Lights
Gear Shift Lever
Horn
Neutral Safety Switch
Drive Bus Forward and Apply Brakes
Service Door (open/close)
Water Temperature Gauge
S
U
All Mirrors (adjustments)
Fuel Gauge
Service and Emergency Brake Operation
Sun Visor
Vacuum or Air Pressure Gauge
Emergency Exits (windows/doors)
Odometer
Emergency Exits Alarms
Switches
Clutch (if applicable)
Driver's Seat Belt
REMARKS
Signature of Driver
Signature of Mechanic Making Report/Adjustments
Date Repairs/Adjustments Completed
(rev 4/12)
**History**
- *Source: Amended at 36 Ill. Reg. 14428, effective September 6, 2012*
#### **Part 460** Diesel Emission Inspection Program
##### **92 Ill. Adm. Code 460.100** Purpose {#sec-460.100 omnilex-key=us-il-regs-official--title-92--460.100}
This Part establishes the requirements and procedures to be followed by an Official Testing Station, Official Portable Emission Testing Company, and Certified Diesel Emission Tester for the inspection of those diesel-powered vehicles which are required to be inspected pursuant to Section 13-109.1 of the Illinois Vehicle Inspection Law (the Law) [625 ILCS 5]. Additionally, inspection, compliance and enforcement procedures are covered by this Part and establish the Diesel Emission Inspection Program.
**History**
- *Source: Amended at 48 Ill. Reg. 16576, effective October 29, 2024*
##### **92 Ill. Adm. Code 460.110** Definitions {#sec-460.110 omnilex-key=us-il-regs-official--title-92--460.110}
As used in this Part:
"Affected Areas" means the counties of Cook, DuPage, Lake, Kane, McHenry, Will, Madison, St. Clair, and Monroe and the townships of Aux Sable and Goose Lake in Grundy County and the township of Oswego in Kendall County. [625 ILCS 5/13-100.1]
"Applicant" means any individual owner, partners, authorized agent of a corporation, or lessee applying for a Diesel Emissions Official Testing Station Permit or Official Portable Diesel Emissions Permit.
"Authorized Diesel Emission Inspection Equipment" means those testing and measuring devices that operate to meet or exceed the Society of Automotive Engineers Snap Acceleration Smoke Test Procedure for Heavy Duty Diesel Powered Vehicles, SAE Standard J1667, Rev. Feb. 2018.
"Authorized emergency vehicle" means emergency vehicles of municipal departments or public service corporations as are designated or authorized by proper State, county, or local authorities; police vehicles; vehicles of the fire department; vehicles of a HazMat or technical rescue team authorized by a county board under Section 5-1127 of the Counties Code; ambulances; vehicles of the Illinois Department of Corrections; vehicles of the Illinois Department of Juvenile Justice; vehicles of the Illinois Emergency Management Agency; vehicles of the Office of the Illinois State Fire Marshal; mine rescue and explosives emergency response vehicles of the Department of Natural Resources; vehicles of the Illinois Department of Public Health; vehicles of the Illinois State Toll Highway Authority with a gross vehicle weight rating of 9,000 pounds or more and those identified as Highway Emergency Lane Patrol; vehicles of the Illinois Department of Transportation identified as Emergency Traffic Patrol; and vehicles of a municipal or county emergency services and disaster agency, as defined by the Illinois Emergency Management Agency Act. [625 ILCS 5/1-105]
"Bureau of Investigation and Compliance" or "BIC" means a bureau within the Illinois Department of Transportation's Office of Finance and Administration.
"Certified Diesel Emission Tester (CDET)" means an individual who is employed at an Official Testing Station, or Official Portable Emission Testing Company and who has passed a written exam and who has demonstrated proficiency by operating and calibrating the authorized diesel emission inspection equipment and who has been issued a certificate by the Department.
"Code" means the Illinois Vehicle Code [625 ILCS 5].
"Department" means the Department of Transportation of the State of Illinois, acting directly or through its authorized agents or officers. [625 ILCS 5/13-100]
"Diesel Emission Inspection Certificate of Waiver for Failing Inspection and Reinspection" means a certificate issued in accordance with Section 460.600 of this Part to the owner/operator of a vehicle that has failed a diesel emission inspection and reinspection but who has complied with all applicable waiver requirements in accordance with Section 460.600.
"Diesel Emission Inspection Certificate of Waiver for an Ungoverned Vehicle" means a certificate issued in accordance with Section 460.605 to the owner/operator of a vehicle whose motor was manufactured ungoverned but who has complied with all applicable waiver requirements in accordance with Section 460.605.
"Diesel Emission Inspection Report " or "DEIR" means the report (Form BIC 8000) presented to the vehicle owner/operator. If the vehicle passes, the report is validated by the presence of the Validation Certificate that is attached to the report in the form of an adhesive sticker and is required to be present in the cab of the vehicle.
"Diesel Emission Inspection 30-Day Warning Notice" means the DEIR presented to the vehicle owner/operator if the vehicle fails the diesel emission inspection. The vehicle's owner/operator is required to return to an Official Testing Station or Official Portable Emission Testing Company within 30 days for a reinspection.
"Diesel Emission Inspection Equipment" means the equipment required to be used by the Certified Diesel Emission Tester to inspect a diesel-powered vehicle and to submit the results of the inspection to the Department. The equipment includes, but is not limited to, the Department-approved smoke opacimeter, a workstation (i.e., laptop computer), and printer tape.
"Diesel Emission Inspection Supplies" or "Supplies" means all items issued to an Official Testing Station or Official Portable Emission Testing Company by the Department in order to conduct a diesel emission inspection. Items include, but are not limited to, diesel emission inspection reports and validation certificates. All supplies remain the property of the Department.
"Diesel-Powered Vehicle" or "Diesel Vehicle" means a motor vehicle registered for a gross weight of more than 16,000 pounds, powered by an internal combustion, compression ignition, diesel fueled engine.
"Director" means the Director of the Office of Finance and Administration for the Illinois Department of Transportation.
"Emission Control Devices" means those components of a vehicle that were designed and are used to control vehicle exhaust and evaporative system emissions. For purposes of this Part, this term refers to components with which the vehicle was originally equipped or direct replacements.
"Gross Weight" means the weight of a vehicle whether operated singly or in combination without load plus weight of the load thereon. [625 ILCS 5/1-125]
"Illinois Vehicle Inspection Law (the Law)" means 625 ILCS 5/Ch. 13.
"Inspector" means vehicle compliance inspectors and administrative personnel employed by the Illinois Department of Transportation.
"Manufacturer" (unless otherwise indicated at the point of use) means the person or organization whose name follows "MANUFACTURED BY" or "MFD BY" on the federal certification label.
"Model Year" means the year of manufacture of a vehicle based upon the annual production period of the vehicle as designated by the manufacturer and indicated on the title and registration of the vehicle. If the manufacturer does not designate a production period for the vehicle, then "model year" means the calendar year of manufacture. [625 ILCS 5/1-144.05]
"Official Portable Diesel Emissions Permit" means evidence issued by the Department granting the Owner named thereon the privilege of serving as an agent of the State of Illinois within the limitations set forth in this Part and Section 13-103.3 of the Law.
"Official Portable Emissions Testing Company" or "OPETC" means a business that meets the requirements of this Part and has been issued an Official Portable Diesel Emissions Permit by the Department to perform portable diesel emissions tests.
"Official Testing Station" or "OTS" means all contiguous real and personal property that houses the equipment and supplies relating to the diesel emission inspection of vehicles. Official Testing Stations are privately-owned businesses that are regulated by the Department. Official Testing Stations are classified as either public or private. Public Stations are open to the public. Private Stations are established by companies for the purpose of inspecting vehicles owned or operated by the company. Private Stations are not open to the public.
"Official Testing Station Permit" means evidence issued by the Department granting the Owner named thereon the privilege of serving as an agent of the State of Illinois within the limitations set forth in this Part and Section 13-103 of the Law.
"Opacity (N)" means the percentage of light transmitted from a source that is prevented from reaching a light detector.
"Opacity Cutpoint Standards" means criteria established in the United States Environmental Protection Agency document "Guidance to States on Smoke Opacity Cutpoints to be used with the SAE J1667 In-Use Smoke Test Procedure". (February 25, 1999) (See Section 460.140 for cutpoint standards.)
"Out-of-Service Order" means a temporary prohibition against driving a commercial motor vehicle. [625 ILCS 5/1-154.5]
"Owner" means any individual, partners, authorized agent of a corporation, lessee, or other person in whose name an Official Testing Station Permit, or Official Portable Diesel Emissions Permit, or Official Portable Emission Testing Company Permit has been issued. The Owner is responsible for the lawful operation of the OTS or OPETC diesel emission inspection program.
"Owner/Operator" means the person who presents the diesel-powered vehicle for inspection, commonly referred to as the vehicle's driver.
"Part" means the regulations contained in this document that are located at 92 Ill. Adm. Code 460.
"Person" means every natural person, firm, copartnership, association or corporation. [625 ILCS 5/1-159]
"Rate or Charge" means the monetary charge authorized by 625 ILCS 5/13-106 to any person offering a vehicle for a diesel emission inspection pursuant to 625 ILCS 5/13-109.1.
"Recognized Repair Technician" means a person professionally engaged in vehicle repair, employed by a company in operation whose purpose is vehicle repair, or possessing nationally recognized certification for emission related diagnosis and repair.
"Secretary" means the Secretary of the Illinois Department of Transportation.
"Smoke Density (K)" means a fundamental means of quantifying the ability of a smoke plume or smoke containing gas sample to obscure light.
"Smoke Opacimeter" means a type of smokemeter designed to measure the opacity of a plume or sample of smoke by means of a light extinction principle.
"Smokemeter Measurement Zone" means the effective length between the smokemeter light source and the light detector through which exhaust gases pass and interact with the smokemeter light beam.
"Snap-Acceleration Inspection" means the method used to test a diesel-powered vehicle to determine the quality of diesel exhaust fumes being released into the atmosphere.
"Station" means the Official Testing Station.
"Survey" means an examination performed by an Inspector of the perspective or current Official Testing Station or Official Portable Emission Testing Company physical address, diesel emission inspection equipment, and vehicles, if applicable.
"Transmittance (T)" means the fraction of light transmitted from a source that reaches a light detector.
"Validation Certificate" means the decal attached by the CDET to the Diesel Emission Inspection Report after the vehicle passes a diesel emission inspection.
**History**
- *Source: Amended at 48 Ill. Reg. 16576, effective October 29, 2024*
##### **92 Ill. Adm. Code 460.120** Applicability {#sec-460.120 omnilex-key=us-il-regs-official--title-92--460.120}
a) Intrastate Carriers of Property or Passengers and Interstate Carriers of Passengers:
Effective July 1, 2000, each diesel-powered vehicle that is registered for a gross weight of more than 16,000 pounds, that is registered within the affected area (as defined in Section 460.110) and that is a 2 year or older model year shall be inspected annually for compliance with this Part. [625 ILCS 5/13-109.1]
b) Diesel-powered vehicles being operated on plates issued pursuant to Section 3-815(c) of the Code (Farm Truck Registration (i.e., license plate)) are exempt from the diesel emission inspection requirements set forth in this Part. [625 ILCS 5/13-109.3]
c) Units of local government within the affected areas, including home rule units, shall not require or conduct a diesel emission inspection program that does not meet or exceed the standards of the diesel emission inspection provided for in this Part. [625 ILCS 5/13-117]
##### **92 Ill. Adm. Code 460.130** Address for Correspondence {#sec-460.130 omnilex-key=us-il-regs-official--title-92--460.130}
All business and correspondence pertaining to the diesel emission inspection program shall be addressed to:
Illinois Department of Transportation
Bureau of Investigation and Compliance
3215 Executive Park Drive
Springfield, Illinois 62703
(217) 785-1181
DOT.VehicleInspectionUnit@illinois.gov
**History**
- *Source: Amended at 48 Ill. Reg. 16576, effective October 29, 2024*
##### **92 Ill. Adm. Code 460.140** Incorporation by Reference and Cutpoint Standards {#sec-460.140 omnilex-key=us-il-regs-official--title-92--460.140}
The following materials are incorporated by reference as of the edition date provided below. No later amendments to or editions of the following documents are incorporated. Copies of these materials are available for inspection at the Department's Commercial Vehicle Safety Section at the address provided in Section 460.130.
a) Society of Automotive Engineers (SAE) Recommended Practice J1667 "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel-Powered Vehicles," revised February 1996.
The opacity cutpoints recommended by this guidance that will be used as a standard for this program shall not exceed: 40% opacity for vehicles model year 1991 and newer; 55% opacity for vehicles model year 1974 to 1990 and older.
b) United States Environmental Protection Agency (USEPA) "Guidance to States on Smoke Opacity Cutpoints to be used with the SAE J1667 In-Use Smoke Test Procedure," issued February 1999.
**History**
- *Source: Amended at 48 Ill. Reg. 16576, effective October 29, 2024*
##### **92 Ill. Adm. Code 460.200** Official Testing Station Requirements {#sec-460.200 omnilex-key=us-il-regs-official--title-92--460.200}
a) Diesel emission inspections shall be conducted at an OTS permitted by Department.
b) Prospective, or current, owners of OTSs who wish to perform diesel emissions inspections shall submit:
1) An application for an official testing station permit. Applications shall be submitted to the Department at DOT.VehicleInspectionUnit@illinois.gov.
2) A $50 application fee, paid through the electronic payment system established by the Department (i.e., Illinois ePay) made payable to: Treasurer, State of Illinois. This application fee is nonrefundable. Any city, village, or incorporated town shall be exempt from this fee.
3) File with the Department a bond in the amount of $10,000 with surety provided by a bonding company in good standing with the Department of Insurance. The bond will be held by the Department. Any city, village, or incorporated town shall be exempt from filing a bond.
4) A list of vehicles owned or leased by the applicant. The list shall include the vehicle's make, model, vehicle identification number, registration (license plate) number, and physical address of the storage location. A vehicle list is only applicable to applicants for a private official testing station permit.
5) A survey will be performed by an Inspector prior to the Department approving any application.
6) If approved, the Department will issue an OTS permit, such permit will expire 12 months from its issuance. The permit shall be renewed annually upon payment of a $50 renewal fee and verification of a bond in the amount of $10,000, both in accordance with Section 460.200 (b)(2) and (3).
7) Any change or amendment to an existing permit shall require an additional $50 fee. (i.e., change of ownership or location).
c) An OTS that performs diesel emission inspections indoors must provide sufficient ventilation to prevent persons from becoming overcome by exhaust fumes.
d) Public Stations located within the affected areas and permitted to conduct diesel emission inspections must perform a diesel emission inspection for each vehicle presented for such an inspection.
e) Each OTS permitted to perform diesel emission inspections must have at least one Certified Diesel Emission Tester with a current and valid certificate.
f) No diesel emission inspection shall be conducted unless the OTS Permit is valid and designates that the OTS provides diesel emission inspections.
g) All diesel emission inspections shall be conducted on the property identified on the OTS Permit.
**History**
- *Source: Amended at 48 Ill. Reg. 16576, effective October 29, 2024*
##### **92 Ill. Adm. Code 460.210** Private Diesel Official Testing Stations {#sec-460.210 omnilex-key=us-il-regs-official--title-92--460.210}
a) Private Diesel Official Testing Stations (PDOTS) may be established by persons or municipalities or other governmental entities that own or lease at least 25 diesel-powered vehicles subject to diesel emission inspections.
b) PDOTS are not open to the public. PDOTS may conduct diesel emission inspections on vehicles which are owned or leased by the PDOTS.
c) PDOTS shall notify the Department by email at least one working day prior to performing five or more diesel emission inspections in one week. An Inspector may be present at the time of inspection.
d) PDOTS shall provide, at their own expense, diesel emission inspection equipment approved by the Department.
e) The Department shall provide to PDOTS diesel emission inspection supplies necessary to conduct diesel emission inspections. PDOTS must purchase validation certificates from the Department for one dollar each.
f) PDOTS shall transmit DEIRs electronically in a manner prescribed by the Department.
g) PDOTS shall conduct all diesel emission inspections on the property of the facility to which the Official Testing Station Permit is issued.
h) PDOTS shall conduct all diesel emission inspections in accordance with this Part.
**History**
- *Source: Amended at 48 Ill. Reg. 16576, effective October 29, 2024*
##### **92 Ill. Adm. Code 460.215** Official Portable Emissions Testing Companies {#sec-460.215 omnilex-key=us-il-regs-official--title-92--460.215}
a) To apply for an Official Portable Diesel Emissions Permit, applicants must submit a request, in writing, to the Department. Request shall be submitted to DOT.VehicleInspectionUnit@illinois.gov. Once the written request is received, a survey will be completed by an Inspector at the prospective OPETC's recordkeeping office for compliance of this Part. If the survey is approved, the applicant must submit Form BIC 1188, Application for Official Portable Diesel Emissions Permit. The application shall include:
1) A list of the year, make, model, and license plate number of each vehicle used to perform diesel emissions tests.
2) A list of diesel emissions equipment which will be used to perform inspections.
3) An affirmation that the testing equipment meets or exceeds the Society of Automotive Engineers (SAE) J1667 Snap Acceleration Smoke Test Standards.
4) The physical address of the applicant's Illinois recordkeeping office.
5) A $50 application fee paid through the electronic payment system established by the Department (i.e., Illinois ePay) made payable to: Treasurer, State of Illinois. This fee is nonrefundable.
b) Prior to issuance of the Official Portable Diesel Emissions Permit, the applicant shall file a $10,000 bond with the Department with security provided by a bonding company in good standing with the Department of Insurance. The bond form will be held by the Department.
c) Recordkeeping Office
1) OPETCs shall maintain a recordkeeping office within this State.
2) Records shall be made available to the Department for inspection at the OPETC's recordkeeping office during normal business hours.
3) If the OPETC's recordkeeping location is not open to the public (i.e., is not a location with normal business hours), records shall be made available to the Department for inspection upon the Department providing the OPETC at least 24 hours' notice of its intent to inspect records.
4) The following records shall be maintained at the recordkeeping office:
A) An inventory of validation certificates issued by the Department.
B) Copies of CDET certificates.
C) Records required to be kept under Section 460.330.
5) The Department shall be notified in writing no later than seven days after any change in the location of the recordkeeping office.
d) Diesel emission tests shall only occur at a vehicle owner/operator's place of business.
e) OPETCs shall not perform diesel emissions inspections on fleets with less than 5 vehicles.
f) The OPETC shall annually provide the Department with an updated list of vehicles it uses to perform diesel emissions tests, or sooner if requested by the Department.
g) Each OPETC permitted to perform diesel emission inspections must have at least one CDET with a current and valid certificate.
h) Every vehicle used by the OPETC to perform emissions testing shall have a folder containing copies of the Official Portable Diesel Emissions Permit and all CDET certificates.
i) At the request of the Department, OPETCs must submit information on where inspections are scheduled. The information must be submitted at least 48 hours prior to the date of inspection and include the following:
1) Owner/Operator name;
2) Date of inspection;
3) Time of inspection;
4) Physical address of where the emission tests will be performed; and
5) Number of vehicles to be inspected.
**History**
- *Source: Added at 48 Ill. Reg. 16576, effective October 29, 2024*
##### **92 Ill. Adm. Code 460.220** Owner's Responsibilities {#sec-460.220 omnilex-key=us-il-regs-official--title-92--460.220}
a) The Owner shall require all Certified Diesel Emission Testers (CDET) to comply with this Part.
b) The Owner shall submit Form BIC 1300, Application for Certified Diesel Emissions Tester, to the Department when applying for the Owner or an employee to become a CDET. The application shall include the prospective CDET's:
1) Full name;
2) Date of birth;
3) Photocopy of a State or U.S. Government issued photo-identification card; and
4) A current photo of the applicant. The photo must be a digital JPEG color photo with a white or off-white background, and be at least 54KB, but no larger than 10 MG.
c) The Owner is responsible for the training of employees on the equipment and inspection procedures before the employee is tested by an Inspector to become a CDET.
d) The Owner shall notify the Department as soon as the Owner is aware that neither the Owner nor any of the Owner's employees are eligible to conduct diesel emission inspections, e.g., when a CDET is no longer employed at the OTS or OPETC. Failure to have at least one employee who is certified to conduct diesel emission inspections automatically suspends the diesel emission inspection permit until such time as the Owner or an employee becomes certified to conduct diesel emission inspections.
e) The Owner shall notify the Department as soon as the Owner is aware that the Owner's OTS or OPETC is not eligible to conduct diesel emission inspections, e.g., the OTS or OPETC is closed for vacation. If the OTS or OPETC is not eligible to conduct diesel emission inspections for more than 30 days, an Inspector must approve resumption of the diesel emission inspection program.
f) The Owner is responsible for maintaining the equipment in proper calibration and, if applicable, for maintaining the OTS or OPETC in proper condition as required by 92 Ill. Adm. Code 451.
g) It shall be the Owner's responsibility to cease conducting diesel emission inspections when any piece of that equipment malfunctions.
1) Equipment malfunctions and subsequent closure shall be reported to the Department as soon as the Owner is aware of the malfunction.
2) Diesel emission inspections shall not be resumed until repairs are completed and approval is secured from an Inspector. An Inspector will confirm that the diesel emission inspection equipment is working in accordance with the manufacturer's specifications.
h) It shall be the Owner's responsibility to maintain a quantity of diesel emission inspection supplies to accommodate vehicles presented for original inspection or returned for reinspection. If an OTS or OPETC does not have a quantity of diesel emission inspection supplies to issue to a vehicle returning for a reinspection, the inspection fee shall be refunded to the vehicle owner/operator.
i) The Owner shall be responsible for the proper security and handling of the diesel emission inspection supplies.
j) It shall be the Owner's responsibility to immediately notify the Department of any change in diesel emission inspection equipment.
k) It shall be the Owner's responsibility to provide funds to the Department to cover the cost of validation certificates to perform diesel emission inspections (i.e., one dollar per Certificate), through the electronic payment system established by the Department (i.e., Illinois ePay).
l) The OTS or OPETC shall only charge the authorized fee when issuing a Certificate (i.e., one dollar). The authorized fee for the validation certificate is included in the rates or charges established in Section 460.400.
m) If an Official Testing Station Permit or Official Portable Diesel Emissions Permit is suspended or revoked pursuant to Section 460.240(p), performance of any and all diesel emission inspection activities shall be prohibited for the duration of the suspension or revocation. It shall be the Owner's responsibility to surrender the permit, validation certificates, diesel emission inspection equipment (if applicable), and supplies as requested by an Inspector on the date the suspension begins. The Owner shall be responsible for making certain all employees honor the terms of the suspension or revocation.
n) The CDET's certificate remains the property of the Department and shall be immediately returned to the Department by the Owner if the CDET ceases inspecting vehicles or ceases to be employed by the OTS or OPETC; or if the permit is suspended, or revoked; or if the CDET fails to maintain certification.
o) It shall be the Owner's responsibility to see that all diesel emission inspections are conducted in accordance with this Part.
**History**
- *Source: Amended at 48 Ill. Reg. 16576, effective October 29, 2024*
##### **92 Ill. Adm. Code 460.230** Responsibilities of Certified Diesel Emission Tester {#sec-460.230 omnilex-key=us-il-regs-official--title-92--460.230}
a) Persons interested in becoming a Certified Diesel Emission Tester (CDET) must meet the following requirements:
1) Be a least eighteen years of age; and
2) Possess a valid State or U.S. Government issued photo-identification card.
b) Every applicant must accomplish the following before certification as a CDET to conduct diesel emission inspections is awarded:
1) Pass an open-book written test, administered by the Department, based on this Part with a passing score of at least 88%.
2) Demonstrate proficiency to the Department, by properly operating and calibrating the diesel emission inspection equipment where employed.
c) An Owner may request retesting of a CDET applicant who failed the initial examination.
1) A person who failed any part of the initial examination shall wait a period of 15 days before reapplying.
2) A person who fails a second time shall wait a period of 30 days before reapplying.
3) After three failures within one 12 month period, a person is not eligible to take the examination for a period of one year from the date of the last failure.
d) If the OTS or OPETC where a CDET is employed changes diesel emission inspection equipment, the CDET shall be required to demonstrate proficiency by operating and calibrating the new inspection equipment.
e) If a CDET leaves the employ of one OTS or OPETC and is subsequently hired by another, the latter employer shall request in writing to the Department a transfer of the CDET's certification.
1) The Department may require the CDET to pass the written and proficiency examinations before the certificate is transferred. (See subsection (b) for examination standards.)
2) Both tests shall be administered if the lapse in employment exceeds 30 days.
f) The CDET's certificate remains the property of the Department and shall be immediately returned to the Department by the Owner if the CDET ceases inspecting vehicles or ceases to be employed by the OTS or OPETC, or if the permit is suspended, canceled or revoked; or if the CDET fails to maintain certification.
g) If a CDET's certificate has been suspended for 90 days or more or canceled, the Department will require that the CDET pass the written and proficiency examinations prior to recertification.
h) If an OTS or OPETC is inoperative for a period of six months or more, all CDET certificates shall be canceled. Any former CDET shall be required to be reexamined before a certificate is issued.
i) Failure of a CDET to pass either the proficiency or written portion of any retest shall automatically cancel the certification.
j) Refusal of a CDET to submit to retesting shall automatically cancel the certification and the certificate shall be immediately surrendered to an Inspector.
k) No person shall perform a diesel emission inspection unless that person has been certified as a CDET by the Department and that person has been issued a valid certificate. The certificate shall be displayed at the OTS where the CDET is employed. If employed by an OPETC, the original certificate shall be kept at the OPETC's recordkeeping office and a copy shall be kept in the vehicle used to perform the diesel inspection.
l) The CDET shall perform the diesel emission inspection according to procedures established in this Part.
m) The CDET shall have sole physical control of the vehicle being tested during the entire diesel emission inspection.
n) The CDET shall be responsible for documenting all diesel emission inspection results in the manner prescribed in Section 460.330.
o) The CDET who performed the original diesel emission inspection or reinspection shall affix the validation certificate to the Diesel Emission Inspection Report as prescribed in Section 460.330. The validation certificate shall be affixed only if the vehicle inspected equals or exceeds all of the requirements of this Part.
p) The CDET shall not accept any gratuity from any person for or in connection with an official diesel emission inspection or for the issuance or giving of proof of a diesel emission inspection.
q) CDET certificates shall expire 12 months following the date of issue but may be renewed annually by complying with this Part. The Department will annually recertify CDETs who have met the requirements of this Part. [625 ILCS 5/13-103.1]
r) The annual recertification of CDETs, administered by the Department, shall include an open-book examination, physically performing a diesel emissions test, or demonstrating the proficiency in the operation of diesel emissions testing equipment utilized by the OTS or OPETC where employed.
s) Failure to pass any part of the recertification exam cancels the CDET's certificate. CDETs who fail to pass the recertification exam are prohibited from testing vehicles until they successfully pass the initial CDET proficiency and written examinations.
**History**
- *Source: Amended at 48 Ill. Reg. 16576, effective October 29, 2024*
##### **92 Ill. Adm. Code 460.240** Supervision and Enforcement {#sec-460.240 omnilex-key=us-il-regs-official--title-92--460.240}
Inspectors (as defined in Section 460.110) have the responsibility:
a) To monitor OTS and OPETCs and to enforce this Part.
b) To approve or deny applications for Official Testing Station Permits, Official Portable Diesel Emissions Permits, and CDET certificates.
c) To conduct written and proficiency tests for persons applying to become a CDET. (See Section 460.230 for testing standards and procedures.) To conduct tests for persons who require testing, e.g., not performing a minimum of 10% of diesel emission inspections annually.
d) To complete surveys at business locations applying for an Official Testing Station Permit or Official Portable Diesel Emissions Permit (see Section 460.230(b)).
e) To inspect diesel emission inspection equipment for cleanliness, operability and accuracy.
f) To require the Owner to cease performing diesel emission inspections when diesel emission inspection equipment is totally or partially inoperative or inaccurate. An Inspector must approve the condition of the equipment (i.e., operating as intended by the manufacturer) before the OTS or OPETC may reopen for diesel emission inspections.
g) To instruct Owners and CDET's in the proper method of completing forms and reports used in diesel emission inspection procedures.
h) To inspect forms required to be posted, completed and filed for cleanliness, legibility, and accuracy.
i) To determine whether diesel emission inspections are performed in accordance with this Part.
j) To have access to all records and supplies that are the property of and furnished by the Department.
k) To inspect the OTS's or OPETC's copy of this Part for completeness and availability.
l) To audit all inspection forms and printer tapes (if applicable) generated during diesel emission inspections for accuracy, completeness, legibility and proper filing order.
m) To inspect validation certificates at the OTS or OPETC for numerical sequence and storage security. To check the Owner's method of accountability for all diesel emission inspection supplies issued by the Department.
n) To investigate all complaints against an OTS, OPETC, or a CDET. [625 ILCS 5/13-107]
o) To monitor OTS and OPETC procedures used in conducting diesel emission inspections through the use of both official marked and unmarked vehicles. Monitoring conducted in marked State vehicles includes unannounced routine inspections by an Inspector to check records for proper filing and completion and diesel emission inspection equipment for proper calibration and operation as authorized by Section 13-105 and Section 13-105.1 of the Code , and to administer tests to prospective CDETs or those CDETs required to be retested. Monitoring conducted in unmarked vehicles includes unannounced investigations by Department personnel to determine if an OTS or OPETC is performing diesel emission inspections in accordance with this Part as authorized by Section 13-107 of the Law [625 ILCS 5/13-107].
p) To ensure compliance with goals for this program by issuing warning tickets or citations/complaints to Official Testing Station Permit or Official Portable Diesel Emissions Permit holders and their employees for alleged infractions of 625 ILCS 5/Ch. 13 and this Part. The charges as outlined in the citation(s) will be adjudicated at an administrative hearing (see 625 ILCS 5/13-108 and 92 Ill. Adm. Code 450). The Secretary will determine whether the OTS or OPETC has committed a violation after careful evaluation of the evidence presented at such hearing. If a determination of a violation is made, the Secretary will assess penalties for violations alleged on the citation/complaints. (See 92 Ill. Adm. Code 451.70(j) for penalty guidelines.)
q) To require that the Owner cease diesel emission inspections and reinspections upon suspension or revocation of diesel emission inspection testing privileges, as outlined in subsection (p). Permit(s) and diesel emission inspection supplies will be removed from the facility for the period of suspension or permanently upon revocation.
**History**
- *Source: Amended at 48 Ill. Reg. 16576, effective October 29, 2024*
##### **92 Ill. Adm. Code 460.250** Equipment, Supplies and Forms {#sec-460.250 omnilex-key=us-il-regs-official--title-92--460.250}
a) All required diesel emission inspection equipment furnished to an OTS or OPETC by the Department (if applicable) will remain the property of the Department.
b) All required forms and supplies will remain the property of the Department.
c) All completed forms and, supplies shall be kept in a secure place within the OTS or at the OPETC's recordkeeping office.
d) Diesel emission inspection supplies, as defined in Section 460.110, shall be available for inspection by an Inspector any time during the business hours listed on the permit application.
e) Validation certificates, as defined in Section 460.110, shall be stored in a locked safe or other locked place within the OTS or at the OPETC’s recordkeeping office.
f) Upon request by the Department, all diesel emission inspection equipment and supplies, as defined in Section 460.110, furnished by the Department, will be surrendered immediately to an Inspector when the OTS or OPETC is either temporarily or permanently closed.
g) It shall be the Owner's responsibility to maintain a sufficient amount of supplies, as defined in Section 460.110, needed in the operation of the diesel emission inspection program. These supplies may be obtained from the Department by submitting the diesel emission inspection requisition form. It shall be the Owner's responsibility to make sure the Owner's employees utilize the proper supplies.
**History**
- *Source: Amended at 48 Ill. Reg. 16576, effective October 29, 2024*
##### **92 Ill. Adm. Code 460.300** Vehicle Preparation {#sec-460.300 omnilex-key=us-il-regs-official--title-92--460.300}
AGENCY NOTE: The procedure for a snap-acceleration inspection is established in accordance with SAE J1667 and consists of Sections 460.300 through 460.330. Prior to conducting the snap-acceleration test, the following procedures must be completed by the Certified Diesel Emission Tester (CDET):
a) Set parking brake.
b) Chock the wheels.
c) Manual transmissions shall be placed in neutral. Automatic transmissions shall be placed in park, if available, or neutral if park is not available.
d) Deactivate any device that may alter normal acceleration, i.e. air-conditioning or engine brake.
e) Slowly accelerate the vehicle toward its maximum governed speed. Note any audible or visual indications that the engine is not mechanically sound. If there are no indications of problems, allow the engine to accelerate to a point where it becomes apparent that the governor is functioning properly. If it becomes apparent that the governor is not functioning properly, release the accelerator and stop the inspection. If the vehicle's engine is governed and not functioning properly, the governor must be adjusted or repaired in accordance with the vehicle's manufacturer specifications before the snap-acceleration inspection is performed. If the vehicle was manufactured without a governor, the procedure to obtain a Diesel Emission Inspection Certificate of Waiver for an Ungoverned Vehicle must be initiated (see Section 460.605).
f) Inspect the vehicle's exhaust system for leaks. If exhaust leaks are found, stop the inspection until all exhaust leaks have been repaired.
##### **92 Ill. Adm. Code 460.310** Equipment {#sec-460.310 omnilex-key=us-il-regs-official--title-92--460.310}
OTSs and OPETCs shall be equipped with authorized diesel emission inspection equipment as defined in Section 460.110 in order to perform diesel emission testing.
**History**
- *Source: Amended at 48 Ill. Reg. 16576, effective October 29, 2024*
##### **92 Ill. Adm. Code 460.320** Snap-Acceleration Inspection Procedures {#sec-460.320 omnilex-key=us-il-regs-official--title-92--460.320}
With the vehicle prepared as described in Section 460.300 and the equipment set up as described in Section 460.310, the snap-acceleration inspection shall be executed as follows:
a) With the engine at normal operating temperature and at low idle speed, the CDET shall move the accelerator to the fully opened position as quickly as possible.
b) The CDET shall hold the accelerator in the fully opened position until the engine reaches its maximum governed speed, plus an additional 1 to 4 seconds, or as prompted by the display on the smoke opacimeter.
c) After completing the snap-acceleration of the engine operating at maximum governed speed for 1 to 4 seconds, the CDET shall release the accelerator and allow the engine to return to low idle speed.
d) Allow the engine to remain at low idle speed for 5 to 45 seconds or as prompted by the display on the smoke opacimeter.
e) Repeat steps (a) through (d) two additional times, for a total of three snap-acceleration cycles.
f) These three snap-accelerations are preliminary cycles that allow CDETs to become familiar with the engine's acceleration and also remove loose soot from the vehicle exhaust system. The three preliminary cycles can also be used to check for proper operation of the smoke opacimeter.
g) Within 2 minutes after the preliminary snap-acceleration cycles or as prompted by the smoke opacimeter, the CDET shall execute three snap-accelerations in the same manner as described in subsections (a) through (d) of this Section for the preliminary acceleration cycles.
h) The percentage of opacity for the three snap-accelerations must be within 5% of each other for the inspection to be valid.
i) If the smoke opacimeter display announces a valid inspection, document the inspection results as instructed in Section 460.330, Reporting of Inspection Results.
j) If the test was invalid due to readings that varied by more than 5% or any other condition that would render the inspection invalid, repeat the entire inspection as outlined in Subpart C of this Part.
##### **92 Ill. Adm. Code 460.330** Reporting of Inspection Results {#sec-460.330 omnilex-key=us-il-regs-official--title-92--460.330}
a) The owner/operator of each vehicle presented for a diesel emission inspection shall provide a registration card, title or bill of sale that displays the vehicle identification number (VIN) and the owner/operator's name and address.
b) The CDET shall compare the VIN displayed on the registration card, title or bill of sale to the actual VIN on the vehicle being presented for a diesel emission inspection to determine whether the document provided accurately identifies the vehicle presented.
c) The following procedures apply only to vehicles that pass the diesel emission inspection by meeting minimum cutpoint standards:
1) Complete the DEIR. The CDET performing the inspection shall check the "pass" box, attach a validation certificate, and sign the DEIR.
2) The DEIR shall be presented to the vehicle owner/operator with the explanation that the DEIR must be kept in the vehicle as proof of diesel emission inspection compliance.
d) The following procedures apply only to vehicles that fail to meet minimum cutpoint standards.
1) Complete the DEIR. The CDET performing the inspection shall check the "fail" box and sign the form.
2) A copy of the DEIR shall be presented to the vehicle owner/operator with the explanation that the vehicle has failed to meet minimum opacity standards. The vehicle must be repaired and pass a diesel emission reinspection at an OTS or OPETC within 30 days after receipt of the DEIR or the Department will render the vehicle out-of-service. (See 625 ILCS 5/13-109.1(c))
e) The following procedures are the responsibility of the Owner and apply to all vehicles for which a diesel emission inspection was completed.
1) DEIRs and diesel emission inspection printer tapes (if applicable) shall be retained electronically at the OTS, or OPETC recordkeeping office, in monthly files for a period of two years, after which they may be deleted.
2) DEIRs and diesel emission inspection printer tapes remain the property of the Department and must be accessible upon demand.
3) DEIRs shall be transmitted electronically in a manner prescribed by the Department.
f) All records received by the Department under this Section will be maintained according to the records retention schedule as approved by the State Records Commission.
**History**
- *Source: Amended at 48 Ill. Reg. 16576, effective October 29, 2024*
##### **92 Ill. Adm. Code 460.400** Rates and Charges {#sec-460.400 omnilex-key=us-il-regs-official--title-92--460.400}
a) Applicants shall file with the Department a proposed schedule of rates to be charged for performing a diesel emission inspection. The proposed schedule will be approved by the Department before a permit is issued. All rates or charges for performing a diesel emission inspection shall be filed with, and approved by the Department and shall be just and reasonable.
b) A rate or charge is "just and reasonable" if it is the same, or nearly the same, as the prevailing rate or charge for the same or similar test made in the community where the OTS or OPETC's recordkeeping office is located. [625 ILCS 5/13-106]
c) The following rates or charges for an annual diesel emission inspection or reinspection have been determined by the Department to be prima facie just and reasonable rates or charges and are the maximum amounts allowed to be charged for a diesel emission inspection.
1) Annual Diesel Emission Inspection − Initial Inspection: $50
2) Annual Diesel Emission Inspection − Reinspection(s): $50
d) No Owner shall charge more or less than the rates filed with, and approved by the Department. [625 ILCS 5/13-106].
**History**
- *Source: Amended at 48 Ill. Reg. 16576, effective October 29, 2024*
##### **92 Ill. Adm. Code 460.410** Rate Change Procedure {#sec-460.410 omnilex-key=us-il-regs-official--title-92--460.410}
a) An Owner may change its rates or charges by filing with the Department a proposed schedule of rates and charges.
1) The Department will approve any rates or charges which are less than or equal to the amounts set in Section 460.400.
2) Any rates or charges greater than the amounts set in Section 460.400 will be denied.
b) An application for a change of rate will be approved or disapproved within 15 business days after receipt by the Department. If an application for a rate is approved, the rate shall become effective upon posting at the OTS by the Department, or in the case of an OPETC, upon receipt of the approval by the Department. If an application for a proposed rate is disapproved by the Department and the proposed rate is not greater than the amounts set in Section 460.400, an applicant may appeal the disapproval to the Director under 92 Ill. Adm. Code 454.260. The procedure in Part 454 will be used to determine if a disapproved rate or a rate contested by any person is just and reasonable. For purposes of this procedure, any reference to "rate" or "charge" in Part 454 is deemed to refer to a "rate" or "charge" for a diesel emission test at an OTS or OPETC in an affected area. As the Department has determined a just and reasonable initial rate in Section 460.400, the procedure in 92 Ill. Adm. Code 454.210 for initial rates will not be followed.
**History**
- *Source: Amended at 48 Ill. Reg. 16576, effective October 29, 2024*
##### **92 Ill. Adm. Code 460.500** Diesel Emission Inspection 30-Day Warning Notice {#sec-460.500 omnilex-key=us-il-regs-official--title-92--460.500}
a) If an annual diesel emission inspection reveals that a vehicle is not in compliance with this Part, the Owner or the CDET shall issue a warning notice requiring correction of the violation. [625 ILCS 5/13-109.1] The warning notice shall be in the form of a Diesel Emission Inspection 30-Day Warning Notice, as defined in Section 460.110. The DEIR presented to the owner/operator of the vehicle by the OTS or OPETC with the "fail" field completed will serve as the 30-day warning.
b) Corrections shall be made and the vehicle submitted to an emission reinspection within 30 days from the issuance of the warning notice requiring correction of the violation. [625 ILCS 5/13-109.1]
**History**
- *Source: Amended at 48 Ill. Reg. 16576, effective October 29, 2024*
##### **92 Ill. Adm. Code 460.510** Diesel Emission Inspection Out-of-Service Order {#sec-460.510 omnilex-key=us-il-regs-official--title-92--460.510}
a) If a vehicle has not passed a diesel emission reinspection within 30 days after the receipt of a 30-Day Warning Notice or has not obtained a waiver as prescribed in Section 460.600, the Department shall issue an Out-of-Service Order via certified mail to the person(s) or company owning or operating the vehicle in violation of this Part. (See 625 ILCS 5/13-109.1(c))
b) The Out-of-Service Order contains information identifying the owner/operator of the vehicle, information identifying the specific vehicle being placed out-of-service, the reason for the Order, the punishable fine of $1,000 for operating a vehicle that has been declared out-of-service, and a requirement that the vehicle pass a diesel emission reinspection before it may be returned to service. (See 625 ILCS 5/13-109.1(c))
c) The vehicle will remain out-of-service until the vehicle passes a diesel emission reinspection or the vehicle's owner/operator obtains a waiver as prescribed in Section 460.600.
d) The Department, without further notice to the owner/operator of a vehicle placed out-of-service, will also notify the Illinois Secretary of State, within three business days after receiving notice that a vehicle has been placed out-of-service, in writing or by electronic communication, that the vehicle is not in compliance with the provisions of Section 13-109.1 of the Illinois Vehicle Code. The Department will notify the Secretary of State within three business days after being notified that the vehicle passed or was granted a waiver by an OTS or OPETC.
**History**
- *Source: Amended at 48 Ill. Reg. 16576, effective October 29, 2024*
##### **92 Ill. Adm. Code 460.520** Diesel Emission Inspection Enforcement {#sec-460.520 omnilex-key=us-il-regs-official--title-92--460.520}
a) Operating a vehicle in violation of an Out-of-Service Order is a petty offense punishable by a $1,000 fine.
b) No emergency vehicle may be placed out-of-service.
c) The Secretary of State, Department of State Police and other law enforcement officers shall enforce this Section. [625 ILCS 5/13-109.1]
**History**
- *Source: Amended at 48 Ill. Reg. 16576, effective October 29, 2024*
##### **92 Ill. Adm. Code 460.600** Diesel Emission Inspection Waiver Requirements for Failing Inspection and Reinspection {#sec-460.600 omnilex-key=us-il-regs-official--title-92--460.600}
a) A Diesel Emission Inspection Certificate of Waiver for Failing Inspection and Reinspection shall be issued by the Department for a diesel-powered vehicle to its owner/operator who demonstrates that the vehicle meets the applicable waiver requirements of subsection (b) of this Section.
b) A vehicle subject to inspection under this Part that has failed a diesel emission inspection and reinspection shall be eligible for a waiver from meeting the diesel emission requirements of this Part upon proof to the Department of compliance with all of the following:
1) After failing an initial inspection and reinspection, the vehicle has failed to achieve compliance with the applicable vehicle diesel emission inspection standards set forth in this Part.
2) A minimum expenditure of $3,000 in diesel emission related repairs, exclusive of tampering-related repairs, has been made. [625 ILCS 5/13-109.1]
3) The vehicle has received all repairs and adjustments for which it is eligible under any diesel emission performance warranty provisions.
4) The vehicle owner/operator certifies to the Department that the diesel emission control devices are present and appear to be properly connected and operating.
5) Repairs are conducted by a recognized repair technician, as defined in Section 460.110.
6) Evidence of repair is presented to the Department consisting of signed and dated receipts identifying the vehicle and describing the work performed and amount charged for eligible diesel emission-related repairs.
c) If the Department determines that an applicant for a waiver has not complied with all applicable waiver criteria set forth in subsection (b) of this Section, the waiver request will be denied. The Department will provide to the applicant a written statement via U.S. mail containing the reason for the denial.
d) If the Department determines that an applicant for a waiver has complied with all waiver criteria set forth in subsection (b) of this Section, the waiver shall be issued. The Department shall provide the applicant a Diesel Emission Inspection Certificate of Waiver for Failing Inspection and Reinspection via U.S. mail containing a description of the vehicle, including the manufacturer's vehicle identification number, and the issuance date of the waiver. The Certificate of Waiver must be kept in the vehicle as proof of diesel emission inspection compliance. Certificates of Waiver do not expire.
##### **92 Ill. Adm. Code 460.605** Diesel Emission Inspection Waiver Requirements for an Ungoverned Vehicle {#sec-460.605 omnilex-key=us-il-regs-official--title-92--460.605}
a) The owner/operator of a diesel-powered vehicle subject to this Part that was manufactured without a device to govern engine revolutions per minute (RPM) shall be eligible for a Diesel Emission Inspection Certificate of Waiver for an Ungoverned Vehicle. The diesel-powered vehicle will be exempt from meeting the diesel emission requirements of 625 ILCS 5/13-109.1 upon receipt by the Department of a letter from the vehicle manufacturer or dealer affirming that the vehicle was manufactured ungoverned. The letter must be on paper bearing the letterhead of the manufacturer or dealer of the vehicle in question.
b) If the Department determines that an applicant for a waiver has not complied with the waiver criterion set forth in subsection (a) of this Section, the waiver request will be denied. The Department will provide to the applicant a written statement via U.S. mail containing the reason for the denial.
c) If the Department determines that an applicant for a waiver has complied with the waiver criterion set forth in subsection (a) of this Section, the waiver shall be issued. The Department shall provide the applicant a Diesel Emission Inspection Certificate of Waiver for an Ungoverned Vehicle via U.S. mail containing a description of the vehicle, including the manufacturer's vehicle identification number and the issuance date of the waiver. The Certificate of Waiver must be kept in the vehicle as proof of diesel emission inspection compliance. Certificates of Waiver do not expire.
##### **92 Ill. Adm. Code 460.610** Grievance Procedures {#sec-460.610 omnilex-key=us-il-regs-official--title-92--460.610}
a) Any person aggrieved by a decision regarding the failure of a diesel emission reinspection at a Station or the denial of a waiver from the Department may petition the Department, which will investigate the matter.
b) Grievances shall be filed in writing with the Department no more than 30 days after the decision made by the Department. The grievance shall contain the reason for the grievance; general information about the vehicle (i.e., make, model, and year); and a contact person's name, address and telephone number.
c) The Secretary or the Secretary's designee will appoint a Department employee to investigate every grievance submitted to the Department in accordance with this Part. The vehicle is declared out-of-service during the duration of the investigation.
d) The Department's investigation will be concluded within 45 days after the receipt of the grievance by the Department.
e) Within the 45-day investigation period, the Department will issue written notification to the petitioner and the Official Testing Station, if applicable, indicating the Department's determination as to the correctness or incorrectness of the decision that precipitated the grievance.
f) The Department's written notification will include a statement of the facts relied upon and technical issues decided by the Department in making its determination. The Department's determination is considered administratively final.
##### **92 Ill. Adm. Code 460.620** Replacement of Diesel Emission Inspection Report {#sec-460.620 omnilex-key=us-il-regs-official--title-92--460.620}
a) A replacement Diesel Emission Inspection Report may be obtained by submitting a written request for a replacement card along with a check or money order in the amount of $5 made payable to: Treasurer, State of Illinois. No cash will be accepted.
b) The written request must contain general information about the vehicle (i.e., VIN, make, model and year), as well as a contact person's name, address, and telephone number. The replacement Diesel Emission Inspection Report will expire on the same date the original report was scheduled to expire.
c) All replacement requests shall be submitted to:
Illinois Department of Transportation
Bureau of Investigation and Compliance
2300 South Dirksen Parkway
Springfield, Illinois 62764
DOT.VehicleInspectionUnit@illinois.gov
**History**
- *Source: Amended at 48 Ill. Reg. 16576, effective October 29, 2024*
### **Subchapter f** Highways
#### **Part 510** Policy Governing Protective Fencing on Overpasses and Approval Procedures for These Facilities Over Roads Within the Jurisdiction of the Division of Highways
##### **92 Ill. Adm. Code 510.10** Hazard {#sec-510.10 omnilex-key=us-il-regs-official--title-92--510.10}
The hazard to highway users resulting from objects being dropped or thrown from overhead crossings has increased significantly; hence, procedures are necessary to further protect the highway users from "bombing" from overpasses on urban highways.
##### **92 Ill. Adm. Code 510.20** Responsibility of the District Engineer {#sec-510.20 omnilex-key=us-il-regs-official--title-92--510.20}
It will be the responsibility of the District Engineer to evaluate the hazard that might result to the highway users from objects being thrown or dropped from overhead crossings. This evaluation should include (for existing overhead crossings) all reported instances available from police or other qualified local agency records. If, in the judgement of the District Engineer, sufficient justification exists for furnishing protective fencing on existing or proposed construction, he will advise the local agency of his recommendation and if it concurs with the cost apportionment cited herein, he will submit his recommendation along with supporting documentation to the Bureau of Bridges and Structures for incorporation into construction plans.
##### **92 Ill. Adm. Code 510.30** Sufficient Justification {#sec-510.30 omnilex-key=us-il-regs-official--title-92--510.30}
It should be considered sufficient justification for protective fencing on existing bridges if police or other qualified local agency sources provide a record of incidents. For new structures, the District Engineer must depend on previous experience for similar existing locations wherein he anticipates it will serve comparable volumes and types of pedestrian traffic.
##### **92 Ill. Adm. Code 510.40** Maintenance of Protective Fencing {#sec-510.40 omnilex-key=us-il-regs-official--title-92--510.40}
In all cases, the maintenance of protective fencing as installed will be included as part of the standard maintenance agreement now obtained with local agencies. For existing structures, the maintenance for protective fencing if installed will be added to the existing maintenance agreement in force with the local agency.
##### **92 Ill. Adm. Code 510.50** Cost Apportionment {#sec-510.50 omnilex-key=us-il-regs-official--title-92--510.50}
For existing overcrossings, cost apportionment for protective fencing will be 50 percent Federal, 25 percent State and 25 percent local agency. For proposed construction of Interstate highways, cost apportionment will be 90 percent Federal, 5 percent State and 5 percent local agency. For new construction on other State highways, participation ratios will be the same as indicated for existing overcrossings. The length of the railing plus the length of end abutment rail posts, if applicable, shall be the project limit for division of cost. Any additional fencing shall be the financial responsibility of others for design, construction and maintenance.
##### **92 Ill. Adm. Code 510.60** Pedestrian Bridges {#sec-510.60 omnilex-key=us-il-regs-official--title-92--510.60}
Pedestrian bridges shall provide protective fencing as a part of the initial construction with cost apportionment the same as the pedestrian crossing itself.
##### **92 Ill. Adm. Code 510.70** Effective Date {#sec-510.70 omnilex-key=us-il-regs-official--title-92--510.70}
This policy is effective immediately.
#### **Part 518** Relocation Assistance Services and Payments Program for State Highway Projects
##### **92 Ill. Adm. Code 518.10** Purpose {#sec-518.10 omnilex-key=us-il-regs-official--title-92--518.10}
The purpose of this Part is to establish policies and procedures for the Illinois Department of Transportation, Division of Highways, when applying the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (the Uniform Act) (42 USC 4601 et seq.) to highway projects for which the State intends to provide State or federal financial assistance and that involve the displacement of persons, businesses, farm operators or nonprofit organizations. This Part establishes a means of providing relocation services and of making moving cost payments, replacement housing cost payments, and other expense payments to persons, businesses, farm operators or nonprofit organizations displaced as a result of programs designed for the benefit of the public. It is also designed to assure compliance with the federal requirements of the Uniform Act and the federal rules titled Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs (49 CFR 24) to assure federal participation on federally-aided projects.
##### **92 Ill. Adm. Code 518.20** Definitions {#sec-518.20 omnilex-key=us-il-regs-official--title-92--518.20}
The following definitions are in addition to those found in the incorporated material in Section 518.30 and apply for purposes of this Part:
"Central Bureau of Land Acquisition" − means the office of the Division responsible for developing, evaluating and interpreting the policies and procedures for planning and implementing the statewide land acquisition program and for advising, guiding and assisting the Regional Engineers and the districts on all program policies.
"Director" − means the Director of the Division of Highways or the Director's designee.
"District" − means a geographic subgroup of the Division of Highways. Each district has its own land acquisition office or bureau.
"Division" − means the Illinois Department of Transportation, Division of Highways.
"Regional Engineer" − means the Regional Engineer of any one of the 5 regional offices of the Division of Highways or the Regional Engineer's designee. A Regional Engineer is responsible for all actions within a region, which is comprised of one or two districts.
##### **92 Ill. Adm. Code 518.30** Incorporation by Reference {#sec-518.30 omnilex-key=us-il-regs-official--title-92--518.30}
This Part incorporates by reference 49 CFR 24, except subpart B, as of October 1, 2007, that is the basis and guideline for the development of the Division's policy for highway projects for which federal financial assistance may be requested and for relocation assistance advisory services and payments for persons, businesses, farms or nonprofit organizations displaced as a result of those projects. 49 CFR 24 is incorporated as a part of this Part and is effective as indicated, not including any later amendments or editions. Copies of the appropriate materials are available from the Division of Highways, Central Bureau of Land Acquisition, Room 210, 2300 South Dirksen Parkway, Springfield , Illinois 62764 or by calling 217/782-6243.
##### **92 Ill. Adm. Code 518.40** Review Procedures {#sec-518.40 omnilex-key=us-il-regs-official--title-92--518.40}
Any aggrieved person may file a written request for review with the Regional Engineer in any case in which the person believes that the District has failed to properly consider his/her eligibility for relocation assistance advisory services or payments, or the amount of a payment required under this Part.
a) If relocation assistance advisory services, payments, or the amount of the payment is denied, in whole or in part, the District will notify the aggrieved person in writing of the denial or revised amount of the claim, including the basis for the District's determination. The written notification will also inform the person of his/her right to request a review of the determination by the Regional Engineer and will include the procedures to be followed when requesting a review.
b) An aggrieved person may file a written request for review within 90 calendar days after receipt of written notification of the District's determination. The request for review shall be filed with the Regional Engineer at the address provided in the written notification. If the aggrieved person does not file a request for review within 90 calendar days after receipt of written notification of the District's determination, the aggrieved person shall be deemed to have waived his/her opportunity to file a request for review. In that case, the determination will stand and the Division will take appropriate action to implement the determination and/or process the approved amount of the claim, if any, for payment. A written request for review will be considered regardless of form.
1) Upon receipt of the request for review, the Regional Engineer will assign a date and place for the review meeting. Written notification of the date and place will be provided to the aggrieved person by certified mail, return receipt requested, at least 10 days prior to the scheduled date for review. The Regional Engineer cannot have been directly involved in the actions being reviewed.
2) Prior to the review, the aggrieved person will be permitted to inspect and copy all materials pertinent to his/her review, except materials that are classified as confidential.
3) The aggrieved person, or a representative, will be afforded a full opportunity to be heard and to present information or documentation in support of his/her position. Representation by another person will be at the sole expense of the aggrieved person.
4) The Regional Engineer will render a decision based upon the facts presented and the law. Written notification of the decision will be sent by certified mail, return receipt requested, within 30 calendar days after the date of the review.
5) If the Regional Engineer's decision upholds the denial of eligibility for relocation assistance advisory services or payments, in whole or in part, the written notification will detail the reasons supporting the denial and will also advise the aggrieved person of his/her right, if dissatisfied with the decision, to request a final review by the Director. If the aggrieved person does not request a final review within 30 calendar days after written notification of the decision, the aggrieved person shall be deemed to have waived his/her opportunity to file a request for a final review. In that case, the Regional Engineer's decision will stand and the District will take appropriate action to implement the decision and/or process the approved amount of the claim, if any, for payment.
c) An aggrieved person may request a final review by notifying the Regional Engineer in writing at the address provided in the written notification of the decision. The Regional Engineer will forward the request to the Director. A written request for final review will be considered regardless of form.
1) Upon receipt of the request for a final review, the Director will assign a date and place for the final review meeting. Written notification of the date and place of the final review will be provided to the aggrieved person by certified mail, return receipt requested, at least 10 days prior to the scheduled date of the final review. The Director cannot have been directly involved in the action being reviewed.
2) The aggrieved person, or representative, will be afforded a full opportunity to be heard and to present information or documentation in support of his/her position. Representation by another person will be at the sole expense of the aggrieved person.
3) The disposition of the final review will be based upon the facts presented and the law. Written notification of the final decision and the reasons supporting the decision will be sent by certified mail, return receipt requested, within 30 calendar days after the date of the final review. The District will take appropriate action to implement the Director's determination and/or process the approved amount of the claim, if any, for payment.
4) The Director's decision is final. The aggrieved person will be advised of his/her right to seek redress through judicial review.
d) The Director may extend any time period provided in this Part for up to 30 days upon written request from either the aggrieved person or the Regional Engineer.
#### **Part 520** Control of Junkyards and Scrap Processing Facilities in Areas Adjacent to the Federal-Aid Interstate and Federal-Aid Primary Systems of Highways in Illinois
##### **92 Ill. Adm. Code 520.10** Purposes {#sec-520.10 omnilex-key=us-il-regs-official--title-92--520.10}
a) The 75th General Assembly in "An Act relating to the control, location, fencing and acquisition of junkyard and scrap processing facilities in areas adjacent to the Federal-Aid Interstate and Federal-Aid Primary Systems of Highways in Illinois" approved and effective July 24, 1967, has declared that:
"For the purpose of promoting the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is declared to be in the public interest to regulate and restrict the establishment, operation, and maintenance of junkyards or scrap processing facilities in areas adjacent to the Federal-Aid Interstate and Federal-Aid Primary Systems of Highways within this State. Junkyards or scrap processing facilities which do not conform to the requirements of this Act are declared to be public nuisances."
b) The purpose of these rules is to provide standards which shall be applied to the control of junkyards and scrap processing facilities as required by the Act.
##### **92 Ill. Adm. Code 520.20** Definitions {#sec-520.20 omnilex-key=us-il-regs-official--title-92--520.20}
The following terms when used in these rules have the following meanings:
"Automobile Graveyard" means any establishment or place of business which is maintained, used, or operated for storing, keeping, buying or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.
"Business"
Inclusions
Business may be an inclusive term but specifically designates the activities of those engaged in the purchase or sale of commodities or in related financial transactions, including transactions taken in anticipation of future benefits, or for a profit.
In addition, a business shall include activities licensed by the Secretary of State pursuant to the Illinois Vehicle Code (Ill. Rev. Stat. 1981, ch. 95½, par. 5-100) or bearing a Retail Occupations Tax Number from the Department of Revenue pursuant to the Retailers Occupation Tax Act (Ill. Rev. Stat. 1981, ch. 120, par. 440).
Other Criteria
A business may be in existence without the criteria in the above two paragraphs being met. Such activities will have to be judged on the basis of the individual facts.
The Department will classify such an activity as a business if:
It buys, sells, stores, or keeps junk with the intent of future benefits, and/or
The junk deposit on the land was owned by someone other than the land owner prior to deposit.
"Conforming Yard" means one that is in compliance with the Recyclers and Junkyard Control Act. This includes:
those established since July 24, 1967, in compliance with the Act;
those established before July 24, 1967 which have since been screened to comply with the Act;
those located within zoned or unzoned industrial areas; or
those not visible from the main traveled way.
"Department" means the Illinois Department of Transportation.
"Discontinued", "Destroyed", or "Abandoned" means a yard in which no one claims an interest in the material deposited thereon.
"Effective Screening" pursuant to 1975 requirements, does not necessarily mean 100% screening, but it must be screened so as not to be visible from the main traveled way so that the passing motorist is unaware of the presence of material in the yard.
"Establish" means to create or bring into being, but does not include the foregoing when an existing yard is enlarged to contiguous property due to normal business activity.
"Establishment" means a place of residence or business. For the purpose of this Act, a residence means one from which a yard is being operated or one used in conjunction with that yard.
"Illegal Yard" shall be any yard established after July 24, 1967, in violation of the Illinois Recyclers and Junkyard Control Act or any yard outside of an industrial area in which junk becomes visible from the main traveled way after the yard has been brought into compliance with the Act.
"Industrial Activities" means those activities permitted only in industrial zones by the nearest zoning authority within the State, or generally recognized as industrial by other zoning authorities within the State, except that none of the following shall be considered industrial activities for the purpose of establishing an unzoned industrial area:
Outdoor advertising structures.
Agricultural, forestry, ranching, grazing, farming, and related activities, including, but not limited to grain elevators, metal grain storage bins, and wayside fresh produce stands.
Activities normally and regularly in operation less than three months of the year.
Transit or temporary activities.
Activities not visible from the traffic lanes of the main traveled way.
Activities more than 300 feet from the nearest edge of the main traveled way.
Activities conducted in a building principally used as a residence.
Railroad tracks, minor sidings, and passenger depots.
Junkyards, as defined in the Highway Beautification Act of 1965 (23 U.S.C. 136).
"Junk" means old scrap, copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.
"Junkyard" means an establishment or place of business which is maintained, operated or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.
"Main Traveled Way" means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main traveled way. It does not include such facilities as frontage roads, turning roadways, or parking areas.
"Nonconforming Yard" means a yard which was in existence prior to July 24, 1967; but
is not located within a zoned or unzoned industrial area;
has not yet been made conforming by screening or removal to comply with the Act; or
those which were established after July 24, 1967, and were screened in compliance with the standards at that time but do not meet the revised screening standards.
A nonconforming yard that was in existence as of July 24, 1967, but has since expanded to additional contiguous land, either owned as of July 24, 1967, or subsequently acquired, is classified as a nonconforming yard in its entirety.
"Recyclers and Junkyard Control Act" is used in these Rules to mean the legislation approved by the Illinois General Assembly entitled "An Act Relating to the Control, Location, Fencing, and Acquisition of Junkyards and Scrap Processing Facilities in Areas Adjacent to the Federal-aid Interstate and Federal-aid Primary System of Highways in Illinois" approved and effective July 24, 1967.
"Scrap Processing Facility" means any establishment having facilities for processing iron, steel, nonferrous scrap, mineral wastes or slag, and whose principle produce is scrap iron, steel, or nonferrous scrap for sale for remelting or recycling purposes only.
"Screening" means the use of any vegetative planting, fencing, ornamental wall of masonry, or other architectural material, earthen embankment, or a combination of any of these.
"Unzoned Industrial Area" means the land occupied by the regularly used building, parking lot, storage or processing area of an industrial activity, and that land within 1000 feet thereof which is:
Located on the same side of the highway as the principal part of said activity, and
Not predominantly used for residential or commercial purposes, and
Not zoned by State or local law, regulation or ordinance.
"Visible" means capable of being seen at normal driving speed without visual aid by persons of normal visual acuity.
"Written Notice or Written Notification"
"Written notice or written notification" of the voiding of a permit means notice of the date, time, location and type of a hearing to be afforded the permittee before voiding of the permit; or
"Written notice or written notification" of the requirement to obtain or renew a permit means notice of the date, time, location and type of a hearing to be afforded the operator before legal action will be taken.
"Yard" as used in these Rules shall mean any and all of the activities defined in the above paragraphs "junkyard," "automobile graveyard" and "scrap processing facility".
"Zone of Control" means all areas inside the boundaries of this State which are adjacent to and within one thousand feet of the edge of the right of way of any controlled portions of the Federal Aid Interstate and Federal Aid Primary Highway Systems. Any revision in right of way limits after initial control is obtained will require a similar revision in the control area.
"Zoned Industrial Area" means any area zoned industrial by an official zoning authority of the State.
##### **92 Ill. Adm. Code 520.30** Measurements of Distance {#sec-520.30 omnilex-key=us-il-regs-official--title-92--520.30}
a) Distance from the edge of a right of way shall be measured horizontally along a line normal or perpendicular to the centerline of the highway.
b) Distance along the highway shall be measured along the centerline of the highway.
##### **92 Ill. Adm. Code 520.40** Establishment of New Yards {#sec-520.40 omnilex-key=us-il-regs-official--title-92--520.40}
No one shall establish a junkyard or scrap processing facility within the zone of control unless it is:
a) Located within a zoned or unzoned industrial area, or
b) located outside of a zoned or unzoned industrial area, but screened so as not to be visible from the main traveled way.
##### **92 Ill. Adm. Code 520.50** Yards in Existence as of July 24, 1967 {#sec-520.50 omnilex-key=us-il-regs-official--title-92--520.50}
Yards which were legally in existence as of July 24, 1967, if located outside of a zoned or unzoned industrial area, will be screened from view or removed to a conforming location by the Department of Transportation or the Department may make such arrangements as are necessary to accomplish the screening or removal.
##### **92 Ill. Adm. Code 520.60** Permits {#sec-520.60 omnilex-key=us-il-regs-official--title-92--520.60}
a) No one shall establish a junkyard, any portion of which is within 1000 feet of the nearest edge of the right of way of a controlled highway, without first obtaining a permit from the Illinois Department of Transportation.
b) Issuance of Permits
1) Yards in zoned or unzoned industrial areas which were in existence as of July 24, 1967, must obtain a permit within 30 days after notice from the Department.
2) Yards located outside of zoned or unzoned industrial areas which were in existence as of July 24, 1967, will be issued a permit after they have been screened or relocated to a conforming area.
c) When a yard is operated under (a) or (b) above without a valid permit or an operator fails to renew a permit subsequent to written notification, the Department shall take whatever legal action is necessary to abate the nuisance.
d) Renewal of Permits
1) Permits must be renewed by the owner by January 1st of each year subsequent to their initial issuance. Each yard will be inspected prior to renewal of the permit, and, if it is found to no longer be in compliance with the Act or these Rules, the existing permit will become void upon written notification by the Department.
2) When a permit is voided, a new permit will not be issued until such corrective action as necessary is taken by the owner or owners to bring the yard into compliance. If, after a reasonable length of time, the yard is not brought into compliance, the Department shall take whatever legal action is necessary to abate the nuisance created by noncompliance.
e) The application for a permit or the permit renewal shall be requested by completing the "Application for Junkyard or Scrap Processing Facility Permit for Federal-Aid Primary or Interstate Highway" form and submitting it to the responsible District office of the Department of Transportation.
f) The Department shall not charge for the permit or the permit renewal.
##### **92 Ill. Adm. Code 520.70** Completion of the Permit Form {#sec-520.70 omnilex-key=us-il-regs-official--title-92--520.70}
a) If the proposed yard is to be located in a zoned or unzoned industrial area, the application for a permit for all new yards to be located in a zoned or unzoned industrial area shall include the following:
1) Names. The name and address of the owner or owners of the yard and the name and address of the yard, if different from the owners. The name and address of the owner of the real estate is also to be furnished if different than the owners of the business.
2) Location Map. A simple location map showing the location of the junkyard or scrap processing facility in relation to the adjacent Interstate or Primary Route. Such location map shall indicate the direction of north with a north point or arrow, shall show the dimensions of the tract of land, and shall show the distance from the nearest town or city limits or from the nearest intersecting route.
3) Junk Deposit Area. If the tract shown on the location map is larger in area than the space proposed for the deposit of junk, that portion proposed for the deposit of junk shall be cross-hatched and its dimensions shown. Any deposit of junk beyond this area will not be permitted unless a new permit is granted by the Department.
4) Area Type. If the location is zoned industrial, the name of the controlling authority shall be supplied. If the location is not zoned but within 1000 feet of an industrial activity, the distance from the activity and the name of the activity shall be supplied.
b) If the proposed yard is to be located outside of a zoned or unzoned industrial area, the application for a permit for all new yards to be located outside of a zoned or unzoned industrial area shall include the following:
1) Names. The name and address of the owner or owners of the yard and the name and address of the yard if different from the owners. The name and address of the owner of the real estate is also to be furnished if different than the owners of the business.
2) Location Map. A simple location map showing the location of the junkyard or scrap processing facility in relation to the adjacent Interstate or Primary Route and the location of any necessary screening material. The location map shall also indicate which direction is north, shall show the dimensions of the tract of land, and shall show the distance from the nearest town or city limits or from the nearest intersecting highway route.
3) Junk Deposit Area. If the tract shown on the location map is larger in area than the space proposed for the deposit of junk, that portion proposed for the deposit of junk shall be cross-hatched and its dimensions shown. Any deposit of junk beyond the screened area will not be permitted unless a new permit is granted by the Department. Such new permit shall require screening similar to, and in harmony with, the screening method used on the original permit.
4) Plan for Screening.
A) The owner or owners of any junkyard or scrap processing facility shall submit a plan drawn to scale indicating how screening is to be accomplished. Such plan shall show the construction details of the screening to be used.
B) The screening shall be located on the owner's land and not on any part of the highway right of way and should be compatible with the surroundings. The screen shall be in place prior to the time the junk is deposited.
C) A letter authorizing the owner to proceed with the screening project will be issued subsequent to the approval of the proposed yard location and screening plan; however, the permit will not be approved and issued until after the screening material is in place.
##### **92 Ill. Adm. Code 520.80** Acceptable Screening Materials {#sec-520.80 omnilex-key=us-il-regs-official--title-92--520.80}
a) Fencing Materials.
1) Subject to the approval of the Department, acceptable fencing shall include fences of steel or other metals, durable woods such as tide water cypress, redwood, or other wood treated with a preservative, or walls of masonry. Some of the types acceptable are:
A) Chain link type with aluminum, steel, plastic, or wooden slat inserts.
B) Wooden types with basket weave, palisade, louver, or other suitable design.
C) Walls of masonry including plain or ornamental concrete block, brick, stone, or other suitable masonry material.
2) The above types of fencing and walls are given as examples only. Any other design of fencing constructed of other materials may be submitted for consideration.
b) Plant Material.
1) Plant material shall be used to complement artificial screening except where it is not feasible to do so as determined by the Department. Unless it can effectively screen the yard on a year around basis plants cannot be used as the sole screening material.
2) Plant materials indicated on the plans submitted for a permit shall specify the name of the plant materials to be used, the size at the time of planting, and the spacing between plants. All plant material shall be taken from nurseries located within, or north of, Zone 6 of the climatic map as shown in Rehder's "Manual of Cultivated Trees and Shrubs", published in 1940. A copy of this climatic map is available at any Department District Office.
##### **92 Ill. Adm. Code 520.90** Maintenance {#sec-520.90 omnilex-key=us-il-regs-official--title-92--520.90}
a) The owner or owners of any junkyard or scrap processing facility shall maintain in an acceptable condition the screening for his junkyard, regardless of who established it initially, performing such painting and repairs as is required to keep any fences, walls or other structural material in good condition and appearance. Plant material shall be watered, cultivated, and/or mulched, and given any required maintenance including spraying for insect control, to keep the planting in a good healthy condition. Dead plant material shall be replaced during the next spring or fall planting season following death of the material. The replacement plants shall be at least as large as the initial planting. The screening shall be maintained so that the yard is effectively screened as long as the business is in existence.
b) Failure to maintain the screening in an acceptable condition shall result in the revoking of the junkyard or scrap processing facility owner's permit upon written notification and the Department shall take whatever legal action is necessary to cause the owner of such junkyard or scrap processing facility to provide such maintenance of the screening to the satisfaction of the Department or to abate the nuisance created by the junkyard which is not in compliance with the Act.
c) Extension Beyond Fencing. Any junkyard or scrap processing facility lawfully in existence on the effective date of this Act and screened from view from the highway by the Department, or any yard established after the effective date and screened by the owner may not be extended beyond or above such screening so as to have junk visible from the main traveled way of the highway. Any such visible junk will cause the facility to be in violation of its permit and these regulations and the permit will become void upon written notification by the Department.
d) The Department shall then take whatever legal action is necessary to abate the nuisance created by the junkyard which is not in compliance with the Act.
#### **Part 522** Control of Outdoor Advertising Adjacent to Primary and Interstate Highways
##### **92 Ill. Adm. Code 522.10** Purpose {#sec-522.10 omnilex-key=us-il-regs-official--title-92--522.10}
The purpose of this Part is to provide the procedures for registrations, permit applications and revocations and the requirements for the erection and maintenance of signs along interstate or primary highways in Illinois.
##### **92 Ill. Adm. Code 522.20** Definitions {#sec-522.20 omnilex-key=us-il-regs-official--title-92--522.20}
"Act" means the Highway Advertising Control Act of 1971 [225 ILCS 440].
"Affiliate" means a company that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, another company.
"Air mile" means a distance of one mile as measured horizontally along a straight line between the sign and activity advertised.
"Business Area" means any part of an area adjacent to and within 660 feet of the right-of-way which is at any time zoned for business, commercial or industrial activities under the authority of any law of this State; or not so zoned, but which constitutes an unzoned commercial or industrial area. However, as to signs along Interstate highways, the term "business area" includes only areas which are within incorporated limits of any city, village, or incorporated town, as such limits existed on September 21, 1959, and which are zoned for business, industrial or commercial use, or to portions of Interstate highways which traverse other areas where the land use, as of September 21, 1959, was clearly established by State law as business, industrial or commercial. (Section 3.12 of the Act [225 ILCS 440/3.12]) Areas which were zoned as of September 21, 1959 and were not specifically zoned for business, commercial or industrial use as of September 21, 1959 and were outside corporate limits on that date will not be considered business areas along Interstate highways. However, an area zoned for business, commercial or industrial activities that is adjacent to and within 660 feet of an Interstate highway and that is in Township 41 North, Range 10 East of the Third Principal Meridian shall be deemed a business area along Interstate highways. [225 ILCS 440/3.12] (See PA 95-0340, effective January 1, 2008.) Areas which were unzoned on September 21, 1959 may qualify as business areas along Interstate highways if the applicant can show, based on contemporaneous historical records of State actions (e.g., State sales tax records, required State license fees, etc.) that the land on September 21, 1959 was and has continuously been used as business, commercial or industrial. Land unzoned on September 21, 1959, used for agricultural and/or farming activities, including but not limited to forestry, ranging, mining and mineral extraction activities, grazing, wayside produce stands and grain storage bins, will not be considered as business, commercial or industrial land uses for purposes of this Part. Additionally, unzoned land used for railroad tracks and minor sidings; transient or temporary activities not involving permanent buildings or structures; outdoor advertising structures; activities not visible from the main-traveled way; activities conducted in a building principally used as a residence (if the ground floor of the building is more than 50% residence); and activities located in buildings that are not integral to the business operation or that are used to store trade equipment and where business transactions do not take place will not be considered as business, commercial or industrial land uses.
"Code" means the Illinois Highway Code [605 ILCS 5].
"Commercial or industrial activities," as used in the definition of "business area" and "unzoned commercial or industrial area," means those activities located within 660 feet of the nearest edge of the highway right-of-way generally recognized as commercial or industrial by zoning authorities in this State, such as land use devoted to commerce, industry, trade, manufacturing, highway service, highway business, warehouses, offices or similar uses, but for the purpose of determining unzoned commercial and industrial areas does not include the following:
Agricultural, forestry, ranging, mining and mineral extraction activities, grazing and farming activities, including wayside fresh produce stands and grain storage bins;
Railroad tracks and minor sidings;
Transient or temporary activities not involving permanent buildings or structures;
Activities that are conducted in a building that is used to store trade equipment or that is not integral to the business operation where actual business transactions take place;
Outdoor advertising structures;
Activities not visible from a main-traveled way; and
Activities conducted in a building principally used as a residence (if the ground floor of the building is more than 50% residence). (Section 3.10 of the Act)
"Damaged signs" means signs that require repair beyond normal maintenance.
"Department" means the Illinois Department of Transportation.
"Directional signs" means signs containing directional information about public places owned or operated by Federal, State or local governments or their agencies; publicly or privately owned natural phenomena; historic, educational, cultural, scientific and religious sites; areas of natural or scenic beauty; or areas naturally suited for outdoor recreation which are deemed to be in the interest of the traveling public.
"Director" means the Director of the Division of Highways or the Director's designee.
"District" means any one of the District offices of the Department's Division of Highways. (See Illustration M.)
"Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish; but does not include any of the foregoing activities when performed as an incident to the change of advertising message or normal maintenance or repair of a sign or sign structure. For the purposes of this definition, the following shall not constitute normal maintenance or repair of a sign or sign structure: replacing more than 60% of the uprights, in whole or in part, of a wooden sign structure; replacing more than 30% of the length above ground of each broken, bent, or twisted support of a metal sign structure; raising the height above ground of a sign or sign structure; making a sign bigger; adding lighting; or similar activities that substantially change a sign or make a sign more valuable. (Section 3.08 of the Act)
"Expressway" means a primary highway constructed either as a freeway or tollway which has complete control of access. (See Illustration A.) (Section 3.04 of the Act)
"Federal, State or local law" means a Federal or State constitutional provision or statute, or an ordinance, rule or regulation enacted or adopted by a State or Federal agency or a political subdivision of a State pursuant to Federal or State constitution or statute.
"Illegal Signs" means signs not in compliance with this Part.
"Interchange" means a system of interconnecting roadways in conjunction with one or more grade separations, providing for the movement of traffic between two or more roadways on different levels.
"Interstate highway" means any highway, including a tollway, designated by the Department and approved by the United States Department of Transportation as a part of the National System of Interstate and Defense Highways. A highway becomes a part of the National System of Interstate and Defense highways upon the date of approval of the Route Location Decision and the approval of the addition of the highway to the National System of Interstate and Defense Highways by the Governor and the United States Department of Transportation. (Section 3.02 of the Act)
"Main-traveled way" means the traveled way (i.e., pavement) of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main-traveled way. It does not include such facilities as frontage roads, turning roadways, or parking areas. (Section 3.05 of the Act)
"Maintain" means to allow to exist and includes the periodic changing of advertising messages as well as the normal maintenance or repair of signs and sign structures. (Section 3.06 of the Act)
"Multiple Message Sign" means an outdoor advertising sign that displays a series of message changes, regardless of the technology used. A multiple message sign provides for a fixed message of at least ten seconds in length with a transition time between message changes of three seconds or less. Multiple message signs contain a default design that will freeze the message in one position if a malfunction occurs.
"Municipality" means a city, village, or incorporated town in the State of Illinois, but, "municipal" or "municipality" does not include a township, town when used as the equivalent of a township, incorporated town which has superseded a civil township, county, school district, park district, sanitary district or any other similar governmental district. (Section 3.09 of the Act)
"National Highway System" means the designation provided to certain highways by the Department, which designation must be approved by the United States Department of Transportation and the United States Congress for the purpose of providing an interconnected system of principal arterial routes that serve major population centers, international border crossings, ports, airports, public transportation facilities, other major travel destinations, and interstate and inter-regional travel and meet national defense requirements. (Section 3.15 of the Act)
"Non-conforming sign and/or sign structure" means a registered sign and/or sign structure lawfully in existence as of the effective date of the Highway Advertising Control Act (July 1, 1972), but which thereafter does not conform with the provisions of the Act. The term also includes a lawful sign and/or sign structure rendered non-conforming by its subsequently becoming subject to the terms of the Act, including but not limited to its being adjacent to a highway, and not in a business area, that subsequently comes under control of the Act or a sign and/or sign structure that is rendered non-conforming by subsequent amendment to the Act (except that sign and/or sign structures subject to the amendments of Section 6.01 (Size) and 6.03 (Spacing) of the Act by Public Act 87-1205 shall not be rendered non-conforming, the text of this definition notwithstanding). A non-conforming sign and/or sign structure may be maintained, but neither a lawfully erected conforming sign and/or sign structure nor a lawfully erected non-conforming sign and/or sign structure may be compelled to be altered or removed under this Act until just compensation is paid to the sign and/or sign structure owner and the owner or owners of the property on which the sign and/or sign structure is erected.
"Official notices" means service club and religious notices and public service signs.
"Official signs" means signs erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in Federal, State or local law for the purposes of carrying out an official duty or responsibility. Historical markers authorized by State law and erected by State or local government agencies or non-profit historical societies are considered official signs.
"On premise signs" means those signs which advertise activities conducted on the property on which they are located. Variety seed signs, fertilizer signs, and other agricultural product signs are not on premise signs unless at least 50 percent of the sign face is devoted to identification of the farm owner or operator. A sale or lease sign which also advertises any product or service not located upon and unrelated to the business of selling or leasing the land on which the sign is located is not an on premise sign.
"Parkland" means any publicly owned land which is designed or used as a public park, recreation area, conservation area, wildlife or waterfowl refuge or historic site.
"Primary highway" means any highway, other than an Interstate highway, designated by the Department and approved by the United States Department of Transportation as a part of the Federal-Aid Primary System in existence on June 1, 1991 or any highway other than an Interstate highway that is not on such system that is on the National Highway System. (Section 3.03 of the Act)
"Public utility signs" means warning signs, informational signs, notices or markers which are erected and maintained by publicly or privately owned public utilities as essential to their operations.
"Responsible Local Officials" means in urbanized areas, principal elected officials of general purpose local governments acting through the Metropolitan Planning Organization designated by the Governor; or in urban areas not within any urbanized area, principal elected officials of general purpose local governments.
"Rest area" means an area or site established and maintained within or adjacent to the highway right-of-way by or under public supervision or control for the convenience of the traveling public.
"Right-of-way" includes all property, whether it is presently being used for highway purposes or not, either under the jurisdiction of the Department or owned in fee by the State of Illinois or dedicated to the People of the State of Illinois for highway purposes, for which the jurisdiction, maintenance, administration, engineering or improvement of any highway situated thereon has been contracted by the Department to any other highway authority pursuant to Section 4-409 of the Highway Code.
"Scenic area" means any area of particular scenic beauty or historical significance as determined by Federal, State or local officials having jurisdiction over said areas, and includes interests in land which have been acquired for the restoration, preservation and enhancement of scenic beauty.
"Scenic byway" means that portion of a highway that has been nominated by the Department to the United States Department of Transportation for designation as a National Scenic Byway or All-American Road, and that has received national designation. "Scenic byway" does not include a section of primary or Interstate highway that traverses a business area at the time of nomination, except in accordance with Section 14.02(a)(5) of the Act. (Section 3.16 of the Act)
"Secretary" means the Secretary of the Department.
"Service club and religious notices" means signs and notices relating to meetings of not for profit service clubs and charitable associations, or religious services.
"Sign" means any outdoor sign, display, device, notice, figure painting, drawing, message, placard, poster, billboard, or other thing, which is designated, intended or used to advertise or inform, and of which any part of the existing or intended advertising or informative contents is or will be visible from any place on the main-traveled way of any portion of an Interstate or primary highway and which is within 660 feet of the nearest edge of the right-of-way of such highway. (Section 3.07 of the Act)
"Sign" also means any sign described above which is more than 660 feet from the nearest edge of such highway right-of-way, outside of an urban area, visible from any place on the main-traveled way of any portion of such highway and erected with purpose of its message being read from such main-traveled way. (Section 3.07 of the Act)
"Sign Structure" means the assembled components which make up an outdoor advertising display, including but not limited to uprights, supports, display area and trim.
"Unzoned commercial or industrial area" means any area adjacent to the right-of-way of a primary highway or an Interstate highway for purposes of Section 522.210, not zoned by any county or municipality and which lies within 600 feet of any commercial or industrial activity. All measurements shall be from the outer edges of the regularly used buildings, parking lots, storage or processing areas of the activities, not from the property lines of the activities, and shall be along or parallel to the edge or pavement of the highway. On primary highways other than expressways, but not along Interstate highways for purposes of Section 522.210, where there is an unzoned commercial or industrial area on one side of the road in accordance with the preceding, the unzoned commercial or industrial area shall also include those lands directly opposite on the other side of the highway to the extent of the same dimensions except where such lands are publicly owned or controlled for scenic or recreational purposes. (See Illustration B.) (Section 3.11 of the Act)
"Urban area" means an urbanized area or, in the case of an urbanized area encompassing more than one state, that part of the urbanized area in each such state, or an urban place as designated by the Bureau of the Census of the United States having a population of 5,000 or more and not within any urbanized area, within boundaries to be fixed by responsible state and local officials in cooperation with each other, subject to approval by the Secretary of the United States Department of Transportation. Such boundaries shall, as a minimum, encompass the entire urban place designated by the Bureau of the Census. (Section 3.14 of the Act)
"Visible" means capable of being seen (whether or not legible) without visual aid by persons of normal visual acuity. (Section 3.13 of the Act)
**History**
- *Source: Amended at 35 Ill. Reg. 8523, effective May 17, 2011*
##### **92 Ill. Adm. Code 522.30** Signs Requiring Permits and Registrations {#sec-522.30 omnilex-key=us-il-regs-official--title-92--522.30}
The following types of signs may be erected and maintained only after a permit or registration has been issued by the Department. Further, existing signs erected pursuant to the
Act can only be re-erected or improved (any change that adds value to the sign) subsequent to the receipt of a permit (see Section 522.50, Permit Application Contents).
a) Signs along Interstate highways that advertise the sale or lease of property on which they are located;
b) On premise signs located along Interstate highways;
c) Signs located along Interstate highways that provide information relative to lodging, food, outdoor recreational facilities or automotive service facilities;
d) Signs in business areas other than directional signs, official signs, official notices, public utility signs, or those non-business area signs described in subsections (a), (b), and (c);
e) Any sign listed in subsections (a) through (d) that, after receiving a permit or a registration, is erected again, is enlarged or extended by the sign owner. These signs shall require new permits and payment of the application fee.
**History**
- *Source: Amended at 35 Ill. Reg. 8523, effective May 17, 2011*
##### **92 Ill. Adm. Code 522.40** Place of Filing {#sec-522.40 omnilex-key=us-il-regs-official--title-92--522.40}
The permit application or registration shall be filed with the Department office having jurisdiction over the area in which the sign is to be erected or is located. (See Illustration M.)
**History**
- *Source: Amended at 35 Ill. Reg. 8523, effective May 17, 2011*
##### **92 Ill. Adm. Code 522.50** Permit Application Contents {#sec-522.50 omnilex-key=us-il-regs-official--title-92--522.50}
a) The permit application shall be a form prescribed by the Department. The application shall require the applicant to provide specific information necessary for the Department to determine whether a permit should be issued.
b) The following additional documentation shall be attached to the permit application:
1) Verification as to the zoning classification for the proposed sign location. For proposed signs along Interstate highways, the documentation shall show whether the site lies within incorporated limits as they existed on September 21, 1959, and, if not, the land use as it was zoned on September 21, 1959. If the site was not zoned on September 21, 1959, or is not zoned now, this shall be stated.
A) Verification of zoning classification will consist of an ordinance, certification by the current zoning official and any other documentation that shows the zoning classification. The zoning certification must be submitted on the local governing agency's letterhead and must certify to the site's zoning classification as well as to the site's adherence to the September 21, 1959 criteria prescribed in subsection (b)(1) of this Section.
B) Zoning must be comprehensive. Signs will not be permitted on spot zoned land or land on which the only plausible commercial or industrial use is outdoor advertising.
C) When the application is for a site in a newly zoned commercial or industrial area and no commercial or industrial site development is evident, the zoning certification must certify to the site's pending commercial or industrial use. For purposes of this subsection (b)(1)(C), "newly zoned" means zoning that occurs from time-to-time when market conditions warrant a change of land use. As evidence of pending commercial or industrial use, the application shall include a site plan that has been approved by the local zoning authority. If an approved site plan does not exist, the application shall include a statement by the local zoning authority certifying to the existence of utilities, roads and streets necessary to support commercial or industrial development.
2) Illinois State Plane Coordinates or reference to latitude/longitude coordinates for the proposed location, as well as a site drawing of the proposed location. The site drawing for business area signs other than on premise signs and signs that advertise the sale or lease of property on which they are located shall contain at least the following information:
A) The exact location of the proposed sign.
B) The distance as measured along the edge of the highway pavement between the proposed sign and the nearest existing signs other than on premise signs and signs that advertise the sale or lease of property on which they are located, whether illegal or legal as long as the sign is visible from any place on the main traveled way of the highway regardless of which highway the sign's message is primarily intended to face and, in urban areas, is within 660 feet of the nearest edge of the highway right-of-way. Measured distances between the proposed sign and the nearest existing sign shall be as prescribed in the table in subsection (b)(3).
C) The distance between the proposed sign and the nearest edge of the highway right-of-way.
D) For signs located along interstate highways or expressways outside incorporated municipalities, the distance between the proposed sign and the beginning or ending of pavement widening for any interchange within 600 feet.
3) For signs with display area in excess of 150 square feet, the site drawing shall contain all of the information required in subsection (b)(2) of this Section, and, in addition, shall be prepared or approved by a land surveyor licensed by the State of Illinois and shall show measured distances between the proposed sign and the nearest existing sign according to the following table:
Type of Highway
Distance (feet)
Interstate
600
Expressway
600
Primary (Unincorporated Area)
600
Primary (Incorporated Area)
400
4) For signs with display area in excess of 150 square feet, a current title commitment or other evidence of title showing ownership of the proposed site.
5) Whenever the applicant does not own the proposed site, a certificate of good corporate standing from the Illinois Secretary of State's Office will be required, as well as a fully executed site lease, contract to purchase or other proof of consent to erect and maintain a sign on the site. Leases shall contain all riders. Rents need not be shown. All changes made to the lease, contract to purchase, or consent which are related to the requirements of this Part shall also be submitted to the Department. Whenever the lease, contract to purchase or consent is not signed by the property owner, proof of authority shall also be provided. A lease, contract to purchase, or other form of consent to erect and maintain a sign that is subject to a permit being issued by the Department to erect a sign will be considered a valid and binding document. If the lease, contract to purchase or other consent to erect and maintain a sign is terminated prior to the erection of the sign, the permit is void.
6) For on-premise signs, a plat or survey shall be provided showing the location of the sign, the location of the activity being advertised, and the distance to the nearest edge of the highway right of way.
7) For signs that advertise the sale or lease of property on which they are located, a site drawing shall be provided showing the location of the sign and the distance to the nearest edge of the highway right-of-way.
8) For signs described by Section 522.210, the distance in air miles between the proposed sign and the activity advertised.
9) A copy of written notice by the applicant to the municipality where the sign is to be located, or to the county where the sign is to be located in an unincorporated area, of the fact that an application has been filed with the Department. A copy of the completed application form shall be forwarded to the municipality or county.
10) Remittance of the non-refundable application fee by check or money order payable to the Treasurer of the State of Illinois. As of July 1, 1993, the application fee shall be as follows:
A) For signs of less than 150 square feet, the fee shall be $50.
B) For signs of at least 150 but less than 300 square feet, the fee shall be $100.
C) For signs of 300 or more square feet, the fee shall be $200. (Section 8 of the Highway Advertising Control Act of 1971) [225 ILCS 440/8]
D) The square feet shall be measured by the smallest square, rectangle, triangle, circle, or combination that will encompass the entire display area. If one side of the sign provides for more display area than another, the measurements will be made on the larger side.
11) For signs to be located along Interstate highways in business areas on parcels of land located in areas which were unzoned on September 21, 1959, proof based on contemporaneous historical records of State actions that the land use on September 21, 1959 was business, commercial or industrial, must be submitted with the permit application.
12) When a permit has previously been issued for a specific sign at a specific site and the holder of that permit wishes to change that permitted sign in a manner that would require the issuance of a new permit, the applicant must provide a copy of the original permit application identifying the permit number and application approval. This type of application will also require the following:
A) A statement that the application is being submitted in order to improve an existing permitted sign and that this action will not cause any violations pursuant to the requirements of the Act and this Part.
B) The removal of the existing permitted sign will occur prior to the erection of any other sign approved as a result of this permit application.
C) All other requirements of the Act and this Part are satisfied without conditions.
c) The applicant shall certify that all of the information provided is true and accurate and that the applicant is not the owner of, or affiliated with an owner of, an abandoned or illegal sign as defined by this Part. This certification shall be supported by an oath or affirmation acknowledged by a notary public.
**History**
- *Source: Amended at 35 Ill. Reg. 8523, effective May 17, 2011*
##### **92 Ill. Adm. Code 522.60** Receipt of Application {#sec-522.60 omnilex-key=us-il-regs-official--title-92--522.60}
a) All permit applications shall be stamped or otherwise marked with the date and time upon receipt at the designated Department office.
b) Priority of processing permit applications shall be in the order they are received.
c) If a receipt is requested showing the date and time the application was received, the applicant shall submit a self-addressed, stamped envelope.
d) Applications must be delivered to the designated Department office with jurisdiction and not to any other District or to personnel other than the personnel designated to accept applications.
e) Mailed applications will be considered to be received on the date postmarked by the U.S. Postal Service (USPS) on the envelope (at 11:59 PM). Private postmark stamps, bulk rate, or business stamping machines will not establish the proper postmark. The postmark will be established by the canceled stamp or USPS insignia on the envelope. If a postmark fails to exist, then the date shall be the date and time actually received and marked by the designated personnel at the Department office.
f) Attempting to "notarize" or acknowledge a time other than 11:59 PM will not be recognized when applications are mailed.
g) Faxed or electronically submitted applications, letters, protests or messages will not be accepted unless agreed to in writing by the Department office.
h) Applications submitted by delivery or expedited mail service (e.g., overnight mail, Federal Express, UPS) will be considered to be applications delivered in person and not applications submitted by the private postmark date.
i) If two or more applications are mailed or received at the same time that could contradict the interests of the others, and the Department cannot determine which application was there first with any degree of certainty, priority will be determined by the Department by lottery, drawing straws, coin toss, or any other fair and impartial method determined by the Department.
j) To ease administration of permit applications, the Department, at its discretion, may group applications for a particular site or geographic area.
k) Priority will not defeat the erection of a validly permitted or registered conforming but damaged sign re-erected at the same location.
l) Examples of Priority Applications:
1) Example One: Application "A" postmarked on the third of the month and received on the fifth; Application "B" hand delivered on the fifth. Application "A" has priority since it was postmarked on the third at 11:59 PM.
2) Example Two: Application "A" postmarked on the third of the month and received on the fifth; Application "B" received at 5:00 PM on the third. Application "B" has priority since it was received at 5:00 PM and Application "A" could have been mailed and postmarked up to 11:59 PM.
3) Example Three: Group A consists of five applications received at different times for a particular location with the first application having priority over the others. The administrator inspects the site during his/her regular duties or schedules a special trip. If conditions will not allow the issuance of a permit, the applications are denied. During the period for processing the denial, conditions change which may allow the issuance of a permit. The application with priority will be considered first, the application with second priority will be considered second, and so forth.
4) Example Four: Same facts as Example three but all five applications receive final denial notice from the Department. Department then moves on to Group B applications, inspects the sites and determines if any permits could be issued. If not, a 30-day notice is sent. If, after reinspection, conditions change, the application with first priority in Group B is considered to determine whether a permit can be issued. If not, the second priority application is reviewed and so forth until the formal denial process ends. The Department then moves on to Group C if one exists.
5) Example Five: Two applications arrive at different dates but are postmarked on the same date or two or more people claim they are first in line at the designated Department office to have their applications processed. The Department is unable to determine with any degree of certainty who has priority. The Department will inform the parties that the Department will determine priority by lottery as described in subsection (i) of this Part.
**History**
- *Source: Amended at 35 Ill. Reg. 8523, effective May 17, 2011*
##### **92 Ill. Adm. Code 522.70** Approval of Application {#sec-522.70 omnilex-key=us-il-regs-official--title-92--522.70}
a) The Department shall approve the permit application upon its determination, after a site investigation that it is complete, correct and in compliance with the requirements of the Act and this Part. The application shall be marked "approved" on its face.
b) The Department shall notify the permittee that the application has been approved by sending a copy of the approved application to the permittee.
c) Permittees shall be issued an identifying tag by the Department which shall be securely affixed to the front face of the sign or sign structure in a conspicuous place by the owner or the Department upon erection of the sign or within ten days after receipt of the tag, whichever is later (Section 8 of the Act). Permittees shall provide evidence such as "as-built" plans or affidavit, but, preferably by photograph, of erection of signs.
**History**
- *Source: Amended at 35 Ill. Reg. 8523, effective May 17, 2011*
##### **92 Ill. Adm. Code 522.80** Denial of Application {#sec-522.80 omnilex-key=us-il-regs-official--title-92--522.80}
a) If a review of the application or a site investigation reveals that the permit application is incomplete, contains incorrect information or is not in compliance with the requirements of the Act or this Part, or that the applicant is the owner of, or affiliated with an owner of, an abandoned or illegal sign, then the Department shall notify the applicant in writing by certified mail of its intent to deny the permit application and state the reasons for that action. The notification shall inform the applicant that he/she has 30 calendar days from the date of receipt of the notification to challenge the intent to deny or to correct the deficiencies noted. No time extensions will be permitted. The challenge shall be made in writing, state the position of the applicant, the facts in support of that position and shall contain any relevant documentation. The challenge must be received in the Department office within the 30 day period. The Department will review the challenge and shall either approve or deny the application based on the requirements of this Part. No appeal may be taken from the Department 's decision on the challenged application. The applicant's priority will be retained pending the Department's final decision. Only one application per applicant will be processed for the same site or any site within 500 feet of the site along an Interstate, expressway or a primary highway outside a municipality, or within 300 feet along a primary highway within a municipality, for which a permit application is submitted prior to the final decision by the Department.
b) If, after consideration of the challenge, the Department approves the application, the procedures in Section 522.70 shall apply. If, after consideration of the challenge, the Department denies the application, it shall be marked "denied" on its face and the reason for denial stated on the application. The Department shall notify the permittee of the denial by sending a copy of the denied application.
c) The permittee shall be deemed to have waived the right to challenge if the challenge is not filed in the time specified in subsection (a) of this Section. In such case, the application will be denied and be processed in the same manner as an application denied with a challenge.
**History**
- *Source: Amended at 35 Ill. Reg. 8523, effective May 17, 2011*
##### **92 Ill. Adm. Code 522.90** Renewal of Permits {#sec-522.90 omnilex-key=us-il-regs-official--title-92--522.90}
a) Signs must be erected within three years after the date the permit is issued. If a sign is not erected within three years, the permit will become void and the applicant will be required to wait 60 calendar days before a new application for that site can be submitted and considered.
b) Upon a change in permittee or sign ownership, the new permittee or owner of the sign shall notify the Department, in writing, of the sign permit or registration number and the old and new permittee or sign owners' names within 60 days after the change in permittee or sign ownership. No application fee is required under these circumstances. Any permit or registration not so renewed shall become revocable in accordance with the provisions of Subpart C. (Section 8 of the Act)
**History**
- *Source: Amended at 35 Ill. Reg. 8523, effective May 17, 2011*
##### **92 Ill. Adm. Code 522.100** Registration of Existing Signs {#sec-522.100 omnilex-key=us-il-regs-official--title-92--522.100}
a) When a highway or a section of a highway is added to the primary system, the Department shall so notify owners of signs along such a highway that they have 90 days to register their signs.
b) When a primary highway is added to the Interstate system, the Department shall so notify owners of on premise signs and signs which advertise the sale or lease of property on which they are located that they have 90 days to register their signs.
c) Registration shall be on a form prescribed by the Department and shall be accompanied by a check or money order in the amount of $5.00 payable to the Treasurer of the State of Illinois.
d) Signs not registered in accordance with this Section shall receive notice as provided in Subpart C of this Part.
**History**
- *Source: Amended at 35 Ill. Reg. 8523, effective May 17, 2011*
##### **92 Ill. Adm. Code 522.110** Notice of Intent to Revoke {#sec-522.110 omnilex-key=us-il-regs-official--title-92--522.110}
Whenever the Department determines that grounds exist for the revocation of a permit or registration (including but not limited to false information in the application, errors in permit processing, failure to erect what was permitted, classification as an owner of an illegal or abandoned sign, use of aliases, affiliates or subsidiary companies to obtain permits, or any other violation of the Act or this Part), the Department shall notify the permittee by certified mail of its intent to revoke the permit. This notice shall be called the "Notice of Intent to Revoke Permit" ("Notice") and shall inform the permittee that he or she has 30 calendar days from receipt of the notice to reply. The procedures in this Subpart shall not apply when a permit has expired without any sign being erected within three years after issuance.
**History**
- *Source: Amended at 35 Ill. Reg. 8523, effective May 17, 2011*
##### **92 Ill. Adm. Code 522.120** Reply of Permittee {#sec-522.120 omnilex-key=us-il-regs-official--title-92--522.120}
a) The Reply shall be made to the Department in writing and received at that office within the 30 day period. No time extensions will be permitted. The Reply shall specifically state one of the following:
1) That the sign has been removed. In such case, evidence of the removal (an affidavit or photograph) shall be submitted with the Reply.
2) That the problem cited in the Notice of Intent to Revoke has been corrected or that measures to correct the problem will be undertaken in the manner and within the times set forth in the Reply. Evidence of the correction (an affidavit or photograph) shall be submitted with the Reply.
3) That a dispute exists and a review is requested.
b) If the permittee fails to reply or to reply within the 30 day period, the Notice shall constitute the "30 day letter" as provided for in Section 522.140 and shall have the same force and effect as same.
c) If the evidence submitted with the Reply shows that the sign has been removed, then the Department will notify the permittee that the permit is revoked.
d) If the evidence shows that the permittee has corrected the problem, the Department will so notify the permittee and the Notice shall be considered null and void.
e) If the Department finds that the evidence submitted with the Reply fails to show that the sign has been removed or that no measures have been taken or proposed to correct the problem, and no review is requested; then the Department will issue a "30 day letter" in accordance with Section 522.140.
**History**
- *Source: Amended at 35 Ill. Reg. 8523, effective May 17, 2011*
##### **92 Ill. Adm. Code 522.130** Review Procedures {#sec-522.130 omnilex-key=us-il-regs-official--title-92--522.130}
a) Proceedings
1) In response to the timely receipt of the permittee's reply requesting a review, the Department will notify the Director within 14 calendar days that a request for review has been received. The Department will also send a copy of the written notice to the permittee by certified mail.
2) Within 28 calendar days after the permittee's receipt of the Department's notice to the Director, the permittee shall submit to the Director in duplicate its written argument supporting its positions. The permittee shall also send a copy of its argument to the Department by certified mail.
3) Within 28 calendar days after the Department's receipt of the permittee's argument, the Department will submit to the Director in duplicate its written argument and response to the permittee's argument supporting its positions. The Department is responsible for assembling the record for review and will include the record for review with its argument to the Director. The Department will also send a copy of its argument and response and the record for review to the permittee by certified mail.
4) Within 14 calendar days after receipt of the Department's argument and response and the record for review, the permittee shall submit to the Director in duplicate its written rebuttal argument to the Department's argument and response. The permittee's rebuttal argument shall only address the Department's argument and response and shall not introduce new theories on the disputed matter. The permittee shall also send a copy of its rebuttal argument to the Department by certified mail.
5) The Director may hold a conference if it is necessary to adjudicate conflicting facts or to simplify relevant issues. Conferences may be held in person or by telephone.
6) Within 28 calendar days after receipt of arguments, rebuttal argument, exhibits and a conference, if one is held, the Director shall render the decision and promptly notify the Department and the permittee in writing by certified mail of the decision.
A) The decision will be based on the written arguments, rebuttal argument, the fact finding conference, and relevant exhibits.
B) All ex parte communications with the Director pertaining to the review will be promptly summarized and communicated in writing to the opposing parties.
7) Written arguments and written rebuttal arguments must contain proposed findings of fact and conclusions of law.
8) If the permittee fails to submit a written argument or does not submit it within the 28 calendar day period, the resultant decision will be that the allegation or allegations as set forth in the Notice of Intent to Revoke Permit are true, correct, and proven.
9) If the Department fails to submit a written argument or does not submit it within the 28 calendar day period, the resultant decision will be that the allegation or allegations as set forth in the Notice of Intent to Revoke Permit are unproven.
10) If the permittee fails to submit a written rebuttal argument within the 14 calendar day period, the rebuttal argument will not be considered.
11) The Director may extend deadlines prescribed in this Section upon a written request by either the permittee or the Department.
b) Departmental Action Following Review
1) If a sign has been found to be unlawful, the Department shall issue a "30 day letter" as provided in Section 522.140.
2) If a sign has been found to be in compliance with this Part, the permit will be considered lawful.
3) If the Director finds that insufficient information has been provided, he/she shall direct the parties to supply the needed information so that a decision can be rendered.
**History**
- *Source: Amended at 35 Ill. Reg. 8523, effective May 17, 2011*
##### **92 Ill. Adm. Code 522.140** Issuance of the "30 Day Letter" {#sec-522.140 omnilex-key=us-il-regs-official--title-92--522.140}
When the Department has found a sign to be unlawful as provided in Section 10 of the Act or Subpart C of this Part, the Department shall notify the permittee or sign owner by certified mail of the following:
a) The sign must be removed or brought into compliance within thirty days from receipt of notice.
b) After the thirty day period, the sign shall become the property of the Department if not removed or brought into compliance.
c) The Department shall sell, by public sale, auction, or sealed bids; remove or paint over all unlawful signs which have not been removed or brought into compliance within the thirty day period or shall seek a court order to force abatement by the sign owner.
d) The sign owner shall reimburse the Department for all costs incurred by the Department in selling, removing or painting over the sign.
##### **92 Ill. Adm. Code 522.150** Signs That May Not Be Erected or Maintained {#sec-522.150 omnilex-key=us-il-regs-official--title-92--522.150}
The following signs shall not be erected or maintained:
a) Signs located within the right-of-way of an Interstate or primary highway or on any structure, wire, cable, or other device over or above an Interstate or primary highway right-of-way except the following:
1) Signs designating the name of the railroad which owns the bridge.
2) Signs designating the clearance provided (Section 9-112.1 and 9-112.2 of the Code) by the bridge.
3) Public utility signs.
4) Signs required by the Code.
5) Signs required by the Illinois Vehicle Code [625 ILCS 5].
6) Signs, displays and devices giving specific information in the interest of the traveling public erected and maintained by the Department or by the Illinois State Toll Highway Authority.
b) Signs that attempt or appear to attempt to direct the movement of traffic or which contain wording, color or shape which is similar to official traffic control signs or other traffic control devices. (Section 9-112.2 of the Code)
c) Signs that contain oscillating, rotating, flashing, intermittent or moving light or lights (Section 9-112.2 of the Code), except the following:
1) Signs giving public service information including but not limited to time, weather, date and temperature (Section 6.02(a) of the Act) and multiple message signs with displays that change not more frequently than once every 10 seconds.
2) Pole supported business or brand identification signs inside business areas with constant illumination and color and in which the only movement is a slow rotation of the entire body of the sign so as to be visible from all directions. (Section 9-112.2 of the Code)
3) On premise signs which comply with Section 522.190(g).
d) Signs that are erected, painted or drawn upon trees, rocks or other natural features. (Section 5 of the Act)
e) Signs that are obsolete (i.e., advertises something that is no longer there), abandoned (i.e., where no message or display appears for one year, unless such display advertises the availability of the sign), or structurally unsafe or in disrepair (Section 5 of the Act), unless such structural conditions may be repaired in accordance with the provisions of the Act, and the sign owner agrees in writing to make the repairs within 30 days after receipt of the notice to remove.
f) Signs that project beams or rays of light at the travelled way of a State highway or cause such beams or rays to create glare or to impair the vision of a driver of any motor vehicle. (Section 6.02(b) of the Act)
g) Signs that are located within 1,000 feet of official traffic signs, signals, or devices and obscure or interfere with a driver's view of such sign, signal or device. (Section 6.03(a) of the Act)
h) Signs that are located within 1,000 feet of approaching, merging or intersecting traffic and obscure or interfere with a driver's view of such traffic. (Section 6.03(a) of the Act)
i) Signs that require a permit for erection or registration under this Part and for which no permit or registration has been issued.
j) Signs that advertise activities that are illegal under Federal, State or local law in effect at the location of those signs or activities.
k) Signs (other than multiple message signs) that contain any animated or moving parts. (Section 4.02(g) of the Act)
l) Signs that violate airport hazard zoning regulations adopted by the Department pursuant to the Airport Zoning Act [620 ILCS 25]. (See Illustration J.)
m) Signs erected adjacent to a scenic byway that is a primary or Interstate highway after August 2, 1996, except those signs described in Sections 4.01, 4.02, 4.03, 4.06 and 4.08 of the Act. (Section 5(d) of the Act)
n) Registered non-conforming signs that are damaged, as defined in Section 522.20 (definition of Damaged Signs), unless maintained or repaired, as defined in Section 522.20 (definition of Erect).
**History**
- *Source: Amended at 35 Ill. Reg. 8523, effective May 17, 2011*
##### **92 Ill. Adm. Code 522.160** Standards for Official Notices {#sec-522.160 omnilex-key=us-il-regs-official--title-92--522.160}
In addition to the standards set forth in Section 522.150, the following standards apply to religious notices, service club notices, and public service signs.
a) Service club and religious notices shall not exceed 8 square feet in area.
b) Public service signs may be located only on school bus stop shelters that are authorized by and are located at places approved by city, county or State law, regulation or ordinance. Only safety slogans or messages may be displayed on the sign and such slogans or messages shall occupy not less than 50 percent of the sign area. The remaining 50 percent may contain only the identity of the donor, sponsor or contributor of the shelter. Such signs may not exceed 32 square feet in area. Not more than one sign on each shelter shall face in any one direction.
**History**
- *Source: Amended at 30 Ill. Reg. 15792, effective October 1, 2006*
##### **92 Ill. Adm. Code 522.170** Standards for Directional Signs {#sec-522.170 omnilex-key=us-il-regs-official--title-92--522.170}
In addition to the standards set forth in Section 522.150, the following standards shall apply to directional signs.
a) To be eligible for determination, privately owned attractions or activities must be nationally or regionally known, and of outstanding interest to the traveling public. The Department will make a determination of eligibility for each attraction or activity based on the information provided in the submission, including any licenses held. In making this determination, the Department will avail itself of the experience and knowledge of selected groups in the specific type of attraction or activity being considered. These groups shall include, but not be limited to, commissions, boards, other agencies and/or other State Departments.
b) No such sign may be located within 2,000 feet of an interchange, or intersection at grade along an Interstate highway or expressway (measured from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way).
c) No such sign may be located within 2,000 feet of a rest area, parkland or scenic area.
d) No two such signs facing the same direction of travel shall be spaced less than one mile apart.
e) Not more than three such signs pertaining to the same activity and facing the same direction of travel may be erected along a single route approaching the activity.
f) Such signs located along Interstate highways shall be within seventy-five air miles of the activity.
g) Such signs located along primary highways shall be within fifty air miles of the activity.
h) The message on such signs shall be limited to the identification of the attraction or activity and directional information useful to the traveler in locating the attraction, such as mileage, route numbers, or exit numbers. Descriptive words or phrases, and pictorial or photographic representations of the activity or its environs are prohibited.
i) No such sign shall exceed the following limits:
1) Maximum area – one hundred fifty square feet
2) Maximum height – twenty feet
3) Maximum length – twenty feet
j) All dimensions include border and trim, but exclude supports.
##### **92 Ill. Adm. Code 522.175** Standards for Official Signs {#sec-522.175 omnilex-key=us-il-regs-official--title-92--522.175}
No standards other than those set forth in Section 522.150 of this Part shall apply to official signs.
**History**
- *Source: Added at 30 Ill. Reg. 15792, effective October 1, 2006*
##### **92 Ill. Adm. Code 522.180** Standards for Signs Advertising the Sale or Lease of Property on Which They Are Located {#sec-522.180 omnilex-key=us-il-regs-official--title-92--522.180}
In addition to the standards set forth in Section 522.150, the following standards apply to signs advertising the sale or lease of property on which they are located along interstate highways outside business areas:
a) There may not be more than one such sign designed to attract traffic on the highway proceeding in any one direction.
b) Such signs may not exceed twenty feet in length, width or height or one hundred fifty square feet (Section 4.02(a) and (b) of the Act) in area, including border and trim, but excluding supports.
##### **92 Ill. Adm. Code 522.190** Standards for on Premise Signs {#sec-522.190 omnilex-key=us-il-regs-official--title-92--522.190}
In addition to the standards set forth in Section 522.150, the following standards shall apply to on premise signs located along Interstate highways outside business areas.
a) There may not be more than one such sign located more than 50 feet from the advertised activity designed to attract traffic proceeding in any one direction. (Section 4.03(a) of the Act)
b) No such sign visible to traffic and located more than 50 feet from the advertised activity which displays any trade name referring to or identifying any service rendered or product sold, used or otherwise handled, may be permitted unless the name of the advertised activity is displayed as conspicuously as such trade name. This restriction does not apply if the trade name identifies or characterizes places for lodging, eating, telephone facilities, vehicle service and repair, or identifies vehicle equipment, parts, accessories, fuels, oils or lubricants being offered for sale at such places. (Section 4.03(b) of the Act)
c) No such sign which is located more than 50 feet from the activities conducted upon the property where the sign is located may exceed 20 in length, width or height or 150 square feet in area, including border and trim, but excluding supports. (Sections 4.03(b) and (c) of the Act)
d) No such sign shall be erected or maintained by a lessee on property that is not being leased for lessee's advertised activity.
e) Such signs may be erected and maintained by persons who operate the business which is advertised on property contiguous with the property where the advertised activity is located as long as the parcels of land where the sign and business are located are owned by the same entity or person.
f) No such sign will be considered part of or contiguous with the premises on which the advertised activity is conducted if its location, configuration, use or purpose indicates an attempt to circumvent the intent of the Act. Some examples of attempts to circumvent the intent of the Act include but are not limited to erecting signs on easements or narrow strips of land.
g) No such sign may be erected or maintained which contains, includes, or is illuminated by any flashing, intermittent or moving light or lights except those which may be changed at reasonable intervals (see Section 522.20, "Multiple Message Sign") by electronic process or by remote control as long as these do not interfere with the effectiveness of an official traffic control device. (Section 4.03(e) of the Act)
**History**
- *Source: Amended at 30 Ill. Reg. 15792, effective October 1, 2006*
##### **92 Ill. Adm. Code 522.200** Standards for Signs in Business Areas {#sec-522.200 omnilex-key=us-il-regs-official--title-92--522.200}
In addition to the standards set forth in Section 522.150, the following standards are applicable to signs in business areas:
a) No such sign may be erected which exceeds 30 feet in height, 60 feet in length, and 1200 square feet in display area on each side including border and trim but excluding ornamental base or apron, supports and other structural members, measured by the smallest square, rectangle, triangle, circle, or combination thereof which will encompass the entire display area. (Section 6.01 of the Act) No temporary extensions, cut-outs or ornamentation is allowed which enlarges a sign beyond 1200 square feet as measured herein. Except with respect to repair, rebuilding, or replacement of any sign lawfully erected before July 1, 1993, no such sign may be erected in any county with a population under 2,000,000 that exceeds 800 square feet in surface area per side excluding extensions and cut-outs. The extensions and cut-outs may account for no more than an additional 20% in sign surface area per side. (Section 6.01 of the Highway Advertising Control Act of 1971 [225 ILCS 440/6.01])
b) No more than two such signs may be erected in a facing with such facing not to exceed the size limitation stated in subsection (a) above.
c) Such signs may be double faced or placed back to back or constructed in a V-type as long as the angle created is less than ninety degrees. (Section 6.01 of the Act)
d) No such sign may be erected along the same side of an interstate highway or expressway within five hundred feet of another such sign structure or location where another such sign has been permitted but not yet erected.
e) Except with respect to repair, rebuilding, or replacement of any sign lawfully erected before July 1, 1993 (Section 6.03 of the Act) when located outside of any incorporated municipality, no such sign may be erected along the same side of a primary highway within 500 feet of another such sign structure or a location where another such sign has been permitted but not yet erected.
f) Except with respect to repair, rebuilding, or replacement of any sign lawfully erected before July 1, 1993 (Section 6.03 of the Act), when located inside of any incorporated municipality, no such sign may be erected along the same side of a primary highway within 300 feet of another such sign structure or a location where another such sign has been permitted but not yet erected.
g) The spacing requirements described in subsections (d), (e) and (f) above shall not apply to signs where the sign structures are completely separated or screened by buildings, natural surroundings or other obstructions in such manner that only one such sign facing located within such distance is visible at any one time. (Section 6.03(b) of the Act) A sign structure cannot be construed as an obstruction of a sign.
h) The spacing requirements described in subsections (d), (e) and (f) above shall be measured along the edge of the pavement of the highway between the points of each sign structure which lie closest to the highway pavement but in no event shall the distance between signs be less than the required spacing. (See Section 522.Illustrations D-G.) Signs visible from two or more highways must be considered in spacing measurements along all such highways. Any sign which has received a permit or a registration shall be included in spacing measurements whether or not the permit or registration has been revoked as long as the sign is visible from any place on the main traveled way of the highway. When measuring spacing between signs involving back-to-back or V-type sign structures and all points equidistant between the sign faces are on a line perpendicular to the edge of pavement, the measurement between such sign structures will be taken along the edge of pavement as shown in Section 522.Illustrations K and L. If the measurements cannot conform to those shown in Section 522.Illustrations K and L, the measurements for signs involving back-to-back or V-type sign structures shall be made between the points of each sign structure which lie closest to the highway pavement.
i) Outside of an incorporated municipality, no sign structure may be erected along an interstate highway or expressway adjacent to or within 500 feet of an interchange, rest area or weigh station, such 500 feet to be measured along the main traveled way from the beginning or ending of pavement widening at the exit from or entrance to the main traveled way. (Section 6.03(c) of the Act) (See Section 522.Illustration C.)
j) The requirements of this Section shall not be construed to apply to or to impose additional limitations on directional signs, official signs, official notices, public utility signs, signs advertising the sale or lease of property on which they are located, or on premise signs nor shall such signs be counted nor shall measurements be made from them for purposes of determining compliance with (Section 6.04 of the Act) subsections (d), (e) and (f) above.
**History**
- *Source: Amended at 22 Ill. Reg. 7262, effective April 9, 1998*
##### **92 Ill. Adm. Code 522.210** Standards for Signs Providing Information Relative to Lodging, Food, Outdoor Recreational Facilities or Automotive Service Facilities {#sec-522.210 omnilex-key=us-il-regs-official--title-92--522.210}
In addition to the standards set forth in Sections 522.150 and 522.200, the following standards apply to signs providing information relative to lodging, food, outdoor recreational facilities or automotive service facilities (Section 4.07 of the Act).
a) Such signs may be erected and maintained within six hundred sixty feet from the edge of the highway right-of-way within twelve air miles (Section 4.07 of the Act) from the advertised activity in the following areas:
1) In business areas.
2) Along interstate highways in areas which at any time are zoned for commercial or industrial activities.
3) Along interstate highways in unzoned commercial or industrial areas.
b) No such sign shall be erected or maintained within two miles approaching or within 1000 feet beyond an interchange. (Such distances shall be measured along the main traveled way from the beginning or ending of pavement widening at the exit from or entrance to the main traveled way.)
c) Only six such signs may be erected or maintained within two to five miles approaching an interchange. (Such distances shall be measured along the main traveled way from the beginning or ending of pavement widening at the exit from or entrance to the main traveled way.)
d) An average of only one such sign per mile may be erected or maintained more than five miles approaching an interchange. (Such distances shall be measured along the main traveled way from the beginning or ending of pavement widening at the exit from or entrance to the main traveled way.)
e) Not more than two such signs will be permitted within any mile distance measured from any point, and no such signs will be permitted to be less than 1000 feet apart (Section 4.07(a)-(f) of the Act).
f) No such sign may exceed twenty feet in length, width or height or one hundred fifty square feet in area, including border and trim, but excluding supports (Section 4.03(c) of the Act).
g) There may not be more than one such sign designed to attract traffic on an interstate highway proceeding in any one direction (Section 4.03(a) of the Act).
h) The limitations contained in subsections (b),(c),(d),(e) and (g) above shall be applied against signs based on the direction of travel they are intended to face.
**History**
- *Source: Amended at 17 Ill. Reg. 7258, effective May 7, 1993*
##### **92 Ill. Adm. Code 522.220** Department Notification {#sec-522.220 omnilex-key=us-il-regs-official--title-92--522.220}
The following types of signs do not require a permit for erection or a registration. However, the sign owner shall notify the appropriate Department Office in writing of the exact sign location, type of sign and size prior to erection.
a) Directional signs which comply with the standards set forth in Section 522.170.
b) Official notices which comply with the standards set forth in Section 522.160.
c) Public Utility signs.
d) Official signs.
**History**
- *Source: Amended at 35 Ill. Reg. 8523, effective May 17, 2011*
##### **92 Ill. Adm. Code 522.230** Multiple Signs {#sec-522.230 omnilex-key=us-il-regs-official--title-92--522.230}
Multiple sign structures shall be considered as one sign for spacing purposes if the sign structures are physically contiguous or connected by the same structure or cross bracing or located not more than 15 feet apart at their nearest point in the case of back-to-back or "V" type signs.
##### **92 Ill. Adm. Code 522.240** Signs Facing Two or More Highways {#sec-522.240 omnilex-key=us-il-regs-official--title-92--522.240}
When a sign is erected which is visible from two or more highways, one or more of which is an interstate or primary highway, the more stringent of applicable control requirements shall apply (see Illustration I).
##### **92 Ill. Adm. Code 522.ILLUSTRATION** A Expressway {#sec-522.illustration omnilex-key=us-il-regs-official--title-92--522.ILLUSTRATION}
##### **92 Ill. Adm. Code 522.ILLUSTRATION** B Unzoned Commercial or Industrial Area {#sec-522.illustration omnilex-key=us-il-regs-official--title-92--522.ILLUSTRATION}
##### **92 Ill. Adm. Code 522.ILLUSTRATION** C Interchange Spacing {#sec-522.illustration omnilex-key=us-il-regs-official--title-92--522.ILLUSTRATION}
##### **92 Ill. Adm. Code 522.ILLUSTRATION** D Spacing Measurement Along Pavement {#sec-522.illustration omnilex-key=us-il-regs-official--title-92--522.ILLUSTRATION}
##### **92 Ill. Adm. Code 522.ILLUSTRATION** E Spacing Measurement at Right Angle {#sec-522.illustration omnilex-key=us-il-regs-official--title-92--522.ILLUSTRATION}
##### **92 Ill. Adm. Code 522.ILLUSTRATION** F Spacing Measurement on Same Line {#sec-522.illustration omnilex-key=us-il-regs-official--title-92--522.ILLUSTRATION}
##### **92 Ill. Adm. Code 522.ILLUSTRATION** G Spacing Measurement Along Curves {#sec-522.illustration omnilex-key=us-il-regs-official--title-92--522.ILLUSTRATION}
##### **92 Ill. Adm. Code 522.ILLUSTRATION** H Map of Highway Districts (repealed) {#sec-522.illustration omnilex-key=us-il-regs-official--title-92--522.ILLUSTRATION}
**History**
- *Source: Repealed at 30 Ill. Reg. 15792, effective October 1, 2006*
##### **92 Ill. Adm. Code 522.ILLUSTRATION** I Control Along Intersecting Highways {#sec-522.illustration omnilex-key=us-il-regs-official--title-92--522.ILLUSTRATION}
##### **92 Ill. Adm. Code 522.ILLUSTRATION** J Public Airports {#sec-522.illustration omnilex-key=us-il-regs-official--title-92--522.ILLUSTRATION}
**History**
- *Source: Added at 17 Ill. Reg. 7258, effective May 7, 1993*
##### **92 Ill. Adm. Code 522.ILLUSTRATION** K Spacing Measurement Monopole Back-to-Back V-Type {#sec-522.illustration omnilex-key=us-il-regs-official--title-92--522.ILLUSTRATION}
**History**
- *Source: Added at 22 Ill. Reg. 7262, effective April 9, 1998*
##### **92 Ill. Adm. Code 522.ILLUSTRATION** L Spacing Measurement Standard Back-to-Back V-Type {#sec-522.illustration omnilex-key=us-il-regs-official--title-92--522.ILLUSTRATION}
**History**
- *Source: Added at 22 Ill. Reg. 7262, effective April 9, 1998*
##### **92 Ill. Adm. Code 522.ILLUSTRATION** M Department Offices and Counties {#sec-522.illustration omnilex-key=us-il-regs-official--title-92--522.ILLUSTRATION}
Central Bureau of
Land Acquisition
2300 South Dirksen Parkway
Springfield IL 62764
217/785-0808
Statewide
District 1
201 West Center Court
Schaumburg IL 60196-1096
847/705-4313
Cook, DuPage, Kane, Lake,
McHenry and Will
District 2
819 Depot Avenue
Dixon IL 61021-3500
815/284-2217
Boone, Carroll, Henry, JoDaviess,
Lee, Ogle, Rock Island, Stephenson,
Winnebago and Whiteside
District 3
700 East Norris Drive
Ottawa IL 61350
815/434-8417
Bureau, DeKalb, Ford, Grundy,
Iroquois, Kankakee, Kendall,
LaSalle and Livingston
District 4
401 Main
Peoria IL 61602
309/671-4460
Fulton, Henderson, Knox, Marshall,
McDonough, Mercer, Peoria,
Putman, Stark, Tazewell, Warren and
Woodford
District 5
13473 IL Hwy. 133
P.O. Box 610
Paris IL 61944
217/465-4181
Champaign, DeWitt, Douglas, Edgar,
McLean, Piatt and Vermilion
District 6
126 East Ash
Springfield IL 62704-4792
217/782-7314
Adams, Brown, Cass, Christian,
Hancock, Logan, Macoupin, Mason,
Menard, Montgomery, Morgan, Pike,
Sangamon, Schuyler and Scott
District 7
400 West Wabash
Clark, Clay, Coles, Crawford,
Effingham IL 62401
217/342-3951
Cumberland, Edwards, Effingham, Fayette, Jasper, Lawrence, Macon, Moultrie, Richland, Shelby, Wabash and Wayne
District 8
1102 EastPort Plaza
Collinsville IL 62234
618/346-3280
Bond, Calhoun, Clinton, Greene,
Jersey, Madison, Marion, Monroe,
Randolph, St. Clair and Washington
District 9
State Transportation
Building
2801 West Murphysboro
P.O. Box 100
Carbondale IL 62903
618/351-5240
Alexander, Franklin,
Gallatin, Hamilton, Hardin, Jackson,
Jefferson, Johnson, Massac, Perry,
Pope, Pulaski, Saline, Union,
White and Williamson
**History**
- *Source: Amended at 35 Ill. Reg. 8523, effective May 17, 2011*
#### **Part 530** Accommodation of Utilities on Right-of-Way
##### **92 Ill. Adm. Code 530.10** Purpose {#sec-530.10 omnilex-key=us-il-regs-official--title-92--530.10}
a) The purpose of this Part is to establish policies and procedures for accommodating utilities on right-of-way of the Illinois State Highway System, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the State Highway System.
b) A decision regarding the accommodation of a utility at a particular location should be made consistent with sound engineering practices.
c) The Department's determination would include an evaluation of the direct and indirect environmental and economic effects of any loss of productive agricultural land which would result from the disapproval of the use of the right-of-way of a highway for the accommodation of such utility. Thus, while this Part provides standards for accommodating utilities on right-of-way of the Illinois State Highway System, under the jurisdiction of the Department, this Part is not a substitute for sound engineering judgment (See Section 530.30, "Sound Engineering Judgment").
d) Because it is impossible to anticipate all future highway needs or proposals, the Department reserves the right to deny an application or to deviate from the standards of this Part if sound engineering reasons dictate such action.
e) This Part applies to all utility facilities on public highway right-of-way in which the Department has an interest, whether those facilities are permitted or not and whether those facilities were in place before or after the promulgation of this Part.
f) This Part supersedes the Department's Policy on the Accommodation of Utilities on Right-of-way of the Illinois State Highway System issued May, 1979 and all prior issues.
##### **92 Ill. Adm. Code 530.20** Incorporation by Reference {#sec-530.20 omnilex-key=us-il-regs-official--title-92--530.20}
a) This Part incorporates references which are the basis and guidelines for the development of the Department's policy for accommodation of utilities on right-of-way of the Illinois State Highway System. Where specific reference is made, and that reference incorporates material by reference, the material incorporated is a part of this Part and shall be that which is effective as indicated, not including any later amendments or editions. Copies of the appropriate materials are available from the Department's Central Bureau of Maintenance, Division of Highways, 2300 South Dirksen Parkway, Springfield, Illinois 62764 and all nine highway District offices (see Section 530.Illustration A).
1) American Association of State Highway and Transportation Officials (AASHTO) – A Guide for Accommodating Utilities Within Highway Right-of-Way (Copyright 1981).
2) AASHTO – A Policy on the Accommodation of Utilities Within Freeway Right-of-Way (Copyright 1989).
3) U.S. Department of Transportation, Federal Highway Administration (FHWA) – Federal-Aid Highway Program Manual Transmittal 426 (HNG-12) dated November 11, 1988 (Volume 6, Chapter 6, Section 3, Subsection 2).
4) U.S. Department of Transportation, Federal Highway Administration – Federal-Aid Highway Program Manual Transmittal 74 (HRW-O) dated October 4, 1974 (Volume 7, Chapter 4, Section 3).
5) Institute of Electrical and Electronics Engineers, Inc. – American National Standards, National Electrical Safety Code (ANSI C2-1990).
6) The American Society of Mechanical Engineers – American National Standards, Gas Transmission and Distribution Piping Systems (ANSI/ASME B31.8), 1989 edition.
7) The American Society of Mechanical Engineers – American National Standards, Liquid Petroleum Transportation Piping Systems (ANSI/ASME B31.4), 1989 edition.
8) The Associated General Contractors of Illinois – Standard Specifications for Water and Sewer Main Construction in Illinois, 4th edition, May 1986 publication.
9) International Society of Arboriculture – Valuation of Landscape Trees, Shrubs and Other Plants (Copyright 1988).
10) Office of Pipeline Safety Operations, U.S. Department of Transportation (49 CFR Parts 191 and 192) – Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards, revised as of October 1, 1988.
11) AASHTO – Roadside Design Guide (Copyright 1989).
12) Office of Federal Register National Archives and Record Administration – National Bridge Inspection Standards (23 CFR 25), revised as of April 1, 1984.
b) NOTE: The references listed above are also available through the following sources:
1) Items 1, 2 and 11:
AASHTO
444 North Capitol, N.W.
Suite 225
Washington, D.C. 20001
2) Items 3, 4, 10 and 12:
United States Department of Transportation
Federal Highway Administration
400 Seventh Street, S.W.
Washington, D.C. 20590
3) Item 5:
American National Standards Institute
1430 Broadway
New York, New York 10018
4) Items 6 and 7:
The American Society of Mechanical Engineers
345 East 47th Street
New York, New York 10017
5) Item 8:
The Associated General Contractors of Illinois
3219 Executive Park Drive, P.O. Box 2579
Springfield, Illinois 62708
6) Item 9:
International Society of Arboriculture
P.O. Box 908
Urbana, Illinois 61801
##### **92 Ill. Adm. Code 530.30** Definitions {#sec-530.30 omnilex-key=us-il-regs-official--title-92--530.30}
As used in this Part, the words and terms listed shall have the meanings ascribed to them as follows:
"ANSI" – American National Standards Institute.
"Applicant" – A person applying for a permit under this Part.
"ASTM" – American Society for Testing and Materials.
"Backfill" – The methods or materials for replacing excavated material in a trench or pit.
"Bore" or "Boring" – To excavate an underground cylindrical cavity for the insertion of a pipe or electrical conductor.
"Carrier Pipe" – The pipe enclosing the liquid, gas or slurry to be transported.
"Casing" – A structural protective enclosure for transmittal devices such as: carrier pipes, electrical conductors, and fiber optic devices.
"Clear Zone" – The total roadside border area, starting at the edge of the pavement, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and a clear run-out area. The desired width is dependent upon the traffic volumes and speeds, and on the roadside geometry. Distances are specified in the AASHTO Roadside Design Guide, incorporated by reference in Section 530.20.
"Coating" – Protective wrapping or mastic cover applied to buried pipe for protection against external corrosion.
"Code" – The Illinois Highway Code (Ill. Rev. Stat. 1989, ch. 121, pars. 1-101 et seq.).
"Conductor" – Wire carrying electrical current.
"Conduit" – A casing or encasement usually for an electrical conductor.
"Control of Access" – To designate, establish and regulate existing or proposed State highways as freeways, including the acquisition of all existing, future or potential easements or rights of access, crossing, light, air or view, to, from or over such freeway right-of-way, from or to any real property abutting such freeway right-of-way.
"Conventional Highway" – State highway with minimum access-control.
"Cover" – The depth of earth or backfill over buried utility pipe or conductor.
"Department" – The Illinois Department of Transportation.
"Department Approved" – The approval of the Department requires compliance with this Part. The Department's approval shall be consistent with commonly recognized and accepted traffic control and construction principles, including material selection, and with sound engineering judgment.
Unless otherwise provided in the permit or in this Part, the following Departmental publications shall serve, inclusively and not exclusively, as examples of such principles and standards:
Standard Specifications for Road and Bridge Construction
Supplemental Specifications and Recurring Special Provisions
Highway Design Manual
Highway Standards Manual
Standard Specifications for Traffic Control Items
Illinois Manual on Uniform Traffic Control Devices
Flagger's Handbook
Work Site Protection Manual for Daylight Maintenance Operations
If the Department finds a discrepancy between differing principles, it shall determine which principles apply. If requested, the Department shall state what standard will apply to the construction, maintenance, or operation of a facility in the future.
The Department's determination will not be changed unless it finds that the determination was incorrect or that a new standard is clearly superior to the earlier standard. If the Department makes such a finding, it shall notify in writing all parties to whom it had given its earlier determination.
Requests for determinations and publications may be addressed to:
Illinois Department of Transportation
Division of Highways
Chief of the Bureau of Maintenance
2300 South Dirksen Parkway
Springfield, Illinois 62764
"Disrupt the right-of-way" – Anything that causes the right-of-way to be in a condition other than that appropriate for its intended use as a highway right-of-way. Such changes to the condition may include, but are not limited to, the following:
excavating or other cutting;
placement (whether temporary or permanent) of materials, equipment, devices, or structures;
damage to vegetation; and
compaction or loosening of the soil.
"District" – Any one of the nine administrative subdivisions of the Department's Division of Highways (see Section 530.Illustration A).
"District Engineer" – The Chief Executive Officer of a District.
"Encasement" – Provision of a protective casing.
"Expanding Areas" – Areas where plans for commercial or residential development are being contemplated.
"Extra Heavy Pipe" – Pipe meeting ASTM standards for this pipe designation.
"Facility" – All structures, devices, objects, and materials (including track and rails, wires, ducts, fibre optic cable, poles, conduits, grates, covers, pipes, cables, and appurtenances thereto) owned or operated by permittees on State highway rights-of-way under this Part. This term also refers to those things for which a permittee may be responsible notwithstanding a claim of abandonment.
"Frontage Road" – Roadway, usually parallel, providing access to land adjacent to the highway where it is precluded by control of access on highway.
"Fully Access-controlled Highways" – State highways which have been designated, established and are regulated as freeways to which access is never permitted, excepting only by way of grade separated intersections with selected roads and streets. Federal Aid Interstate and Defense Highways, Chicago Area Expressways, Supplemental Freeways and those primary highways constructed to freeway standards are included in the category of Fully Access-controlled Highways.
"Highways" – Rural or urban roads or streets, right-of-way, bridges, drainage structures, signs, guardrails, protective structures and appurtenances necessary or convenient for vehicle traffic under the jurisdiction of the Department. This term includes all of the right-of-way, including structures, ditches and embankments.
"ILCC" – Illinois Commerce Commission.
"Immediate" or "Immediately" – That which is done within a period of time specified by the Department. If no time period is specified, the time period shall be two hours.
"Jacking" – Pushing a pipe horizontally under a roadway by mechanical means with or without boring.
"Jetting" – Pushing a pipe through the earth using water under pressure to create a cavity ahead of the pipe.
"Joint Use" – The use of pole lines, trenches or other facilities by two or more utilities.
"Occupancy" – The presence of utility facilities on, over or under highway right-of-way.
"Overlook" – A roadside turnout for motorists to safely enjoy a scenic panorama.
"Owner Corporation" – The company or corporate entity that owns or operates a utility.
"Pavement Cut" – The removal of an area of highway pavement for access to an underground utility installation.
"Permit" – Formal authorization by the Department to construct and maintain utility facilities on State highway right-of-way.
"Permittee" – That entity which has a permit issued pursuant to Section 9-113 of the Code.
"Pressure" – The internal force acting radially against the walls of a carrier pipe expressed in pounds per square inch gauge (psig).
"Prompt" – See "Timely."
"Public Entity" – A legal entity that constitutes or is part of the government, whether at local, state or federal level.
"Rest Area" – A roadside area or park for motorists to rest and relax in the interest of highway safety.
"Restoration" – The repair of an area or highway facility disrupted by the construction, maintenance or repair of a utility.
"Right-of-Way" – Land owned as an easement or in fee devoted to highway purposes. Although a utility may have its own right-of-way, this term is used in this Part to designate the real estate on which a highway is located.
"Roadway Structure" – That part of the highway that includes the pavement and shoulders.
"Scenic Easement" – A right or inferred right in land abutting a State highway which has been acquired to preserve roadside environment having aesthetic or historical features.
"Shoulder" – A width of roadway, adjacent to the pavement, providing lateral support to the pavement edge and providing an area for emergency vehicular stops and storage of snow removed from the pavement.
"Sound Engineering Judgment" – A decision(s) based on expertise and knowledge of engineering principles, practices and experience.
"Spur Track" – When track and rails on one of a State highway are connected to a customer on the other side of that highway, the connecting track shall be known, for the purposes of this Part, as "spur track."
"Timely" – That which is done within a period of time specified by the Department. If no time period is specified, the period shall be 30 days.
"Travel Lane" – A portion of the paved area of the roadway having a definite width allowing for the movement of a legal width vehicle.
"Trench" – A relatively narrow open excavation for the installation of an underground utility element.
"Utility" – A privately, publicly or cooperatively owned line, facility or system for producing, transmitting or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage or any other similar commodity, including any fire or police signal system or street lighting system, which directly or indirectly serves the public. The term utility shall also mean the utility company inclusive of any wholly owned or controlled subsidiary. The term utility includes those facilities used solely by the utility which are a part of its operating plant.
"Vent" – A pipe to allow the dissipation into the atmosphere of gases or vapors from an underground casing.
"Wet Boring" – Boring using water under pressure at the cutting auger to soften the earth and to provide a sluice for the excavated material.
##### **92 Ill. Adm. Code 530.40** Legal Obligations {#sec-530.40 omnilex-key=us-il-regs-official--title-92--530.40}
a) Only a permit issued by the Department under this Part will satisfy the "written consent" requirement of Section 9-113 of the Illinois Highway Code (the Code).
b) A permit from the Department grants a license only to undertake certain activities in accordance with this Part on a State right-of-way, and does not create a property right or grant authority to the permittee to impinge on the rights of others who may have an interest in the right-of-way. Such others might include an owner of an underlying fee simple interest if the right-of-way is owned as an easement, an owner of an easement, or another permittee.
c) It shall be the responsibility of the permittee to ascertain the presence and location of existing above-ground or underground facilities on the highway right-of-way to be occupied by their proposed facilities. The Department will make its permit records available to a permittee for the purpose of identifying possible facilities. When notified of an excavation or when requested by the Department, a permittee shall locate, physically mark, and indicate the depth of its underground facilities within 48 hours, excluding weekends and holidays.
d) The permittee shall avoid conflicts with any existing underground or above-ground facilities on or near the highway right-of-way.
e) The permittee shall comply with all other applicable laws relating to the placement of utility lines.
f) The issuance of a utility permit by the Department does not excuse the permittee from complying with other requirements of the Department (e.g., oversize and overweight vehicles) or the requirements of other State agencies including, but not limited to, the following:
Illinois Commerce Commission
Illinois Department of Agriculture
Illinois Department of Conservation
Illinois Department of Mines and Minerals
Illinois Environmental Protection Agency
Illinois Historic Preservation Agency
g) Rights of abutting and underlying property owners are protected by common law and Sections 9-113 and 9-127 of the Code. The Department will not be a party in any negotiations between the utility and abutting property owners.
h) In no case shall the permit give or be construed to give an entity any easement, leasehold or other property interest of any kind in, upon, under, above or along the State highway right-of-way.
i) Each person responsible for a utility, in place on the effective date of this Part, on a State highway right-of-way shall notify the Department in writing, if that facility does not comply with this Part. The Department shall treat such a notice as a request for a variance under Section 530.130. Until informed that a variance will not be granted, a person responsible for a pre-existing utility will not be in violation of this Part. The failure to provide such notice constitutes a violation of this Part and of the utility accommodation permit (if any) and would justify the imposition of the sanctions set forth in Section 530.810.
##### **92 Ill. Adm. Code 530.50** Indemnification and Insurance {#sec-530.50 omnilex-key=us-il-regs-official--title-92--530.50}
a) The permittee shall release, defend, indemnify, and hold the State, its employees, and its contractors harmless from all claims for injuries and damages to persons or property (including that of the permittee) relating to the installation, maintenance, relocation, presence, use or removal of the facility.
b) Each District shall determine whether a permittee must provide liability insurance. When making its determination, the District shall consider all relevant factors including, but not limited to, the following:
1) The potential for harm to highway users or other parties that might make a claim against the Department.
2) The ability of the permittee, without insurance, to satisfy a claim against the Department.
c) Any insurance policy (or amendment or rider thereto) required by this Section shall contain the following provisions:
1) The Department, its employees, and its agents must be included as named insureds.
2) The Department will be notified at least 30 days prior to the termination or modification of the coverage.
3) The amount of coverage must be sufficient to protect the Department (including its employees and agents) from estimated projected claims.
##### **92 Ill. Adm. Code 530.60** Utility Permits to Public Entities {#sec-530.60 omnilex-key=us-il-regs-official--title-92--530.60}
a) General
A Utility Permit issued to a public entity shall be executed by an officer authorized to do so by the elected governing body. The executed Permit shall have an attached certification that the signature and commitments were authorized by "Resolution" of the elected governing body.
b) Municipalities, Counties, Townships and other local units of government
Occupation or crossing of State Highway right-of-way by utility installations owned by a local unit of government are subject to all of the requirements of this Part except the surety bonding requirement.
c) Sanitary Districts, Water Districts, Levee Districts and other public Entities
Occupation or crossing of State Highway right-of-way by utility installations of a sanitary district, a water district, levee district or any public entity are subject to all of the requirements of this Part.
d) Other State Agencies
Occupation or crossing of State Highway right-of-way by State agency-owned utility installations are subject to all of the requirements of this Part except the surety bonding requirement.
##### **92 Ill. Adm. Code 530.100** Permit Application {#sec-530.100 omnilex-key=us-il-regs-official--title-92--530.100}
a) The permit application shall be in a form prescribed by the Department. Upon request, forms will be supplied by the Department. The application shall require the applicant to provide specific information necessary for the Department to determine whether a permit should be issued. As a minimum, the following information shall be provided:
1) Name of applicant.
2) Legal status of applicant, such as an individual, joint venture, partnership, incorporation, or governmental unit.
3) Address, zip code, and telephone number of the applicant.
4) Proposed use of highway (describe what applicant wants to do), including location, physical description, and type of materials to be used. Scale drawings are preferred.
5) Time schedule for initiation and completion of various steps of the work proposed.
b) If required (see Section 530.270 "Requirement for a Surety Bond"), the permit application will be accompanied by a surety bond (photocopy of continuing bond is acceptable) that includes the Department as an additional named insured guaranteeing that the proposed work will comply with the terms of the permit, that the applicant will reimburse any injured party for damages relating to the permitted work, and that the applicant will remove or modify the permitted facility in a timely manner if required to do so by the Department or its successor.
c) The applicant shall show either:
1) compliance with other State agencies, or
2) that the regulations of no other State agencies are relevant to what has been proposed by the applicant.
d) Applications for gas pipeline permits shall state the proposed pipe size, design, construction class and operating pressures.
e) Applications should be submitted to the Department at the Highway District Office responsible for the area of the permit. Applications involving more than one District should be submitted to:
Illinois Department of Transportation
Bureau of Maintenance, Services Section
2300 South Dirksen Parkway
Springfield, Illinois 62764
(217) 782-7228
A map showing the areas covered by the nine Highway District Offices and the addresses of those offices is included at Section 530.Illustration A.
##### **92 Ill. Adm. Code 530.110** Emergency Contingency Plans {#sec-530.110 omnilex-key=us-il-regs-official--title-92--530.110}
a) Each applicant, who can anticipate emergency situations that may require an immediate response, shall include an emergency contingency plan with the permit application. This emergency contingency plan shall specify the nature of potential emergencies and the intended response by the applicant. The intended response shall include notification of the Department and protection of the safety and convenience of the highway users.
b) Compliance with ILCC regulations for emergency contingency plans constitutes compliance with this Section unless the Department finds that additional information or assurances are needed.
##### **92 Ill. Adm. Code 530.120** Fees or Assessments {#sec-530.120 omnilex-key=us-il-regs-official--title-92--530.120}
a) The Department charges no fees for the administration of the utility occupancy policy for conventional highways.
b) Compensation, based upon an appraisal by the Department of the fair market value of an easement or leasehold for such use of the highway right-of-way, will be charged for longitudinal utility accommodations located upon, under, or along fully access-controlled highways. Such compensation may include in-kind compensation. All fees may be reviewed once every five years and may be adjusted by the Department based on changes in the fair market value for the use of the highway right-of-way. The Department will charge reimbursement fees for engineering, legal, and other expenses incurred in evaluating applications and in establishing such compensation.
c) Charges will also be assessed for the attachment of utility facilities to bridge structures.
1) Assessment charges for utility attachments to highway structures are not intended to produce revenue. The charges are assessed to cover the cost of the engineering analysis required and as compensation for the addition of weight that reduces the available live-load capacity of existing bridges and enters into the cost of proposed new bridges.
2) The assessment charge for utility attachment is based on the ratio of the weight of the proposed utility elements to the live-load for which the structure was or will be designed. The factor arrived at from the foregoing ratio is applied against the cost of the load-bearing elements of the structure, including piers or abutments.
3) The minimum charge for any utility attachment to a highway structure will be $300.
##### **92 Ill. Adm. Code 530.130** Variances {#sec-530.130 omnilex-key=us-il-regs-official--title-92--530.130}
a) Request for Variance
Requests for utility occupancies that would not conform to this Part will be considered individually. Variance from this Part may be granted where terrain features or other conditions such as an irregular right-of-way line make compliance impractical or unreasonable. A variance will not be granted when such action may tend to diminish the value of the highway to the traveling public or to disadvantage unduly other (including future) utility use.
b) Existing installations that met standards in force at the time of installation will be granted variances.
c) Review of Variances by Federal Highway Administration
This Part has the approval of the Regional Administrator of the Federal Highway Administration insofar as federally-aided highways are concerned. However, any proposed utility installation on federally-aided highways that is not in compliance with the general provisions of this Part and permits involving longitudinal installations of private lines, are subject to review by the Federal Highway Administration.
d) Other variances. A variance from any other provision of this Part shall be granted if it is proved that no harm, cost, or inconvenience will result to the Deptartment, any highways under its jurisdiction, or the users of those highways.
##### **92 Ill. Adm. Code 530.140** Access of Freeway Right-of-Way {#sec-530.140 omnilex-key=us-il-regs-official--title-92--530.140}
Access from the through travel lanes or ramps on fully access-controlled highways will not be permitted for installing or servicing of utility facilities except as provided in the AASHTO publication titled "A Policy on the Accommodation of Utilities within Freeway Right-of-Way" incorporated by reference at Section 530.20.
##### **92 Ill. Adm. Code 530.150** Suitability of Materials {#sec-530.150 omnilex-key=us-il-regs-official--title-92--530.150}
Only Department approved, as defined in Section 530.30, materials shall be used in utility installations in the right-of-way of the State Highway System.
##### **92 Ill. Adm. Code 530.200** Obligation to Comply {#sec-530.200 omnilex-key=us-il-regs-official--title-92--530.200}
Every permittee shall comply with the terms and conditions of the permit unless authorized, in writing by the Department, to do otherwise. The terms and conditions shall include those requirements set forth in this Part. Specific conditions are listed in Subpart D.
##### **92 Ill. Adm. Code 530.210** Application Provision {#sec-530.210 omnilex-key=us-il-regs-official--title-92--530.210}
Statements and schematics in the application are material conditions of the permit.
##### **92 Ill. Adm. Code 530.220** Departmental Standards {#sec-530.220 omnilex-key=us-il-regs-official--title-92--530.220}
a) The permittee shall operate in a Department approved, as defined in Section 530.30, manner for traffic control, for use of the right-of-way, and for cleanup and restoration in a timely manner in accordance with Sections 530.240 and 530.250.
b) The Department's standards may be communicated in either written or spoken directives. A spoken directive shall be followed by a consistent written confirmation within 15 calendar days.
##### **92 Ill. Adm. Code 530.225** Release and Indemnification {#sec-530.225 omnilex-key=us-il-regs-official--title-92--530.225}
In consideration of the granting of the license, represented by the permit, to use State property, the Permittee, by use and as a condition of the permit, agrees to release and forever discharge the State of Illinois, its officers, agents and employees, from any and all actions, courses of action, claims and demands for, upon or by reason of any damage, loss or injury to its facilities and equipment placed or brought onto State property pursuant to or on account of the permit. Further, the Permittee agrees to indemnify, defend, and hold the Department harmless from all claims by persons adversely affected by the Department's removal, relocation, or modification of the permitted facility pursuant to Section 530.310 and by damage to facilities which have not been placed in the area specified by the permit.
##### **92 Ill. Adm. Code 530.230** Location of Facilities {#sec-530.230 omnilex-key=us-il-regs-official--title-92--530.230}
a) All utility installations shall be located as follows:
1) Longitudinal utilities shall be located as near the right-of-way line as practicable and not more than eight feet from and parallel to the right-of-way line.
2) No new above-ground utility facilities shall be located in the area established as clear zone for that particular section of highway.
3) No new longitudinal utility installations will be permitted under paved longitudinal portions of streets or highways under Department jurisdiction; however, new cables will be allowed in existing ducts if they can be installed without disrupting the pavement.
4) Utility crossing facilities installed between the ditch lines or curb lines of State highways shall be designed and constructed and shall incorporate materials and protective appurtenances so as to virtually preclude future disruption in these areas. Protection may include encasement, additional cover, or other measures that might not be required outside the areas.
5) Utilities will not be permitted to cross under State highways, in cattle passes, culverts or other drainage facilities.
6) Manholes will not be permitted in the traffic lanes or shoulders of State highways. Existing manholes may be permitted to remain.
7) Bridges or tunnels to carry utilities other than railroads or public utilities, over or under State highways, shall be considered as a use of "air rights" and shall be processed on federally aided highways as prescribed in Federal-Aid Highway Program Manual Volume 7, Chapter 4, Section 3. The same provisions shall apply to non-federallly aided State highways except the approval of FHWA will not be a requirement.
8) Utility crossings shall be at or as near as practicable to a 90 degree angle with the highway centerline.
9) No utility appurtenances such as pumping stations and transformers serving a longitudinal facility will be allowed in interchanges.
10) The inability to locate a longitudinal facility within the prescribed distance from the right-of-way line may be grounds for denial.
b) Installations not conforming with subsection (a) will require the granting of a variance by the Department.
##### **92 Ill. Adm. Code 530.240** Traffic Control {#sec-530.240 omnilex-key=us-il-regs-official--title-92--530.240}
a) The permittee is responsible for providing and installing warning signs, protective devices and flaggers as specified in the permit to provide protection of the traveling public and the utility's workers when on the right-of-way.
b) In the event that the traffic protection requirements are not contained in the permit, the permittee shall provide proper traffic control and protection in a safe and convenient manner which shall be Department approved as defined in Section 530.30.
c) Flaggers shall control traffic in a safe and convenient manner that is Department approved as defined in Section 530.30.
##### **92 Ill. Adm. Code 530.250** Cleanup and Restoration {#sec-530.250 omnilex-key=us-il-regs-official--title-92--530.250}
The right-of-way shall be returned to a condition which is at least as good as it was before the permitted work took place, in a timely manner. This includes restoration of entrances and side roads. Restoration of roadway surfaces will be made using Department approved materials and methods (see Section 530.30 "Department Approved").
##### **92 Ill. Adm. Code 530.260** Scenic Restrictions {#sec-530.260 omnilex-key=us-il-regs-official--title-92--530.260}
a) Special restrictions on utility occupancy may be imposed where visual quality is an important consideration; for example, scenic easements, rest areas, public parks, overlooks, and recreation areas.
b) New underground or aerial installations may be permitted only when they do not require extensive removal or alteration of trees or terrain features visible to the highway user or impair the aesthetic quality of the lands being traversed.
c) Aerial installations may be permitted only when:
1) other locations are not available or are unusually difficult and costly, or are less desirable from the standpoint of aesthetic quality;
2) placement underground is not technically feasible or is unreasonably costly; and
3) the proposed installation will be made at a location, and will employ suitable design and materials, which give the greatest weight to the aesthetic qualities of the area being traversed without adversely affecting safety. Suitable designs include, but are not limited to, self-supporting armless, single-pole construction with vertical configuration of conductors and cable.
##### **92 Ill. Adm. Code 530.270** Requirement for a Surety Bond {#sec-530.270 omnilex-key=us-il-regs-official--title-92--530.270}
Surety bonds in the amount prescribed in Section 530.280 will be required for:
a) Individual utilities whose assets are less than $500,000. A copy of the utility's latest annual report indicating assets of at least $500,000 may be submitted in lieu of a bond.
b) Individual utilities with previously poor performance record. Types of poor performance include a history of using inferior methods and materials, poor maintenance of utility appurtenances and failing to comply with Department directives (which have not been nullified by a court of competent jurisdiction) or conditions of other utility permits.
c) Individual utility contractors with previously poor performance record. (See subsection (b).)
d) Variances to this Part. (See Section 530.130, "Variances".)
##### **92 Ill. Adm. Code 530.275** Surety Bond {#sec-530.275 omnilex-key=us-il-regs-official--title-92--530.275}
a) If required, the permittee shall furnish a surety bond on a form approved, and in an amount specified, by the Department.
b) General
1) The surety bonds required for utility work and occupancy on State highway right-of-way are intended primarily to assure the prompt and satisfactory replacement, repair, and completion of work (at no cost to the State or its contractors) on State highway facilities that may be damaged or disrupted by the utility company's operations or occupancy. These bonds are not to be considered as personal injury and property damage insurance.
2) A surety bond remains in effect until released by the Department.
3) The monetary value of the surety shall be based on the potential for highway facility damages which may be related to the type and volume of transmittent, the physical dimensions of the utility facilities, and the permittee's history of noncompliance.
4) The Department will accept bonds from only those sureties that meet the Department's standards for acceptability as set forth in 44 Ill. Adm. Code 675.240.
5) The bonding company shall commit itself to notify the Department of its intention to terminate the bond at least 30 days before termination. The permittee shall provide a substitute surety bond acceptable to the Department within 15 days after its surety gives a termination notice or shall remove its facility from, and restore, the right-of-way within that period of time.
c) Utility Permit Continuing Bond
Surety shall be provided as a continuing bond to remain in full force and effect for all utility companies issued a general utility permit providing for long-term or permanent occupancy of State highway right-of-way.
d) Individual Utility Permit Bond
Surety shall be provided by a contractor who constructs or maintains utility facilities, under permit, for a municipality or other public body which is not required to maintain a continuing bond. Individual utility permit bonds are to remain in full force and effect until the specific project is completed and the highway right-of-way is restored in accordance with Section 530.250. As a minimum, Individual Utility Permit Bonds remain in full force and effect for five years from date of permit approval by the Department.
e) Continuing Bond for Utility Contractors
A contractor who has occasion to frequently request permits for utility work may provide, at its option, a continuing bond. This arrangement eliminates the need for the contractor to secure an individual utility permit bond for each project.
f) If the surety bond expires, the permit can be revoked.
AGENCY NOTE: Forms mentioned in this Part are available from District offices as shown in Section 530.Illustration A or the Department of Transportation, Bureau of Maintenance, 2300 South Dirksen Parkway, Springfield, Illinois, 62764.
##### **92 Ill. Adm. Code 530.280** Surety Bond Coverage {#sec-530.280 omnilex-key=us-il-regs-official--title-92--530.280}
a) The amount of Surety Bond required for utility work and occupancy will be based on:
1) the potential for damage to the highway;
2) the number of work crews that could potentially be active at a given time;
3) local conditions; and
4) the work record of the utility company or contractor.
b) Each bond shall be for an amount which will guarantee full compliance with the permit, including the following:
1) proper installation;
2) proper maintenance; and
3) relocation, modification, and removal upon demand of the Department.
##### **92 Ill. Adm. Code 530.290** Maintenance {#sec-530.290 omnilex-key=us-il-regs-official--title-92--530.290}
a) The Department shall be notified in writing and must give its permission before a permittee undertakes repairs of its facility in the right-of-way.
b) Utility facilities on State highway right-of-way are to be maintained, by or for the owner corporation, at the owner corporation's expense.
c) Emergency Maintenance Procedures
Emergencies that require immediate attention or repair of a utility installation may preclude following normal procedures for securing a working permit, but the permittee must file in writing with the Department a description of the repairs undertaken in the right-of-way within 48 hours after the emergency repair.
1) Emergency maintenance in relation to utility installations on the interstate and conventional highway system will be considered as any immediate maintenance required to the utility installation for the safety of the traveling public or immediate maintenance required for the health and safety of the general public served by the utility.
2) If an emergency creates a hazard on the traveled portion of the roadway, immediate steps shall be taken by the utility company to provide all necessary protection for traffic on the highway including the use of signs, lights, barricades or flaggers. If a hazard does not exist on the traveled way, but the nature of the emergency is such as to require the parking on the shoulder of equipment required in repair operations, signs and lights shall be provided. Parking on the interstate shoulder in an emergency will only be permitted when no other means of access to the utility installation is available.
3) In an emergency, the utility company shall immediately notify the appropriate District Engineer or authorized agent of the emergency, informing the District Engineer as to what steps have been taken for protection of the traveling public and what will be required to make the necessary repairs. If the nature of the emergency is such as to interfere with the free movement of traffic, the State Police, as well as the District Engineer, shall be notified immediately.
4) In an emergency, the utility company shall complete repairs as soon as possible and with the least inconvenience to the traveling public.
##### **92 Ill. Adm. Code 530.300** As-Built Plans {#sec-530.300 omnilex-key=us-il-regs-official--title-92--530.300}
If the permitted facility is not placed as shown in the application, the permittee shall submit a set of as-built plans to the Department's District Office within 90 days after the completion of the permitted work. If as-built plans deviate from the permit, such deviation shall be identified and shall be treated as a request for variance in accordance with Section 530.130. If the Department does not reject the as-built plans within 90 days after their receipt, they will be considered approved. If the Department disapproves the as-built plans, then the permittee shall either remove the facility from the right-of-way or modify the facility so that it conforms to the permit.
##### **92 Ill. Adm. Code 530.310** Obligation to Remove, Relocate, or Modify {#sec-530.310 omnilex-key=us-il-regs-official--title-92--530.310}
a) The permittee shall remove, relocate, or otherwise modify its facility, including the removal of bridge attachments, as specified by Section 9-113 of the Code, when required to do so in accordance with Sections 530.810, 530.820 and 530.830. Section 9-113 of the Code gives sole authority to the Department, and no other administrative agency or commission may review or overrule a permit-related decision or direction of the Department. The failure of a permittee to comply with the directions of the Department may cause the sanctions, set forth in Subpart H, to be imposed on it.
b) The Department may also give written notice that the permittee shall remove, relocate, or otherwise modify its facility.
1) If, within 60 days after receipt of such written notice, satisfactory arrangements are not made, the Department may undertake the requested actions itself and may bill the permittee for the total cost thereof.
2) Notice shall be considered to have been received if:
A) Either the Department receives from the U.S. Postal Service a signed return receipt or a notice that the permittee has refused to accept a notice by mail, or
B) The Department obtains such other reliable evidence of receipt as it may find to be appropriate. For example, the receipt of a hand-delivered notice might be evidenced by a statement by the messenger that the notice was delivered. A receipt from an express message service would also suffice.
3) If notice of receipt is not received within 10 days or the Department receives a notice of undeliverability, the notice shall be posted as a sign in a conspicuous place in the area of the permit. If, within 60 days after posting of such written notice as a sign, satisfactory arrangements are not made, the Department may undertake the requested actions itself and may bill the permittee for the total cost thereof.
c) The Permittee, by use of its permit, agrees to the following:
1) To pay the Department's costs incurred under this Section,
2) If the full amount of the bill is not paid by the date specified on the billing statement, to pay all costs of collection, including attorneys' fees, litigation expenses, and fees (including contingency and percentage fees) paid to collection agencies, and
3) That any attorney at law is authorized, on behalf of permittee, to do the following:
A) Appear before any court of competent jurisdiction in Illinois, upon complaint made by the Department, and enter permittee's appearance;
B) waive process and service;
C) confess judgment for the full amount billed under this Section, for all attorneys' fees and costs incurred by the State of Illinois associated with attempt(s) to collect the amount billed under this Section;
D) accept the release and indemnification provisions stated in Section 530.225 of this Part;
E) waive all errors and all right of appeal from said judgment(s); and
F) provide such other consents or cooperation as may be helpful to complete the collection process so that the Department may be fully paid.
##### **92 Ill. Adm. Code 530.320** Apportionment of Costs {#sec-530.320 omnilex-key=us-il-regs-official--title-92--530.320}
There may be times when the Department will incur delay or other costs, including third party claims, because the permittee will not or cannot perform its duties under its permit and this Part. Unless the permittee shows that another allocation of the cost of undertaking the requested action is appropriate, the permittee shall bear the Department's costs of damages and its costs of installing, maintaining, modifying, relocating, or removing the facility which is the subject of the permit. No other administrative agency or commission may review or overrule a permit related cost apportionment of the Department. The sanctions set forth in Subpart H may be imposed on a permittee who does not pay the costs apportioned to it.
##### **92 Ill. Adm. Code 530.330** Design of Facilities {#sec-530.330 omnilex-key=us-il-regs-official--title-92--530.330}
Capacity for foreseeable future expansion needs shall be provided in initial installations.
##### **92 Ill. Adm. Code 530.400** Underground Facilities – Power and Communication Lines {#sec-530.400 omnilex-key=us-il-regs-official--title-92--530.400}
a) General
1) Longitudinal lines shall be located as near the right-of-way line as practicable and no more than eight feet from and parallel to the right-of-way line.
2) Installation shall have a minimum cover of 30 inches except communication lines installed by the plowed method shall have a minimum cover of 24 inches.
3) Underground power cables must be grounded in accordance with the National Electrical Safety Code (ANSI C2-1990).
b) Fully Access Controlled Highways
1) Longitudinal Lines
A) New underground power and communications lines longitudinal to the centerline will not be permitted within the access-control lines of fully access-controlled highways under the following conditions:
i) When the installation of the utility would require pavement cuts.
ii) When non-emergency repairs of the utility would require the use of any part of the highway.
iii) When the installation of the utility would endanger or impair other utility facilities already in place.
iv) When the installation of the utility would be above-ground after installation.
v) When the utility would interfere with or impair the present use or future expansion of the highway.
B) When new underground power and communications lines are to be permitted longitudinally to the centerline of fully access-controlled State highways, the following conditions will apply:
i) No above-ground appurtenances will be allowed on State highway right-of-way.
ii) No utility facilities will be allowed between the edge of pavement and the back of abutment of the intersecting roadway at grade separation structures.
iii) Bridge attachments may be allowed as specified in Subpart G.
2) Underground Crossings
Underground power and communication lines will be permitted to cross fully access-controlled highways under the following conditions:
A) The crossing provides a transmission or distribution service to a general area or an expanding area. No individual service crossings will be permitted to cross a fully access-controlled highway except in cases involving isolated locations such as landlocked areas.
B) The design, materials and construction methods shall be those that can be expected to provide maximum maintenance-free service life.
C) Encasement shall be provided between jacking or bore pits, if the crossing is installed by boring or jacking.
D) Encasement may be eliminated under the following conditions:
i) The crossing is installed by the use of "moles", "whip augers" or other approved methods which compress the earth to make the opening for cable installation.
ii) The installation is by the open trench method. This method is only permitted prior to roadway construction.
E) Above-ground mounted appurtenances to electric power or communication lines within the access-control lines of fully access-controlled highways will normally not be permitted except in cases of extreme need. Where installations are approved, they shall be located within one foot of the right-of-way line or as near as practicable.
c) Conventional Highways
1) Longitudinal Lines
Underground power and communication lines may be permitted longitudinal to the centerline of conventional State highways under the following conditions:
A) Cable may be installed by trenching or plowing with consideration given to boring to minimizing the damages when crossing improved entrances and side roads.
B) Above-ground appurtenances constructed as component parts of underground communication or electric power lines shall be located within one foot of the right-of-way line or as near as practicable.
2) Underground Crossings
Underground power and communication lines will be permitted to cross conventional highways under the following conditions:
A) The design materials and construction methods shall be those that can be expected to provide maximum maintenance-free service life.
B) Encasement shall be provided between jacking or bore pits, if the crossing is installed by boring or jacking.
C) Encasement may be eliminated under the following conditions:
i) The crossing is installed by the use of "moles," "whip augers" or other approved methods which compress the earth to make the opening for cable installation.
ii) The installation is by the open trench method. This method is only permitted prior to roadway construction.
##### **92 Ill. Adm. Code 530.410** Underground Facilities – Gas Transmission Lines {#sec-530.410 omnilex-key=us-il-regs-official--title-92--530.410}
a) General
1) Gas pipelines shall be constructed, maintained, and operated in a Department approved, as defined in Section 530.30, manner and in conformance with "Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards" incorporated by reference at Section 530.20.
2) Crossing installations by open trench will be permitted only prior to roadway construction with vented encasement provided between ultimate ditch lines or toes of slopes of the highway as a minimum or as directed by the engineer. No above-ground vent pipes shall be located in the area established as clear zone for that particular section of highway.
3) Gas pipeline crossings shall have a minimum cover of 30 inches at all locations on right-of-way, including below design ditch elevation even if the ditch is higher than design elevation.
b) Fully Access-controlled Highways
1) Longitudinal Gas Pipelines:
New longitudinal gas pipelines will not be permitted within the access-control lines of fully access-controlled highways. Existing longitudinal gas pipelines may be permitted to remain if they can be serviced without access from the through-travel lanes, shoulders, or ramps of the fully access-controlled highway.
2) Gas Pipeline Crossings:
Gas transmission and distribution lines may be permitted to cross fully access-controlled highways under the following conditions:
A) The crossing provides a transmission or distribution service to a general area or an expanding area. No individual service lines will be permitted to cross a fully access-controlled highway except in cases of extreme hardship involving critical needs and isolated locations.
B) The design, materials and construction methods shall be those that can be expected to provide maximum maintenance-free service life.
C) Crossings under completed highway projects shall be installed by jacking or boring with vented encasement provided between the ditch lines or toes of slopes of the highway as a minimum or as directed by the engineer. No above-ground vent pipes shall be located in the area established as clear zone for that particular section of highway. The crossing may be installed using tunneling with vented encasement but only when the installation is not possible by other means. When tunneling, the venting of the encasement shall extend to within one foot of the right-of-way line. Crossings may also be installed by the use of "moles," "whip augers" or other approved methods which compress the earth to make the opening for pipe.
D) Encasement may be eliminated under the following conditions:
i) extra heavy pipe is used; and
ii) cathodic protection of the pipe is provided.
E) If encasement is eliminated, maintenance of damaged or decayed pipe may not disrupt the right-of-way. (See Section 530.30 "Disrupt the right-of-way")
F) Locations shall be avoided where rock excavation or deep cuts would make crossings with proper cover impractical.
G) The locations of the crossing pipe shall be marked at the right-of-way line with markers that identify the utility and provide emergency telephone numbers.
c) Conventional Highways
1) Longitudinal Gas Pipelines:
A) Gas pipelines for transmission, distribution, and service may be permitted longitudinal to the centerline of conventional State highways if the materials, construction methods, and other elements are in conformance with the provisions of this Part.
B) Longitudinal gas transmission lines shall be located as near the right-of-way line as practicable and not more than eight feet from and parallel to the right-of-way line.
2) Gas Pipeline Crossings:
Gas pipelines for transmission, distribution, and service may be permitted to cross conventional State highways under the following conditions:
A) Crossings of over 60 psig shall be installed by jacking or boring with vented encasement provided between the ditch lines or toes of slopes of the highway as a minimum or as directed by the engineer. No above-ground vent pipes shall be located in the area established as clear zone for that particular section of highway. The crossing may be installed using tunneling with vented encasement, but only when the installation is not possible by other means. When tunneling, the venting of the encasement shall extend within one foot of the right-of-way line. Crossings may also be installed by the use of "moles," "whip augers" or other approved methods which compress the earth to make the opening for the pipe.
B) Encasement will not be required for crossings of 60 psig or less.
C) Encasement may be eliminated under the following conditions:
i) extra heavy pipe is used; and
ii) cathodic protection of the pipe is provided.
D) If encasement is eliminated, maintenance of damaged or decayed pipe may not disrupt the right-of-way. (See Section 530.30 "Disrupt the Right-of-Way")
E) The locations of the crossing pipe for transmission and distribution lines shall be marked at the right-of-way line with markers that identify the utility and provide emergency telephone numbers. In urban areas, the markers for transmission and distribution lines may be eliminated as provided in current Federal regulations. (See 49 CFR 192.707 (1989))
F) In built-up or expanding areas, frequent service crossings are discouraged in favor of establishing distribution on both sides of the highway. The Department reserves the right to reject permits involving frequent service crossings.
##### **92 Ill. Adm. Code 530.420** Underground Facilities – Petroleum Products Pipelines {#sec-530.420 omnilex-key=us-il-regs-official--title-92--530.420}
a) General
1) Petroleum products pipelines are those carrying crude or refined liquid petroleum products including, but not limited to, gasoline, distillates, propane, butane, or coal-slurry. Petroleum products pipelines are, with few exceptions, transmission lines delivering products to processing or distribution facilities. Petroleum products pipelines installed on State highway right-of-way shall conform to the applicable sections of ANSI Standard Code for Pressure Piping which is incorporated by reference in Section 530.20. (Liquid Petroleum Transportation Piping Systems ANSI-B 31.4)
2) Crossing installation by open trench will be permitted only prior to roadway construction with vented encasement provided between ultimate ditch lines or toes of slopes of the highway as a minimum or as directed by the engineer. No above-ground vent pipes shall be located in the area established as clear zone for that particular section of highway.
3) Encasement may be eliminated under the following conditions:
A) extra heavy pipe is used; and
B) cathodic protection of the pipe is provided.
4) If encasement is eliminated, maintenance of damaged or decayed pipe may not disrupt the right-of-way. (See Section 530.30 "Disrupt the Right-of-Way")
5) The location of petroleum products pipeline crossings shall be marked at the right-of-way lines with markers that identify the utility and provide emergency telephone numbers in accordance with current Federal regulations. (See 49 CFR 192.707 (1989))
b) Fully Access-controlled Highways
1) Longitudinal Petroleum Products Pipelines
New longitudinal petroleum products pipelines will not be permitted within the access-control lines of fully access-controlled State highways. Existing longitudinal installations shall be relocated if they cannot be serviced except from through travel lanes, shoulders, or ramps of the highway. Longitudinal petroleum products pipelines may be permitted outside the access-control lines where frontage roads or other corridors provide access for servicing the facilities.
2) Petroleum Products Pipeline Crossings
Petroleum products pipelines may be permitted to cross fully access-controlled highways under the following conditions:
A) The design, construction methods and materials shall be those that can be expected to provide maximum maintenance-free service life.
B) Crossing of completed highway projects shall be installed by jacking or boring with vented encasement provided between the ditch lines or toes of slopes of the highway as a minimum or as directed by the engineer. No above-ground vent pipes shall be located in the area established as clear zone for that particular section of highway. The crossing may be installed using tunneling with vented encasement, but only when the installation is not possible by other means. When tunneling, the venting of the encasement shall extend to within one foot of the right-of-way line.
C) Locations shall be avoided where rock excavation or deep cuts would make crossings with proper cover impractical.
c) Conventional Highways
1) Longitudinal Petroleum Products Pipelines
A) Longitudinal petroleum products pipelines may be permitted on conventional State highways if the materials, construction methods and other elements are in conformance with the provisions of this Part.
B) Longitudinal petroleum products pipelines shall be located as near the right-of-way lines as practicable and not more than eight feet from and parallel to the right-of-way line.
2) Petroleum Products Pipeline Crossings
Petroleum products pipeline crossings may be permitted to cross conventional highways under the following conditions:
A) The materials, construction methods and other elements are in conformance with this Part.
B) Crossings shall be installed by jacking or boring under completed highway projects with vented encasement provided between ditch lines or toes of slopes of the highway as a minimum or as directed by the engineer. No above-ground vent pipes shall be located in the area established as clear zone for that particular section of highway. The crossing may be installed using tunneling with vented encasement, but only when the installation is not possible by other means. When tunneling, the venting of the encasement shall be within one foot of the right-of-way line.
##### **92 Ill. Adm. Code 530.430** Underground Facilities – Waterlines {#sec-530.430 omnilex-key=us-il-regs-official--title-92--530.430}
a) General
1) Waterlines generally are those pipelines carrying potable water. Permit applications for waterlines shall indicate that all requirements of the Illinois Environmental Protection Agency, Division of Public Water Supplies, have been satisfied. Waterlines shall be installed to meet or exceed the recommendations of the current "Standard Specifications for Water and Sewer Main Construction in Illinois" which is incorporated by reference in Section 530.20.
2) Water main cover shall be sufficient to provide freeze protection and shall be maintained at a minimum of three feet.
3) Encasement may be omitted if pipe is installed prior to highway construction and continuous or restrained joint carrier pipe is used. Bell and spigot type shall be encased regardless of installation method.
4) Longitudinal lines shall be located as near the right-of-way line as practicable and no more than eight feet from and parallel to the right-of-way line.
5) Ground-mounted appurtenances to waterlines shall be located within one foot of the right-of-way line or as near as practicable.
b) Fully Access-controlled Highways
1) Longitudinal Water Mains
New longitudinal water mains will not be permitted between the access-control lines of fully access-controlled highways. Existing longitudinal installations shall be relocated if they cannot be serviced except from through-travel lanes, shoulders, or ramps of the highway. Longitudinal water mains may be permitted outside the access-control lines of fully access-controlled highways if frontage roads or other corridors provide access for servicing the lines.
2) Water Main Crossings
Water main crossings of fully access-controlled highways may be permitted under the following conditions.
A) The design, construction methods and materials shall be those that can be expected to provide maximum maintenance-free service.
B) Crossing of completed highway projects shall be installed by jacking or boring with encasement provided between jacking or bore pits.
C) Crossing shall provide water service to a general or expanding area.
D) Individual service crossing under fully access-controlled highways will not be permitted except involving isolated locations such as landlocked areas.
c) Conventional Highways
1) Longitudinal Water Mains
Longitudinal water mains may be permitted on the right-of-way of conventional highways if they conform to the general provisions of this Section.
2) Water Main and Service Crossings
Water main and service crossings of conventional State highways may be permitted under the following conditions:
A) The crossings shall be installed by jacking or boring under completed highway projects.
B) Encasement shall be furnished between bore pits unless continuous pipe or Department approved jointed pipe is used under the roadway structure (see Section 530.30, "Department Approved").
##### **92 Ill. Adm. Code 530.440** Underground Facilities – Sewer Lines and Drainage Lines {#sec-530.440 omnilex-key=us-il-regs-official--title-92--530.440}
a) General
1) Sanitary sewers and storm sewers other than those installed only for highway drainage shall be regulated by this Part. Drainage piping owned and operated by an organized drainage district, sanitary district, municipality, or individual is regulated by this Part.
2) Permit applications for sewerline installations shall indicate that the land and water pollution requirements of the Illinois Environmental Protection Agency, Division of Water Pollution Control, have been satisfied. Sewer lines shall be installed to meet or exceed the recommendations of the current "Standard Specifications for Water and Sewer Main Construction in Illinois," which is incorporated by reference in Section 530.20.
3) Sewer and drain lines shall have minimum cover of 30 inches with cover sufficient for freeze protection.
4) Longitudinal lines shall be located as near the right-of-way line as practicable and no more than eight feet from and parallel to the right-of-way line.
5) Storm sewers, sanitary sewers, or drainage lines may be permitted to cross highways under the following conditions:
A) The design, construction methods and materials shall be those that can be expected to provide maximum maintenance-free service life.
B) Casing may be omitted for crossings installed by open trench method prior to highway construction if the sewer system is unpressurized or if Department approved continuous pipe or Department approved jointed pipe is used (See Section 530.30 "Department Approved"). Such uncased installation shall preclude future repair or maintenance under the roadway structure.
C) Crossings of completed highway projects shall be installed by jacking or boring with encasement provided between bore or jacking pits.
b) Fully Access-controlled Highways
New longitudinal storm sewers, sanitary sewers, or drainage lines that are not a part of the highway facilities will not be permitted between the access-control lines of fully access-controlled highways. Existing longitudinal sewage or drainage systems may be permitted to remain if they can be serviced without access from the through-travel lanes, shoulders, or ramps of the highway.
c) Conventional Highways
Longitudinal sewer and drain lines may be permitted on conventional State highways if they conform to the general provisions of this Section.
##### **92 Ill. Adm. Code 530.450** Above-Ground Facilities – Power and Communication Lines {#sec-530.450 omnilex-key=us-il-regs-official--title-92--530.450}
a) General
An application for a permit for a new power or communication installation system shall include evidence, if required, that a "Certificate of Public Convenience and Necessity" has been issued by the Illinois Commerce Commission. Electric power or communications installations on State highway right-of-way shall be constructed, operated, and maintained in conformity with the provisions of the National Electrical Safety Code and Illinois Commerce Commission's rules entitled, "Construction of Electric Power and Communication Lines" (83 Ill. Adm. Code 305) except for certain vertical clearance requirements as hereinafter noted.
1) Ground Mounted Appurtenances
Ground mounted appurtenances shall be provided with a vegetation-free area extending one foot beyond the appurtenance in all directions. The vegetation-free area may be provided by an extension of the mounting pad, or by heavy duty plastic or similar material. With the approval of the District Engineer, shrubbery surrounding the appurtenance may be used in place of vegetation-free area. The housing for ground mounted appurtenances shall be painted an inconspicuous color.
2) Guy Wires and Brace Posts
A) Guys and braces will not be allowed on the right-of-way.
B) When a variance is allowed, in accordance with Section 530.130, guy wires shall be equipped with guy guards for maximum visibility.
b) Fully Access-controlled Highways
1) Longitudinal Lines
A) Longitudinal pole lines will not be permitted within the access-control lines of fully access-controlled highways except existing installations that can be serviced without access from the through traffic roadway or ramps.
B) Longitudinal pole lines may be permitted outside the access-control lines of fully access-controlled highways where frontage roads or other corridors provide access for servicing the installation and overhanging of the access-control line is minimal.
2) Overhead Crossings
A) Overhead crossings of power and communication lines over fully access-controlled highways shall provide a minimal vertical clearance over the roadway of 20 feet with additional clearances as required by Illinois Commerce Commission's rules entitled, "Construction of Electric Power and Communication Lines" (83 Ill. Adm. Code 305) for higher voltage lines. Where practicable, the crossing shall span the entire right-of-way with no poles, guys, or appurtenances within the access-control lines.
B) Supporting poles shall be in compliance with the latest AASHTO "A Policy on the Accommodation of Utilities Within Freeway Right-of-Way," incorporated by reference in Section 530.20, and the minimum offset allowable to the tower or pole shall be in accordance with the clear zone as provided in the latest AASHTO Roadside Design Guide, incorporated by reference in Section 530.20.
C) Overhead crossings of interchanges that would require poles, towers, guy wires or brace posts within the interchange will normally not be permitted except in cases of extreme need. The installation shall be in compliance with the latest AASHTO "A Policy on the Accommodation of Utilities Within Freeway Right-of-Way," incorporated by reference in Section 530.20, and the minimum offset allowable to the tower or pole shall be in accordance with the clear zone as provided in the latest AASHTO Roadside Design Guide, incorporated by reference in Section 530.20.
D) Overhead crossings shall be transmission or distribution lines serving a general area or to serve a developing area. No individual service crossings will be permitted to cross a fully access-controlled highway except involving isolated locations such as landlocked areas.
c) Conventional Highways
1) Longitudinal Lines
A) Overhead power and communication lines longitudinal to the centerline of conventional State highways shall be of single pole construction located as near as practicable to the right-of-way line and as nearly parallel to the right-of-way line as reasonable pole alignment will permit.
i) In urban areas, where pavement is curbed, poles are to be as remote as practicable from the curb with a minimum distance of 1.5 feet behind the face of the curb.
ii) In urban areas, where pavement is uncurbed, poles shall be as remote from the pavement as practicable with a minimum distance of four feet outside the outer shoulder line of the roadway and not within the clear zone.
B) Joint use of poles will be required where practical.
C) No utility poles will be permitted in the ditch line of any State highway.
D) Ground-mounted appurtenances to electric power or communication lines shall be located within one foot of the right-of-way line or as near as practicable.
2) Overhead Crossings
A) Overhead power and communication lines crossing conventional highways shall have a minimum vertical line clearance over the roadway of 18 feet with additional clearances as required by Illinois Commerce Commission's rules entitled, "Construction of Electric Power and Communication Lines" (83 Ill. Adm. Code 305) for higher voltage lines.
B) Poles shall be located within one foot of the right-of-way of the highway and outside of the clear zone.
C) Overhead crossings at major interchanges will be discouraged.
D) In expanding areas, frequent service crossings will be discouraged in favor of requiring distribution systems on both sides of the highway.
##### **92 Ill. Adm. Code 530.460** Above-Ground Facilities – Light Poles and Lighting Power Lines {#sec-530.460 omnilex-key=us-il-regs-official--title-92--530.460}
a) General
1) This Section applies to poles used solely for lighting. Poles used for both lighting and transmission/distribution shall meet the requirements of Section 530.450.
2) Ground mounted appurtenances shall be provided with a vegetation-free area extending one foot beyond the appurtenance in all directions. The vegetation-free area may be provided by an extension of the mounting pad, or by heavy duty plastic or similar material. With the approval of the District Engineer, shrubbery surrounding the appurtenance may be used in place of vegetation-free area. The housing for ground mounted appurtenances shall be painted an inconspicuous color.
3) Guy Wires and Brace Posts
A) Guys and braces will not be allowed in the clear zone on the right-of-way.
B) When guy wires are allowed, guy wires shall be equipped with guy guards for maximum visibility.
4) Joint Use of Poles
A) Poles supporting both lights and lighting power lines shall meet the criteria for light poles except joint use of poles will not be permitted in the clear zone.
B) Joint use of poles will be required where practical.
b) Light Poles
1) Light poles shall be of single pole construction located as near as practicable to the right-of-way line and, where possible, in protected areas.
A) In urban areas where pavement is curbed, light poles are to be as remote as practicable from the curb with a minimum distance of 1.5 feet behind the face of the curb.
B) In urban areas, where pavement is uncurbed, light poles shall be as remote from the pavement as practicable with a minimum distance of four feet outside the outer shoulder line of the roadway.
2) No light poles will be permitted in the ditch line of any State highway.
3) A light pole located in the clear zone will be breakaway unless:
A) It cannot be struck by errant vehicles because it is behind or on a barrier, or is protected by crash cushions which are necessary for other roadway design reasons; or
B) The amount of pedestrian traffic on nearby pedestrian facilities is such that a breakaway support would present a greater potential hazard to the pedestrian traffic than a non-breakaway support would present to the vehicular traffic. Examples of such locations include sports stadiums and associated parking areas, tourist attractions, school zones, central business districts, and local residential neighborhoods where the speed limit is 30 miles per hour or less.
4) Light poles located outside the clear zone of roadways, where no pedestrian facilities exist, shall be breakaway where there is a possibility of being struck by errant vehicles.
c) Lighting Power Lines
Power lines serving only to provide power to lights must meet the same criteria as power and communication lines. (See Section 530.450)
##### **92 Ill. Adm. Code 530.470** Above-Ground Facilities – Other Utilities {#sec-530.470 omnilex-key=us-il-regs-official--title-92--530.470}
Only light poles, power lines and communication lines facilities and appurtenances to underground facilities such as regulator vault gauge boxes, highway crossing casing vents, service and system pressure regulator installations and pipeline markers will be allowed above-ground on State highways.
##### **92 Ill. Adm. Code 530.480** Track and Rail Facilities {#sec-530.480 omnilex-key=us-il-regs-official--title-92--530.480}
An applicant may be granted a permit for the placement of track and rails on a State highway right-of-way based upon the following classifications: a) An applicant which is a registered rail carrier in accordance with the rules and procedure of the Illinois Commerce Commission shall, in addition to the permission required by this Part, have the permission of the ILCC to place track and rail across a highway at grade.
b) An applicant which is a registered rail carrier shall secure the permission required by this Part to place track and rail in any manner on highway right-of-way except as provided in Section 530.480(a).
c) An applicant which is not a registered rail carrier shall secure the permission required by this Part to place track and rail on highway right-of-way in any manner.
d) A registered rail carrier which has track and rail facilities located at grade or otherwise on highway right-of-way pursuant to permit issued by the Department, agreement with the Department or order of the ILCC issued prior to the adoption of this Part need not comply with the provisions of Section 530.40(i).
##### **92 Ill. Adm. Code 530.500** Construction Methods for Utility Installations {#sec-530.500 omnilex-key=us-il-regs-official--title-92--530.500}
a) Utility facilities shall be installed in a Department approved manner, as defined in Section 530.30. Compliance with this Section does not necessarily constitute compliance with relevant rules of other State agencies such as the ILCC rules entitled "Construction of Electric Power and Communication Lines" (83 Ill. Adm. Code 305) and applicable Environmental Protection Agency regulations.
b) Boring or Jacking
1) Boring or jacking under State highways shall be accomplished from pits located a minimum of 30 feet from the edge of pavement on fully access-controlled highways and at a distance of ten feet plus the depth of the pit without shoring on conventional highways. If shoring is used, the pits shall be located a minimum of ten feet from the edge of pavement on conventional highways. The shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation.
2) Wet boring or jetting will not be permitted under the roadway structure of State highways.
3) Borings over six inches in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch. Borings six inches and under may be accomplished by either jacking, guided whip auger, or auger with following pipe method. Pits for boring or jacking shall be excavated no more than 48 hours in advance of boring or jacking operations and backfilled within 48 hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades.
c) Trenching
1) The length of open trench shall be kept to the practicable minimum consistent with requirements for pipeline testing.
2) Open trench and windrowed excavated material shall be protected as required by Section 530.240. Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection.
3) Excavated material will not be allowed to remain on the paved portion of the roadway. Where right-of-way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off-road location.
4) Any utility located within the drip line of any tree designated by the Department to be spared shall be bored under the root system.
d) Backfilling
1) All trenches and excavations under pavements shall be backfilled with a Department approved granular material and compacted in a Department approved manner as defined in Section 530.30.
2) All other excavations shall be refilled with Department approved materials and construction methods, including compaction as defined in Section 530.30. When excavated material is hauled away or is unsuitable for backfill, suitable granular backfill shall be used.
e) Pavement Cuts
Pavement cuts for utility installation or repair will not be permitted on any State highway open for traffic. If a variance is permitted in accordance with Section 530.130, the following requirements shall apply:
1) All saw cuts will be full depth.
2) Restoration of pavement shall be completed as quickly as feasible and shall be done in accordance with Section 530.250.
3) Unless otherwise directed, temporary repair with bituminous mixture shall be allowed.
4) Any failure of either the temporary repair or the restored pavement shall be immediately corrected.
f) Material Storage on Right-of-Way
All pipe, conduit, wire, poles, cross arms or other materials distributed along the highway prior to installation shall be placed as remotely as practicable from the edge of pavement in a manner to minimize its being a hazard to errant vehicles or an obstacle to highway maintenance and not in the clear zone. If material is to be stored on highway right-of-way for more than two weeks prior to installation, approval must be obtained from the Department as defined in Section 530.30.
g) Operational Restrictions
1) Utility construction or maintenance operations on State highway right-of-way may be required to be discontinued during periods of inclement weather when such operations would create extraordinary hazards to highway traffic (e.g. the use of steel plates may be restricted in winter).
2) Such operations may also be required to be discontinued or restricted when soil conditions are such that the utility work would result in extensive damage to the highway right-of-way.
3) These restrictions will be waived when emergency work is required to restore vital utility services.
##### **92 Ill. Adm. Code 530.510** Encasement {#sec-530.510 omnilex-key=us-il-regs-official--title-92--530.510}
a) Encasement of underground utility crossings where required is intended to serve one or more of the following purposes:
1) To allow replacement of utility without future disruption of roadway structure.
2) To allow installation of additional facilities without future disruption of roadway structure.
3) To vent or drain leaks of volatile gases or liquids that might occur under the roadway structure.
4) To serve as bridge or carrier through unstable soil structure.
5) To prevent cavitation under pavement structure from leaks of pressurized liquids.
6) To allow ease of insertion and coating protection of utility conductor or carrier.
7) To provide protection of utility conductor or carrier from superimposed loads or "dig-in" damage.
b) Casing pipe shall be designed to withstand the load of the highway and any other superimposed loads. The casing shall be continuous either by one-piece fabrication or by welding or jointed installation approved by the Department as defined in Section 530.30.
c) Underground utility crossings without encasement will generally preclude future maintenance or repair in the area between ditch lines or toes of slopes.
##### **92 Ill. Adm. Code 530.520** Post Installation Location {#sec-530.520 omnilex-key=us-il-regs-official--title-92--530.520}
All non-metallic underground utilities will have a Department approved metallic locator installed above the facility.
##### **92 Ill. Adm. Code 530.530** Track and Rail Inspection and Maintenance {#sec-530.530 omnilex-key=us-il-regs-official--title-92--530.530}
a) A permittee, other than a registered rail carrier classified in accordance with Section 530.480(a), shall in addition to special permit conditions undertake the following inspection and maintenance obligations.
1) Inspect its facilities at least once a year, unless otherwise specified by its permit.
2) Maintain its track and rail facilities to meet the following standards:
A) The rails on at-grade crossings shall be flush with the highway surface. Crossing materials shall not be loose or unstable. The highway surface shall not be rough (i.e., deviations in surface plane shall not exceed 3/4" in any one yard square area).
B) Warning and protection devices shall be fully functional.
C) Each overpass must be able to support the loads for which it is designed and used. Furthermore, portions of an overpass structure or other materials shall not be allowed to fall onto the highway below.
D) Underpasses must be able to support the highway and its users above.
3) Submit condition/inspection reports.
A) Said reports shall have a format which meets the information requirements of the Department and the National Bridge Inspection Standards, incorporated by reference in Section 530.20.
B) The reports shall be submitted to the appropriate Department's District Office issuing the permit within 25 days after the inspection of the facility.
C) If an imminently dangerous condition is found at a track and rail facility, that condition shall be immediately reported to the Department.
4) Take all necessary steps to keep the highway open and safe for motorists.
b) A permittee classified in accordance with Section 530.480(a) shall undertake the inspection and maintenance obligations required by the statutes governing, regulations adopted and orders issued by, the ILCC.
c) The Department may make verification inspections of track and rail facilities to ascertain whether they are being properly maintained and whether condition reports of those facilities are accurate. Deficiencies shall be corrected within 30 days unless otherwise specified.
d) The inspection and maintenance required by this Part shall not apply to registered rail carriers which have track and rail facilities located at grade or otherwise on highway right-of-way pursuant to permit issued by the Department, agreement with the Department or order of the ILCC prior to the adoption of this Part.
##### **92 Ill. Adm. Code 530.600** Tree Trimming {#sec-530.600 omnilex-key=us-il-regs-official--title-92--530.600}
a) The Department's policies for the preservation and conservation of roadside trees, shrubs, and turf are based on the inherent value of these environmental features to the public well-being and enjoyment.
b) Tree trimming for line clearance shall not be considered a normal maintenance operation and each tree trimming project shall require the application for and the issuance of a separate working permit.
c) Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workmen with supervision who are experienced in accepted tree pruning practices.
d) Poor pruning practices resulting in damaged or misshapened trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages.
e) The Department will require compensation for trees extensively damaged and for trees removed without authorization. The formula developed by the International Society of Arboriculture, incorporated by reference in Section 530.20, will be used as a basis for determining the compensation for damaged trees or unauthorized removal of trees.
f) The Department may require the removal of trees if trimming or radical pruning would leave them in an unacceptable condition.
g) The Department may require that special measures be taken to preserve specimen trees or trees of special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means.
h) Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished.
##### **92 Ill. Adm. Code 530.610** Chemical Vegetation Control {#sec-530.610 omnilex-key=us-il-regs-official--title-92--530.610}
a) Spraying of live foliage with any type of brush-killing chemicals in lieu of cutting will not be permitted on State highway right-of-way.
b) Each permit application for chemical use for growth retardant or prevention of reestablishment of brush will be considered individually. Approval or disapproval will be based on the location and the proposed methods and materials.
c) Permit applications for chemical control of vegetation shall require certification that the work will be accomplished by personnel licensed by the Department of Agriculture as Herbicide Applicators.
##### **92 Ill. Adm. Code 530.700** General {#sec-530.700 omnilex-key=us-il-regs-official--title-92--530.700}
a) It shall be the general policy of the Department to grant approval for accommodation of utilities on bridges only when engineering and economic study substantiates that all other means of accommodating the utility are not practical. Other means shall include, but not be limited to, underground, under stream, independent poles, cable supports and tower supports, all of which are completely separated from the bridge. The utility company shall include supporting data in their request that indicates the impracticality of alternate routing.
b) This Section covers the requirements, limitations, procedures, and assessment of charges for the permitted attachment of utility facilities to bridges or traffic structures on or over State highways that are under the jurisdiction of the Department of Transportation.
c) The provisions of this Section are applicable to both existing and proposed bridges for the attachment of a new utility, the expanding of an existing utility attachment, or the voiding of an attachment permit.
d) Utility facilities attached to highway structures constitute varying degrees of hazards to the highway user and to the structure itself. Utility facilities transmitting commodities that are volatile, flammable, corrosive, or energized, especially those under significant pressure or potential, present the higher degrees of risk and such installations will normally not be permitted. Approval or disapproval of an application for utility attachment to a highway structure will be based on the following considerations:
1) The type, volume, pressure or voltage of the commodity to be transmitted and an evaluation of the resulting risk to the highway user.
2) The type, length, value, and relative importance of the highway structure in the transportation system.
3) The alternative routings available to the utility and their comparative practicality.
4) The proposed method of attachment.
5) The degree of interference with bridge maintenance and painting.
6) The effect on the visual quality of the structure.
7) The public benefit expected from the utility service as compared to the risk involved.
e) When the Department requires the removal or adjustment of any existing utility attachment due to the renovation or removal of an existing bridge, the existing permit will be automatically voided, and if a new permit is applied for and approved, the utility owner will be assessed in accordance with this Part.
f) The issuance of a Bridge Attachment Permit will acknowledge receipt of the assessment charge and will give the necessary permission to attach, operate, and maintain the facility. In the case of a new structure, the permit will serve as an agreement during the period of construction and as a permit to attach, operate, and maintain the facility upon completion of the construction.
g) The utility owner shall provide approved cut-off facilities at each end of the highway structure in order that service through the facilities attached to the structure can be cut off in case of accident or other occurrence requiring such interruption.
##### **92 Ill. Adm. Code 530.710** Methods of Attachment {#sec-530.710 omnilex-key=us-il-regs-official--title-92--530.710}
a) Prohibited Attachment
No utility attachment to a bridge or traffic structure will be considered that proposes any of the following practices:
1) Burying conduits or cables in bridge slabs or sidewalks.
2) Drilling holes outside the middle third of the web of load carrying steel structural elements.
3) Welding on structural steel elements of the structure.
4) Drilling into prestressed or post-tensioned concrete supporting beams.
5) Casting inserts into the bottom of prestressed concrete members.
6) Attaching in a manner that will reduce critical clearances.
7) Attaching outside the fascia of the bridge or structure.
8) Gas pipelines over four inches in diameter or having internal pressure in excess of 75 psig.
9) More than one gas pipeline for each structure.
10) Pipelines carrying liquids or gases of an extraordinarily hazardous nature shall not be attached to highway structures.
b) Acceptable Attachment Practices
When and where the attachment of a utility to a highway bridge or structure is given favorable consideration, the following general practices shall be followed:
1) The attachment shall be located below the floor of the structure between beams or girders and above the lowest structural member on existing structures. Conduits may be designed into a new structure for approved attachments.
2) Supports and hangers shall be designed to clamp or bolt to steel structural elements.
3) Supports and hangers shall be designed to clamp or bolt to prestressed or post-tensioned concrete structural elements without drilling.
4) Utility facilities may be hung from inserts drilled on existing bridges or cast on new construction into non-critical concrete areas such as the floor slab. Inserts on new construction will be furnished and installed by the Department and shown in detail on construction plans.
5) The petitioner shall submit plans and specifications showing the size, weight per foot, and proposed method of attachment of the utility elements and stating the type of commodity to be transmitted, the proposed pressure or voltage, and giving the proposed location of cutoffs adjacent to the structure.
6) A permit for bridge attachment will provide conduit or pipe capacity for any anticipated expansion. In the interest of simplification, the assessment charge shall be calculated assuming that all conduits of the proposed system are filled.
7) All work of attachment and maintenance of the utility facilities shall be accomplished by the utility. In the case of a new bridge or traffic structure, the contract special provisions will require the State's contractor to cooperate with the utility company with the understanding that the utility company will furnish and install the necessary conduits or pipes and appurtenances.
##### **92 Ill. Adm. Code 530.800** Denial of Applications {#sec-530.800 omnilex-key=us-il-regs-official--title-92--530.800}
a) A permit shall be granted unless the Department makes any of the following findings:
1) that an applicant has a history of not responding to Department requests;
2) there is no public need for the placement of the requested facility on the highway right-of-way;
3) the placement of the requested facility on the highway right-of-way will unduly threaten the safety and convenience of highway users;
4) that the proposed facility, its installation, or its maintenance will interfere with the ability of the Department to construct, maintain, operate or improve the highway, including appurtenant facilities;
5) the proposed installation is not in compliance with this Part; or
6) that the applicant does not have liability insurance sufficient to satisfy Section 530.50 Indemnification and Insurance.
b) If an application for a permit is denied, the Department will submit a letter to the utility company explaining the reason for denial. The application may be resubmitted for consideration if the application can be modified to meet the Department's objections as specified in the letter of denial.
##### **92 Ill. Adm. Code 530.810** Sanctions and Other Remedies {#sec-530.810 omnilex-key=us-il-regs-official--title-92--530.810}
a) Failure of the permittee to do any of the following constitutes grounds to revoke a permit issued under this Part:
1) comply fully with the terms of the permit, including the provisions set forth in this Part;
2) remove, relocate, or otherwise modify its facility, in a timely manner, when required to do so by the Department; and
3) pay, within 90 days, the costs apportioned to it pursuant to Section 530.320 and provisions of this Part.
b) Noncompliance of a continuing, pervasive, or serious nature may result in the revocation or modification of all of the permittee's permits throughout the State.
c) Upon revocation of its permit, or if notified that no valid permit exists and that a permit is required, the responsible party shall remove its facility in a timely manner (See Section 530.30 "Timely") at no expense to the Department.
d) If the Department finds mitigating circumstances (such as unavailability of funds or that the failure to comply had not caused major problems), the Department may impose sanctions and conditions on a permittee which may include, but not be limited to, the following:
1) The permit may be revoked in part.
2) A surety bond may be required, even for facilities already in place.
3) Existing and future facilities may be required to be buried and encasement may also be required.
e) Failure of a permittee (or former permittee) to comply with the Department's notice of revocation or amendment constitutes a violation of this Part and Section 9-113 of the Code.
##### **92 Ill. Adm. Code 530.820** Incompatibility with Highway Use {#sec-530.820 omnilex-key=us-il-regs-official--title-92--530.820}
If the continued use and occupancy of the right-of-way is incompatible with highway needs, the Department may require the permittee to modify or remove its facility and may amend or revoke the permit.
##### **92 Ill. Adm. Code 530.830** Non-Use {#sec-530.830 omnilex-key=us-il-regs-official--title-92--530.830}
a) The permittee shall notify the Department within 15 days of the termination of its use of a facility. If requested to do so by the Department, the permittee shall remove its facilities and restore the right-of-way in accordance with Section 530.250. Such removals are not expected to be normal requirements, and will be requested only when the abandoned or non-used utility facilities will interfere with anticipated construction or other anticipated use of the right-of-way in the area, or when existence of the abandoned or non-used utility facilities could be detrimental to the highway. The Department may require the permittee to convey ownership, control, and responsibility of the abandoned facility to the State of Illinois in exchange for being allowed to leave the facility in or on the right-of-way.
b) If the permittee terminates its use of facilities attached to a bridge or traffic structure, the Department may require all utility appurtenances be removed at the permittee's expense. The removal shall include all clamps or other appurtenances. The bridge or traffic structure where appurtenances were located shall be painted and restored to its original condition as part of the removal.
##### **92 Ill. Adm. Code 530.840** Change of Ownership or Owner's Identity or Legal Status {#sec-530.840 omnilex-key=us-il-regs-official--title-92--530.840}
a) The permittee shall notify the Department's District Office that issued the permit within ten days prior to the transfer of a permitted facility to another party.
b) The new owner shall request that the permit be amended to show current ownership. If the new owner fails to have a new or amended permit issued in its name, the new owner shall be presumed to have accepted, and agreed to be bound by, the terms and conditions of the permit if the new owner uses the facility or allows it to remain on the State's right-of-way.
c) If a permittee is sold (e.g., a corporation is sold), no change in the permit is required. The new owner of the permittee shall have all the obligations and privileges enjoyed by the former owner.
d) If the legal status of the permittee changes (e.g., corporate merger or the incorporation of a partnership), the permittee is still bound by the permit, but must notify the Department of the change in the legal status.
##### **92 Ill. Adm. Code 530.900** Administrative Review {#sec-530.900 omnilex-key=us-il-regs-official--title-92--530.900}
a) If the applicant and the District cannot agree either on whether the permit should be issued or on what conditions would be appropriate, the applicant may, within 15 days after the issuance of written notice of the District's position, appeal the District's determination to the Chief of the Department's Central Bureau of Maintenance.
b) This appeal shall be in writing, shall clearly State the areas of disagreement and the basis for the applicant's position, and shall be directed to:
Illinois Department of Transportation
Division of Highways
Chief of the Bureau of Maintenance
2300 South Dirksen Parkway
Springfield, Illinois 62764
c) If requested in the appeal, the Chief of the Department's Bureau of Maintenance or designee shall provide an opportunity to be heard within ten days after the request. In availing itself of this opportunity, the applicant may present evidence and arguments which may tend to rebut the District's determination which is being appealed.
d) The Bureau Chief should either reaffirm or revise, in writing, the initial determination within 15 calendar days after having heard the applicant's appeal. If no reaffirmation or modification of the Department's determination is made within 15 calendar days, that determination shall remain in effect as if expressly affirmed.
##### **92 Ill. Adm. Code 530.ILLUSTRATION** A District Boundary Map {#sec-530.illustration omnilex-key=us-il-regs-official--title-92--530.ILLUSTRATION}
#### **Part 532** Mailbox Turnouts
##### **92 Ill. Adm. Code 532.10** Order {#sec-532.10 omnilex-key=us-il-regs-official--title-92--532.10}
The Department shall publish and maintain a manual providing design standards and rules governing the construction and maintenance of mailbox turnouts on highways in the State of Illinois.
##### **92 Ill. Adm. Code 532.20** Guidelines {#sec-532.20 omnilex-key=us-il-regs-official--title-92--532.20}
a) The Bureau of Maintenance manual, subject as above, is designated as this Part.
b) The regulations and standards published in this manual govern the construction of mailbox turnouts on State and County highways.
c) The regulations and standards are not applicable to the construction of mailbox turnouts on Road District highways.
##### **92 Ill. Adm. Code 532.30** Responsibilities {#sec-532.30 omnilex-key=us-il-regs-official--title-92--532.30}
The Bureau of Maintenance and the Districts are responsible for ensuring compliance with the provisions of this manual.
##### **92 Ill. Adm. Code 532.40** Foreword {#sec-532.40 omnilex-key=us-il-regs-official--title-92--532.40}
a) This manual is developed to provide design standards, guidelines, rules and regulations to accomplish the Department's responsibilities mandated by Section 4-207 of the Illinois Highway Code (Ch. 121, Sec. 4-207), and by Departmental Order 16-8.
b) The primary aim of the manual's provisions is to administer the statutory mandate in a manner that will provide the optimum safety and convenience for the traveling public, the rural mail carriers, and the rural mail route patrons.
c) The provisions of this manual supersede all previously published policies and wherever existing rural mail facilities are not in compliance with the provisions of this manual they shall be brought into compliance as rapidly as practical considerations will permit.
##### **92 Ill. Adm. Code 532.110** Authority {#sec-532.110 omnilex-key=us-il-regs-official--title-92--532.110}
The authority for the Department's administration of a policy for mailbox facilities is contained in Section 4-207 of the Illinois Highway Code (Ch. 121, Sec. 4-207, Ill. Rev. Stat.) which reads as follows:
a) On all State highways the Department shall construct and maintain all-weather surfaces at boxes used for the receipt of United States mail.
b) The Department shall adopt and publish specifications detailing the kind and type of all-weather surface to be constructed and maintained and shall adopt and publish reasonable rules, regulations, and specifications governing the place of erection and maintenance of boxes for the receipt of United States mail on State highways.
c) No person shall erect or maintain a box for the receipt of the United States mail on any highway under the jurisdiction of the Department in violation of the rules, regulations, and specifications, adopted by the Department governing the erection and maintenance of such boxes. Violation of this provision is a petty offense. As amended by act approved Aug. 8, 1972, Effective Jan 1, 1973.
##### **92 Ill. Adm. Code 532.120** Statutory Responsibilities {#sec-532.120 omnilex-key=us-il-regs-official--title-92--532.120}
The Illinois Department of Transportation has the responsibility to administer the mailbox turnout mandate in a manner compatible with regulations of the U.S. Postal Service and compatible with Departmental policies.
##### **92 Ill. Adm. Code 532.130** Statutory Exceptions {#sec-532.130 omnilex-key=us-il-regs-official--title-92--532.130}
The Illinois Vehicle Code (Ch. 95½, Sec. 11-711, Ill. Rev. Stat.) provides that the Department may prohibit the use of controlled access highways by mail delivery vehicles (among other prohibited usage) picking up or delivering mail. Where such prohibition is in effect, alternate arrangement for mail delivery is necessary.
##### **92 Ill. Adm. Code 532.140** Application to Other Highway Systems {#sec-532.140 omnilex-key=us-il-regs-official--title-92--532.140}
County Highway Systems. The Illinois Highway Code in Section 5-411 (Ch. 121, Sec. 5-411m Ill. Rev. Stat.) assigns similar duties and responsibilites regarding mailbox turnouts to County Boards on the County highway systems and makes the rules developed by the Department apply to the County highway system.
##### **92 Ill. Adm. Code 532.210** Department Responsibilities {#sec-532.210 omnilex-key=us-il-regs-official--title-92--532.210}
The Illinois Department of Transportation has the responsibility to construct and maintain mailbox turnouts at approved locations on State Highways to provide all-weather surfaces and allow the mail carrier's vehicles to clear all or part of the traveled roadway when stopped to service the mailbox.
a) New or Reconstructed Highways
On new, or reconstructed, State highways, the construction of mailbox turnouts shall be an integral part of the design and construction and shall be built in accord with Highway Standard 2171 (Illustration 1) of the Design Manual. When the project design provides adequately stabilized shoulders, of adequate width, no additional mailbox turnouts will be constructed.
b) Existing Highways
1) Existing mailbox turnouts on existing highway shall be maintained as-built in a manner that will provide an all-weather surface as required by statute.
2) Relocated and new turnouts on existing highways shall be constructed in accord with Illustration 1 to the width that existing shoulder width will accommodate.
##### **92 Ill. Adm. Code 532.220** Rural Mail Carrier Responsibilities {#sec-532.220 omnilex-key=us-il-regs-official--title-92--532.220}
a) The rural mail carrier has the responsibility (as does every other motorist) to stop in a safe manner and shall not stop his vehicle on the pavement when it is practicable to stop his vehicle off the pavement. The Illinois Vehicle Code (Ch. 95½ Article XIII, Sec. 11-1301) requires that any stopped vehicle shall leave an unobstructed width of highway opposite the standing vehicle for the free passage of other vehicles and that a clear view of such stopped vehicle be available from a distance of 200 feet in each direction.
b) The rural mail carrier is permitted by the Illinois Vehicle Code (Ch. 95½, Sec. 12-214) to equip his vehicle with special flashing amber signal lamps meeting specified requirements which are to be used only to indicate to other traffic that a stop is being made.
##### **92 Ill. Adm. Code 532.230** Postal Patron Responsibilities {#sec-532.230 omnilex-key=us-il-regs-official--title-92--532.230}
The postal patron on a State or County highway has the responsibility to erect and maintain his mailbox and its supporting structure in compliance with regulations of the U.S. Postal Service and in compliance with rules of the Illinois Department of Transportation.
##### **92 Ill. Adm. Code 532.310** General {#sec-532.310 omnilex-key=us-il-regs-official--title-92--532.310}
Mailbox turnouts are to be located adjacent to the right traffic lane in relation to the established direction of travel of the rural mail carrier. To the extent practical, mailbox turnouts should be located for the convenience of the postal patrons. Mailbox turnouts should be located where a clear sight distance of 200 feet or more from both directions exists or can be provided.
##### **92 Ill. Adm. Code 532.320** Location Considerations {#sec-532.320 omnilex-key=us-il-regs-official--title-92--532.320}
a) When practical, mailbox turnouts should be located on the near side, in relation to direction of traffic, from a private entrance or side road to incorporate the entrance or roadway surface into the turnout length.
b) A location that would require or encourage a backing movement by the postal patron or mail carrier should not be considered.
c) Wherever practical, mailboxes should be grouped to minimize the number of stops required to serve the boxes.
d) When adjacent mailboxes are close together, and adequate shoulder width exists, consideration should be given to a continuous surfacing to eliminate as many off-on-movements as possible.
e) Where existing roadway shoulders are of adequate width, and adequately stabilized, no additional turnout surfacing will be provided.
f) The mounting of mailboxes back of barrier curbs which would cause stopping in a traveled lane should be discouraged. Postal authorities and affected postal patrons should develop alternate means of mail delivery.
##### **92 Ill. Adm. Code 532.330** Turnout Dimensions {#sec-532.330 omnilex-key=us-il-regs-official--title-92--532.330}
Standard mailbox turnouts will have the dimensions shown on Illustration A with maximum width (up to 8 feet) the roadway shoulder will accommodate.
##### **92 Ill. Adm. Code 532.340** Surface Types {#sec-532.340 omnilex-key=us-il-regs-official--title-92--532.340}
a) New or reconstructed highways. On new or reconstructed highway, the surfacing shall be as shown on the project plans.
b) Existing highways. On existing highways, mailbox turnouts shall be surfaced with any of several materials the minimum of which shall consist of granular aggregate of four-inch (4") compacted thickness which will provide the all-weather surface required by statute. Consideration should be given to conformity with other turnouts in the immediate area.
##### **92 Ill. Adm. Code 532.410** Postal Regulations {#sec-532.410 omnilex-key=us-il-regs-official--title-92--532.410}
a) Postal regulations require that a mailbox be located, whenever possible so that the mail carrier's vehicle is off pavement when serving the box.
b) Postal regulations require that mounting posts be neat, of adequate strength and size, and that the bottom of the mailbox be 38 to 40 inches above street level. (See Illustration B and C)
##### **92 Ill. Adm. Code 532.420** Department Regulations {#sec-532.420 omnilex-key=us-il-regs-official--title-92--532.420}
The Department of Transportation requires that mailboxes be mounted so that the face of the mailbox is 6" to 12" outward from the outer edge of the turnout surfacing to allow the full turnout width to be available to the mail carrier's vehicle in clearing the roadway to the extent possible.
##### **92 Ill. Adm. Code 532.510** Department Maintenance {#sec-532.510 omnilex-key=us-il-regs-official--title-92--532.510}
a) The responsibility of the Department of Transportation is limited to providing all-weather surfaced turnouts at mailboxes on the State Highway System. This responsibility shall be accomplished by the Highway Maintenance organization of the Division of Highways.
b) The Department's policy on snow removal provides that snow will be removed from mailbox turnouts by State Maintenance forces unless such work interferes with primary snow removal operations.
##### **92 Ill. Adm. Code 532.520** Postal Patron Maintenance {#sec-532.520 omnilex-key=us-il-regs-official--title-92--532.520}
a) Postal regulations require that the postal patron maintain his mailbox and mounting structure in good repair. Mail boxes and their supporting structures are the property of the mail route patron and patrons should familiarize themselves with U.S. Postal regulations.
b) Postal regulations require mailbox patrons to remove obstructions including snow that makes delivery difficult. However, State Highway maintenance forces will remove snow from mailbox turnouts under the conditions mentioned in Section 532.510.
##### **92 Ill. Adm. Code 532.ILLUSTRATION** A Standard Design Mailbox Turnout {#sec-532.illustration omnilex-key=us-il-regs-official--title-92--532.ILLUSTRATION}
##### **92 Ill. Adm. Code 532.ILLUSTRATION** B Suggested Single Box Mounting {#sec-532.illustration omnilex-key=us-il-regs-official--title-92--532.ILLUSTRATION}
#### **Part 533** Use and Enjoyment of Rest Areas
##### **92 Ill. Adm. Code 533.10** Purpose {#sec-533.10 omnilex-key=us-il-regs-official--title-92--533.10}
This Part is being promulgated to govern the use and enjoyment of rest areas located on Interstate highways which are under the jurisdiction of the Illinois Department of Transportation (the Department).
##### **92 Ill. Adm. Code 533.20** General Requirements {#sec-533.20 omnilex-key=us-il-regs-official--title-92--533.20}
a) The rest area grounds, building and appurtenances are provided and maintained for use and enjoyment by the traveling public. Persons using any of the facilities shall be considerate of the rights of fellow travelers.
b) Any vandalism, defacing or misuse of the rest area, including its structures, is strictly prohibited. The offenders in such acts shall be subject to prosecution and civil damages.
c) The allowed duration of a rest area stop shall not exceed three hours. The length of a rest area stay may be limited further when capacities of the facilities are approached or exceeded. Appropriate notice of additional limitations will be posted at the affected rest area.
d) Waste containers shall be used for the disposal of all travel and picnic trash and shall not be used for depositing household garbage.
##### **92 Ill. Adm. Code 533.30** Definitions {#sec-533.30 omnilex-key=us-il-regs-official--title-92--533.30}
As used in this Part, the words and terms listed shall have the meanings ascribed to them as follows:
"Department" − The Illinois Department of Transportation.
"Rest Area" − A roadside area or park designed for rest and relaxation of motorists in the interest of highway safety.
##### **92 Ill. Adm. Code 533.40** Prohibited Activities {#sec-533.40 omnilex-key=us-il-regs-official--title-92--533.40}
a) Camping or the erection of tents and shelters on the grounds of rest areas is prohibited.
b) Use of waste containers for depositing household garbage is prohibited at rest areas. A fine of $50 pursuant to Ill. Rev. Stat. 1991, ch. 121, par. 9-121 [605 ILCS 5/9-121] applies to littering within rest area.
c) Wood and charcoal fires are prohibited in rest areas.
d) Removing or damaging any rest area accessory, such as picnic tables, trash containers, buildings, lighting, natural features, plant material, and turf is prohibited in rest areas.
e) Selling, merchandising, panhandling, and soliciting of any kind is prohibited in rest areas.
f) Disorderly conduct, intoxication, obscene or indecent acts, oration or other public demonstration are prohibited in rest areas.
g) Organized group activities are prohibited in rest areas unless first approved in writing by the District Engineer. Requests for approval should be submitted to:
Illinois Department of Transportation
Bureau of Operations
2300 South Dirksen Parkway
Springfield, Illinois 62764
(217) 782-2984
h) Swimming, bathing, or fishing in waters within or adjacent to rest areas is prohibited.
i) Displaying or discharging of firearms or fireworks is prohibited in rest areas.
j) Disturbing or injuring any fowl, animal or habitat within the rest area is prohibited.
k) Loitering and hitchhiking in the area is prohibited.
l) Sleeping overnight on the grounds, benches, or in the building of a rest area is prohibited.
m) Pets are prohibited in the buildings of rest areas.
##### **92 Ill. Adm. Code 533.50** Pets {#sec-533.50 omnilex-key=us-il-regs-official--title-92--533.50}
a) Dogs and other pets must be kept on a leash. Pets should be exercised within the limits of the designated "pet exercise area."
b) Pets are not allowed in the buildings.
c) Large animals, such as cows, horses, pigs, etc., are not to be removed from their vehicles for the purpose of grazing, drinking or exercising.
##### **92 Ill. Adm. Code 533.60** Vehicles {#sec-533.60 omnilex-key=us-il-regs-official--title-92--533.60}
a) Vehicles are restricted to surfaced areas only and operators shall obey all traffic signs and markings.
b) Rest areas shall not be used as a relay station or transfer point for trailers or cargo in transit. No cargo, trailer, or mobile home shall be uncoupled from its power unit within the rest area, except in the case of mechanical breakdown or other emergency.
c) Vehicles shall occupy no more than one marked parking space.
d) Rest areas shall not be used to change oil or to perform any other automotive service. Minor repairs will be allowed.
##### **92 Ill. Adm. Code 533.70** Enforcement {#sec-533.70 omnilex-key=us-il-regs-official--title-92--533.70}
a) In matters covered by this Part, persons shall obey requests made by authorized rest area personnel.
b) Authorized rest area personnel and representatives of the Department may contact the appropriate police agency to assist in the enforcement of this Part.
##### **92 Ill. Adm. Code 534.100** Purpose and Applicability {#sec-534.100 omnilex-key=us-il-regs-official--title-92--534.100}
This Part governs the location, placement, operation, and types of services provided at vending facilities located at interstate highway rest areas which are under the jurisdiction of the Department. The Department will allow for the installation of vending machines consistent with the requirements of this Part and Section 9-113.1 of the Illinois Highway Code.
##### **92 Ill. Adm. Code 534.200** Definitions {#sec-534.200 omnilex-key=us-il-regs-official--title-92--534.200}
"Code" – the Illinois Highway Code [605 ILCS 5]
"Department" − Illinois Department of Transportation
"Randolph-Sheppard Act" – the Randolph-Sheppard Vending Stand Act, as amended (20 U.S.C. 107 et seq.), which governs the federal vending stand program.
"Vending Facilities" − buildings which house vending machines.
"Vending Machine" − a credit card, coin, or currency operated machine capable of automatically dispensing an article or product.
"Vendor" − an individual who has been licensed by the Department of Human Services (DHS) in accordance with Section 650.50 of the Vending Facility Program for the Blind (89 Ill. Adm. Code 650) pursuant to the Randolph-Sheppard Vending Stand Act (20 U.S.C. 107 et seq.) or a firm or person who has contracted with DHS to operate and maintain vending machines at sites where an entity is not located.
##### **92 Ill. Adm. Code 534.300** Responsibilities {#sec-534.300 omnilex-key=us-il-regs-official--title-92--534.300}
a) Department
1) The Department will determine the location, type, and appearance of rest area vending facilities and provide for the installation and maintenance of water lines and electrical connections to the vending facilities.
2) Department will provide for the design, construction, and maintenance of vending facilities with full consideration and accommodation for persons with disabilities in accordance with the federal and State laws and regulations.
3) The Department will provide advanced highway signing alerting motorists about the vending facilities to be located on existing rest area informational signs, in conformance with the Illinois Manual on Uniform Traffic Control Devices.
b) DHS
1) The DHS shall assign vendors to operate vending machines at rest areas under the jurisdiction of the Department by executing written contracts consistent with this Part and Section 9-113.1 of the Code.
2) The DHS shall submit to the Department vendor name and contact information for each location.
3) The DHS shall provide vending equipment and appurtenances only in Department approved vending location and maintain them in good working order.
4) The DHS shall provide adequate means for rest area patrons to purchase goods by credit card, debit card, or cash. Money changing machines in good working order may be provided by DHS if deemed beneficial and there is adequate space.
5) To the extent that federal funds are involved, all contracts between DHS and any vendor shall include nondiscrimination provisions in accordance with the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-5), Landscape and Roadside Development regulations (23 CFR 752.8(c)(6)), and the Rehabilitation Act of 1978 (29 U.S.C. 794).
c) Vendors
1) The vendor shall pay for all metered utilities for the vending machines if applicable.
2) The vendor shall be responsible for the operation, maintenance, and security of vending machines located at rest areas.
3) The vendor shall service vending facilities to ensure, except for conditions resulting from acts of God such as tornados, flooding, earthquakes, etc., that the services are available to rest area patrons 24 hours a day, 365 days a year.
4) The vendor shall limit vending items to hot and cold nonalcoholic beverages, candy, gum, snacks, sandwiches, soups, ice cream, and sundry items. Sundry items include non-food items that can be dispensed by machines such as newspapers, fingernail clippers, pencils, and tissues. All beverages shall be dispensed in cans or bottles except for hot beverages and soups. No glass containers, petroleum products, or vehicle parts shall be dispensed. All products shall be clearly marked with prices.
5) The vendor shall comply with all laws and regulations regarding licensing by public health departments and other agencies responsible for the regulation of the vending business as explained in Section 650.80 of Licensing of Vendors (89 Ill. Adm. Code 650.80).
6) The vendor shall provide an effective method and conspicuously display the process for the return of lost monies to patrons through one of the following methods:
A) Refunds made directly to the customer by the vendor or the vendor's employee.
B) Refund request cards which can be mailed by the customer to an address specified by DHS pursuant to Section 650.160 of Vending Facilities in Rest Areas (89 Ill. Adm. Code 650.160). The cards will identify the vending machine that did not operate properly, the date, time, and type of problem. DHS will determine whether the refund request is valid and will contact the vendor, who will be responsive for refunding money to the customer.
C) When complaints exceed one per day and have to do with the quality of service or goods, the activities of vendor employees, or return of lost monies, the vendor shall make improvements in vending operations to reduce the number of complaints to less than one per day.
7) The vendor shall provide the Department with the name and telephone number of the person who should be contacted for response when problems with the vending operations arise during time periods when no vendor personnel are present at the rest area. The vendor's name and contact information shall be displayed on vending machines.
8) The vendor shall assume all responsibility for liability resulting from the operation and maintenance of vending machines.
9) The vendor shall provide that personnel assigned to service vending machines at the rest area sites wear clean, professional attire.
## **Chapter I** Department of Transportation
### **Subchapter f** Highways
#### **Part 540** Construction of Pedestrian Overpass Structures on Partially Access-Controlled Expressways and Other State Highways
##### **92 Ill. Adm. Code 540.10** Requests for the Construction of Pedestrian Overpass Structures {#sec-540.10 omnilex-key=us-il-regs-official--title-92--540.10}
In the past, we have received requests for the construction of pedestrian overpass structures over State highways. The great majority of these requests have been in connection with school crossings. Future requests of this nature will be based on the following warrants:
a) During each of two periods of a day when school children are using the crossing, the vehicular volumes and the number of children crossing must exceed the requirements shown on the attached chart, (See Exhibit A). At existing locations, a field study of actual traffic conditions may be made in lieu of using the chart.
b) During each of the same two periods, the number of school children crossing in one direction shall not be less than 50. When the 85th percentile speed of vehicular traffic exceeds 40 miles per hour or when the school crossing is located in an isolated community having a population of less than 10,000, this requirement may be reduced to 35 school children.
c) There is no existing stop or go signal control on the street being crossed within 600 feet of the proposed school overpass.
##### **92 Ill. Adm. Code 540.20** Receipt of Requests {#sec-540.20 omnilex-key=us-il-regs-official--title-92--540.20}
Requests for pedestrian overpasses should be received in writing from the municipality. The County Superintendent of Highways, the Township Commissioner or the school board may be considered as the proper authority for installations outside the corporate limits. Upon receipt of this request, a formal agreement between the State and local agency will be prepared setting forth the responsibilities of each party. Nothing in this policy would preclude the local agency from constructing and maintaining an overpass structure with their own funds subject to the issuance of a permit by the State.
##### **92 Ill. Adm. Code 540.30** Agreement of School Authorities {#sec-540.30 omnilex-key=us-il-regs-official--title-92--540.30}
The school authorities shall agree in writing to require usage of the overpass facility by the children for school activities.
##### **92 Ill. Adm. Code 540.40** Responsibilities of the State {#sec-540.40 omnilex-key=us-il-regs-official--title-92--540.40}
The State shall be responsible for the design, acquisition of right of way and construction of the overpass facility. Upon completion, the local agency will maintain the structure, stair or ramp approaches, protective fencing erected on the structure, sidewalk connections and pedestrian barrier.
##### **92 Ill. Adm. Code 540.50** Liabilities {#sec-540.50 omnilex-key=us-il-regs-official--title-92--540.50}
The local agency shall save the Department harmless from any liabilities in connection with the construction or use of the overpass.
##### **92 Ill. Adm. Code 540.60** Participation {#sec-540.60 omnilex-key=us-il-regs-official--title-92--540.60}
Participation in the cost of the overpass structure shall be as follows:
a) Existing State highway being widened to add lanes; 75 percent State − 25 percent local (contribution may be in the form of cash, preliminary engineering, or right of way).
b) State highway on new location separating school from residential areas; 100 percent State.
c) No highway improvement but warrants are met; 50 percent State − 50 percent local.
d) Adjustment of existing overpass structure required by highway improvement; 100 percent State.
##### **92 Ill. Adm. Code 540.70** Length of Pedestrian Barrier {#sec-540.70 omnilex-key=us-il-regs-official--title-92--540.70}
As part of the overpass construction, a sufficient length of pedestrian barrier should be erected along the highway to dicourage at-grade crossing and encourage pedestrians to use the overpass. The length of pedestrian barrier and its location will be determined on an individual project basis.
##### **92 Ill. Adm. Code 540.80** Design of Overpass Structures {#sec-540.80 omnilex-key=us-il-regs-official--title-92--540.80}
All overpass structures will be designed for a vertical clearance, over the pavement of 17' - 3". Horizontal clearances from the edge of roadway to piers or abutments will comply with current design geometric standards for structures as contained in Section 4-005 and 4-010 of the Design Manual. All overpass structures will be designed with protective fencing to prevent objects from accidentally being dropped on the traffic below.
##### **92 Ill. Adm. Code 540.90** Engineering Study {#sec-540.90 omnilex-key=us-il-regs-official--title-92--540.90}
Although the warrants given above are the minimum which must be met, the final determination to erect an overpass structure will be based on an engineering study. Such study should include, but not be restricted to, the following considerations:
a) The general conditions that require the school crossing are sufficiently permanent to justify such a structure.
b) The physical characteristics of the location make such a structure feasible from an engineering standpoint.
c) Such a structure could serve other pedestrians besides school children.
d) There is no reasonable possibility that the replanning of school routes or school districts will eliminate the need for such a structure.
e) A comparison between the structure and other types of controls indicates the structure is justified from a long-range standpoint.
##### **92 Ill. Adm. Code 540.EXHIBIT** A Pedestrian Overpass Warrants for Two-Way Streets {#sec-540.exhibit omnilex-key=us-il-regs-official--title-92--540.EXHIBIT}
Vehicular Volume Both Directions (Veh./hr.)
(Counted only during school crossing period and expanded to hourly volume.)
PEDESTRIAN OVERPASS WARRANTS FOR TWO-WAY STREETS
#### **Part 541** Tourist Oriented Directional Signing Program
##### **92 Ill. Adm. Code 541.10** Introduction {#sec-541.10 omnilex-key=us-il-regs-official--title-92--541.10}
a) This Part has been developed to regulate the use of Tourist Oriented Directional Signs (TODS) displayed along various State-maintained non-freeways. It establishes standards, specifications, and financial responsibility for a TODS program providing motorists with travel related directional information to facilities of interest to tourism.
b) This program applies to non-freeways within the State of Illinois that are under the jurisdiction of the Department of Transportation (the Department) and that are outside of urban areas.
##### **92 Ill. Adm. Code 541.20** Definitions {#sec-541.20 omnilex-key=us-il-regs-official--title-92--541.20}
The following words or phrases when used in this Part shall have the meanings ascribed to them below.
"Business" − an open establishment available to the general public that is oriented toward tourism and the major portion of whose income or visitors are derived during the normal business season from motorists not residing within 25 air miles of the business.
"Business Sign" − a rectangular sign consisting of a business name, directional information, and mileage.
"Calendar Year" − a year beginning January 1 and ending the following December 31.
"Department" − the Illinois Department of Transportation, with central offices at 2300 South Dirksen Parkway, Springfield, Illinois 62764.
"Intersecting Road" − a public road intersecting a marked State highway.
"Marked State Highway" − a State-maintained highway carrying a State or US route number.
"Non-Freeway" − a divided or undivided marked State highway without full control of access and without grade separations at crossroads.
"Qualifying Business" − a business meeting the criteria for signing contained in Section 541.40(f).
"Rural Area" − an area outside of an urban area.
"Tourist Oriented Directional Sign" or "TODS" − a rectangular sign installed on a State highway displaying the words "TOURIST ACTIVITIES" with a maximum of four business signs mounted underneath.
"Trailblazer Sign" − a business sign displayed, together with an arrow panel, off of a marked State highway to advise motorists where to turn on the intersecting road.
"Urban Area" − An urban area includes: one or more contiguous incorporated communities listed by the Federal Census Bureau as encompassing a total population of 5,000 or more within a defined area, including any unincorporated areas within such boundaries but excluding rural portions of "extended" communities; and Federal Census Bureau designated places of 5,000 or more population.
**History**
- *Source: Amended at 34 Ill. Reg. 3025, effective February 19, 2010*
##### **92 Ill. Adm. Code 541.30** Tourist Oriented Directional Signs {#sec-541.30 omnilex-key=us-il-regs-official--title-92--541.30}
a) Tourist oriented directional signs shall only be erected in rural areas.
b) No more than one tourist oriented directional sign will be erected within the right-of-way of a marked State highway for each direction of travel in advance of an intersecting road.
c) All tourist oriented directional signs will be ground-mounted.
d) Tourist oriented directional signs will not be installed within the right-of-way of a marked State highway within the corporate limits of any municipality located outside of an urban area unless the municipality agrees in writing to the installation.
e) Each tourist oriented directional sign along a State highway shall be installed at a minimum distance of 200 feet from other signs.
##### **92 Ill. Adm. Code 541.40** Business Signs {#sec-541.40 omnilex-key=us-il-regs-official--title-92--541.40}
a) Specific types of businesses shall meet the following criteria to qualify for signing:
1) GAS: Should be open five days a week, including a Saturday or a Sunday, for a minimum of 12 hours a day for at least six months of the year. If open less than five days a week for six months, or if not open on either a Saturday or a Sunday, the days of the week and months open, as applicable, must be shown on the business sign. It shall have normal service station goods and services, including telephone, gas, oil, water and restroom. An attendant must be present at the business at all times the business is open.
2) FOOD: Should be open five days a week, including a Saturday or a Sunday, for at least six months of the year. If open less than five days a week for six months, or if not open on either a Saturday or a Sunday, the days of the week and months open, as applicable, must be shown on the business sign. It shall be certified by the Illinois Department of Public Health or local health department and have a public restroom and telephone.
3) LODGING: Should be open seven days a week for at least six months of the year. If open less than seven days a week for six months, the days of the week and months open, as applicable, must be shown on the business sign. It shall have a telephone, restroom and sleeping accommodations. The majority of the accommodations shall be available to the general public and not restricted to members only nor rented or leased on a time-share basis.
4) CAMPING: Should be open seven days a week for at least six months of the year. If open less than seven days a week for six months, the days of the week and months open, as applicable, must be shown on the business sign. It shall have camping and parking accommodations, restroom, telephone, and drinking water. The majority of the camp sites shall be available to the general public and not restricted to members only nor rented or leased on a time-share basis.
5) AGRICULTURAL BUSINESSES: Should be open five days a week, including a Saturday or a Sunday, during the applicable growing and harvesting season for the crop(s) involved and shall offer for sale primarily products grown, harvested, or produced within 50 miles of the business. If open less than five days a week for six months, or if not open on either a Saturday or a Sunday, the days of the week and months open, as applicable, must be shown on the business sign. Such businesses shall include but are not limited to fruit orchards, vegetable stands, tree farms, vineyards and wineries.
6) GENERAL TOURIST ATTRACTIONS: Should be open five days a week, including a Saturday or a Sunday, for at least six months of the year. If open less than five days a week for six months, or if not open on either a Saturday or a Sunday, the days of the week and months open, as applicable, must be shown on the business sign. General tourist attractions shall include but are not limited to marinas, sport fishing/bait facilities, stage theaters, amusement parks, riding stables, antique stores, craft stores, museums, golf courses, ski areas, facilities offering aircraft, boat, or train rides, and historic villages. The attraction shall be available to the general public and not restricted to members only.
7) INELIGIBLE BUSINESSES: Businesses not normally associated with tourism are not eligible even when the majority of their visitors or income is derived from motorists not residing within a 25 air mile radius of the business. Such businesses include, but are not limited to, shopping malls, discount malls, furniture/clothing stores, automobile/truck dealerships, malls or garages, drug stores, movie theaters, community business districts, appliance stores, department stores, schools, houses of worship, real estate offices, auction houses, livestock sales facilities, sand and gravel facilities, and grocery stores.
b) A maximum of four business signs for four individual qualifying businesses may be placed under each tourist oriented directional sign.
c) No individual business shall be allowed more than one business sign under an individual tourist oriented directional sign.
d) No more than one business sign for any individual qualifying business may be erected in any given direction at more than one intersection on any given State highway.
e) Where there are qualifying businesses in each direction on the intersecting road, the business signs directing motorists to the left shall be placed above the business signs for those businesses to the right.
f) Signing for a qualifying business shall only be allowed at a given marked State highway intersection where the business can be reached without crossing another marked State highway.
g) Business Signing Priorities
1) A maximum of four business signs may be installed at any one intersection with a State marked highway. Where there are more businesses eligible for and desiring signing than the number of signs permitted, those businesses nearest the intersection will be given first priority for signing.
2) Business signs which have been installed will not be removed because of a nearer business desiring signing as long as the business having the signing continues to meet the established criteria and continues to pay the annual fees.
3) When a space becomes available under an individual tourist oriented directional sign, the eligible business desiring signing submitting an application first along with the required application fee will be given first priority for signing. If that business does not remit the required yearly fee to the Department within 30 calendar days after being notified in writing that its application is approved, the space will be offered to the next eligible business submitting a valid application. In the event the Department receives applications, including the required application fees, from more than one business on any given business day, the business closest to the intersection will be given first priority for any available space. The Department will not install signs for any business until the required yearly fee is paid.
4) When a business closes due to remodeling, or due to an Act of God including, but not limited to, fire or flood, the business signs will be removed and stored by the Department for up to a maximum of six months. If the business remains closed after six months, the space will be declared available. In any event, if the allowable closure period extends to the subsequent calendar year, the annual fee for the business shall be paid for that year or the space will be declared available. Any portion of such closure time which may occur during the normal seasonal closure of the business as noted on the business signs will not count in determining the six month period.
5) When the type of business changes, such as an antique shop changing to a food establishment, the business will lose its signing priority. The business signs will be removed by the Department, and the space will be declared available. The business will also lose its signing priority if it closes for any length of time even during its normal seasonal closure as shown on the business signs and is openly up for sale. When a space is declared available a business which has lost its signing priority shall submit a new application, including the application fee, for inclusion in the program and its priority will be evaluated among all the other eligible businesses desiring signing at that intersection as set forth in subsection (g)(3) above.
6) Where it is necessary to measure distance in order to determine signing priority, the distance to each business establishment will be measured as the travel distance between the center of the intersection of the marked State highway with the intersecting road and the primary entrance to the business. Where an entrance serves more than one business, the driving distance using the proper marked driving aisles from the entrance to the parking space available for patrons nearest the business shall be added to the distance measured along the intersecting road.
h) Location of Business
1) A business must be located within a rural area.
2) A business on the road intersecting with a marked State highway will not be signed on the State marked highway if the business is located with its property abutting the marked State highway, and the business or a sign at the site of the business is visible to the motorists advising motorists of the appropriate entrance to the establishment.
3) A business not on the road intersecting with a marked State highway will be signed on the State marked highway if trailblazing or other signs are in place on the intersecting road and on such other roads as may be necessary to clearly advise motorists where to turn to reach the business. Where the intersecting road or other roads leading from the intersection with the State marked highway are unmarked State highways, the Department will place such trailblazer signs on the State highways for the fee established in Section 541.60(b)(2). Where roads are under local agency jurisdiction, signing will not be provided on State highways until legible trailblazer or other signs are placed by, or by permission of, such local agencies with directional information advising motorists where to turn. The business shall have the responsibility for arranging with the appropriate local agency for the placement of all signs on roads under the jurisdiction of that local agency.
##### **92 Ill. Adm. Code 541.50** Sign Design {#sec-541.50 omnilex-key=us-il-regs-official--title-92--541.50}
a) Tourist oriented directional signs will contain the words "TOURIST ACTIVITIES" in white legend six inches in height on a blue background 12 inches in height and 72 inches in width.
b) Business signs will consist of the business' name in one or two lines of copy and shall not include any trademark or symbol. The business' name will be in white legend four inches in height on a blue background 18 inches in height and 72 inches in width and will contain the days and months of operation where applicable, and the mileage to the business measured to the nearest half mile. The mileage will not be shown where the distance is less than a half mile. Where necessary, the Department will abbreviate the name of the business so that it shall fit in the space provided.
##### **92 Ill. Adm. Code 541.60** Application, Fees, and Other Regulations {#sec-541.60 omnilex-key=us-il-regs-official--title-92--541.60}
a) Application
1) Application forms will be available from the Department (see Section 541.Appendix A – District Offices and Counties for a listing of District addresses and phone numbers) for all businesses that could qualify to have business signs included in this program. If a business wishes to participate in this program, it must complete an application form and submit it to the Department by the deadline indicated in the newspaper notice. Applications received after the indicated date will be considered if space is still available at the State highway intersection in question.
2) Where the Department determines from the initial application that the business meets the criteria listed in this Part and space is available, the application will be approved and returned to the business along with instructions concerning payment of the annual fee.
3) Applications for qualifying businesses desiring spaces subsequent to the initial installation will be considered on a first come-first served basis as spaces become available. Applications will be taken for spaces that may become available at some future date when there are no spaces available at the time the applications are submitted. In such cases, the processing fee will be returned to the applicant and the applicant's name will be kept on file. When a space becomes available, the qualifying businesses that are on file will be notified by mail in the order of their initial application date to see if they are still interested in the space. The applicant who desires to have the available space and whose application has been on file the longest, providing the processing fee is submitted within 45 days after the written notification, shall be given the available space with the remaining businesses being retained on file. Priority for two or more applicants with the same initial application date shall be based on the distance from the State highway with the business closest to the highway having the highest priority.
b) Fees
1) A $100 nonrefundable processing fee must be submitted by the business establishment to the Department with the application. A $100 nonrefundable processing fee will also be charged when a business reapplies for signing after its signs have been removed due to late rental payments or temporary withdrawal from the program, or when the type of operation of a business changes.
2) An annual fee of $70, sufficient to offset the cost of this program, will be charged for each business sign displayed on the State highway system. This fee is based on recovering the Department's costs for the program based on a six year life for posts and signs and includes the placement of new signs as necessary. The Department will periodically adjust the fees to reflect the current cost of maintaining the signing system. Fee adjustments are subject to rulemaking. Fees will be collected on an annual basis. When a business establishment makes an annual payment, it will be guaranteed participation in the program for the entire year, as long as it continues to meet the criteria under this Part. Any business closing or withdrawing from the program after making its annual payment will not be given a refund. A prorated fee will be charged for signs initially installed after the beginning of a calendar year. No proration will be given for seasonal closings.
3) When payment is not received by the Department within 30 days after the due date, the business signs will be removed by the Department and the business will lose its signing priority to the next business desiring the space. When the fee is received after the business sign is removed, and space is still available on the panel, a fee of $100 will be charged for reprocessing as provided for in Section 541.60(b)(1), in addition to the annual fee for the remainder of the calendar year, as well as that portion of the annual fee owed for the period of time between the end of the preceding calendar year and the date the signs were removed.
4) A fee of $200 for each business sign will be charged for a business requesting that its signs be replaced with new signs because of a change in the name of the business, or a change in the days or months of operation. When replacement is requested, all business signs for the specific business on the State highway system will be replaced at the same time. Also, any business signs that are tampered with by the business by altering the name, changing the days or months of operation, or adding a logo, symbol or any other wording subsequent to their installation will be removed by the Department. If the business wishes to continue in the program, it shall pay a fee of $200 per sign.
c) Placing and Maintaining Business Signs
1) The Department will erect the signs on the State highway system after approval of the application for a business and proof that trailblazer signs, where required, are in place on highways under the jurisdiction of local agencies. Only the Department will place, maintain, remove or alter the business signs on the State highway system.
2) Businesses will be required to certify on the application that they meet the established criteria. When the Department receives a complaint that a business may not comply, the suspected business will be contacted by the Department to determine if it meets the established criteria. If it is determined the facility fails to qualify, the business must change its operation so as to comply or its business signs will be removed and no refund will be made of any portion of the annual fees already paid.
**History**
- *Source: Amended at 34 Ill. Reg. 3025, effective February 19, 2010*
##### **92 Ill. Adm. Code 541.APPENDIX** A District Offices and Counties {#sec-541.appendix omnilex-key=us-il-regs-official--title-92--541.APPENDIX}
Region 1
Regional Engineer
District 1
Bureau of Traffic
201 West Center Court
Schaumburg IL
60196-1096
847/705-4411
Cook, DuPage, Kane, Lake, McHenry and Will
Region 2
Regional Engineer
District 2
Bureau of Operations
819 Depot Avenue
Dixon IL 61021-3500
815/284-5395
Boone, Carroll, Henry, JoDaviess, Lee, Ogle, Rock Island, Stephenson, Winnebago and Whiteside
District 3
Bureau of Operations
700 East Norris Drive
Ottawa IL 61350
815/434-8417
Bureau, DeKalb, Ford Grundy, Iroquois, Kankakee, Kendall, LaSalle and Livingston
Region 3
Regional Engineer
District 4
Bureau of Operations
401 Main St.
Peoria IL 61602
309/671-4460
Fulton, Henderson, Knox, Marshall, McDonough, Mercer, Peoria, Putnam, Stark, Tazewell, Warren and Woodford
District 5
Bureau of Operations
13473 IL Hwy. 133
P.O. Box 610
Paris IL 61944
217/466-7234
Champaign, DeWitt, Douglas, Edgar, McLean, Piatt and Vermilion
Region 4
Regional Engineer
District 6
Bureau of Operations
126 East Ash St.
Springfield IL 62704-4792
217/782-7314
Adams, Brown, Cass, Christian, Hancock, Logan, Macoupin, Mason, Menard, Montgomery, Morgan, Pike, Sangamon, Schuyler and Scott
District 7
Bureau of Operations
400 West Wabash
Effingham IL 62401
217/342-8261
Clark, Clay, Coles, Crawford, Cumberland, Edwards, Effingham, Fayette, Jasper, Lawrence, Macon, Moultrie, Richland, Shelby, Wabash and Wayne
Region 5
Regional Engineer
District 8
Bureau of Operations
1102 Eastport Plaza
Collinsville IL 62234
618/346-3250
Bond, Calhoun, Clinton, Greene, Jersey, Madison, Marion, Monroe, Randolph, St. Clair and Washington
District 9
Bureau of Operations
State Transportation Building
2801 W. Murphysboro
P.O. Box 100
Carbondale IL 62903
618/351-5240
Alexander, Franklin, Gallatin, Hamilton, Hardin, Jackson, Jefferson, Johnson, Massac, Perry, Pope, Pulaski, Saline, Union, White and Williamson
**History**
- *Source: Added at 34 Ill. Reg. 3025, effective February 19, 2010*
##### **92 Ill. Adm. Code 541.ILLUSTRATION** A District Boundary Map (repealed) {#sec-541.illustration omnilex-key=us-il-regs-official--title-92--541.ILLUSTRATION}
**History**
- *Source: Repealed at 34 Ill. Reg. 3025, effective February 19, 2010*
#### **Part 542** Business Logo Signing Program
##### **92 Ill. Adm. Code 542.100** Introduction {#sec-542.100 omnilex-key=us-il-regs-official--title-92--542.100}
a) This Part has been developed to regulate the use of business logos displayed along various freeways. It establishes standards, specifications, and financial responsibility for a program of placing business logos on specific service panels. The displayed business logos will provide motorists with travel related directional information to facilities offering gas, food, lodging, camping, and 24-hour pharmacies.
b) This program applies to freeways within the State of Illinois that are under the jurisdiction of the Department. However, because of the close spacing of interchanges, presence of existing critical directional signs, and congestion in the densely populated Chicago, Peoria and St. Louis metropolitan areas, this program will not apply to the following sections of highways:
1) Interstate 57 from the southerly Chicago city limits northerly to its terminal with Interstate 94;
2) Interstate 55 from Interstate 294 northerly to Lake Michigan;
3) Interstate 90 from the Indiana state line to Exit 3 northbound;
4) Interstate 94 from the southerly Chicago city limits northerly to the Wisconsin state line;
5) Interstate 290;
6) Interstate 55/70 from Interstate 255 southerly to the Missouri state line;
7) Interstate 64 from, but not including, Exit 6 westerly to the Missouri state line;
8) Interstate 74 through Peoria between and including the Sterling Avenue interchange (Exit 88) and the Washington Avenue interchange (Exit 95), except for the eastbound off-ramp to Sterling Avenue and the westbound off-ramp to Washington Street;
9) Interstate 74 from, and including, Exit 4 northerly to the Iowa state line;
10) Illinois 394 except for the Glenwood Dyer Road and US 30 interchanges; and
11) Any other freeway in Cook and DuPage Counties except for Interstate 80.
c) In an urbanized area where three consecutive freeway interchanges are each spaced less than one and one-quarter miles apart, logo signing will not be provided.
**History**
- *Source: Amended at 35 Ill. Reg. 18905, effective October 26, 2011*
##### **92 Ill. Adm. Code 542.200** Definitions {#sec-542.200 omnilex-key=us-il-regs-official--title-92--542.200}
The following words or phrases when used in this Part shall have the meanings ascribed to them below.
"Ahead or Advance" – a sign is ahead or in advance of another when it is at a greater distance then the other from the crossroad being signed.
"Business" – an open establishment that provides gas, food, lodging, camping, or a 24-hour pharmacy as a motorist service to the general public.
"Business Sign" – a rectangular sign consisting of a business trademark, name, brand, symbol, or combinations thereof. This sign, also referred to as a logo sign, is displayed on a specific service panel or together with an arrow panel as a trailblazer sign.
"Crossroad" – a public road intersecting the freeway for which an interchange is provided.
"Department" – the Illinois Department of Transportation, with central offices at 2300 South Dirksen Parkway, Springfield, Illinois 62764.
"District" – the organizational structure of the Department. The Department is divided into 5 Regions. Each Region, except Region 1, is then subdivided into 2 Districts. The program is administered in the District offices.
"Entrance or Exit Ramps" – lanes entering or leaving the main traveled way of a freeway. These lanes provide access between the freeway and the crossroad at an interchange.
"Fiscal Year" – a year beginning July 1 and ending the following June 30.
"Freeway" – a divided highway for through traffic with full control of access and grade separations at crossroads.
"Interchange" – a system of interconnecting ramps providing for the movement of traffic between two roadways on different levels.
"Interstate" – a freeway that is part of the National System of Interstate and Defense Highways and marked with an Interstate Route Number.
"Level 1 Sign" – any business sign installed on a specific service panel, or on that portion of a second specific service panel that displays a service type not displayed on any other specific service panel in the same direction in advance of an interchange.
"Level 2 Sign" – any business sign installed on the portion of a second specific service panel that displays a service type also displayed on another specific service panel in the same direction in advance of an interchange.
"RV-friendly Message" − a supplemental message advising that a business establishment can accommodate the movement and parking of recreational vehicles (RVs).
"Second Specific Service Panel" – a specific service panel that accommodates additional logo sign space for a specific service type beyond the maximum space allowed on an existing specific service panel. If there is more than one specific service panel installed in the same direction in advance of an interchange that displays the same service type, the panel with the most recent original installation date is considered the second specific service panel for that service type.
"Service" – a type of facility used by motorists; namely gas, food, lodging, camping, or a 24-hour pharmacy.
"Specific Service Panel" – a rectangular panel, displaying the words GAS, FOOD, LODGING, CAMPING, or 24-HOUR PHARMACY and directional information, on which a business sign is mounted. A panel along the freeway is referred to as a "freeway panel" and a panel along the exit ramp or crossroad is referred to as an "exit ramp panel."
"Trailblazer Assembly" – a small sign guiding motorists from the ramp to the business. The sign is not required if the business can readily be seen from the crossroad. However, if motorists seeking the business must be directed to turn off the crossroad onto another road in order to reach the business, the sign becomes necessary.
"Trailblazer Sign" – a business sign displayed, together with an arrow panel, off the freeway highway system to advise motorists where to turn on the crossroad (when necessary).
"Urbanized Area" – a municipality with a population of 50,000 or more, and its contiguous urban fringe with a population density of 1,000 or more inhabitants per square mile; or a municipality with at least a population of 25,000 together with other contiguous places (incorporated or unincorporated) each with a population density of 1,000 or more inhabitants per square mile, which altogether constitutes for general socioeconomic purposes a single community with a combined population of at least 50,000 inhabitants.
**History**
- *Source: Amended at 35 Ill. Reg. 18905, effective October 26, 2011*
##### **92 Ill. Adm. Code 542.300** Criteria for Specific Service Panels {#sec-542.300 omnilex-key=us-il-regs-official--title-92--542.300}
a) Number and Order of Freeway Panels
1) Specific service panels and business logo signs may be installed under the standards of Chapter 2J of the Manual on Uniform Traffic Control Devices for Streets and Highway, 2009 Edition, available from the US Department of Transportation's Federal Highway Administration, 1200 New Jersey Avenue, SE, Washington DC 20590, (202)366-4000 or http://mutcd.fhwa.dot.gov, no later amendments or editions included. Specific service panels may be installed for each of the five types of services (gas, food, lodging, camping, and 24-hour pharmacy). There will be a maximum of four service panels with a total of 24 logo signs erected within the right-of-way of a freeway for each direction of travel in advance of an interchange after receipt of the business signs by the Department for each type of service. There will be a maximum of two specific service panels and 12 business logo signs that display a specific service type. Each service panel will provide space for a maximum of six logo signs regardless of whether the service panel displays one or multiple service types. A service panel may display up to three different service types but will provide enough space for at least two logo signs for all service types displayed. These maximum limits will also include any service panels and logo signs installed for attractions (see 92 Ill. Adm. Code 543, Tourism Attraction Signing Program).
2) Specific service panels will not be erected in advance of any exit-only freeway interchange where motorists cannot immediately reenter the freeway and continue in the same direction of travel.
3) Specific service panels shall be installed successively in the direction of travel in the following order: 24-HOUR PHARMACY, CAMPING, LODGING, FOOD, and GAS (i.e., the GAS panel shall be the last specific service panel viewed by motorists before reaching the appropriate exit ramp).
4) Where sufficient distance is not available between interchanges to install four specific service panels, only the number of panels that can be properly spaced will be installed. Service panels may be modified to include other service types (see subsection (a)(1)). To determine those services that will be signed, priority will be given in the following order from top to bottom:
GAS (Level 1 signs)
FOOD (Level 1 signs)
LODGING (Level 1 signs)
CAMPING (Level 1 signs)
ATTRACTIONS (Level 1 signs)
24-HOUR PHARMACY (Level 1 signs)
GAS (Level 2 signs)
FOOD (Level 2 signs)
LODGING (Level 2 signs)
CAMPING (Level 2 signs)
ATTRACTIONS (Level 2 signs)
24-HOUR PHARMACY (Level 2 signs)
Once a type of service has a specific service panel or second specific service panel erected at an interchange that continues to display at least one business logo sign, that panel or service type will not be removed because a business establishment from another higher priority service requests to participate.
5) All specific service panels shall be ground-mounted.
b) Location of Freeway Panels
1) Each specific service panel along the freeway shall be installed at least 800 feet from other panels and/or signs. Where possible, the series of specific service panels in advance of an interchange is to be erected ahead of the first advance guide sign, such as "Main Street 1 Mile." Where a sign, such as a county line sign, is located ahead of the advance guide sign and obstructs normal panel sequential spacing, the panels shall be spaced so as to incorporate that additional sign. Where the specific service panels cannot all be properly located ahead of the advance guide sign because of a lack of required longitudinal distance or topography, as many of the panels as possible shall be installed ahead of the advance guide sign and the remaining panels shall be installed closer to the exit ramp but as close to the first advance guide sign as possible, consistent with the previously stated spacing requirements. In any event, the last panel will not be placed closer than 800 feet in advance of either the exit direction sign (displaying the take-off arrow) or the beginning of the exit ramp taper, nor will it be placed any closer than 500 feet from the preceding entrance ramp stub.
2) Specific service panels will not be erected in advance of entrance ramps from a previous interchange.
c) Exit Ramp Panels at Single-Exit Interchanges
1) Specific service panels will be installed along exit ramps at single-exit interchanges in accordance with subsection (c)(2). These panels will be placed in the same sequential order as those along the freeway. Each exit ramp panel shall be installed at least 200 feet from other panels and/or signs.
2) Any business establishment that has its logo displayed on a freeway panel shall be required to display its logo on an exit ramp panel at a single-exit interchange. This provision applies to those businesses who receive approval of their applications on or after September 1, 2000. Only businesses having logos displayed on freeway panels will have logos displayed on exit ramps panels.
3) The Department will place a supplemental distance sign below the business sign of any establishment over one mile from the exit ramp at single-exit interchanges. Whenever the Department places such sign on an exit ramp panel, it will also place a supplemental distance sign for the business sign of any other business establishment ½ mile or more from the ramp. The supplemental sign will indicate the distance to the facility in half-mile increments.
d) Exit Ramp Panels at Double-Exit Interchanges
1) Any business establishment that has its logo displayed on a freeway panel shall not be required to display its logo on an exit ramp panel at a double-exit interchange. Any business establishment that has its logo displayed on a freeway panel at a double-exit interchange that is reconstructed to a single-exit interchange will be required to have its logo displayed on ramp panels in accordance with subsection (c).
**History**
- *Source: Amended at 35 Ill. Reg. 18905, effective October 26, 2011*
##### **92 Ill. Adm. Code 542.400** Criteria for Business Signs {#sec-542.400 omnilex-key=us-il-regs-official--title-92--542.400}
a) For those sections of freeway routes where business signs are to be installed, any business establishment meeting the following criteria will be considered for placement of a business sign on a specific service panel.
b) General Criteria
1) GAS: Must be open 7 days a week for a minimum of 12 hours a day. It shall have normal service station goods and services, which are on-site phone access, gas, oil, water, and restroom. An attendant must be present at the business at all times the business is open.
2) FOOD: Must be open any 6 days a week and serve at least two meals per day, or remain open for a minimum of 6 hours each day. It shall be certified by the Illinois Department of Public Health or local health department and have a restroom and on-site phone access.
3) LODGING: Must be open 7 days a week. It shall have on-site phone access, restroom and sleeping accommodations. At least half of the accommodations shall be available to the general public and shall not be restricted to members only.
4) CAMPING: Must be open 7 days a week for at least 6 months of the year. It shall have camping and parking accommodations, restroom, on-site phone access, and drinking water. At least half of the accommodations shall be available to the general public and shall not be restricted to members only.
5) 24-HOUR PHARMACY: Must be open continuously 24 hours
per day, 365 days per year, with an Illinois-licensed pharmacist present and on duty in the pharmacy at all times.
c) Distance to Business
1) In a nonurbanized area, a business providing gas, food, lodging, or a 24-hour pharmacy must be within three road miles from a freeway interchange, while a business providing camping must be within 20 road miles.
2) In an urbanized area, a business providing gas, food, lodging or a 24-hour pharmacy must be within one road mile from a freeway interchange, while a business providing camping must be within five road miles.
3) The distance to each business establishment will be measured as the travel distance between the end of the appropriate exit ramp and the business establishment. The distance to a business on a crossroad will be measured along the centerline of the crossroad from the end of the appropriate exit ramp to the center of the primary entrance to the business. Where the business is located along an intersecting road, the distance will be measured along the centerline of the crossroad to the centerline of the intersecting road and then measured along the centerline of the intersecting road to the center of the primary entrance to the business. Where an entrance serves more than one business, the driving distance using the proper marked driving aisles from the entrance to the parking space available for patrons nearest the business will be added to the distance measured along the crossroad or intersecting road. In the event the Department cannot determine which business establishment is closest to the appropriate exit ramp, priority for the available space will be determined by lottery, coin toss, or any other fair and impartial method determined by the Department. The affected businesses will be allowed to witness such action.
4) Signing will be allowed for a business establishment on each freeway from which it qualifies. If a business establishment meets the criteria at more than one interchange on any one freeway, signing will be allowed only from the interchange providing the most direct and best route in each direction from that freeway to the business establishment. In determining the most direct and best route, the Department will consider all relevant conditions including the directness of the route, congestion of the route, speed of travel, length of travel, and ease of locating the facility.
d) Business Signing Priorities
1) A specific service panel shall have a maximum of six business logo signs. Where there are more businesses of a specific service type eligible for and desiring signing than the number of signs and service panels permitted, those businesses nearest the exit ramp intersection with the crossroad will be given first priority for signing. Because each exit at an interchange is treated separately, a business establishment may be eligible to sign for only one direction of travel along a freeway.
A) When additional requests are received for a service type that has an existing full specific service panel, the Department may install a second specific service panel for that service type. When additional requests are received for a service type that has an existing full panel and there are four existing service panels at the interchange, a second specific service type may be combined with an existing specific service panel based on the requirements of Section 542.300(a)(1) and the following:
i) The service type that is full may be displayed on the service panel displaying a service type of lesser priority (see Section 542.300(a)(4)) that has the least number of logo signs installed.
ii) A service type that is full will only be combined with a service type of higher priority as a last option.
iii) At least one space will remain available for the existing service type that is being combined at the time the service panel is being modified.
iv) An existing service panel displaying more than three existing Level 1 signs will not be modified.
v) If there is more than one service type requesting Level 2 signs at the same time, the service type with the highest priority will be considered first in determining the ability to display Level 2 signs.
B) When considering a second specific service panel, the Department will take into consideration the number of other services available at the interchange, the interest expressed by qualified businesses and tourism attractions in the logo signing program, and the anticipated future development of the area.
2) A business with Level 1 signs will not have its signs removed because of a nearer business as long as it continues to meet the established criteria and continues to pay annual fees. A business with Level 1 signs cannot choose to have its signs relocated to a second specific service panel. This provision does not apply to Level 2 signs (see subsection (d)(7)).
3) Once businesses are selected for a particular panel, the eligible business closest to the interchange from which an application was received will have its sign placed on the available space closest to the top left of the panel, and the second closest business will be on the next available space horizontally. On panels for single-exit interchanges, after spaces on the top row are filled, signs will be placed along the next row or rows in the same manner. Signs will be arranged similarly for double-exit interchanges, except the business at the first exit will have signs on the top portion of the panels and businesses at the second exit will have signs at the bottom portion of the panels. If a business leaves the program and subsequently reapplies and is accepted back into the program, its new sign will be placed on the panel in the same place as its previous sign if the space is available or, in the event the previous space has been assigned to another business, in the closest available space to its previous space. Once placed on a panel, requests from a business to relocate its business sign to other available locations on the panel will not be honored.
4) The Department will remove individual business signs within 15 calendar days after a business leaving the program for any reason and such empty space on the specific service panel will constitute public notice that such space is available for another qualifying business. When such removal of individual business signs causes space to become available on any specific service panel and where the panel had, up to that time, the maximum number of individual business signs allowed, the qualifying business closest to the interchange that submits a valid application, including the required application fee, within 45 calendar days after such removal, not counting the removal date, and that is open to the public on or before the end of the 45 day time period, will be allowed to display its business sign in the available space. If no qualifying business submits its application within the 45 day period, the first qualifying business that submits a valid application and that is open to the public at the time the application is submitted, will be allowed to display its business sign in the available space. When the Department installs a second specific service panel, the qualifying businesses closest to the interchange that submit a valid application within 45 calendar days after the installation date of the service panel, and that are open to the public on or before the end of the 45-day time period, will be allowed to display their business signs in the available spaces. The installation of a second specific service panel will constitute public notice that the space is available for qualifying businesses.
5) When a business closes due to remodeling, or due to an act of God, including, but not limited to, fire or flood, the business shall notify the Department in writing of the closure within 30 calendar days. The complete demolition of a business' building will be considered to be remodeling as long as the new business building is constructed on the existing site. Following closure, the business signs will be removed and returned to the business. If the business remains closed after six months, the space will be declared available. In any event, if the allowable closure period extends to the subsequent fiscal year, the annual rental fee for the business must be paid for that year or the space will be declared available. If the business does not notify the Department in writing within 30 calendar days after the closure, and the Department becomes aware of such closure, the closure will be considered permanent, the business will lose its signing priority and the space will be declared available. When a space is declared available, a new application must be submitted for inclusion in the program and its priority will be evaluated among all the other eligible businesses desiring signing at the interchange in question.
6) Loss of Signing Priority
A) If any of the following changes occur, the business will lose its signing priority and the space will be declared available:
i) When the service type changes (i.e., a gas station changing to a food establishment).
ii) When a business closes its current location to move to a new location.
iii) When the business closes permanently.
B) If the business reopens, wishes to take part in this program and is still eligible for signing under this program, and if a space has been declared available, the business shall submit a new application and its priority will be evaluated among all the other eligible businesses desiring signing at the interchange in question.
7) Level 2 signs will be removed by Department personnel, regardless of how long they have been installed, when the business no longer meets the requirements of this Part, is in arrears on annual payments, or for any of the reasons listed in subsection (d)(6). If not already removed for any other reason, businesses with Level 2 signs that have been installed more than five years will have their signs removed at the end of the fifth fiscal year for which they have prepaid. Removal will only apply if there are no spaces available on the second specific service panel displaying the Level 2 signs at the end of the fifth fiscal year. Businesses with Level 2 signs that are removed for this reason that wish to have their signs reinstalled will be required to reapply and their priority will be evaluated among all the other eligible businesses desiring signing at the interchange in question. The available spot or spots on the second specific service panel will be filled as specified in subsection (d)(4). When Level 1 signs are removed because a business is no longer part of the program, the business with Level 2 signs at the same interchange, of the same service type, and that is closest to the interchange will have its business signs relocated to the removed Level 1 signs' former spaces. The relocated signs will become Level 1 signs and will no longer be subject to removal after a five year period. Businesses cannot choose to keep their signs on the second service panel.
e) Location of Business
1) Business on the Crossroad
Where a business establishment providing gas, food, lodging, camping, or a 24-hour pharmacy is on the crossroad, it will be signed on a freeway panel if it is visible to the motorists from the crossroad, or if a sign is on the business site advising motorists of the appropriate entrance to the establishment.
2) Business Not on the Crossroad
A) Where a business establishment providing gas, food, lodging, or a 24-hour pharmacy is not on the crossroad, it will be signed on a freeway panel if it is visible to the motorists from the crossroad, or if it is visible from a road intersecting the crossroad and has a trailblazer assembly placed on the crossroad advising motorists where to turn. The Department will place such trailblazer signs on state highway crossroads for the fee established in Section 542.600(b)(2). Where the crossroad is under local agency jurisdiction, trailblazer signs will not be required if legible signs with directional information are present advising motorists where to turn. If such signs are not present, a business needing the signing will be allowed to participate in the program only if the business can arrange with the appropriate local agency for the erection and maintenance of such legible signs with directional information on all roads under the jurisdiction of the local agency. This provision applies to those businesses that receive approval of their applications on or after January 1, 2012.
B) A campground not on the crossroad can be signed on a freeway panel regardless of the number of turns required if legible signs with directional information are present advising motorists where to turn. The Department will erect trailblazer signs along State-maintained highways for the fee established in Section 542.600(b)(2).
f) No business will be allowed more than one space on an individual specific service panel; however, a business could qualify for a business sign on more than one type of panel; e.g., both food and lodging.
**History**
- *Source: Amended at 35 Ill. Reg. 18905, effective October 26, 2011*
##### **92 Ill. Adm. Code 542.450** Criteria for Rv-Friendly Symbol Signs (repealed) {#sec-542.450 omnilex-key=us-il-regs-official--title-92--542.450}
**History**
- *Source: Repealed at 35 Ill. Reg. 18905, effective October 26, 2011*
##### **92 Ill. Adm. Code 542.500** Panel and Sign Design {#sec-542.500 omnilex-key=us-il-regs-official--title-92--542.500}
a) Freeway Panel Design
1) At single-exit interchanges, the type of service and the exit number shall be displayed in one line above the business signs in white legend ten inches in height on a blue background.
2) At double-exit interchanges, the specific service panels shall consist of two sections, one for each exit. The top section shall display the business signs for the first exit and the lower section shall display the business signs for the second exit. The type of service and the exit number shall be displayed in a line above the business signs for each section. Where all businesses of a type of service are at only one exit, the specific service panel will be displayed similarly to that for a single-exit interchange.
3) When two types of services are combined on the same freeway panel, the higher priority service will be displayed above or to the left of the lower priority service. When three types of services are combined on the same freeway panel, one of the following arrangements will be used:
A) Service types arranged vertically with one service displayed on the top third of the panel, one service displayed on the middle third of the panel, and one service displayed on the bottom third of the panel.
B) Service types arranged horizontally with one service displayed on the left third of the panel, one service displayed on the middle third of the panel, and one service displayed on the right third of the panel.
C) The services will be displayed in priority order with the highest priority service listed at the top or to the left.
b) Exit Ramp Panel Design
1) Along exit ramps of single-exit interchanges, the business signs will be displayed in similar order to that on the freeway, except that those businesses to the motorists' left will have signs placed at the top of the panel and those to the right will be at the bottom. Directional arrows will be shown on the panel by the Department.
2) If used, exit ramp panels of double-exit interchanges are designed similar to those of single-exit interchanges, except without directional arrows.
3) Services will be combined on exit ramp panels, similar to that provided in subsection (a)(3).
c) Business Sign Design
1) The business signs will be designed and supplied by the business to the Department. These signs shall consist of the business' name, trademark, symbol, or combination thereof, providing it does not resemble any traffic sign, signal, or device. The business' trademark, name, etc., must be the primary message on the sign and directly related to the type of service being accommodated on the specific service panel. The business signs may also contain supplemental messages relating to the primary business, including credit cards honored by that business, ATM machines actually on the property that the business owns or leases, and messages such as "family restaurant", "buses welcome", "E85", "alternative fuels" and "diesel". Logos or symbols identifying a second business or a supplementary service will not be allowed. A business sign may also contain one supplemental word message directly relating to a second motorist service, including, but not limited to, "food mart" on a gas sign, "gas" on a lodging sign, or "restaurant" on a gas or lodging sign. A business sign shall not display the symbol/trademark or name of more than one business. Messages that are not related to motorist services, including, but not limited to, alcoholic beverages, area tourist attractions, dancing, lottery tickets, antiques, and vehicle sales will not be allowed as supplemental messages. Food signs for establishments that are closed one day a week shall include a supplemental message including the day of closure. The business sign may also contain one supplemental message identifying that the business is RV-friendly, subject to the following requirements:
A) The entrance to and egress from the business establishment shall be hard surfaced, kept free of potholes and at least 12 feet wide with a minimum swing radius of 50 feet to enter and exit the facility.
B) The entrance to and egress from the business establishment and the parking area shall be free of any electrical wires, tree branches, canopies or other obstructions up to 14 feet above the surface.
C) Fueling facilities with canopies are required to have a 14-foot clearance, and those selling diesel fuel are required to have pumps with non-commercial nozzles.
D) Fueling facilities must allow for pull-through with a swing radius of 50 feet.
E) Restaurants and 24-hour pharmacies shall have a minimum of two RV spaces that are a minimum of 12 feet wide and 65 feet long with a minimum swing radius of 50 feet to enter and exit the spaces.
F) Campgrounds shall have a minimum of two spaces that are a minimum of 18 feet wide and 45 feet long.
G) Business establishments shall post signs on their sites directing motorists to RV-friendly parking spaces and other on-site RV-friendly services.
H) The supplemental message shall either be "RV access" or "RV friendly". It may also consist of an abbreviation "RV" in six inch black letters inside a 10" diameter yellow circle with a black border displayed within and near the lower right-hand corner of the business sign.
2) Any supplemental messages must be an integral part of the business sign and not added as stickers or decals after the business sign has been installed. Any signs that are tampered with by adding or deleting supplemental messages or by altering the name, logo, or symbol or any other portion of the message or design subsequent to their installation will be removed by the Department and the business must furnish new signs in addition to the $50 per sign reinstallation fee required by Section 542.600(b)(4). Should the service indicated by a supplemental message be discontinued, the business must furnish new business signs without the discontinued message along with the $50 per sign reinstallation fee required by Section 542.600(b)(4) within 60 days after discontinuation of the service. Covering over the message will not be allowed. Supplemental messages may be omitted on ramp and trailblazer signs if the business desires. Signs shall be fabricated on an aluminum base material between .080 and .125 inches thick. High-performance reflectorized background sheeting material shall be utilized for the signs. The size of the signs to be placed on freeway panels, exit ramp panels, and trailblazer assemblies shall be as follows:
GAS
FOOD, LODGING, CAMPING, 24-HR PHARMACY
Width
Height
Width
Height
FREEWAY
48"
36"
60"
36"
EXIT RAMP
24"
18"
24"
18"
TRAILBLAZER
24"
18"
24"
18"
Business sign lettering, other than that which is part of a logo/trademark, shall be a minimum of 8" high on freeway signs and 4" high on ramp and trailblazer signs. Supplemental message lettering shall be a minimum of 5" high on freeway signs and 2.5" high on ramp and trailblazer signs.
3) In order to ensure that the signs meet all of the requirements of this Section, businesses shall furnish a sign design to the Department for approval within 30 calendar days after approval of their application. If the sign design is not received by the Department within the 30 day time period, the space will be declared available.
4) Any campground not open the entire year must have its opening and closing months shown on its freeway business signs, but is not required to have the months shown on the exit ramps. This provision applies to those businesses who receive approval of their applications on or after January 1, 2012.
**History**
- *Source: Amended at 35 Ill. Reg. 18905, effective October 26, 2011*
##### **92 Ill. Adm. Code 542.600** Application, Fees, and Other Regulations {#sec-542.600 omnilex-key=us-il-regs-official--title-92--542.600}
a) Application
1) As a freeway route is scheduled to have business logo signs displayed for the first time, the Department will publish in local newspapers a notice soliciting participation from businesses offering gas, food, lodging, camping, and a 24-hour pharmacy along that freeway.
2) Application forms will be available from the Department (see Appendix B – District Offices and Counties for a listing of District addresses and phone numbers) for all businesses that could qualify to have business signs displayed on specific service panels. If a business wishes to participate in this program, it must complete an application form for each specific service for which it wishes to sign and submit it to the Department by the deadline date indicated in the newspaper notice. Applications received after the indicated date will be considered if space is still available on the freeway panels.
3) Where the Department determines from the initial application that the business meets the criteria listed in this Part and space is available, the application will be approved and returned to the business along with instructions concerning the number and location of the business signs, the annual fee, and other appropriate information.
b) Fees
1) A $100 processing fee for each type of service signing requested by a business establishment must be submitted to the Department at the time the sign design is submitted for approval, as required by Section 542.500(c)(3). A $100 processing fee will also be charged when a business reapplies for signing after its signs have been removed due to late rental payments, withdrawal from the program, or a business changing its name and its ownership at the same time, or for removal of Level 2 signs after 5 years of installation, as required under Section 542.400(d)(7).
2) An annual rental fee sufficient to offset the cost of this program will be charged for each business sign displayed on a freeway panel, exit ramp panel, and trailblazer assembly. The annual rental fees as of July 1, 2006 will be $200 for each business sign displayed on a freeway panel, $130 for each business sign displayed on an exit ramp panel, and $30 for each business sign displayed on a trailblazer assembly. The Department will periodically adjust the fees to reflect the current cost of maintaining the signing system. Fee adjustments are subject to rulemaking. Fees will be collected on an annual basis. When a business establishment makes an annual payment, it will be guaranteed usage of the paid space on the specific service panel for the entire year, as long as it meets the established criteria. Any business closing or withdrawing from the program after making its annual payment will not be given a refund. A prorated fee will be charged for signs erected for a partial year.
3) Where payment is not received by the Department within 30 calendar days after the due date, the business signs will be removed by the Department. Where receipt of payment is delinquent and a specific service panel is full, the business establishment will lose its signing priority to the next qualifying business desiring the space. When the fee is received after the business sign is removed, and space is still available on the panel, a fee of $100 will be charged for reapplication as provided for in subsection (b)(1), in addition to the annual fee for the remainder of the fiscal year, as well as that portion of the annual fee owed for the period of time between the end of the preceding fiscal year and the date the sign was removed.
4) A fee of $50 for each business sign will be charged for a business requesting that its signs be replaced with new signs for any reason other than due to damage or vandalism as provided for in subsection (c)(1) of this Section. Where such replacement is requested, all business signs for the specific business, including those on freeway and exit ramp panels, as well as any trailblazer signs, must be replaced at the same time.
c) Placing and Maintaining Business Signs
1) Businesses, at their expense, must supply their own business signs to the Department within 60 calendar days after approval of their design. If the signs are not received by the Department within the 60 calendar day time period, the space will be declared available. Only the Department will place, or cause to be placed, the business signs on the specific service panels and trailblazer assemblies.
2) When a business sign is so deteriorated, damaged or vandalized that it needs replacement, the Department will notify its owner by certified mail to resubmit a logo design within 30 days after the notification. The Department reserves the right to make the final determination of whether a business sign needs to be replaced. Once the logo design is approved, the owner must supply the Department with the replacement sign within 60 days after the logo design approval. There will be a fee of $50 for each sign replaced due to deterioration that has been installed less than 10 years. There will be no charge for the replacement of a business sign that has been damaged or vandalized. If a logo design is not received within the 30 day time period or a replacement sign is not received within the 60 day time period, the Department will remove all of the owner's business signs at the interchange and the business will lose its signing priority.
3) Businesses will be required to certify on the application that they meet the established criteria. When the Department receives a complaint that a business may not comply, the suspected business will be contacted by the Department to determine if it meets the established criteria. If it is determined the business establishment fails to qualify, the business must change its operation within 30 calendar days after notification by the Department so as to comply or its business logos will be removed.
**History**
- *Source: Amended at 35 Ill. Reg. 18905, effective October 26, 2011*
##### **92 Ill. Adm. Code 542.APPENDIX** A District Boundary Map (repealed) {#sec-542.appendix omnilex-key=us-il-regs-official--title-92--542.APPENDIX}
**History**
- *Source: Repealed at 30 Ill. Reg. 5650, effective March 10, 2006*
##### **92 Ill. Adm. Code 542.APPENDIX** B District Offices and Counties {#sec-542.appendix omnilex-key=us-il-regs-official--title-92--542.APPENDIX}
District 1
Bureau of Traffic
201 West Center Court
Schaumburg IL
60196-1096
847/705-4411
Cook, DuPage, Kane, Lake, McHenry and Will
District 2
Bureau of Operations
819 Depot Avenue
Dixon IL 61021-3500
815-284-5395
Boone, Carroll, Henry, JoDaviess, Lee, Ogle, Rock Island, Stephenson, Winnebago and Whiteside
District 3
Bureau of Operations
700 East Norris Drive
Ottawa IL 61350
815-434-8417
Bureau, DeKalb, Ford Grundy, Iroquois, Kankakee, Kendall, LaSalle and Livingston
District 4
Bureau of Operations
401 Main
Peoria IL 61602
309/671-4460
Fulton, Henderson, Knox, Marshall, McDonough, Mercer, Peoria, Putnam, Stark, Tazewell, Warren and Woodford
District 5
Bureau of Operations
13473 IL Hwy. 133
P.O. Box 610
Paris IL 61944
217/466-7234
Champaign, DeWitt, Douglas, Edgar, McLean, Piatt and Vermilion
District 6
Bureau of Operations
126 East Ash
Springfield IL 62704-4792
217/782-7314
Adams, Brown, Cass, Christian, Hancock, Logan, Macoupin, Mason, Menard, Montgomery, Morgan, Pike, Sangamon, Schuyler and Scott
District 7
Bureau of Operations
400 West Wabash
Effingham IL 62401
217/342-8261
Clark, Clay, Coles, Crawford, Cumberland, Edwards, Effingham, Fayette, Jasper, Lawrence, Macon, Moultrie, Richland, Shelby, Wabash and Wayne
District 8
Bureau of Operations
1102 EastPort Plaza
Collinsville IL 62234
618/346-3250
Bond, Calhoun, Clinton, Greene, Jersey, Madison, Marion, Monroe, Randolph, St.Clair and Washington
District 9
Bureau of Operations
State Transportation Building
2801 W. Murphysboro
P.O. Box 100
Carbondale IL 62903
618/351-5240
Alexander, Franklin, Gallatin, Hamilton, Hardin, Jackson, Jefferson, Johnson, Massac, Perry, Pope, Pulaski, Saline, Union, White and Williamson
**History**
- *Source: Amended at 32 Ill. Reg. 8027, effective May 8, 2008*
##### **92 Ill. Adm. Code 542.ILLUSTRATION** A Typical Signing for Single-Exit Interchanges (repealed) {#sec-542.illustration omnilex-key=us-il-regs-official--title-92--542.ILLUSTRATION}
**History**
- *Source: Repealed at 24 Ill. Reg. 12736, effective September 1, 2000*
##### **92 Ill. Adm. Code 542.ILLUSTRATION** B Typical Signing for Double-Exit Interchanges (repealed) {#sec-542.illustration omnilex-key=us-il-regs-official--title-92--542.ILLUSTRATION}
**History**
- *Source: Repealed at 24 Ill. Reg. 12736, effective September 1, 2000*
##### **92 Ill. Adm. Code 542.ILLUSTRATION** C Example Where an Existing Directional Sign Interferes with Normal Panel Spacing (repealed) {#sec-542.illustration omnilex-key=us-il-regs-official--title-92--542.ILLUSTRATION}
**History**
- *Source: Repealed at 24 Ill. Reg. 12736, effective September 1, 2000*
##### **92 Ill. Adm. Code 542.ILLUSTRATION** D Example Where All Panels Cannot Be Erected Ahead of the First Advance Guide Sign (repealed) {#sec-542.illustration omnilex-key=us-il-regs-official--title-92--542.ILLUSTRATION}
**History**
- *Source: Repealed at 24 Ill. Reg. 12736, effective September 1, 2000*
##### **92 Ill. Adm. Code 542.ILLUSTRATION** E Example of Trailblazer Assembly (repealed) {#sec-542.illustration omnilex-key=us-il-regs-official--title-92--542.ILLUSTRATION}
**History**
- *Source: Repealed at 24 Ill. Reg. 12736, effective September 1, 2000*
##### **92 Ill. Adm. Code 542.ILLUSTRATION** F Examples of Interstate Panels for Single-Exit Interchanges (repealed) {#sec-542.illustration omnilex-key=us-il-regs-official--title-92--542.ILLUSTRATION}
**History**
- *Source: Repealed at 24 Ill. Reg. 12736, effective September 1, 2000*
##### **92 Ill. Adm. Code 542.ILLUSTRATION** G Examples of Interstate Panels for Double-Exit Interchanges (repealed) {#sec-542.illustration omnilex-key=us-il-regs-official--title-92--542.ILLUSTRATION}
**History**
- *Source: Repealed at 24 Ill. Reg. 12736, effective September 1, 2000*
##### **92 Ill. Adm. Code 542.ILLUSTRATION** H Example of Two Services on One Interstate Panel (repealed) {#sec-542.illustration omnilex-key=us-il-regs-official--title-92--542.ILLUSTRATION}
**History**
- *Source: Repealed at 24 Ill. Reg. 12736, effective September 1, 2000*
##### **92 Ill. Adm. Code 542.ILLUSTRATION** I Examples of Specific Service Panels Along a Single-Exit Interchange Exit Ramp (repealed) {#sec-542.illustration omnilex-key=us-il-regs-official--title-92--542.ILLUSTRATION}
**History**
- *Source: Repealed at 24 Ill. Reg. 12736, effective September 1, 2000*
##### **92 Ill. Adm. Code 542.ILLUSTRATION** J Examples of Specific Service Panels Along a Double-Exit Interchange Exit Ramp (repealed) {#sec-542.illustration omnilex-key=us-il-regs-official--title-92--542.ILLUSTRATION}
**History**
- *Source: Repealed at 24 Ill. Reg. 12736, effective September 1, 2000*
#### **Part 543** Tourism Attraction Signing Program
##### **92 Ill. Adm. Code 543.100** Introduction {#sec-543.100 omnilex-key=us-il-regs-official--title-92--543.100}
a) This Part has been developed to regulate the use of tourism attraction signs displayed along various freeways. It establishes standards, specifications, and financial responsibility for a program of placing tourism attraction signs on tourism attraction panels. The displayed signs will provide motorists with travel related directional information to facilities of interest to tourists.
b) This program applies to freeways within the State of Illinois that are under the jurisdiction of the Illinois Department of Transportation (the Department).
##### **92 Ill. Adm. Code 543.200** Definitions {#sec-543.200 omnilex-key=us-il-regs-official--title-92--543.200}
The following words or phrases, when used in this Part, shall have the meanings ascribed to them in this Section.
"Ahead" or "In advance of" – a sign is ahead or in advance of another when it is at a greater distance than the other from the crossroad being signed.
"Billing Cycle" – billing beginning July 1 and ending the following June 30.
"Business Logo Sign" – a sign conforming to the Department's rule titled Business Logo Signing Program, 92 Ill. Adm. Code 542, advising motorists of services such as gas, food, lodging, camping and 24-hour pharmacy services.
"Crossroad" – a public road intersecting the freeway for which an interchange is provided.
"DCEO" – the Illinois Department of Commerce and Economic Opportunity, acting through its Office of Tourism, with central offices located at 620 East Adams Street, Springfield , Illinois 62701.
"Department" – the Illinois Department of Transportation, with central offices located at 2300 South Dirksen Parkway, Springfield, Illinois 62764.
"Entrance or Exit Ramps" – lanes entering or leaving the main traveled way of a freeway. These lanes provide access between the freeway and the crossroad at an interchange.
"Fiscal Year" – a year beginning July 1 and ending the following June 30.
"Freeway" – a divided highway for through traffic, other than one under the jurisdiction of the Illinois State Toll Highway Authority, with full control of access and grade separations at all crossroads.
"IDNR" – the Illinois Department of Natural Resources, with central offices located at One Natural Resource Way, Springfield, Illinois 62702-1271.
"IHPA" – the Illinois Historic Preservation Agency, with central offices located at 500 East Madison Street, Springfield, Illinois 62701.
"Interchange" – a system of interconnecting ramps providing for the movement of traffic between two roadways on different levels.
"Marketing Plan" – a plan supplied by a tourism attraction that explains how and where the attraction is being marketed or advertised outside a 50 mile radius of the interchange.
"Official Sign" – a sign that is defined as an official sign in the Department's rule titled Control of Outdoor Advertising Adjacent to Primary and Interstate Highways, 92 Ill. Adm. Code 522, and that is erected and maintained by the Department along a freeway. For purposes of this Part, official signs do not include business logo signs.
"RV-friendly Message " – a supplemental message advising that a tourism attraction can accommodate the movement and parking of recreational vehicles (RVs).
"Second Tourism Attraction Panel" – a tourism attraction panel that accommodates additional tourism attraction sign space beyond the maximum space allowed on an existing tourism attraction panel. When there is more than one tourism attraction panel installed in the same direction in advance of an interchange, the panel with the most recent original installation date will be considered the second tourism attraction panel.
"Supplemental Distance Sign" – a sign identifying the mileage to an attraction that is mounted on the posts of an exit ramp panel or trailblazer panel.
"Tourism Attraction" or "Attraction" – an open facility having the primary purpose of providing amusement and/or historical, cultural, or leisure activities to the public.
"Tourism Attraction Panel" – a rectangular panel, displaying the word ATTRACTION and directional information, on which a tourism attraction sign is mounted. A panel along the freeway is referred to as a "freeway panel" and a panel along the exit ramp or crossroad is referred to as an "exit ramp panel".
"Tourism Attraction Sign" – a rectangular sign consisting of a tourism attraction name, trademark, brand, symbol, or a combination thereof, that is displayed on a tourism attraction panel or, together with an arrow panel, as a trailblazer sign.
"Trailblazer Sign" – a tourism attraction sign displayed, together with an arrow panel, off the freeway system to advise motorists where to turn en route to an attraction.
**History**
- *Source: Amended at 35 Ill. Reg. 18932, effective November 26, 2011*
##### **92 Ill. Adm. Code 543.300** Criteria for Tourism Attraction Panels {#sec-543.300 omnilex-key=us-il-regs-official--title-92--543.300}
a) Number and Order of Freeway Panels
1) Tourism attraction panels and tourism attraction signs may be installed under the standards of Chapter 2J of the Manual on Uniform Traffic Control Devices for Streets and Highways, 2009 Edition, available from the US Department of Transportation's Federal Highway Administration, 1200 New Jersey Avenue, SE, Washington DC 20590, (202)366-4000 or http://mutcd.fhwa.dot.gov, no later amendments or editions included. A tourism attraction panel will be erected within the right-of-way of a freeway for each direction of travel in advance of an interchange after receipt of the tourism attraction signs by the Department. If additional requests are received for tourism attraction signs and the tourism attraction panel is full, a second tourism attraction panel may be installed. Space for a second tourism attraction panel will be subject to the installation and priority of service types, as prescribed under 92 Ill. Adm. Code 542, Business Logo Signing Program. When considering a second tourism attraction panel, the Department will take into consideration the number of other services available at the interchange, the interest expressed by those qualified businesses, and the anticipated future development of the area. There will only be a maximum of two tourism attraction panels installed for each direction in advance of an interchange. The maximum number of signs displayed on a tourism attraction panel, whether separate or combined with a business logo panel, will be as required in Section 543.600(a)(2).
2) Tourism attraction panels will not be erected in advance of any exit-only freeway interchange where motorists cannot easily reenter the freeway and continue in the same direction of travel.
3) Tourism attraction panels will not be erected in advance of any freeway interchange where there are four business logo panels in place except where they can be combined as allowed in Section 543.600(a)(2).
4) Signing for a qualifying tourism attraction will only be allowed at a given interchange where the attraction can be reached without crossing another freeway.
5) All tourism attraction panels will be ground-mounted.
b) Location of Freeway Panels
1) Each tourism attraction panel along the freeway will be installed at least 800 feet from other signs and/or the beginning of an exit ramp taper. Each tourism attraction panel along the freeway will also be installed at least 500 feet from the preceding entrance ramp stub.
2) Tourism attraction panels will not be erected in advance of exit ramps to a previous interchange.
c) Exit Ramp Panels at Single-Exit Interchanges
1) The Department will install exit ramp panels along exit ramps at single-exit interchanges in accordance with subsection (c)(2) of this Section.
2) A tourism attraction that is displayed on a freeway panel shall also be required to be displayed on the exit ramp panel at a single-exit interchange. Only tourism attractions having signs displayed on freeway panels will have signs displayed on exit ramp panels.
3) The Department will install a supplemental distance sign below the tourism attraction sign for any tourism attraction over one mile from the exit ramp at single-exit interchanges in Cook, DuPage and Lake Counties, and over two miles in other counties. Whenever the Department installs a supplemental distance sign on an exit ramp panel, it will also install a supplemental distance sign below the tourism attraction sign of any other tourism attraction that is ½ mile or more from the ramp. The supplemental sign will indicate the distance to the tourism attraction in half-mile increments for distances up to two miles and in one-mile increments for distances over two miles.
d) Exit Ramp Panels at Double-Exit Interchanges
Any tourism attraction that has its logo displayed on a freeway panel will not be required to display its logo on an exit ramp panel at a double-exit interchange. Any tourism attraction that has its logo displayed on a freeway panel at a double-exit interchange that is reconstructed to a single-exit interchange shall be required to have its logo displayed on ramp panels in accordance with subsection (c).
**History**
- *Source: Amended at 35 Ill. Reg. 18932, effective November 26, 2011*
##### **92 Ill. Adm. Code 543.400** Criteria for Tourism Attraction Signs {#sec-543.400 omnilex-key=us-il-regs-official--title-92--543.400}
a) Attraction Categories
In order to be considered for tourism attraction signs, the attraction must fall under one of the categories listed in subsections (a)(1) through (a)(19) of this Section. Additionally, the attraction, except as otherwise provided, must have adequate legal parking; must be open to the public a minimum of 100 days per year; must have drinking water and Americans with Disabilities Act compliant restroom facilities at or near the site; and must have minimum annual attendance consistent with the categories listed as follows.
1) Agri-Tourism Site: An established area where consumers can interact with Illinois agricultural producers for the purpose of tours, education or other rural recreational experiences or to purchase and/or pick pumpkins and other produce directly from the producer. The facility must offer a variety of agri-tourism related entertainment, including, but not limited to, activities such as hayrack rides, farm animals, corn mazes, etc. The facility must offer concessions and restroom facilities, with a minimum annual attendance of 5,000.
2) Amusement Park/Fairgrounds/Recreational and Entertainment Complex: A park, fairground, or recreational and entertainment complex that supplies refreshments and multiple activities of entertainment and recreation, with a minimum annual attendance of 50,000.
3) Antique Shopping Areas: A stand alone facility with a group of at least 40 vendors or 30,000 square feet of space that specializes in the sale of antique items or an area concentrated within a mile radius offering five or more individual antique shops that specialize in the sale of antique items.
4) Arena/Performance Center: A stadium, sports complex, auditorium, civic center, racetrack, convention center or cultural center, with a minimum annual attendance of 50,000.
5) Botanical/Zoological Facility: A collection of unique living plants/animals that are kept and exhibited to the public, with a minimum annual attendance of 25,000. Zoos shall be members of, or accredited by, the American Zoo and Aquarium Association or other similar organization.
6) Brewery: An establishment that manufactures and produces malt liquors, such as beer and ale, on the premises. It must be open to the public offering tours and must offer an organized tasting and/or sampling opportunity for the visitor with an option to purchase. The facility must be accessible with public restrooms and a minimum annual attendance of 5,000.
7) Entertainment/Dining/Shopping District: An area concentrated within a half-mile radius offering a variety of entertainment, dining and shopping venues.
8) Gambling/Wagering Facility: An off-track wagering facility or a riverboat casino authorized and regulated by the State of Illinois.
9) Golf Course: An area of land laid out for golf with a minimum of 9 holes, each including tee, fairway, and putting green, and often one or more natural or artificial hazards and open to the public, with a minimum annual attendance of 15,000. Miniature golf courses, driving ranges, chip-and-putt courses and indoor golf courses are not eligible to participate in the program.
10) Historic Shopping District: A shopping district with a minimum of seven stores in restored structures that is marketed as a historic shopping district or area.
11) Historic Site: A structure, district, or landmark listed by the IHPA as being of historical significance, with an annual minimum attendance of 5,000. State sites maintained by the IHPA, the IDNR, and the Department are exempt from the requirements of this Part. Sites promoting the same historic event or person should be combined as one logo on a sign (i.e., Lincoln Sites, Frank Lloyd Wright Sites).
12) Marina: A sheltered harbor adjacent to a navigable waterway where boats are kept in the water and recreational boating services are provided. This category is considered a seasonal attraction.
13) Museum: An organized and permanent institution, with professional staff, in which works of artistic, historical or scientific value are cared for and exhibited to the public, with a minimum annual attendance of 15,000. Museums shall be members of, or accredited by, the American Association of Museums, the Illinois Association of Museums, the Association of Midwest Museums, or some other similar organization.
14) Orchard: An established area or facility where consumers can purchase or pick fresh Illinois food products directly from Illinois producers, with a minimum annual attendance of 5,000. The facility shall include a general store.
15) River Excursion: A non-gaming riverboat sightseeing excursion, with a minimum annual attendance of 5,000.
16) Shopping Center: A group of stores arranged in one or more buildings with the stores in any one building separated by floor to ceiling partitions and having, in Cook, DuPage and Lake Counties, a minimum of 150 stores and, in all other counties, a minimum of 45 stores.
17) State or National Park/Forest/Wild Life Area: An area designated by a unit of government that provides activities such as fishing, picnicking, hiking, swimming, boating, and sporting events, with a minimum annual attendance of 15,000.
18) Unique Attractions: Areas of special interest that have a minimum annual attendance of 5,000, including, but not limited to:
A) ATV Parks – a park designed to allow visitors to drive All-Terrain Vehicles on a designated surface.
B) Comedy Clubs – open to the public with regularly scheduled performances.
C) Disc Golf – a disc game in which individual players throw a flying disc into a basket/target.
D) Rock Climbing – facilities open to the public with equipment designed to allow visitors to climb rocks.
E) Sky Diving – facilities open to the public allowing the visitor to jump from a plane using certified jumping equipment/gear.
F) Sport Shooting Clubs – facilities open to the public that offer the visitor an opportunity to shoot five stand, skeet, trap or sporting clays.
G) Landmarks that have been internationally or nationally recognized for their uniqueness.
19) Winery: A facility, open to the public with regularly scheduled hours, that holds an Illinois 1st or 2nd Class Winemakers License or an Illinois 1st or 2nd Class Wine Manufacturer License and ferments more than 200 gallons per year and offers educational tours of the Illinois winemaking process in an Illinois winery that is associated with a tasting room and has a minimum annual attendance of 5,000.
b) Ineligible Attractions. Attractions not normally associated with tourism are not eligible. Ineligible attractions include, but are not limited to, furniture and clothing stores, automotive dealerships, garages, drug stores, movie theaters, appliance stores, department stores, schools, houses of worship, real estate offices, auction houses, livestock sales facilities, sand and gravel facilities, and grocery stores.
c) Distance to Tourism Attraction
1) A tourism attraction must be within five road miles of a freeway interchange in Cook County, within ten road miles in DuPage and Lake Counties, and within 30 road miles in all other counties.
2) The distance to each tourism attraction will be measured as the travel distance between the end of the appropriate exit ramp and the tourism attraction. The distance to a tourism attraction on a crossroad will be measured along the centerline of the crossroad from the end of the appropriate exit ramp to the center of the primary entrance to the tourism attraction. Where the tourism attraction is located along an intersecting road, the distance will be measured along the centerline of the crossroad to the centerline of the intersecting road and then measured along the centerline of the intersecting road to the center of the primary entrance to the tourism attraction. Where an entrance serves more than one tourism attraction, the driving distance using the properly marked driving aisles from the entrance to the parking space available for patrons nearest the tourism attraction will be added to the distance measured along the crossroad or intersecting road.
3) If a tourism attraction meets the criteria at more than one interchange on a given freeway, signing will be allowed only from the interchange providing the most direct and best route in each direction. In determining the most direct and best route, the Department will consider all relevant conditions, including the directness of the route, congestion of the route, speed of travel, length of travel, and ease of locating the tourism attraction.
d) Tourism Attraction Signing Priorities
1) Where there may be more tourism attractions eligible for and desiring signing than the number of signs permitted on specific tourism attraction panels, the following point criteria will be used in determining priority for signing. When two or more tourism attractions score identical points, the priority will be based on the distance to the interchange with a closer tourism attraction having priority over a farther tourism attraction. When the Department cannot determine which tourism attraction is closest to the appropriate exit ramp, priority for the available space will be determined by lottery, coin toss, or any other fair and impartial method determined by the Department. The affected tourism attraction will be allowed to witness such action. Because each exit at an interchange is treated separately, a tourism attraction may be eligible to sign from only one direction of travel along a freeway.
Annual Attendance:
Less than 50,000 persons
10 points
50,000 to 149,999 persons
20 points
150,000 to 249,999 persons
30 points
250,000 persons or more
35 points
Days/Hours of Operation:
Open a minimum of 100 hours per year
5 points
Open a minimum of 3 days per week, 7 hours per day for less than 6 months per year but for a total of more than 400 hours per year
10 points
Open a minimum of 5 days per week, 7 hours per day for more than 6 months of the year
20 points
Open year-round, except major holidays, a minimum of 7 hours per day
30 points
Distance from interchange:
(Except Cook, DuPage and Lake Counties)
25.1 to 30 miles
5 points
20.1 to 25 miles
10 points
15.1 to 20 miles
15 points
10.1 to 15 miles
20 points
5.1 to 10 miles
23 points
5 miles or less
25 points
Distance from interchange:
(DuPage and Lake Counties Only)
9.1 to 10 miles
5 points
7.1 to 9.0 miles
10 points
5.1 to 7.0 miles
15 points
1.1 to 5.0 miles
20 points
1 mile or less
25 points
Distance from interchange:
(Cook County Only)
4.1 to 5 miles
10 points
3.1 to 4 miles
15 points
1.1 to 3.0 miles
20 points
1 mile or less
25 points
Marketing Plan:
Attractions not demonstrating any advertising efforts outside a 50 mile radius of the interchange
0 points
Attractions that advertise outside a 50 mile radius of the interchange on a limited basis with fewer than five advertisement placements per year
5 points
Attractions that advertise on a regular basis to markets outside a 50 mile radius of the interchange and/or conduct public relations efforts to generate visits from persons outside that area
10 points
2) An attraction will be guaranteed participation in the program for a minimum of three years from the date of installation of its tourism attraction signs provided it continues to meet the requirements of this Section and is not in arrears in its payments. Following the first three year period, signs for the attraction with the lowest priority on a panel may be removed at the beginning of the billing cycle in favor of another attraction with at least 30% higher priority based on subsection (d)(1) of this Section. This will only apply where the sign panel in question has the maximum number of attraction signs allowed in Section 543.600(a)(2).
3) When a tourism attraction closes temporarily due to remodeling, or due to an act of God, including, but not limited to, fire or flood, the tourism attraction shall notify the Department in writing of the closure. Notification shall be sent to the:
LOGO/Tourism Signing Coordinator
Illinois Department of Transportation
Bureau of Operations
2300 South Dirksen Parkway
Springfield, Illinois 62764
Following the closure, the tourism attraction signs will be removed and returned to the tourism attraction. If the tourism attraction remains closed after six months, the closure shall be considered as permanent and the space will be declared available. In any event, if the allowable closure period extends to the subsequent fiscal year, the annual rental fee for the tourism attraction must be paid for that year or the space will be declared available. If the tourism attraction does not notify the Department in writing of the closure and the Department becomes aware of the closure, the closure shall be considered permanent and the space will be declared available.
4) When a tourism attraction closes permanently, the tourism attraction will lose its signing priority and the space will be declared available. If the tourism attraction reopens and wishes to again take part in the program if a space is available, a new application must be submitted as specified in Section 543.600(a). If the tourism attraction is still eligible for signing under this program, priority will be evaluated among all other eligible tourism attractions desiring signing at the interchange in question.
e) Location of Tourism Attraction
1) Tourism Attraction on the Crossroad
Where a tourism attraction is on the crossroad, it must either be visible to the motorists from the crossroad, or have a sign on the tourism attraction site, visible to the motorists from the crossroad, advising motorists of the appropriate entrance to the attraction.
2) Tourism Attraction not on the Crossroad
A) Where a tourism attraction is not on the crossroad, it must either be visible to the motorists from the crossroad or have a trailblazer sign or signs installed on the crossroad and the road or roads leading to the attraction advising motorists where to turn.
B) Where roads leading from the crossroad to the attraction are State highways, the Department will install trailblazer signs advising motorists where to turn.
C) Where roads leading from the crossroad to the attraction are under local agency jurisdiction, freeway signing will not be provided until legible trailblazer or other signs are installed by, or by permission of, the local agencies, with directional information advising motorists where to turn. It shall be the responsibility of the tourism attraction to arrange with the appropriate local agency for the installation of all signs on roads under the jurisdiction of the local agency.
f) No tourism attraction will be allowed more than one space on an individual tourism attraction panel.
g) Where an attraction is signed from a given freeway on an existing official sign, (see Section 543.200, Definitions, "Official Sign"), other than a business logo sign, it may not be signed on a tourism attraction sign on the same freeway unless it agrees that the Department can remove its name from the official highway sign.
**History**
- *Source: Amended at 36 Ill. Reg. 7318, effective April 26, 2012*
##### **92 Ill. Adm. Code 543.500** Criteria for Rv-Friendly Symbol Signs (repealed) {#sec-543.500 omnilex-key=us-il-regs-official--title-92--543.500}
**History**
- *Source: Repealed at 35 Ill. Reg. 18932, effective November 26, 2011*
##### **92 Ill. Adm. Code 543.600** Panel and Sign Design {#sec-543.600 omnilex-key=us-il-regs-official--title-92--543.600}
a) Freeway Panel Design
1) The word ATTRACTION and the exit number will be displayed above the tourism attraction signs in white legend ten inches in height on a blue background.
2) Tourism attraction signs may be combined with business logo signs on the same freeway panel with the business logo signs shown on the upper or left portion or portions of the panel and the tourism attraction signs on the lower or right portion of the panel. No more than a total of six signs may be shown on any one panel. Attraction signs will not be combined with an existing service panel displaying more than three business logo signs. When tourism attraction signs are combined with business logo signs, one space will remain available for each business logo service type displayed on the panel.
b) Exit Ramp Panel Design
1) Along exit ramps of single-exit interchanges, the tourism attraction signs will be displayed in similar order to that on the freeway. The Department will install the necessary directional arrows on the panel.
2) Tourism attraction signs and business logo signs may be combined on exit ramp panels.
c) Tourism Attraction Sign Design
1) The tourism attraction signs will be designed by the tourism attraction and supplied to the Department. The signs shall consist of the tourism attraction name, trademark symbol, or combination thereof, providing it does not resemble any traffic sign, signal, or device. The tourism attraction name or trademark must be consistent with that used on other signing for the tourism attraction and must be the primary message on the sign. The tourism attraction signs may also contain supplemental messages relating to the primary tourism attraction, including hours/days of the week the attraction is open. A tourism attraction sign shall not display the symbol/trademark or name of more than one business. If the tourism attraction is open less than four days a week, the days open or closed shall be shown. Messages that are not related to tourism attractions, including, but not limited to, alcoholic beverages, lottery tickets, and vehicle sales will not be allowed as supplemental messages. Supplemental messages must be significantly smaller than the primary tourism attraction name, trademark, or symbol used on the sign. The business sign may also contain one supplemental message identifying that the business is RV-friendly, subject to the following requirements:
A) The entrance to and egress from the attraction shall be hard-surfaced, kept free of potholes and at least 12 feet wide with a minimum swing radius of 50 feet to enter and exit the facility.
B) The entrance to and egress from the attraction and the parking area shall be free of any electrical wires, tree branches, canopies or other obstructions up to 14 feet above the surface.
C) Fueling facilities with canopies are required to have a 14-foot clearance, and those selling diesel fuel are required to have pumps with non-commercial nozzles.
D) Fueling facilities must allow for pull-through with a swing radius of 50 feet.
E) Attractions shall post signs on their sites directing motorists to RV-friendly parking spaces and other on-site RV-friendly services.
F) The supplemental message shall either be "RV access" or "RV friendly". It may also consist of an abbreviation "RV" in 6" black letters inside a 10" diameter yellow circle with a black border displayed within and near the lower right-hand corner of the business sign.
2) Any supplemental messages must be an integral part of that tourism attraction sign and not added as stickers or decals after the tourism attraction sign has been installed. Any sign that is tampered with by the tourism attraction by the addition or deletion of supplemental messages or by altering the name, logo, or symbol or any other portion of the message or design subsequent to installation will be removed by the Department. The tourism attraction must then provide a new sign in addition to the $50 per sign reinstallation fee required by Section 543.700(b)(4). Covering over of a message will not be allowed. Signs shall be fabricated on an aluminum base material between .080 and .125 inches thick. High-performance retroreflectorized background sheeting material shall be utilized for the signs. The size of the signs to be installed on freeway panels, exit ramp panels, and trailblazer signs shall be as follows:
PANEL TYPE
SIGN
WIDTH HEIGHT
Freeway
60"
36"
Exit Ramp
24"
18"
Trailblazer
24"
18"
Business sign lettering, other than that which is part of a logo, shall be a minimum of 8" high on freeway signs and 4" high on ramp and trailblazer signs. Supplemental message lettering shall be a minimum of 5" high on freeway signs and 2.5" high on ramp and trailblazer signs.
3) In order to ensure that the signs meet the requirements of this Section, a tourism attraction shall provide a sign design to the Department for approval within 30 calendar days after approval of the application. If the sign design is not received by the Department within the 30-day time period, the space will be declared available.
**History**
- *Source: Amended at 35 Ill. Reg. 18932, effective November 26, 2011*
##### **92 Ill. Adm. Code 543.700** Application, Fees, and Other Regulations {#sec-543.700 omnilex-key=us-il-regs-official--title-92--543.700}
a) Application
1) In order for a tourism attraction to be considered for the program, an application form must be obtained from and, after completion, returned to the:
Tourism Attraction Sign Coordinator
Illinois Department of Commerce and Economic Opportunity
Office of Tourism
620 East Adams
Springfield, Illinois 62701
A separate application form must be completed for each tourism attraction.
2) When DCEO determines from the application that a tourism attraction meets the criteria listed in this Part, the application will then be reviewed by the Department to determine if space is available for the signs in accordance with this Part.
3) If the Department determines that space is available, the application will be approved and returned to the tourism attraction, along with instructions concerning the number and location of the tourism attraction signs, the annual fee, and other appropriate information.
b) Fees
1) A $100 non-refundable application fee for each tourism attraction must be submitted to the Department (see Appendix A) once the Department determines that space is available. The $100 application fee for each request for attraction signing that is not approved will be charged when a tourism attraction reapplies for signing after the attraction's signs have been removed due to late rental payments or temporary withdrawal from the program, or when a tourism attraction changes its name and its ownership at the same time.
2) An annual rental fee sufficient to offset the cost of the program will be charged for each tourism attraction sign displayed on a freeway panel, exit ramp panel, and trailblazer assembly. The annual rental fees as of July 1, 2007 will be $200 for each tourism attraction sign displayed on a freeway panel, $130 for each tourism attraction sign displayed on an exit ramp panel, and $30 for each tourism attraction sign displayed on a trailblazer assembly. Fee will be due on July 1 of every year. When a tourism attraction makes an annual payment, it will be guaranteed usage of the paid space on the specific attraction panel for the entire year, as long as it continues to meet the criteria established under this Part. Any tourism attraction closing or withdrawing from the program after making its annual payment will not be given a refund. A prorated fee will be charged for signs erected for a partial year when a business is accepted and a sign is installed after July 1.
3) When the annual rental fee is not received by the Department within 30 calendar days after the due date specified in the annual billing letter, the tourism attraction sign or signs will be removed by the Department. Where receipt of payment is delinquent and tourism attraction panels are full, the tourism attraction will lose its signing priority to the next tourism attraction desiring the space. When the fee is received after the tourism attraction sign is removed, and space is still available on the panel, the $100 application fee as provided for in subsection (b)(1) of this Section will apply. The annual fee for the remainder of the fiscal year, as well as any portion of the annual fee owed for the period of time between the end of the preceding fiscal year and the date the sign was removed will also apply.
4) A fee of $50 for each tourism attraction sign will be charged for a tourism attraction requesting that its signs be replaced with new signs for any reason other than due to damage or vandalism, as provided for in subsection (c)(2) of this Section. When replacement is requested, all tourism attraction signs for the specific tourism attraction, including those on freeway and exit ramp panels, as well as any Department-installed trailblazer sign, must be replaced at the same time. However, when the replacement only involves a change in a supplemental message, any signs not containing a supplemental message need not be replaced.
5) No fees will be charged to qualifying tourism attractions owned by the State of Illinois or the federal government, nor will any fees be charged to qualifying tourism attractions that are tax-exempt under section 501(c)(3) or other applicable section of the federal Internal Revenue Code.
c) Placing and Maintaining Tourism Attraction Signs
1) A tourism attraction must pay for and supply tourism attraction signs to the Department within 60 calendar days after approval of a sign design. If the signs are not received by the Department within the 60-day time period, the space will be declared available. Only the Department will install, or cause to be installed, the tourism attraction signs on the specific attraction panel and trailblazer signs.
2) When an attraction sign is so deteriorated, damaged or vandalized that it needs replacement, the Department will notify the attraction to resubmit a logo design within 30 days after the notification. The Department reserves the right to make the final determination of whether an attraction sign needs to be replaced. Once the logo design is approved, the attraction must supply the Department with the replacement signs within 60 days after the logo design has been approved. There will be a fee of $50 for each sign replaced due to deterioration that has been installed less than 10 years. There will be no charge for the replacement of an attraction sign that has been damaged or vandalized. If a logo design is not received within the 30-day time period or a replacement sign is not received within the 60-day time period, the Department will remove all of the attraction's business signs at the interchange and the attraction will lose its signing priority.
3) Tourism attractions will be required to certify on the application that their signs meet the criteria established under this Part. When DCEO receives a complaint from a third party that an approved tourism attraction may not be in compliance with the criteria established under this Part, the tourism attraction will be contacted by DCEO to determine if the tourism attraction signs meet the established criteria. If DCEO determines that the tourism attraction fails to qualify, DCEO will notify the tourism attraction in writing to make the necessary change or changes so as to comply or the tourism attraction signs will be removed.
**History**
- *Source: Amended at 35 Ill. Reg. 18932, effective November 26, 2011*
##### **92 Ill. Adm. Code 543.APPENDIX** A District Offices and Counties {#sec-543.appendix omnilex-key=us-il-regs-official--title-92--543.APPENDIX}
District 1
Bureau of Traffic
201 West Center Court
Schaumburg IL 60196-1096
847/705-4411
Cook, DuPage, Kane, Lake, McHenry and Will
District 2
Bureau of Operations
819 Depot Avenue
Dixon IL 61021-3500
815/284-5395
Boone, Carroll, Henry, JoDaviess, Lee, Ogle, Rock Island, Stephenson, Winnebago and Whiteside
District 3
Bureau of Operations
700 East Norris Drive
Ottawa IL 61350
815/434-8417
Bureau, DeKalb, Ford, Grundy, Iroquois, Kankakee, Kendall, LaSalle and Livingston
District 4
Bureau of Operations
401 Main
Peoria IL 61602
309/671-4460
Fulton, Henderson, Knox, Marshall, McDonough, Mercer, Peoria, Putnam, Stark, Tazewell, Warren and Woodford
District 5
Bureau of Operations
13473 IL Hwy. 133
P.O. Box 610
Paris IL 61944
217/466-7234
Champaign, DeWitt, Douglas, Edgar, McLean, Piatt and Vermilion
District 6
Bureau of Operations
126 East Ash
Springfield IL 62704-4792
217/782-7314
Adams, Brown, Cass, Christian, Hancock, Logan, Macoupin, Mason, Menard, Montgomery, Morgan, Pike, Sangamon, Schuyler and Scott
District 7
Bureau of Operations
400 West Wabash
Effingham IL 62401
217/342-8261
Clark, Clay, Coles, Crawford, Cumberland, Edwards, Effingham, Fayette, Jasper, Lawrence, Macon, Moultrie, Richland, Shelby, Wabash and Wayne
District 8
Bureau of Operations
1102 EastPort Plaza
Collinsville IL 62234
618/346-3250
Bond, Calhoun, Clinton, Greene, Jersey, Madison, Marion, Monroe, Randolph, St. Clair and Washington
District 9
Bureau of Operations
State Transportation Building
2801 W. Murphysboro
P.O. Box 100
Carbondale IL 62903
618/351-5240
Alexander, Franklin, Gallatin, Hamilton, Hardin, Jackson, Jefferson, Johnson, Massac, Perry, Pope, Pulaski, Saline, Union, White and Williamson
**History**
- *Source: Added at 35 Ill. Reg. 18932, effective November 26, 2011*
#### **Part 544** Financing of Traffic Control Signal Installation, Modernization, Maintenance, and Operation on Streets and Highways Under State Jurisdiction
##### **92 Ill. Adm. Code 544.10** Title {#sec-544.10 omnilex-key=us-il-regs-official--title-92--544.10}
This Part shall be known as Part 544 of the Illinois Department of Transportation Rules (92 Ill. Adm. Code 544) and was formerly known as Departmental Order 13-3.
##### **92 Ill. Adm. Code 544.20** Scope {#sec-544.20 omnilex-key=us-il-regs-official--title-92--544.20}
This Part establishes the basis of financial responsibility for the installation, modernization, maintenance, and energy charges of all traffic control signals installed on State-maintained highways regardless of whether they are part of a joint City-State improvement or involve only the installation of signals. The financial responsibility for school and commercial-industrial signals shall be as prescribed in Departmental Order 13-4 except that the maintenance and energy of school signals at public road intersections will be as outlined in Sections 544.60(b) and 544.60(c).
##### **92 Ill. Adm. Code 544.30** Traffic Signals {#sec-544.30 omnilex-key=us-il-regs-official--title-92--544.30}
a) Signals may be installed only where conditions meet the warrants established in the current State of Illinois Manual on Uniform Traffic Control Devices for Streets and Highways to be codified as 92 Ill. Adm. Code 546 or supplemental Department policy.
b) The Department may regulate signal sequences and control timing of all signals on State highways when it deems it necessary to do so.
##### **92 Ill. Adm. Code 544.40** Definitions {#sec-544.40 omnilex-key=us-il-regs-official--title-92--544.40}
For purposes of this Part:
"Department" means the Department of Transportation, and "State" means the State of Illinois.
"Energy Charges" include the costs of supplying electrical energy for the operation of the signals.
"Installation" includes the costs involved in the preparation of plans and performing construction inspection, as well as the construction costs of installing the traffic signals at an intersection.
"Intersection Approaches" include both legs of one-way streets as if they were carrying two-way traffic.
"Local Agency" refers to county, township, or municipal governments.
"Maintenance" includes costs of routine maintenance on the signals, as well as emergency repairs in the event of malfunction of the controller or physical damage resulting from accidents, severe weather, or vandalism.
"Modernization" includes all engineering costs, as well as the construction costs of altering or modifying an existing signal installation, either to bring it into conformance with the current Illinois Manual on Uniform Traffic Control Devices (92 Ill. Adm. Code 546), to satisfy a need for improvement in the operation of the signals, or to correct an accident problem at an intersection. The modernization may include altering the operation through changes in sequencing and timing or modification of the physical layout of the signals.
"State Highway" refers to any highway, regardless of whether or not it is a marked route, that is maintained by State forces or maintained by others, with total or partial reimbusement by the State.
##### **92 Ill. Adm. Code 544.50** Agreements and Permits {#sec-544.50 omnilex-key=us-il-regs-official--title-92--544.50}
a) Master Agreement
1) As soon after January 1, 1980, as practicable, the District Engineer will initiate negotiations to develop a revised Master Agreement with those municipalities affected by this Part, which Agreement will establish the participation limits for the maintenance costs of each signalized intersection that is operational or under contract on State highways within the municipality. The Master Agreement will include provisions for energy costs and define which agency is to provide the necessary maintenance. The Master Agreement shall be in accordance with the provisions of all applicable law.
2) This Master Agreement will provide for the Department to assume maintenance costs equivalent to the cost described in Section 544.60(b)(1)(B). If, at the time the Master Agreement is executed, this division of costs would result in a municipality paying more for the sum of energy costs and the cost of acceptable maintenance of signals on the State system than it was previously paying, the Department will assume maintenance costs for additional signals to the extent necessary to equate the municipal costs to what it was paying prior to the Master Agreement. The Master Agreement will be executed by the appropriate officials of the municipality, the District, and the Central Bureau of Traffic.
b) Subsequent to the Master Agreement, individual agreements shall be executed between the Department and the local agency for all installations in which both parties are responsible for a portion of the installation, modernization, maintenance, or energy charges. The agreements will delineate the financial responsibilities as established in Section 544.60 of this Part, as well as the requirements of the Department relative to the operation and maintenance of the signals. In preparation of the agreements the specific items set forth in Section 544.60 of this Part shall be included or taken into consideration. Permits will not be required in addition to the agreements.
c) All traffic signal plans prepared by others for installation on State highways must be reviewed and approved by the Department. If the signals are being installed as a part of a joint improvement, the agreement covering the other parts of the improvement may also include the items relating to the signals.
d) A permit issued to the local agency is required for the installation of traffic signals if an agreement is not executed. Permits under this paragraph shall be issued upon receipt by the Department of a resolution from the municipality requesting that a certain signal be installed and only where conditions meet the warrants established in the current State of Illinois Manual on Uniform Traffic Control Devices for Streets and Highways or supplemental Department policy.
##### **92 Ill. Adm. Code 544.60** Implementation {#sec-544.60 omnilex-key=us-il-regs-official--title-92--544.60}
a) Cost of Installation and Modernization
1) An agreement between the Department and the local agencies will be prepared as outlined in Section 544.50 of this Part. In preparing the agreement, the costs to each agency will be determined on the basis of the following considerations.
A) When Federal funds are used on the project, the established percentage of Federal funds will first be deducted from the total and the remaining cost then proportioned to each agency as described in this Section.
B) Any agency involved may voluntarily assume responsibility for another agency's share of the costs in order to expedite the installation or modernization.
C) In no case will the assigned cost to a local agency exceed 50 percent of its allotted Motor Fuel Tax funds for one year.
D) The local agency's portion of the cost may be paid from its Motor Fuel Tax funds over a two-year period.
2) The division of financial responsibility for the installation and modernization of the traffic signals will be as follows:
A) Intersection of Two State Highways. The Department will be responsible for the installation and modernization of the signals.
B) Ramp Terminals. The Department will be responsible for the installation and modernization of signals installed at the terminal of ramps connecting to or from a State highway.
C) Intersection of a State Highway and Other Public Streets or Highways. The Department and the local agencies will share the responsibility for the installation and modernization. The cost to each agency will be in proportion to the number of intersection approaches that it maintains. If existing signals must be relocated because the State highway is widened and no other work is to be done on the signals, the State will assume the entire cost of relocating the signals.
b) Cost of Maintenance
1) The division of financial responsibility for the maintenance of the traffic signals will be as follows:
A) Intersection Lying Wholly Outside the Corporate Limits of any Municipality. The Department will be responsible for the maintenance of the signals.
B) Intersection Lying Wholly or Partially Within the Corporate Limits of One or More Municipalities. The Department will assume the following costs for the maintenance of traffic signals on State Highways within municipalities.
i) The total costs for all signals at the intersections of two or more State highways.
ii) The total costs for all signals at intersections along State highways that have a level of average daily traffic in excess of 35,000 as shown on the latest published edition of the Department's traffic volume map. The District Engineer will determine the limits of this section of highway within the municipality.
iii) The total costs for all signals located at the terminals of ramps connecting to or from a State highway.
iv) At all other intersections the Department and the municipalities will share in the cost of signal maintenance. The cost to the municipalities will be in proportion to the number of approaches that they maintain.
C) Maintenance costs of signals covered by individual agreements executed subsequent to the Master Agreement will be limited to the conditions defined in subsection (b)(1)(B) above, except that either agency may accept the other's share of the maintenance cost of an individual signalized intersection when it is clearly in the best interest of the agency to do so. The District Engineer shall obtain the Engineer of Operations' concurrence in accepting maintenance costs normally the responsibility of the municipality.
D) The total cost of maintaining all other signals in a municipality not included in subsections (b)(1)(B) and (C) will be the responsibility of the municipality.
2) Municipalities will not be required to maintain or share in the cost of maintaining signals at an intersection on a State highway where the municipality's annual Motor Fuel Tax allotment is less than 50 percent of the current installation costs of the signals.
c) Energy Charges
1) The division of financial responsibility for the energy charges will be as follows:
A) Intersection Lying Wholly Outside the Corporate Limits of any Municipality. The Department will pay the energy charges for the operation of the signals.
B) Intersection Lying Wholly Within the Corporate Limits of a Municipality. The municipality and the Department will share the energy charges according to the proportionate number of intersection approaches maintained by each agency.
C) Intersection Lying Partially Within the Corporate Limits of One or More Municipalities. The municipalities will be responsible for the energy charges.
2) Municipalities will not be required to pay or share in the cost of energy charges for signals at an intersection on a State highway where the municipality's annual Motor Fuel Tax allotment is less than 50 percent of the current installation cost of the signals.
d) Standard of Maintenance
1) Every signal must be maintained to at least the minimum level prescribed in the Illinois Manual on Uniform Traffic Control Devices. Exceptionally high traffic volumes, operational problems, or other special conditions may require a higher level of maintenance be established for certain individual signals or State highway segments. When required, the District Engineer may stipulate the higher level of service with the concurrence of the Engineer of Operations.
2) Where a municipality has demonstrated to the satisfaction of the District Engineer that it can provide the established level of maintenance with its own forces or through an ongoing contractual agreement, the District Engineer may authorize maintenance by the municipality.
3) Where the municipality does not wish to provide maintenance or where the District Engineer has determined the agency does not have the capability of providing the required level of service, the Department will maintain the signals.
4) The State reserves the right to take over the maintenance of the traffic signals and to bill the local agency for the cost of such maintenance upon 30 days' notice in writing, if the local agency fails to maintain the traffic signals as specified.
e) Billing
1) The agency providing the maintenance will bill the other agency for its appropriate share of the costs on a schedule determined by mutual agreement. The billing period shall not exceed one year.
2) The billing amount shall be for the maintenance cost incurred, less any third party damage claims received for repair of signals that are the responsibility of the billed party.
3) Any proposed single expenditure in excess of $5,000 for repair of damage to a single installation must be approved by the billed party before the expenditure is made. The Department reserves the right to examine the records of the municipality to determine the costs billed are fully documented.
**History**
- *Source: Amended at 25 Ill. Reg. 11183, effective August 16, 2001*
##### **92 Ill. Adm. Code 544.70** Responsibilities {#sec-544.70 omnilex-key=us-il-regs-official--title-92--544.70}
a) The Bureau of Traffic has primary responsibility for the implementation of this Part.
b) The District Engineer is responsible for the communication of agreements with local agencies under this Part. Further, he is responsible for the installation, modernization, maintenance, etc., for these traffic signals as negotiated under the provisions of the agreements with local agencies.
#### **Part 547** Engine Braking Signs
##### **92 Ill. Adm. Code 547.100** Introduction {#sec-547.100 omnilex-key=us-il-regs-official--title-92--547.100}
a) This Part has been developed, in accordance with Section 12-602.1 of the Illinois Vehicle Code (the Code) [625 ILCS 5/12-602.1], to regulate the use of signs by the Department, municipalities and counties that prohibit excessive engine braking noise along streets and highways under their respective jurisdictions. This Part establishes standards and financial responsibility for the signs.
b) Engine braking signs shall not be installed on freeways or interstate highways under the jurisdiction of the Department, except near weigh stations as prescribed in Section 547.300(c), but may be installed along roads or streets under the jurisdiction of the Department in accordance with Section 11-303(b) of the Code [625 ILCS 5/11-303(b)].
**History**
- *Source: Amended at 34 Ill. Reg. 3036, effective February 19, 2010*
##### **92 Ill. Adm. Code 547.200** Definitions {#sec-547.200 omnilex-key=us-il-regs-official--title-92--547.200}
The following words or phrases, when used in this Part, shall have the meanings ascribed to them in this Section.
"Department" – the Illinois Department of Transportation, with central offices at 2300 South Dirksen Parkway, Springfield, Illinois 62764.
"Engine Braking Sign" or "the sign" – a rectangular sign displaying the words EXCESSIVE ENGINE BRAKING NOISE PROHIBITED. (See Section 12-602.1(b) of the Code.)
"Freeway" – a divided highway for through traffic with full control of access and grade separations at crossroads. When used in this Part, freeways shall include the connecting ramps between freeways and other roads and streets.
"Interstate" – a freeway that is part of the National System of Interstate and Defense Highways and marked with an Interstate Route Number.
##### **92 Ill. Adm. Code 547.300** Criteria for Engine Braking Signs {#sec-547.300 omnilex-key=us-il-regs-official--title-92--547.300}
a) A municipality or county may furnish, install and maintain engine braking signs at each end of the section of road or street under its respective jurisdiction where the prohibition applies and may add such additional engine braking signs along the prohibited section, as necessary, to effect the prohibition.
b) A municipality or county may furnish, install and maintain engine braking signs along roads or streets, other than freeways and interstates, under the jurisdiction of the Department in accordance with Section 11-303(b) of the Code.
c) At the request of a municipality or a county, the Department will furnish, install and maintain the signs on interstate highways near weigh stations that are within ½ mile of residential areas or communities [625 ILCS 5/12-602.1].
**History**
- *Source: Amended at 34 Ill. Reg. 3036, effective February 19, 2010*
##### **92 Ill. Adm. Code 547.400** Sign Design {#sec-547.400 omnilex-key=us-il-regs-official--title-92--547.400}
a) The sign shall be a standard 48" wide x 60" tall on freeways and 30" wide x 36" tall on other streets or roads. It shall contain the words "EXCESSIVE ENGINE BRAKING NOISE PROHIBITED" in black lettering on a retroreflectorized white background and shall carry the Illinois Department of Transportation Sign Standard Number R5-I106.
b) The sign may be supplemented by a panel mounted underneath with the legend "ON VILLAGE (CITY) STREETS, NEXT 2 MILES, 7 PM-8 AM" or similar wording in black lettering on a retroreflectorized white background specifying the extent and/or time limits of the prohibition.
**History**
- *Source: Amended at 34 Ill. Reg. 3036, effective February 19, 2010*
##### **92 Ill. Adm. Code 549.100** Introduction {#sec-549.100 omnilex-key=us-il-regs-official--title-92--549.100}
a) This Part has been developed in accordance with the Roadside Memorial Act [605 ILCS 125] to regulate the use, by the Illinois Department of Transportation, of DUI memorial markers, fatal crash memorial markers and associated commemorative plaques along streets and highways under the jurisdiction of the Department. This Part establishes standards and financial responsibility for a program of placing markers and plaques at locations under the jurisdiction of the Department. The DUI memorial marker program became effective on January 1, 2008. The fatal crash memorial marker program became effective on January 1, 2011.
b) This program does not apply to freeways within the State of Illinois that are under the jurisdiction of the Department.
**History**
- *Source: Amended at 50 Ill. Reg. 5433, effective April 6, 2026*
##### **92 Ill. Adm. Code 549.200** Definitions {#sec-549.200 omnilex-key=us-il-regs-official--title-92--549.200}
The following words or phrases, when used in this Part, shall have the meanings ascribed to them in this Section.
"Act" – the Roadside Memorial Act [605 ILCS 125].
"Department" – the Illinois Department of Transportation, with central offices at 2300 South Dirksen Parkway, Springfield, Illinois 62764.
"DUI Memorial Commemorative Plaque" – a rectangular sign, placed beneath a DUI memorial marker, displaying the name of a victim who died as a proximate result of a crash caused by a driver under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination of these substances, along with the date of the crash.
"DUI Memorial Marker" – a sign on a highway in the state of Illinois commemorating one or more persons who died as a proximate result of a crash caused by a driver under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination of these substances and displaying the words "Don't Drive Under the Influence" on a DUI Memorial Marker erected on or after July 1, 2021 or "Please Don't Drink and Drive" on a DUI Memorial Marker erected before July 1, 2021. (See Sections 10 and 20(a) of the Act)
"Entrance Ramp" – a lane entering the main traveled way of a freeway providing access between the freeway and the crossroad at an interchange.
"Fatal Crash Memorial Commemorative Plaque" – a rectangular sign, placed beneath a fatal crash memorial marker, displaying the name of a victim who died as a proximate result of a crash caused by a driver who committed an act of reckless homicide in violation of Section 9-3 or 9-3.2 of the Criminal Code of 1961 or 2012 [720 ILCS 5/9-3 or 9-3.2] or who otherwise caused the death of one or more persons through the operation of a motor vehicle, along with the date of the crash.
"Fatal Crash Memorial Marker" − a sign on a highway in the State of Illinois commemorating one or more persons who died as a proximate result of a crash caused by a driver who committed an act of reckless homicide in violation of Section 9-3 or 9-3.2 of the Criminal Code of 1961 or 2012 or who otherwise caused the death of one or more persons through the operation of a motor vehicle and displaying the words "Reckless Driving Costs Lives" or "Drive With Care". (See Sections 23.1(b) and 23.1(d) of the Act)
"Freeway" – a divided highway for through traffic, other than one under the jurisdiction of the Illinois State Toll Highway Authority, with full control of access and grade separations at all crossroads.
"Interchange" – a system of interconnecting ramps providing for the movement of traffic between two roadways on different levels.
"Qualified Relative" – an immediate relative of the deceased, by marriage, blood or adoption, such as his or her spouse, son, daughter, mother, father, sister or brother; a stepmother, stepfather, stepbrother or stepsister of the deceased; or a person with whom the deceased was in a domestic partnership or civil union as recognized by a State or local law or ordinance. (Section 10 of the Act)
**History**
- *Source: Amended at 50 Ill. Reg. 5433, effective April 6, 2026*
##### **92 Ill. Adm. Code 549.300** Criteria for DUI Memorial Markers, Fatal Crash Memorial Markers, and Commemorative Plaques {#sec-549.300 omnilex-key=us-il-regs-official--title-92--549.300}
a) Only a qualified relative of a deceased victim may request a DUI or fatal crash memorial marker of the Department. (See Section 15(a) of the Act)
b) The Department shall deny the request if any qualified relative of any decedent involved in the crash objects in writing to the placement of the DUI or fatal crash memorial marker. (See Section 15(c) of the Act)
c) The Department shall deny the request or, if a DUI or fatal crash memorial marker has already been installed, may remove the marker, if the qualified relative requesting the memorial marker has provided false or misleading information in the application. (See Section 15(d) of the Act)
d) The qualified relative shall agree not to place or encourage the placement of flowers, pictures or other items at the crash site. (Section 15(e) of the Act)
e) The Department shall not erect a DUI or fatal crash memorial marker for a deceased driver involved in a fatal crash who is shown by toxicology reports to have been in violation of state DUI law, unless the qualified relative of any other victim or victims killed in the crash consents in writing to the erection of the memorial. (See Section 15(f) of the Act)
f) When requested and approved, DUI memorial markers and fatal crash memorial markers may be installed for any crash occurring on or after January 1, 1990. (See Section 15(b) of the Act)
g) DUI or fatal crash memorial markers shall not be installed on freeways except that they may be installed on ramps leading from other highways to freeways.
h) DUI or fatal crash memorial markers shall not be installed within the median of any divided highway.
**History**
- *Source: Amended at 50 Ill. Reg. 5433, effective April 6, 2026*
##### **92 Ill. Adm. Code 549.400** Design of DUI Memorial Markers, Fatal Crash Memorial Markers, and Commemorative Plaques {#sec-549.400 omnilex-key=us-il-regs-official--title-92--549.400}
a) All DUI memorial markers shall be a standard size of 36 inches wide by 24 inches tall with white lettering on a retroreflectorized blue background. Markers erected on or after July 1, 2021 shall display the message "Don't Drive Under the Influence" and shall bear the Illinois Department of Transportation Sign Standard Number I1-I108c. Markers erected prior to July 1, 2021 shall display the message "Please Don't Drink and Drive" and shall bear the Illinois Department of Transportation Sign Standard Number I1-I108a.
b) The fatal crash memorial marker shall be a standard size of 36 inches wide by 24 inches tall with the message "Reckless Driving Costs Lives" in white lettering on a retroreflectorized blue background and shall bear the Illinois Department of Transportation Sign Standard Number I1-I108b if the death was caused by reckless driving. Otherwise, the fatal crash memorial marker shall be a standard size of 36 inches wide by 18 inches tall with the message "Drive With Care" in white lettering on a retroreflectorized blue background and shall bear the Illinois Department of Transportation Sign Standard Number I1-I108d. (See Section 23.1(d) of the Act)
c) The DUI or fatal crash memorial marker may be supplemented by a commemorative plaque having a standard size of 36 inches wide by 18 inches tall mounted underneath with the message "IN MEMORY OF (Victim's Name)" and the date of the applicable crash in white lettering on a retroreflectorized blue background and shall bear the Illinois Department of Transportation Sign Standard Number I1-I108. (See Sections 20(a) and 23.1(d) of the Act)
**History**
- *Source: Amended at 50 Ill. Reg. 5433, effective April 6, 2026*
##### **92 Ill. Adm. Code 549.500** Application, Fees and Other Regulations {#sec-549.500 omnilex-key=us-il-regs-official--title-92--549.500}
a) Application
1) Qualifying relatives who wish to participate in the program must complete an application form (one for each victim being commemorated) and submit it to the Department. Application forms for the placement of DUI or fatal crash memorial markers and commemorative plaques are available by writing:
Roadside Memorial Coordinator
Illinois Department of Transportation
Bureau of Operations
2300 South Dirksen Parkway
Springfield, Illinois 62764
2) When the Department determines from the initial application that the criteria listed in this Part are met, the application will be approved and a copy returned to the qualifying relative, along with instructions concerning payment of the fee and other appropriate information.
b) Fees
1) Except as provided in subsection (b)(4), a one-time fee sufficient to offset the cost of the program will be charged to the qualifying relative for each DUI or fatal crash memorial marker and commemorative plaque installed by the Department. The fees, as of January 1, 2026, will be $200 for each DUI or fatal crash memorial marker and $75 for each commemorative plaque. A commemorative plaque cannot be installed without a DUI or fatal crash memorial marker.
2) The Department will periodically adjust the fees to reflect the current cost of installing and maintaining the signs with adjustments subject to rulemaking.
3) Once the fee is paid for a DUI or fatal crash memorial marker or a commemorative plaque and the marker or plaque is installed, the Department will maintain the marker or plaque for the entire 4-year period provided in Section 549.500(c)(3) without any additional cost to the qualified relative. (See Sections 20(c) and 23.1(f) of the Act)
4) Subject to appropriation, the Department will use the money in the Roadside Memorial Fund, as prescribed in Section 5-9-1.22 of the Unified Code of Corrections [730 ILCS 5/5-9-1.22] and in Section 20(f) of the Roadside Memorial Act [605 ILCS 125/20(f)], to pay the fees for DUI memorial markers only. When the fees are paid from the fund, no fees will be charged to the qualifying relative.
c) Placing and Maintaining Memorial Markers and Commemorative Plaques
1) The DUI or fatal crash memorial markers and commemorative plaques shall only be placed by the Department.
2) A DUI or fatal crash memorial marker and commemorative plaque shall be maintained by the Department for at least 4 years from the date the last person was memorialized on the plaque or, if no plaque is present, 4 years from the date the marker was erected. (See Sections 20(c) and 23.1(f) of the Act)
3) The Department has the right to install a marker at a location other than the location of the crash or to relocate a marker due to restricted room, property owner complaints, interference with essential traffic control devices, safety concerns, or other restrictions. In such cases, the Department may select an alternate location. (See Sections 20(d) and 23.1(g) of the Act)
4) A DUI or fatal crash memorial marker and commemorative plaque may memorialize more than one victim who died as a result of the same crash. If one or more additional, unrelated DUI or reckless homicide deaths subsequently occur in close proximity to an existing DUI or fatal crash memorial marker, the Department may use the same marker to memorialize the subsequent death or deaths by adding the names of the additional persons. (See Sections 20(b) and 23.1(e) of the Act)
5) The Department shall secure the consent of any municipality before placing a DUI or fatal crash memorial marker within the corporate limits of the municipality. (Sections 20(e) and 23.1(h)) of the Act)
**History**
- *Source: Amended at 50 Ill. Reg. 5433, effective April 6, 2026*
## **Chapter I** Department of Transportation
### **Subchapter f** Highways
#### **Part 549** Roadside Memorials
##### **92 Ill. Adm. Code 549.APPENDIX** A District Offices and Counties (repealed) {#sec-549.appendix omnilex-key=us-il-regs-official--title-92--549.APPENDIX}
**History**
- *Source: Repealed at 35 Ill. Reg. 1081, effective December 29, 2010*
#### **Part 550** Policy on Permits for Access Driveways to State Highways
##### **92 Ill. Adm. Code 550.10** General Instructions for Securing a Permit for Access Driveways to State Highways {#sec-550.10 omnilex-key=us-il-regs-official--title-92--550.10}
a) A permit is required for the construction of any new access driveway or the revision of any existing driveway within the right-of-way along a State highway when the work is to be done by any person or agency other than the Department of Transportation. This permit is generally issued by the appropriate Regional or District Office of the Department of Transportation. In some cases where the curbing along a State highway is maintained by a municipality, permits for driveway work may be issued by that municipality with the State's concurrence. The Regional/District Offices will advise an applicant of the appropriate issuing authority. In all cases where the driveway is to a State highway, final jurisdiction concerning the permit will remain with the Department. Illustration A lists the addresses of the Regional and District Offices and the map indicates the jurisdictional boundaries of those offices.
b) A driveway constructed under a permit must be done by or for the property owner at his expense. Where a commercial driveway requires additions to the highway facility, these must also be done at the owner's expense. Existing driveways may be altered by the Department, at its expense, when reconstruction or changing conditions warrant.
c) Public road or street entrances to a State highway constructed by or for a local governmental agency do not normally require an access permit since they are generally Motor Fuel Tax (MFT) projects which the Department has an opportunity to review and which adequately bond the contractor. Proposed street entrances constructed with other than MFT funds or by a subdivider, however, must be authorized by permit. It is preferable to issue the permit to the local governmental agency, but it can be issued to the subdivision owner. The design of such a facility will need to meet the requirements of the appropriate local agencies and will be reviewed by the Department as a public road or street connection rather than a driveway.
d) The application for a permit, which may be a letter or other form of written request, should include the location and a brief description of the proposed work and the intended use of the driveway and be accompanied by plans, drawings, or a sketch. The application must also include the name, address, and phone number of the applicant and the owner of record of property served by the entrance. Following receipt of the permit request, the Regional/District Office will review the application to determine that the proposed driveway construction, the location of the driveway on the property, and the development of the property being served are in conformance with the provisions of this policy. Plans for commercial driveways may also be reviewed for compliance with regulations pertaining to land usage. A meeting may be required between the applicant and a representative of the Department. When all requirements are met, the permit forms will be prepared for processing.
e) Driveways are classified basically as noncommercial or commercial. A permit for a residential or general noncommercial driveway requires the least amount of time to process. However, the Department receives a large number of such requests, and they must be processed in the order in which they are received. The applicant should therefore not wait until he is ready to start work to apply for a permit. A permit for a commercial driveway requires a longer time period to process, and the request should, accordingly, be submitted as early as possible. A driveway to a high-volume industrial, commercial, or recreational traffic generator may require a formal agreement, which will necessitate additional time for review by the Central Office of the Department.
f) The applicant is cautioned that proper access to his property is a key factor to successful development, whether noncommercial or commercial, and that access arrangements should be resolved prior to any building construction and preferably before any building design.
g) In situations where a driveway or other related work is to be done by the State's contractor, at the owner's expense (normally in conjunction with an improvement along the State highway), where there is to be some financial participation by the State in the work to be done, or where the amount of work to be done on the State highway is extensive, a formal agreement between the applicant and the Department will be necessary. The agreement includes a description of the proposed work and defines the responsibilities of the State and the applicant. This agreement must be executed by the owner of record, the applicant (if other than the owner of record) and the Department. In cases where an agreement is required, the construction within the State right-of-way will be done under State contract. This contract will be let and the construction performed in accordance with normal State contract procedures.
h) Applicants may be required to furnish a bond to insure satisfactory completion and conformance to the permit requirements. Bonds are required for all commercial driveways and may be required for other special cases. The bond will be made a part of the permit and will be in an amount and for the period specified by the Department. In lieu of individual bonds for each permit, a blanket bond, as specified by the Department, will be acceptable.
i) Copies of the formal permit (and bond or agreement where necessary) will be mailed to the applicant for signing. All of these copies must be returned to the appropriate Regional/District Office for execution on behalf of the Department. Approved copies will be returned to the applicant. A copy of the approved permit must be available for inspection on the job site at all times. No work shall be undertaken on State right-of-way until the approved copy has been received by the applicant.
##### **92 Ill. Adm. Code 550.20** Definitions and Objectives {#sec-550.20 omnilex-key=us-il-regs-official--title-92--550.20}
a) Definition of Terms
"Areas" – An area, either incorporated or unincorporated, is defined as Urban where it has been developed primarily for residential and/or business purposes (Illinois Vehicle Code Ill. Rev. Stat. 1981, ch. 95½, par. 1-214.1). The speed limits will generally be 40 miles per hour or less, the street or highway will normally be curbed, and at least 50 percent of the frontage on one side of the highway within one-half mile of the driveway location developed with residences and/or businesses. All locations not included under the Urban definition should be considered as Rural.
"Department" – The Illinois Department of Transportation, usually acting through its Regional or District Engineers (See Illustration I)
Driveway Types
"A Noncommercial Driveway" is one providing access to a single family residence. The term shall also apply to driveways used as access to agricultural land, including field entrances.
"A Commercial Driveway" is one providing access to property being used other than for a single family residence or for agricultural purposes.
"Industrial-Commercial-Recreational-High-Volume Traffic-Generator Driveways" are those which provide access to facilities which generate high-volume traffic, such as shopping centers, industrial parks, athletic fields, etc.
"Flare" – The part of the driveway surface outlined by the edge of the highway, the edge of the nominal width or through part of the driveway, and the curved (normally) outer edge of the driveway.
"Freeway" – A highway or street designated by the Department as a freeway in accordance with Ill. Rev. Stat. 1981, ch. 121, pars. 8-101 et seq., which includes both full and partial control facilities.
"Frontage" – The distance along the highway right-of-way line in front of the owner's property, determined by projecting a perpendicular line from the center line of the roadway to the corner points of the property on the right-of-way line.
"Frontage Road" – A public street or road auxiliary to and normally located alongside and parallel to a highway for purposes of maintaining local road continuity and for control of access.
"Island" – A physical barrier to direct the flow of traffic and to separate highway traffic from the activity on the adjacent property.
"Median" – The portion of a divided highway or divided driveway separating the traveled ways for traffic in opposite directions.
"Permit" – The term "Permit", as used in this policy, shall mean a Highway Permit (Form BT 1045) to allow construction or reconstruction of a driveway in accordance with the provisions thereon, granted by the Department in accordance with this policy. The form may also be used for other permit work, such as backslope grading, etc.
"Right-of-Way Line" – The boundary between the land acquired for or dedicated to highway use and adjacent property.
"Shoulder" – The portion of the highway contiguous with the traveled way for the accommodation of stopped vehicles and for emergency use.
"State Highway" – Any street or highway that is part of the State highway system prescribed in Article 2 of the Illinois Highway Code. Basically, those highways that are maintained by the State or State routes maintained by a City under the terms of a City-State Maintenance Agreement.
"Subdivision" – Land divided or subdivided into two or more parcels or tracts less than five acres.
"Traffic Control Devices" – All signs, signals, markings, and devices that conform to the Illinois Manual on Uniform Traffic Control Devices, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
"Turning Lane" – An auxiliary lane, including tapered areas, primarily for the acceleration or deceleration and storage of vehicles entering or leaving the through traffic lanes.
b) Purpose of Access Driveway Permit Procedures
1) Various sections of the Illinois Highway Code restrict persons from working on State highways, and specifically constructing access driveways, except under the terms of a permit issued by the Department. The intent of the Department in issuing these permits is to provide maximum protection to the public through the orderly control of traffic movements onto and from the highway, to safeguard the traffic carrying capacity of the highway, to protect the public investment in highway facilities, and to assure uniform practices throughout the State in the design and construction of driveways. The standards and procedures in this policy have been developed to aid in accomplishing these goals.
2) The standards recognize the differences between noncommercial and commercial driveways, between rural and urban areas, and between relatively low and high traffic volume facilities. High-volume entrances need to be designed to standards similar to those required for street intersections with corresponding traffic.
3) In reviewing a permit request, consideration will be given to all factors affecting the operation of the driveway and the highway. These factors will include, but not be limited to, the location and geometrics of the driveway, turning lane requirements, capacity of the roadway, driveway drainage, safety and operational efficiency of the driveway as related to the highway, and land use. Driveways should be designed to provide good service to users of the entrance while at the same time minimizing interference to highway traffic.
4) The standards contained in this policy were developed to minimize the frequency and severity of potential conflicts between through vehicles and those entering or leaving driveways. Some of the principles considered were:
A) Reducing the speed differential between through vehicles and those using the driveways;
B) Eliminating encroachment of turning vehicles on adjacent lanes;
C) Prohibiting use of the highway as a portion of the internal circulation system of abutting property;
D) Providing sufficient spacing between driveways to lessen interference with traffic from adjacent driveways;
E) Discouraging parking on streets or backing onto the highway, except where such maneuvers clearly will not constitute a hazard or prove detrimental to the operation of the highway;
F) Preserving or improving the integrity of the highway and drainage facilities.
5) Construction on or adjacent to the highway roadway constitutes a hazard to the motorist. For this reason, not only the design of the driveway but the method and type of construction will be governed by the permit.
6) Bonds are required for various types of permits to assure the construction is done properly and completely and that the integrity of the highway is maintained.
c) Laws Pertaining to Entrances
The statutory provisions pertaining to the adoption and observance of this official policy are contained in Articles 4-209, 4-210, 4-211, 4-212, 8-102, 8-103, and 9-105 of the Illinois Highway Code. These sections are reprinted in Appendix E of this policy.
##### **92 Ill. Adm. Code 550.30** General Requirements {#sec-550.30 omnilex-key=us-il-regs-official--title-92--550.30}
a) Conditions and Limitations of Permits
1) Construction of Driveways.
A) All work performed on a State highway under the terms of a Highway Permit (Form BT 1045) is subject to the conditions on the permit itself and all accompanying plans, drawings, sketches, or other attachments. The Highway Permit form is illustrated in Appendix A. The permittee or his contractor shall have a copy of the permit available at the site during construction.
B) A single permit can be issued both for driveway work and other work at the same location, such as backslope grading, etc., provided the work is all to be done by the same person or contractor.
C) During the period of time the access driveway is being constructed, care must be taken to insure the protection of workmen and traffic. The work should be accomplished in a manner that will minimize interference with normal highway operations. The third condition on the back of the Highway Permit form specifies when the work may be done. All warning signs shall be in compliance with the Illinois Manual on Uniform Traffic Control Devices (to be codified as 92 Ill. Adm. Code 546). That manual also contains a series of traffic control standards, copies of which may be attached to the permit, indicating to the permittee the manner in which he must protect and control traffic during construction operations. Special care must be taken during the construction of driveways and development of the property to avoid tracking mud or other material onto the highway.
2) Maintenance of Driveways. Property owners having access to a State highway are fully responsible for the maintenance of their driveway. This maintenance responsibility includes the removal of snow and ice and keeping the portion of the driveway within the highway right-of-way in a safe condition for the general public. Where the owner of a commercial or industrial property is required to construct turning lanes on the State highway, the Department may in the interest of public convenience provide maintenance and remove snow and ice on the portions of those lanes constituting an integral part of the highway. Once a culvert is properly installed under a permit, it becomes public property in accordance with Article 9-105 of the Illinois Highway Code and will henceforth be maintained by the Department.
3) Future Additional Driveways. In preparing a permit for driveways to a large property that is to be developed commercially or subdivided, it may be necessary to assure that the driveway arrangement will not subsequently be altered, as parcels of the original property may be sold to other owners. To accomplish this, a document, illustrated in Appendix D, may be executed and filed in the county recorder's office. Access to any individual parcels subsequently established will need to be by means of internal circulation, and the integrity of the driveway layout along the State highway will be maintained.
4) Temporary Driveways. Permits may be issued for the construction and operation of driveways for a specific period of time. Such permits will clearly indicate that the driveways are temporary and are to be removed by the holder of the permit at the end of the specified time period. A bond will be required to assure the proper removal of the driveways and restoration of the highway right-of-way.
5) Driveways along Freeways.
A) The designation of an existing highway as a freeway in accordance with Article 8 of the Illinois Highway Code has, in the past, brought about special problems in connection with the issuance of driveway permits subsequent to the date of the freeway order. This is particularly true where the physical conversion of the highway is delayed for some period of time after the designation order.
B) When a permit request is received for a driveway to an existing highway that has been declared a freeway, the Department will take one of the following courses of action.
i) The Regional/District Office may elect to acquire access rights to the property for which the driveway permit has been requested, consistent with the eventual plans for converting the highway to a complete or partial access-controlled facility.
ii) The Regional/District Office may initiate action to have the Freeway Order revised or rescinded in such a manner that the requested driveway is no longer to a designated freeway. This will normally be done when an Interstate or supplemental freeway has been constructed parallel to an existing highway previously designated. A standard driveway permit may then be issued in accordance with the provisions of this policy.
iii) The Regional/District Office may not be in position to acquire access rights or wish to revise the Freeway Order. In that case, a normal permit will be issued even though such driveway may subsequently need to be eliminated (by purchasing the property's access rights) or revised to come onto a frontage road or service drive.
C) At those locations where there is an existing State-maintained frontage road, the same policies relating to location and construction shall govern the issuance of permits for access to the frontage road as outlined for other access to State highways.
D) Where no frontage road has been constructed, no part of a driveway entering a crossroad or street that intersects the freeway at grade shall be closer to the near edge of the through-traffic lane of the freeway than 100 feet for noncommercial driveways or 200 feet for commercial driveways. These minimum distances shall be measured at right angles to the highway pavement.
E) Where access rights have been acquired, driveway permits cannot generally be issued. Under certain circumstances, permits can be granted for new roads or streets that will become dedicated public roads or streets. Requests for revisions in access control after the construction of a freeway has been completed should be submitted to the Bureau of Traffic, together with adequate information to review the request. The information will be forwarded to the Federal Highway Administration for their approval of a change in the Access Control Plan. Permits for such connections will be transmitted by the Bureau of the Traffic to the Director of the Division of Highways for execution.
F) Requests for such connections must meet the following conditions.
i) Permit applications must be presented by and issued in the name of the local public agency that is to be responsible for the maintenance of the facility upon its construction.
ii) Evidence should be presented that the proposed public road will become an integral part of an existing or definitely planned public road system, rather than merely becoming a provision for internal circulation within a particular piece of property.
G) Connections will be subject to the spacing restrictions established for median crossovers, as outlined in Section 3-110.06 of the Department's Design Manual. Where the connection is to a highway with an existing median, it should be at an existing or preplanned opening.
b) Site Requirements
1) To properly review a permit request, the Department must be provided a plan, drawing, or sketch of the property or site that is served by the driveway. This may vary from a simple sketch in the case of a residential driveway to a site plan and a survey plat for a high-volume traffic generating commercial development. The Regional/District Office handling the permit may specify the extent and detail of the information needed.
2) In general, the plans for commercial driveways should provide the following information.
A) Existing Conditions: Width of pavement and right-of-way; storm drainage layout (the layout should be extended outside the site area in order to show the relationship of the proposed work to the existing drainage facilities); existing curb, sidewalk, shoulders, and ditches; location of utility poles, street lights, traffic signals, hydrants, and trees; location of underground mains and cables; right-of-way and property lines.
B) Proposed Work: Geometrics of driveways, street returns, pavement widening and parking layouts; profile of driveway grades; lateral and longitudinal location of proposed mains and sewers; detailed internal site plan showing parking, buildings, and drainage; material specifications, such as size, thickness, diameter, weight, gauge, type, class, etc., of proposed work.
3) In some cases, Department personnel may need to meet with representatives of the developer to discuss the internal development of the property and the relationship of the development to the highway facility, as well as the layout and details of the entrances themselves. Most commercial driveway design elements are directly related to the layout of the parking area, amount of vehicle reservoir space (for drive-in service facilities), type of loading facilities, circulation pattern, and the size and placement of the buildings within the site.
4) Perhaps the single most important factor in developing an access plan for a commercial site is a determination of the potential traffic generation. Driveways serving commercial, industrial, and high density residential developments represent an important element in the efficiency and safety of the street or highway onto which their traffic enters and exits. In order to properly handle traffic from such entrances, the anticipated traffic volumes must be determined and may be required to be submitted to the Department for review, along with the other documents comprising the permit request. The Institute of Traffic Engineer's "Guidelines for Driveway Design and Location" listed in the bibliography contains a section on traffic generation and includes a table of traffic generation rates.
5) With anticipated traffic volumes available, other critical factors may be analyzed, such as the number of entrances, the size of the parking area, the length of storage lanes for traffic entering and leaving the development, and the internal traffic circulation pattern.
6) As a general rule, a ratio of 5.5 parking spaces per 1,000 square feet of gross leasable area is recommended. The parking area of a commercial development must be controlled to reduce interference with traffic using the driveways. A sufficient length of curb must be extended along driveways into larger lots to prohibit interference between vehicles circulating within the lot and those leaving or entering the highway. The length of this section will be determined from the largest storage required for the anticipated vehicular volumes. A center median in the access roadway may be required to preserve this storage length.
7) If a commercial development includes office spaces, the exit facility should be designed to accommodate this addition to the peak hour flow. Internal circulation for subdivisions shall be directed to one or more central common entrances, depending upon the volumes. These entrances shall be designed in accordance with the current requirements for intersection design. Direct access from single lots of a new subdivision to a State highway will not be allowed. The access agreement described in Section 550.30(a)(3) (illustrated in Appendix D) may be used to assure future compliance with this requirement.
8) The location of driveways, particularly commercial ones, is a critical factor in minimizing the hazard and disruption to traffic and pedestrians. Sites must be developed to permit driveways to be well located. The various requirements for proper location are covered in Section 550.50(a).
9) Adequate storage must be provided on commercial sites so that vehicles do not wait on the highway. This problem is most evident with drive-in service developments that generate high volumes and require drivers to remain in their vehicles while being served or until service begins. Such operations must be carefully analyzed to assure the proposal provides for proper storage. The layout of a site used as a car wash, drive-in bank or theater, etc., must provide that all waiting vehicles are off the right-of-way.
10) Adequate storage space is a function of the demand volume, service time per facility, and the number of service facilities available. The geometrics of the internal circulation control a portion of the service time. The service time is dependent upon the time required to maneuver into position and the time necessary to obtain the service. The radii of internal curves should be as large as possible. An approach lane width of 11 to 12 feet and traffic patterns as straight as possible should be provided in advance of each area. The lane widths may be reduced to 8.5 to 9 feet at the point of service. The positioning of the service facilities so that maneuvers to the exit driveway are reduced will maximize the use of storage area.
11) For drive-in theaters, a storage area between the ticket booths and the highway shoulders should be provided for an equivalent of 10 percent of the rated vehicle capacity of the theater. This storage area should be determined on a basis of 150 square feet per vehicle.
12) Studies have indicated the space requirements for storage at drive-in banks should be based on serving an average of 40 vehicles per hour per window. Automatic car washes having a multibay design generally require storage reservoirs of 50 feet or greater in length for each bay. For single-lane drive-through car washes, storage to accommodate a minimum of 12 cars should be provided. These minimum requirements are provided for general guidance only, and specific storage areas must be determined on an individual basis.
13) Applicants for permits to drive-in service developments will be required to furnish the following data, in addition to other necessary information.
A) Traffic flow pattern for the facility and, if included, of the service station operation.
B) The total number of off-street storage spaces for the operation.
C) Information regarding the type of equipment, including the expected hourly output.
D) The number of service operations anticipated during peak periods.
E) The hours and days of operation.
14) The site must be developed in such a manner that there are no encroachments of commercial activities or of the parking lot onto the highway right-of-way. Signs cannot be placed on or overhang the right-of-way.
15) The site of a service station shall be laid out to provide that the minimum distance from the right-of-way line to the near edge of the pump island shall be 13 feet at the closest point. A greater distance is recommended to permit freer movement of large vehicles and to insure they are entirely off the street or highway right-of-way while being serviced, as required by Article 9-113.1 of the Illinois Highway Code.
16) Commercial sites must be laid out to create the minimum amount of hazard to passing traffic. As an example, the position of the screen of a drive-in theater should be such that the picture is not visible from the highway.
17) Junk yards or scrap-processing facilities must be properly screened or fenced before an access permit will be issued for a property with such an operation. Land fill operations and similar activities must be conducted in such a manner as to avoid tracking or spilling material on the highway.
18) Where property is being developed by an owner on both sides of a State highway, consideration must be given to pedestrian crossings. A pedestrian overpass may be necessary if the volume of crossing is such that it impedes the flow of vehicular traffic. Such a facility may be erected at the property owner's expense under the terms of a permit issued by the Department.
c) Local Regulations
1) Permit requests should be reviewed for conformance to existing land use and zoning plans. The local planning and zoning agencies will normally be provided an opportunity to comment on commercial driveway applications. The applicant, however, is responsible for insuring compliance with local building codes, setback requirements, minimum lot sizes, density of building, provision for adequate parking, and other ordinances and regulations. Permits will not be granted for entrances if local planning and zoning agencies indicate that the development does not conform to their land use and zoning plans.
2) Permits issued by the Department cover the construction of driveways on the right-of-way and do not release the applicant from compliance with regulations of local authorities. The requirements of the planning and zoning boards and local ordinances are not altered by the issuance of a permit by the Department, and the applicant is not relieved from obtaining the required local approvals and permits.
d) Bonds
1) To protect the Department against the cost of completing construction or correcting deficiencies, a bond in an amount and for a period specified by the Department shall be executed and become a part of a permit issued for access facilities serving a commercial property. Under certain conditions, a bond may also be required for access facilities to be used for other purposes. Either an individual bond for a specific permit or a blanket bond covering all permits issued to a person or firm throughout the State may be used. The bonds may be obtained from any surety company licensed in Illinois.
2) Form BT 1046, Individual Highway Permit Bond, which is illustrated in Appendix B, will be used for individual bonds. The amount of the bond is dependent upon the amount of work to be done within the highway right-of-way. Such bonds will generally be kept in effect a minimum period of five years. They will be executed in the Regional/District Offices, and those offices will determine the amount and duration of the bond after reviewing the plans.
3) The Blanket Bond for Highway Access Permits form, illustrated in Appendix C, will be used for blanket bonds. They will be in an amount determined by the Department based on the number of permits anticipated to be issued annually to the applicant. The minimum amount will be $10,000, and the maximum will normally not exceed $50,000. They will be kept in effect permanently and the amount raised if the volume of permits issued increases sufficiently above the anticipated number. A rider form will be provided upon request which, when executed, will cancel individual bonds issued previous to the approval of the blanket bond. The issuance of blanket bonds for driveway permits will be handled in the Bureau of Traffic Central Office in Springfield.
e) Agreements
1) In cases where a driveway or other related work is to be done by the State's contractor, at the owner's expense (normally in conjunction with an improvement along the State highway), where there is to be some financial participation by the State in the work to be done, or where the amount of work to be done on the State highway is extensive, a formal agreement between the applicant and the Department will be necessary. The agreements will include the following information.
A) The location description of the work to be done.
B) Who will make the surveys and prepare plans (usually the State at the developer's expense; however, where the property owner wishes to expedite plan preparation, plans and specifications prepared by a consulting engineer and approved by the Department may be considered satisfactory).
C) Who will furnish the construction engineering (usually the State at the developer's expense).
D) How the construction costs will be paid and the amount (usually by the State with reimbursement by the developer in the form of a certified check).
E) Who will maintain the facilities.
F) A clause that no advertising signs or other encroachments will be permitted on the right-of-way.
G) Details pertaining to any dedication or purchase of right-of-way.
2) Major commercial developments often involve a variety of special access requirements, and each agreement must therefore be individually developed and tailored to fit the particular situation. The Regional/District Office will draft the agreement after discussing the details with the developer. The draft, together with appropriate plans and other pertinent information, will be forwarded to the Engineer of Traffic in Springfield. The draft and plans will be reviewed by various Central Bureaus and returned to the Regional/District Office with their comments. The agreement may then be finalized, executed by the developer, and forwarded again to the Engineer of Traffic for execution by the Department. The proposed work may then be scheduled on a Department letting.
3) Construction inspection for contracts let by the Department will normally be accomplished under the control of Regional/District Construction personnel. Costs of construction engineering are the responsibility of the applicant, and this engineering can be done, at the discretion of the Regional/District Engineer, by a consultant who works under the supervision of a Resident Engineer assigned by the Department.
4) Highway permits may be issued by the Regional/District Engineer in cases where there will also be an agreement, in order to provide a record of the driveways constructed under the agreement. However, if all work done within the right-of-way is performed under a contract let by the Department, the normal requirement for a permit may, at the discretion of the Regional/District Engineer, be suspended.
##### **92 Ill. Adm. Code 550.40** Highway Considerations {#sec-550.40 omnilex-key=us-il-regs-official--title-92--550.40}
a) Turning Lanes
1) Turning lanes for either right or left turns into a commercial driveway may be necessary for capacity purposes when there are high roadway and/or turning volumes or for safety when the roadway speeds are moderate or high. The entry movement to a series of driveways serving interconnected or common parking areas tends to be heavily concentrated at the first driveway in the series. Turning lanes may therefore be needed only at the first one or two driveways serving a given approach to a major facility. The final determination concerning the need for such facilities will rest with the Department.
2) Turning lanes consist of a taper and a full width auxiliary lane. The design of the lanes is based primarily on the speed at which drivers will turn into the lane, the speed to which drivers must reduce in order to turn around the driveway radii after traversing the deceleration lane, and the amount of vehicular storage that will be required. Other special considerations are the volume of trucks that will use the turning lane and the steepness of an ascending or descending grade.
3) The cost of providing turning lanes for other than a public road is the responsibility of the property owner. The lanes must be constructed in accordance with State standards and specifications. Where the width of the highway right-of-way is insufficient to permit the construction of a needed turning lane, the property owner shall provide any necessary additional right-of-way to the Department. Right-turning lanes should generally be constructed entirely within the frontage of the property being served, since an adjacent owner might subsequently require an entrance that would otherwise come into the turning lane. On an undivided highway or a divided highway with a median width inadequate for a left-turn lane, the applicant may be required, if a left-turn lane is necessary, to widen the highway in order to provide for the turning lane. Illustration 8 depicts a typical left-turn lane on a two-lane highway. The need for, and location of, turning lanes will affect the location of the entrances, which is covered in further detail in Section 550.50(a)(1). The construction of turning lanes may necessitate a formal agreement (Section 550.30(e)(1)).
b) Median Crossovers
1) Where a divided highway has been constructed with a median, crossovers in the median for new driveways will not be permitted where there are frequent openings for intersections with local streets that form a street network. Left-turn access into the property may therefore need to be by use of entrances to side streets adjacent to the property or a frontage road.
2) The layout of entrances to a large development should be done in such a manner as to take advantage of existing or preplanned median crossovers. In such cases, the construction of left-turn lanes must be considered.
3) Median crossovers along modified access-controlled highways (expressways) must be located in accordance with Section 3-110.06 of the Department's Design Manual. These requirements should also be used for divided nonfreeways insofar as practical.
c) Shoulders
1) The roadway shoulders adjacent to driveways constructed under permit shall be reconstructed to match the shoulders in the immediate area. Where more than one surfaced commercial entrance is being constructed the Regional/District Office issuing the permit may allow or require the shoulder area between the entrances to also be surfaced. In order to establish well-defined traffic flow patterns, curbing may be allowed or required at the edge of the shoulder.
2) The shoulder in the area of the driveway shall not be used as an auxiliary lane. The property owner shall assist in prohibiting the parking or commercial use of the roadway shoulder or right-of-way.
d) Lighting
1) Lighting commercial driveways used extensively after dark may be helpful to assist motorists in easily locating the entrances. Such lighting must be erected on private property unless the driveway permit specifically provides for units to be located on the right-of-way.
2) Lights on commercial premises should not constitute a nuisance to passing motorists. Such lights must not be similar to traffic control devices (i.e., signals or flashing beacons). No flashing, oscillating, or rotating lights visible from any public highway may be placed on any building or structure within 200 feet of the highway (Illinois Highway Code, par. 9-112.2). No signs may have lights that are not effectively shielded so as to prevent light rays from causing glare or impairing the vision of motorists.
3) In the case of some major commercial developments, it may be determined necessary to have the developer place highway or street lighting units to illuminate a part of the highway facility. Provisions for such lighting may be included in the permit and/or agreement. The units must meet standards and specifications approved by the Department.
e) Traffic Controls
1) Short-duration high-volume traffic generated by an industrial or commercial facility (such as a drive-in theater) may require special traffic control at an entrance to a State highway. Either deputized officers (uniformed off-duty policemen or security guards) on the highway or other personnel off the highway may be needed to regulate traffic during such times. Traffic on the highway may be directed only by a deputized officer. He shall not unduly delay traffic on the highway, and frequent breaks in traffic from the industrial or commercial facility shall be made for the benefit of through traffic. Such operation will be under the general supervision of the appropriate police agency, which will take suitable action to protect the rights of through traffic.
2) It may be desirable where short-duration high-volume traffic exists to utilize an appropriate warning sign with an 8-inch amber flashing light mounted above the sign. Such flashing lights may be activated only during the times when the high traffic volumes would be entering or leaving the site. Flashing lights have also been used above warning signs where an industrial area periodically creates smoke or a fog-like condition that constitutes a hazard to traffic. Flashing lights may be installed only when determined necessary by the Regional/District Office. The installation may either be done by the State, at the expense of the property owner, or by a private contractor under the conditions of a permit.
3) Some large traffic generators, such as shopping centers and industrial or institutional parking lots, may for certain hours of the day generate traffic volumes that substantially exceed the minimum hourly volume requirements for the installation of traffic signals. In order to adequately handle these short-duration peak traffic volumes, traffic signals may be installed at locations on State highways satisfying the warrants for commercial-industrial signals prescribed in the Illinois Manual on Uniform Traffic Control Devices to be codified as 92 Ill. Adm. Code 546, subject to the following provisions:
A) Agreements and Permits
i) Agreements – An agreement will normally be required between the Department and a local or private agency only when there is to be some financial participation by the State in some highway improvements to be done in conjunction with the installation of signals or when the State will be maintaining the signals, with reimbursement by the local or private agency.
ii) Permits – When an agreement is not required, a permit may be issued by the Department for the installation and maintenance of commercial-industrial signals. Within the corporate limits of a municipality, the permits are generally issued to the municipality upon a request in the form of a resolution. Outside a municipality, such permits may be issued directly to the private agency.
B) Financial Responsibility
The entire cost for the installation, modernization, maintenance, and energy charges of the signals shall be the responsibility of the local or private agency. Motor Fuel Tax funds may not be used for these items. The agreement or permit shall provide that the Department shall not be held liable for accidents or damages sustained in connection with the operation of the signals. The Department may require the removal of the signals for any sufficient reason upon 30 days' notice in writing. Improper use, lack of enforcement, failure to maintain or defray maintenance costs, failure to modernize the signals when required, or a significant reduction in traffic volumes shall be considered as sufficient reason to require removal. The signals shall be maintained either by the Department with full reimbursement, by the local or private agency, or by a municipality that is capable of proper traffic signal maintenance.
C) Design and Operation
The design and operation of commercial-industrial signals shall conform to the requirements set forth in the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways.
4) If determined necessary by the Regional/District Offices, other traffic control devices, such as regulatory or warning signs, delineators, pavement markings, etc., may be required to be installed at the expense of a commercial developer. All such devices shall be in accordance with the Illinois Manual on Uniform Traffic Control Devices to be codified as 92 Ill. Adm. Code 546.
##### **92 Ill. Adm. Code 550.50** Driveway Design {#sec-550.50 omnilex-key=us-il-regs-official--title-92--550.50}
a) Location
1) A driveway or system of driveways must be located so as to provide:
A) The most favorable vision, grade, and alignment conditions for motorists using the proposed driveway and the highway;
B) No undue interference with the free and safe movement of highway traffic;
C) Maximum safety and convenience for pedestrians and other users of highway rights-of-way.
2) In the interest of public safety and convenience, the Department may restrict the placement of a driveway to a particular location along the owner's frontage. Driveways will not generally be permitted along acceleration or deceleration lanes or lane tapers. Proposed driveways near bridges must be critically reviewed to assure that adequate sight distance is available.
3) Driveways should be located so that sufficient sight distance is available to enable vehicles entering the highways to determine when gaps in the traffic stream are sufficient to permit the following maneuvers. Driveways should be located to enable vehicles entering the highway:
A) Upon turning left or right, to accelerate to the operating speed of the highway without causing approaching vehicles to reduce speed by more than approximately 10 miles per hour; and
B) Upon turning left, to clear the near half of the street without conflicting with vehicles approaching from the left.
4) Normally, only one driveway will be permitted for each residential property and two for an average commercial property. Where the single residential driveway is along a high-speed highway, the property owner is strongly urged to provide facilities on his property to permit cars to turn around and avoid backing onto the highway. Where the need for additional entrances can be substantiated operationally and adequate frontage exists, the Department may grant permission for additional driveways. A minimum distance of at least 440 feet, and preferably 660 feet, will be required between the center lines of entrances into shopping centers and similar developments that generate high traffic volumes. However, service drives into such centers not used by the general public may be closer than 440 feet as long as they will not encroach on turning lanes. This minimum distance does not apply to entrances into service stations where the entrance does not provide easy access to the abutting development. This minimum distance between major entrances is also desirable between such entrances and the nearest public road intersecting the State highway. Circulation between driveways servicing a single property must be accomplished within the property, on a frontage road, or by means of other facilities permitting circulation off the through lanes of the State highway.
5) Various minimum distances must be provided between driveways and property lines, intersecting public roads, and other driveways. Noncommercial, Commercial, and Industrial-Commercial-Recreational Driveways are contained in Sections 550.60, 550.70, and 550.80, respectively.
6) Existing or proposed highway features, such as median openings, turning lanes, intersections, drainage and traffic signals, should be considered in determining the locations of driveways. These items are discussed in Section 550.40.
b) Layout
1) The width, angle, radii of flares, and other geometric features of the driveways and islands should permit vehicles to enter and exit with a minimum of interference to through traffic. Interference caused by an access point can be measured by the delay incurred by motorists in the through lanes who are forced to reduce their speed due to the turning vehicles using the driveway.
2) The widths of driveways will be based primarily on the speeds and volumes of traffic on the highway and the types and volumes of vehicles using the driveway. The effective width will also vary with the angle of the driveway. The driveway width should be restrictive enough to discourage parallel entry into the traffic stream and other maneuvers that would cause visibility restrictions or other conflicts. Driveways of excessive width or with large open areas offer poor protection to pedestrians, as well as promote haphazard parking and circulation. On the other hand, entrances must be wide enough so that no vehicular conflicts occur in the driveway or on the roadway. Commercial driveways that are to provide for two way traffic must be wide enough to accommodate two lanes without conflict. The width of an entrance will be measured at right angles to the center line of the driveway and will be exclusive of the flare. The width will be considered edge to edge of pavement, except where a monolithic curb is used, in which case the width will be face to face of curbs.
3) Multiple driveway openings shall be separated by an island area. Where the island is less than 25 feet long or 10 feet wide, it should be outlined by curbing in a curbed section or by concrete curbs, masonry, or other devices between the edge of shoulder and right-of-way line in an uncurbed section.
4) The radii of the flares for a driveway shall be selected after considering the proposed volumes, the driveway angle, width of the drive, type of land use to be served, whether parking is allowed along the curb, and the volume and character of the through and driveway traffic. The radius provided must be compatible with the speeds acceptable to the drivers and the level of service desired on the through roadway. Radii in angles less than 90 degrees will generally be in the lower part (minimum) of the range given in this policy. Radii in angles over 90 degrees will be toward the upper (maximum) limit. Along a high-speed highway, the flare for traffic leaving the highway may need to be greater than for traffic entering onto the highway.
5) While the outside edge of a flare is generally curved around a radius point, a straight edge may be acceptable. Such triangular flares may be desired where the distance between the edge of the highway and the sidewalk or right-of-way is small and only the minimum radius could be used. Such flares may also be desirable to simplify construction. Flares will increase the surfaced area since they should start at the beginning of the normal curved flare along the highway to the point where the curve would end along the edge of the driveway.
6) The selection of the return radius for a facility with a large percentage of truck traffic will require special consideration of the geometrics. The flare used to connect the driveway to the roadway should normally fall within the right-of-way. However, it may be permitted to go outside the right-of-way if raised curbing extends into the private property. The use of three centered curves or other compound curves and/or islands may be necessary to accommodate proposed truck movements. All flares used at commercial developments in urban areas should be defined with concrete curbs from the curb line to at least the right-of-way, except across sidewalks. Additional curb may be necessary as determined by the Department to provide adequate storage for the anticipated volumes. The layout of driveways to fire stations may be altered from these requirements as necessary to accommodate these special vehicles.
7) The specific requirements pertaining to the layout of Residential, Commercial, and Industrial-Commercial-Recreational Driveways are contained in Sections 550.60, 550.70, and 550.80, respectively.
c) Grades
1) All driveways constructed in rural locations shall have a grade that slopes away from the highway surface at a rate equal to the slope of the shoulder but not less than 3/16 inch nor greater than 1 inch per foot. This slope shall continue for a distance equal to the prevailing shoulder width. Beyond the shoulder, the grade of rural driveways within the right-of-way should not exceed 10 percent for commercial driveways and 12 percent for noncommercial. The slopes of all drives constructed in urban locations shall be compatible with the provisions for drainage of the existing designed cross section but should not exceed 6 and 8 percent, respectively, for commercial and noncommercial driveways. The grades used shall permit facilities that will accommodate the flow of the drainage in the vicinity of the driveway, and should be designed so that future widening would not require reconstruction of the intersection. Such facilities shall be the responsibility of the applicant and are discussed further in subsection (e) of this Section.
2) Where a sidewalk is located close to the curb line and the driveway opening is to be provided across a depressed or cut curb, the sidewalk should be removed and replaced with driveway pavement and be warped to conform to the driveway profile. One or both edges of the sidewalk may be depressed across the driveway, provided the resulting sidewalk cross slope does not exceed ½ inch per foot. In some cases, it may be necessary to discontinue the sidewalk across the driveway and to construct a curb along each driveway edge. However, curbed driveways must meet the necessary requirements established to allow for wheelchairs.
3) Where curbs are cut for the construction of driveways, the entire curb and gutter section must be removed. The removal of only the raised portion of the curb and paving over the broken section will not be allowed. Cut curb ends shall be tapered from full height to ground level in a distance of approximately 2 feet. Where drainage is carried along the curb, the driveway shall be constructed with a short upgrade to prevent runoff from spilling into private property and the flowline of the gutter through the driveway shall be restored.
d) Cross Section and Material
1) Driveways must be surfaced and well maintained to ensure that the original profile is retained, that operational speeds are not reduced by pot holes or rough surfaces, and that no damage to or deterioration of the highway pavement is caused by the condition of the driveway. All driveways shall be surfaced from the roadway edge to the right-of-way line. Unsuitable material must be removed and replaced with the proper base material. The type of material and thickness will be specified in the permit and will depend primarily on the intended use of the driveway, as well as the proposed volume and types of vehicles using the entrance.
2) Noncommercial rural driveways will be required, as a minimum, to be surfaced with a specified thickness of gravel or crushed stone. In some urban areas, a bituminous or concrete surface may be specified for noncommercial drives. Commercial driveways will generally be required to have a bituminous or portland cement concrete surface on an approved base material.
3) The shoulder area between driveways may also be required to be surfaced as outlined in Section 550.40(c).
e) Drainage
1) Driveways must be constructed so that they do not adversely affect the highway drainage of the adjacent property. The drainage and the stability of the highway subgrade must not be impaired by driveway construction or roadside development. In no case may the construction of a driveway cause water to flow across the highway pavement, or to pond on the shoulders or in the ditch, or result in erosion within the right-of-way.
2) Drainage collected by ditches, gutters, or pipes on private property shall not be discharged into the highway drainage system unless expressly approved by the Department. The permittee may be required to submit a drainage study to the Department justifying the drainage system proposed and the pipe or sewer sizes to be used. Natural drainage laws and practices must be observed.
3) Where the construction of a driveway necessitates crossing a highway ditch, a culvert pipe shall be installed in the ditch by the permittee. The low point of the driveway profile shall be at or close to the ditch line. Under no circumstances will existing ditches or gutters be filled without adequate alternate provisions for drainage being made.
4) Culvert pipe shall be of a size adequate to carry the anticipated flow in the ditch as determined by the Department and shall not be smaller than 15 inches inside diameter.
5) The structural material and gauge of the driveway culvert pipe shall be adequate to withstand the loads from the anticipated vehicular traffic across the driveway. The culvert shall meet the requirements of the Illinois Standard Specifications for Road and Bridge Construction. The length of the culvert may be determined as the sum of the width of the driveway (surfaced width and shoulder) at the ditch line and the length needed to accommodate a sideslope of at least 1 vertical to 2 horizontal from the driveway grade to the ditch, with a minimum length of 22 feet regardless of ditch depth. Along sections of highway on which some end treatment of entrance culverts was provided on original construction or by reconstruction, culverts installed under permit shall have the same or similar end treatment as specified by the Department. Permit applicants may install such end treatment on any road section at their option in lieu of equivalent culvert length.
##### **92 Ill. Adm. Code 550.60** Noncommercial Driveway Requirements (illustrations C and D) {#sec-550.60 omnilex-key=us-il-regs-official--title-92--550.60}
a) Width of Drive. All noncommercial driveways shall have a width between the minimum of 12 feet and the maximum of 24 feet. This width shall be measured at right angles to the center line of the driveway. The width may be increased by permissible radii to allow for smooth ingress and egress at the highway connection. Where a driveway is to be used by large farm equipment, a width of 20 feet should be considered. Although such arrangements are discouraged, permits may be issued for common residential entrances to serve adjacent properties. These entrances shall be centered on the property line and shall not exceed the 24-foot maximum width. The permit will be issued jointly to the two owners and must be executed by both owners.
b) Radius of Flare. The flare used to connect the driveway to the roadway shall normally fall entirely within the right-of-way. The radii for noncommercial entrances should be between 10 and 30 feet in rural areas and 5 to 15 feet in urban areas. In cases where the right-of-way is narrow, traffic volumes are large, or speeds are high, radii outside these ranges may be permitted to allow for efficient use of the driveway.
c) Angular Placement. The driveway center line should generally be at a right angle to the pavement edge and follow this angle from the roadway to the right-of-way line or, in rural areas, to a distance of 40 feet from the edge of pavement, whichever is less. If the size and shape of the property are such that the driveway must be at an angle to the pavement, this angle should be parallel to the property line. However, no driveway shall be placed that will have a center line angle measured from the roadway less than 45 degrees in urban locations or less than 60 degrees in rural locations.
d) Location. No part of a driveway, including the flare, should encroach on the frontage of the adjacent property. Where the driveway services a corner property, a minimum distance shall be maintained to the public road intersecting the highway. This distance shall be measured parallel to the edge of pavement or curb of the highway from the edge of the intersecting road to the beginning of the driveway flare. For rural locations, this distance shall be a minimum of 50 feet, and for urban locations, this distance shall be sufficient to allow a 5-foot section of undisturbed curb length. In both rural and urban areas, no part of the driveway, including the flare, may be closer than 5 feet to the extension of the near right-of-way line of the intersecting road.
##### **92 Ill. Adm. Code 550.70** Commercial Driveway Requirements (illustrations E and F) {#sec-550.70 omnilex-key=us-il-regs-official--title-92--550.70}
a) Width of Drive. All commercial driveways shall be limited to a maximum width of 35 feet measured at right angles to the center line of the drive, exclusive of flares. The width may be increased by permissible radii to allow for smooth ingress and egress at the highway connection. The maximum permissible width for rural locations shall be 60 feet measured along a line 6 feet from and parallel to the roadway edge. For urban locations, the maximum width shall be 85 feet measured at the face of the curb.
b) Radius of Flare. The flare used to connect the driveway to the roadway shall normally fall entirely within the right-of-way. It may be permitted to go outside the right-of-way if raised curbing extends into the private property. In rural locations, the radii shall be between 10 and 40 feet, while in urban cases they shall be between 10 and 25 feet. In special cases, after consideration of the right-of-way width, proposed volumes, types of vehicles, speeds on the roadway, and parking regulations, radii outside these ranges may be permitted to allow for the efficient use of the driveway. The geometrics necessary for smooth operation of the driveway may require the use of modified radii flares or three-center curves with or without island.
c) Angular Placement. The center line of a single driveway that services a commercial property should generally be at a right angle to the roadway or parallel to the property line. The angle of the center line with the roadway may be reduced to 60 degrees for two-way driveways or 45 degrees for multiple entrances where the driveways will be used for one-way traffic. Angled driveways may be allowed for high-speed roadways and/or large volume movements.
d) Location.
1) Sufficient distance must be maintained between the property line and the edge of the driveway to allow for the construction of an adequate island between drives should the adjacent property owner desire to build an entrance. In rural locations, this distance shall be measured along a line 6 feet from and parallel to the roadway edge and should be a minimum of 5 feet. In urban situations, a curb length of not less than 3 feet shall be left undisturbed adjacent to each property line.
2) All commercial driveways shall be located to provide a specified minimum distance from the intersecting public roads. This distance shall be measured along a line parallel to but not greater than 5 feet from the pavement edge. For rural locations, the minimum distance between the beginning of the flare and the edge of the intersecting road shall be 50 feet. At urban locations, the beginning of the flare must be at least 5 feet from the extension of the near right-of-way line of the intersecting road. In no case shall the distance between the point at which the edge of the driveway intersects the pavement edge and the line of the through traffic lane extended be greater than 5 feet. Where a separate right-turn lane is provided, no part of the lane taper shall encroach on the highway flare.
e) Islands. Where a commercial establishment is serviced by more than one driveway, an island separator shall be provided and maintained between drives. The back edge of this island measured along the right-of-way line should have a minimum length of 10 feet for rural and 6 feet for urban locations. The island width 6 feet from the edge of the highway must also meet these minimums. Where the island is less than 25 feet long or less than 10 feet in width, its shape shall be defined by the use of concrete curb, masonry, or other devices to restrict the path of vehicles using the driveways.
##### **92 Ill. Adm. Code 550.80** Industrial-Commercial-Recreational High-Volume Traffic Generator Driveway Requirements (illustration G) {#sec-550.80 omnilex-key=us-il-regs-official--title-92--550.80}
a) This category is for industrial or commercial complexes that generate high-volume traffic, such as shopping centers, office buildings, apartment or residential complexes, and also includes recreational facilities, such as racetracks, athletic parks, and drive-in theaters.
b) It is difficult to establish standards for these types of driveways because of the uniqueness of each one and the critical effect each may have on the operation of the highway onto which the driveway is to be constructed. They should meet the standards for public road intersections with corresponding traffic, although each such entrance will need to be individually designed.
c) It is recommended that a preliminary meeting between the developer and the Department be held to discuss entrance location prior to the final arrangement of buildings, internal driveways, and parking facilities within the entire development.
d) The permit request must be accompanied with the final site layout and other information necessary to review the proposed entrances. Traffic and drainage studies may also be needed.
e) The following general requirements will pertain to these types of driveways.
1) Width of Drive. A driveway for these types of developments may have a maximum width of 35 feet when undivided or may consist of two 24-foot drives, one for entering and one for exiting traffic, divided by a median. The entrance to the development shall be designed to avoid backing up traffic on the highway so that traffic waiting to enter into the facility blocks through traffic. The number of lanes exiting from the development and turning in one direction shall not exceed the number of available traffic lanes on the highway in that direction. For example, if the exit is on a two-lane two-way pavement, no more than one lane will be allowed to exit at the same time in each direction.
2) Radius of Flare. The flare used to connect the driveway to the roadway shall normally fall entirely within the right-of-way. It may be permitted to go outside the right-of-way if raised curbing extends into the private property. The radii will generally be between 30 and 50 feet, except that three-center curves, with or without island, may be required. Vehicle turning paths should be used to design the flares to prevent vehicles using the driveway from encroaching outside the right lane of the highway.
3) Angular Placement. The center line of a two-way driveway shall either be at a right angle to the roadway or parallel to the property line. The angle of the center line of the driveway is 60 degrees for a two-way driveway or 45 degrees for multiple entrances where the driveways will be used for one-way traffic.
4) Location.
A) A minimum distance of 10 feet shall be maintained between a property line and any part of the driveway flare. The distance between the beginning of the driveway flare and the near edge of an adjacent roadway intersecting the State highway shall be 100 feet. Where volume projections indicate a need, sufficient distance from adjacent roadways or property lines should be allowed for the construction of a right or left-turn lane.
B) If multiple drives are provided for these facilities, sufficient distance must be allowed between entrances for the construction of turning lanes. This will also result in separating the points of conflict created by such entrances and will encourage internal circulation. A minimum distance of 440 feet between the center lines of adjacent entrances will be required for these purposes.
5) Medians. Where a divided entrance separating entering and exiting traffic is utilized, the median shall be between 4 and 18 feet wide and extend into the property as far as necessary to promote smooth traffic patterns. The median shall begin at the edge of the normal shoulder in an uncurbed section or 4 to 10 feet from the face of the curb in a curbed section.
##### **92 Ill. Adm. Code 550.APPENDIX** A Highway Permit {#sec-550.appendix omnilex-key=us-il-regs-official--title-92--550.APPENDIX}
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
HIGHWAY PERMIT
District Serial No.
WHEREAS, I(We)
,
(Name of Applicant)
(Mailing Address)
,
hereinafter termed the Applicant,
(City)
(State)
request permission and authority to do certain work herein described on the right-of-way of the State highway known as ______________ Route___________, Section___________, from Station ____________ to Station ____________, ______________ County. The work is described in detail on the attached sketch and/or as follows:
It is understood that the work authorized by this permit shall be completed within ____________ after the date this permit is approved, otherwise the permit becomes null and void. This permit is subject to the conditions and restrictions printed on the reverse side of this sheet.
This permit is hereby accepted and its provisions agreed to this _____________ day of ____________19____.
Signed
Applicant
Witness
Mailing Address
Mailing Address
City
State
City
State
SIGN AND RETURN TO: Regional or District Engineer_____________, Illinois
Approved this________ day of________19____.
DEPARTMENT OF TRANSPORTATION
BY:
Regional or District Engineer
BT 1045 (Rev. 9-72)
First: The applicant represents all parties in interest and shall furnish material, do all work, pay all costs, and shall in a reasonable length of time restore the damaged portions of the highway to a condition similar or equal to that existing before the commencement of the described work, including any seeding or sodding neccessary.
Second: The proposed work shall be located and constructed to the satisfaction of the Regional or District Engineer or his duly authorized representative. No revisions or additions shall be made to the proposed work on the right-of-way without the written permission of the Regional or District Engineer.
Third: The applicant shall at all times conduct the work in such a manner as to minimize hazards to vehicular and pedestrian traffic. In performing this work, the applicant shall provide a traffic control plan acceptable to the Regional or District Engineer. All signs, barricades, flagmen etc., required for traffic control shall be furnished by the applicant. The work may be done on any day except Sunday, New Year's Day, Memorial Day, July 4th, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. Work shall be done only during daylight hours.
Fourth: The work performed by the applicant is for the bona fide purpose expressed and not for the purpose of or result in parking or servicing vehicles on the highway right-of-way. Signs that overhang the right-of-way shall be prohibited.
Fifth: The applicant, his successors or assigns, agrees to hold harmless the State of Illinois and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit.
Sixth: The applicant shall not trim, cut, or in any way disturb any trees or shrubbery along said highway without the approval of the Regional or District Engineer or his duly authorized representative.
Seventh: The State reserves the right to make such changes, additions, repairs, and relocations within its statutory limits to the facilities constructed under this permit or their appurtenances on the right-of-way as may at any time be considered necessary to permit the relocation, reconstruction, widening, or maintaining of the highway and/or to provide proper protection to life and property on or adjacent to the State right-of-way. However, in the event this permit is granted to construct, locate, operate, and maintain utility facilities on the State right-of-way, the applicant, upon written request by the Regional or District Engineer, shall perform such alterations or change of location of the facilities, without expense to the State, and should the applicant fail to make satisfactory arrangements to comply with this request within a reasonable time, the State reserves the right to make such alterations or change of location or remove the work, and the applicant agrees to pay for the cost incurred.
Eighth: This permit is effective only insofar as the Department has jurisdiction and does not presume to release the applicant from compliance with the provisions of any existing statutes or local regulations relating to the construction of such work.
Ninth: The construction of access driveways is subject to the regulations listed in the "Policy on Permits for Access Driveways to State Highways" (92 Ill. Adm. Code 550). Utility installations shall be subject to "Policy on Accommodations on Utilities on State Highways" (92 Ill. Adm. Code 580).
Tenth: The applicant(s) affirms that the property lines shown on the attached sheet are true and correct, and binds and obligates himself to perform the operation(s) in accordance with the description and attached sketch and to abide by the policy regulations.
##### **92 Ill. Adm. Code 550.APPENDIX** B Individual Highway Permit Bond {#sec-550.appendix omnilex-key=us-il-regs-official--title-92--550.APPENDIX}
STATE OF ILLINOS
DEPARTMENT OF TRANSPORTATION
INDIVIDUAL HIGHWAY PERMIT BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS, That I(We)
(Name of Applicant)
(Mailing Address)
as Principal, and
(Surety Company
a corporation organized and existing under the laws of the State of __________ and licensed to do business in the State of Illinois, are held firmly bound unto the People of the State of Illinois in the penal sum of___________ Dollars ($_____________) lawful money of the United States well and truly to be paid unto said People of the State of Illinois, for payment of which we bind ourselves, our successors and assigns, jointly, severally, and firmly by these presents.
WHEREAS, Highway Permit No. _________________ issued by the Department of
Transportation of the State of Illinois grants to ______________________________ permission and authority to construct, locate, operate, and maintain the work described in said Permit, upon or adjacent to ________ Route _____________________________ in _____________________ Conty as more fully described in said Permit and Sketch, which by this reference are made a part hereof as if written herein at length, in and by which Permit and Sketch the said Principal has promised and agreed to perform said described operation and related activities in accordance with the terms and conditions of and description in said Permit and Sketch.
NOW, THEREFORE, if the said Principal shall well and truly perform said operation
in accordance with the terms and conditions of and description in said Permit and Sketch to the satisfaction of said Department, and shall perform no other work or construction at said location without first applying for and receiving another permit from said Department, and shall indemnify and save harmless the State of Illinois against all claims for damages that may occur to persons or property, due to accidents or otherwise by reason of the location, operation, or maintenance of the work authorized by the referenced highway permit, including damages to property belonging to the State of Illinois arising out of the performance of said described operation and related activities during a period of five years from the date of approval of this bond by the Department, then this obligation to be void. Otherwise, this bond or so much thereof as may be necessary shall inure to the said Department as cost and expense to change and correct said construction to conform to the terms and conditions of and description in said Permit and Sketch.
IN WITNESS WHEREOF, WE HAVE DULY EXECUTED THE FOREGOING THIS _______
DAY OF ___________19____.
Surety
Principal
Address
Address
City-State
City-State
By
(Seal)
By
(Seal)
Attorney in Fact
Department of Transportation
Agent for Surety
Address
By
District/Region Engineer
City-State
By
BT 1046 (Rev. 11-72)
##### **92 Ill. Adm. Code 550.APPENDIX** C Blanket Bond for Highway Access Permits {#sec-550.appendix omnilex-key=us-il-regs-official--title-92--550.APPENDIX}
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
SPRINGFIELD, ILLINOIS
BLANKET BOND FOR HIGHWAY ACCESS PERMITS
KNOW ALL MEN BY THESE PRESENTS, That I(We)
as Principal and
a corporation organized and existing under the laws of the State of ______________and licensed to do business in the State of Illinois, as Surety, are held and firmly bound unto the People of the State of Illinois in the penal sum of _____________ Dollars ($__________________________), lawful money of the United States, well and truly to be paid until said People of the State of Illinois, for payment of which we bind ourselves, our heirs, administrators, successors and assigns, jointly, severally, and firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that; whereas, the Department of Transportation of the State of Illinois may, from time to time, issue to said Principal the right, permission and authority to construct access driveways and appurtenances thereto from private properties to and on State Highways, as fully described in each Permit and Permit Sketch, which by this reference are each and everyone made a part hereof as if written herein at length, in and by which Permits and Permit Sketches the said Principal has promised and agreed to construct said access driveways and appurtenances thereto in accordance with the terms and conditions of said Permits and Permit Sketches.
NOW, THEREFORE: if the said Principal shall well and truly perform said construction in accordance with the terms and conditions of said Permits and Permit Sketches to the satisfaction of said Department, and shall perform no other work or construction at any of said locations without first applying for and receiving other permits from said Department, then no claim or demand will be made against the above obligation: otherwise, so much of this bond as may be necessary shall inure to the benefit of said Department as cost and expense to change said construction to conform to the terms and conditions of any applicable Permit and Permit Sketch.
IN WITNESS WHEREOF, WE have duly executed the foregoing Obligation this ________day of _______________, A.D. 19____.
(Seal)
Surety
(Seal)
(Principal)
By:
By:
Principal
Attorney in Fact
Approved this _________day of
Countersigned
A.D. 19____
By:
Agent for Surety
STATE OF ILLINOIS
Department of Transportation
Address of Agent
By
Engineer of Traffic
##### **92 Ill. Adm. Code 550.APPENDIX** D Access Agreement {#sec-550.appendix omnilex-key=us-il-regs-official--title-92--550.APPENDIX}
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
ACCESS AGREEMENT
This agreement covers the entire property served by entrance(s) described in Highway Permit, District Serial No. __________. The entrance(s) to be constructed (is) (are) to proved access to the following described property.
The undersigned applicant (whether one or more) represents that he (they) is (are) the sole and only owner(s) of the above described land and does (do) hereby covenant and agree that the above described driveway(s) shall be the sole and only ingress from and egress to the State highway for any or all of the above described land whether same may now or hereafter be subdivided or owned in separate tracts or parcels. Applicants further agree that the Department or its successors or assigns may enforce such covenant by any proceedings deemed desirable at law or in equity in addition to any other rights or privileges the Department has or may have.
This agreement is hereby accepted and its provisions agreed to this day of _____________ 19____
Approved this ___________ day of
, A.D. 19____
Signed
Applicant
STATE OF ILLINOIS
Department of Transportation
Mailing Address
By
Regional or District Engineer
City
State
STATE OF)
)
)
)SS
COUNTY OF)
)
I, ______________________________, a Notary Public in and for said County and State
aforesaid, do hereby certify that
who ______________ personally known to me to be the same person ___________ whose name ________________ subscribed to the foregoing instrument appeared before me this day in person and acknowledged that ______ he ______ signed, sealed and delivered the said instrument as ______________ free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of the rights of homestead.
Given under my hand and notarial seal this ______ day of _______________ A.D. 19____.
Notary Public
(SEAL)
My Commission expires
, 19____.
BT 1363
##### **92 Ill. Adm. Code 550.APPENDIX** E Bibliography {#sec-550.appendix omnilex-key=us-il-regs-official--title-92--550.APPENDIX}
American Association of State Highway Officials, A Policy on Arterial Highways
in Urban Areas, Washington, D.C., 1973.
American Association of State Highway Officials, A Policy on Geometric Design of Rural Highways, Washington, D.C., 1973.
Highway Research Board, Special Report 87, Highway Capacity Manual, Washington, D.C., 1965.
Illinois Department of Transportation, Design Manual.
Illinois Department of Transportation, Manual on Uniform Traffic Control Devices. (92 Ill. Adm. Code 546)
Illinois Department of Transportation, Standard Specifications for Road and Bridge Construction, 1973.
Illinois Highway Code, Chapter 121, Illinois Revised Statutes.
Illinois Vehicle Code, Chapter 95 1/2, Illinois Revised Statutes.
Institute of Traffic Engineers, Guidelines for Driveway Design and Location, Washington, D.C., 1973.
National Cooperative Highway Research Program, Report 93, Guidelines for Medial and Marginal Access Control on Major Roadways, Washington, D.C., 1970.
Illinois Highway Drainage Policy and Practice Manual.
##### **92 Ill. Adm. Code 550.ILLUSTRATION** A District and Region Boundaries with Office Locations {#sec-550.illustration omnilex-key=us-il-regs-official--title-92--550.ILLUSTRATION}
##### **92 Ill. Adm. Code 550.ILLUSTRATION** B Table of Entrance Layout Requirements {#sec-550.illustration omnilex-key=us-il-regs-official--title-92--550.ILLUSTRATION}
NONCOMMERCIAL RURAL
NONCOMMERCIAL URBAN
COMMERCIAL RURAL
COMMERCIAL URBAN
INDUSTRIAL-COMMERCIAL-RECREATIONAL HGH-VOLUME TRAFFIC GENERATORS
WIDTH OF DRIVE
12' Min.
24' Max.
35' Max.
(60' Max. 6' from Edge of Pavement)
35' Max.
(85' Max. at Curb)
2@24'
or 35' Max.
RADII OF FLARE
10' Min.
30' Max.
5' Min.
15' Max.
10' Min.
40' Max.
10' Min.
25' Max.
30 – 50'
or 3 C.C.
ANGLE OF DRIVE
60º - 90º
*45º - 90º
ISLAND AREA
----
10' Min. at ROW
5' Min. Radius
10' Min 6' from Pavement
6' Min. at Edge of Pavement and at ROW
5' Min. Radius
4' – 18" Wide Median
DISTANCE FROM PROPERTY LINE (To any part of driveway or flare)
0' Min.
5' Min.
(6' from Edge of Pavement)
3' Min.
10' Min.
DISTANCE FROM INTERSECTING STREET
**50' Min.
***5' Min.
**50' Min.
----
**100' Min.
5' Min. from beginning of flare to extension of intersecting road ROW
DISTANCE BETWEEN DRIVES
----
10' Min.
(6' from Edge of Pavement and at ROW)
6' Min.
(at Edge of Pavement and at ROW)
440' Min.
660' Desirable
* 45º permitted only for one-way drives; 60º minimum for two-way drives.
** From edge of intersecting road to beginning of driveway flare.
*** Undisturbed length of curb between driveway flare and intersecting street flare.
##### **92 Ill. Adm. Code 550.ILLUSTRATION** C Non-Commercial-Rural {#sec-550.illustration omnilex-key=us-il-regs-official--title-92--550.ILLUSTRATION}
##### **92 Ill. Adm. Code 550.ILLUSTRATION** D Non-Commercial-Urban {#sec-550.illustration omnilex-key=us-il-regs-official--title-92--550.ILLUSTRATION}
##### **92 Ill. Adm. Code 550.ILLUSTRATION** E Commercial-Rural {#sec-550.illustration omnilex-key=us-il-regs-official--title-92--550.ILLUSTRATION}
##### **92 Ill. Adm. Code 550.ILLUSTRATION** F Commercial-Urban {#sec-550.illustration omnilex-key=us-il-regs-official--title-92--550.ILLUSTRATION}
When the island between drives is less than 25 feet long or less than 10 feet wide, it shall be defined by curves, masonry, or other devices.
*45º min. angle permitted only for one-way driveways.
60º min. angle for two-way driveways.
##### **92 Ill. Adm. Code 550.ILLUSTRATION** G Industrial-Commercial-Recreational High Volume Traffic Generator {#sec-550.illustration omnilex-key=us-il-regs-official--title-92--550.ILLUSTRATION}
##### **92 Ill. Adm. Code 550.ILLUSTRATION** H Typical Left-Turn Lane on Two-Lane Highway {#sec-550.illustration omnilex-key=us-il-regs-official--title-92--550.ILLUSTRATION}
Note 1 – Distances shown are based on 50 mph design speed.
Note 2 – Double yellow thermoplastic or painted median diagonals.
12-inch lines with spacing as indicated in Section 3-3.8 of MUTCD.
Note 3 – Increased if necessary for storage requirements.
Note 4 – In rural areas, 500-foot minimum no-passing zone should be marked on approaches.
##### **92 Ill. Adm. Code 550.ILLUSTRATION** I Location of Driveways Along Public Road Intersecting Freeway with Partial Access Control {#sec-550.illustration omnilex-key=us-il-regs-official--title-92--550.ILLUSTRATION}
#### **Part 554** Oversize and Overweight Permit Movements on State Highways
##### **92 Ill. Adm. Code 554.101** Legal Authority {#sec-554.101 omnilex-key=us-il-regs-official--title-92--554.101}
The Illinois Department of Transportation (Department) is authorized by the Illinois Vehicle Code (Code) [625 ILCS 5/Ch. 15] to issue special permits. These special permits allow the operation of vehicles or loads that exceed the legal maximum dimensions and weights. The permits are valid only for those highways under Department jurisdiction. This Part supersedes all policies previously established and published by the Department pertaining to oversize and overweight permit movements.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.102** Partial Invalidity {#sec-554.102 omnilex-key=us-il-regs-official--title-92--554.102}
The provisions of this Part are severable, and if any of the provisions are held to be unlawful by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.103** Scope {#sec-554.103 omnilex-key=us-il-regs-official--title-92--554.103}
a) All applications for permits are given full consideration. Permits for proposed moves may be issued
1) when the highways and bridges will not be unduly damaged; and
2) when the safety of the traveling public will be adequately protected.
b) A permit may also be issued when substantial benefits will be realized by a large segment of the public and potential damage and safety problems can be resolved.
c) This Part is the official detailed policy written to provide a uniform system for issuing oversize and overweight permits. This Part is authorized by the Code and, in addition to the statutes, governs the issuance of special permits. All of the terms, conditions, and informational requirements contained in this Part constitute the Department's official policies for this permit program.
d) Questions regarding permits or permit policies should be directed to the Illinois Department of Transportation, Bureau of Operations, Permit Office, 2300 South Dirksen Parkway, Springfield, Illinois 62764 (217/785-1477 or 217/782-6271) or by email at: dot.permitoffice@illinois.gov.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.104** When a Permit Is Required {#sec-554.104 omnilex-key=us-il-regs-official--title-92--554.104}
A permit is required from the Department when a vehicle or load that exceeds legal sizes and weights is to be moved upon or across a highway for which the State has jurisdiction. Form OPER 753 illustrates legal size and weight maximums. For exemptions, see Sections 554.503 and 554.603.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.105** To Whom Permits Are Issued {#sec-554.105 omnilex-key=us-il-regs-official--title-92--554.105}
Permits are issued to a person, firm or corporation that owns and operates the transporting vehicle or that operates the transporting vehicle under a bona fide lease agreement (including any permittee "Doing Business As", for example, Sam Collins D/B/A Sam's Transport, and Barite LLC D/B/A Bubbles Transportation).
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.106** A Permit Is a Legal Document {#sec-554.106 omnilex-key=us-il-regs-official--title-92--554.106}
a) A permit is a legal document authorizing the permittee to move an oversize vehicle or load upon or across State highways. It is issued as a result of an agreement between the permittee and the Department. The agreement is based upon the information contained in the application, upon the permittee being legally competent, upon the conditions and restrictions stated in the permit (which includes the provisions contained in Form OPER 993), and upon the applicable provisions of this Part and the Code.
b) Acceptance of the permit by the permittee will be deemed prima facie evidence of an unequivocal allegation by the permittee that:
1) The permittee is in compliance with all operational requirements;
2) All dimension and weight limitations specified in the permit will not be exceeded;
3) All operation, registration, and license requirements have been met;
4) All financial responsibility obligations and other legal requirements have been met; and
5) The permittee assumes all responsibility for injury to persons or damage to public or private property, including his or her own, or to the object being transported, caused directly or indirectly by the transportation of vehicles and objects authorized under the transportation of vehicles and objects authorized under the permit. The permittee agrees to hold the State of Illinois harmless from all suits, claims, damages, or proceedings of any kind and to indemnify the State of Illinois for any claim it may be required to pay arising from the movement.
c) Undertaking the move is deemed prima facie evidence of acceptance of the permit.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.107** Penalties {#sec-554.107 omnilex-key=us-il-regs-official--title-92--554.107}
Penalties for violating a permit are listed in Sections 15-112, 15-113, 15-113.1, 15-113.2, 15-113.3, 15-301 and Chapter 16 of the Code.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.108** Insurance {#sec-554.108 omnilex-key=us-il-regs-official--title-92--554.108}
Proof of financial responsibility does not need to be on file with the Permit Office as a prerequisite to obtain a routine permit.
a) Owners and/or operators of escort vehicles or vehicles with oversize loads exceeding 10 feet in width, 13 feet 6 inches in height, 110 feet in length, or overweight must have in effect or be self-insured in the minimum amount of $500,000 per occurrence combined bodily injury and property damage. Additional coverage may be required consistent with regulations of the United States Department of Transportation, Federal Motor Carrier Safety Administration, and the Illinois Commerce Commission. For instance, a move made "for hire" will have to meet the insurance requirements established by the Illinois Commerce Commission.
b) Owners and/or operators of vehicles with exceptionally large or heavy loads that require closing a highway, traveling at a slow speed on structures, or other maneuvers unexpected by the other motorists, may be required to have higher insurance limits, based upon an estimate of potential damages. The potential damages will be calculated by preparing an engineer's estimate of the repaving of the highway or repairing, replacing or strengthening structures, utilizing current Department contract costs. When insurance is required, proof of coverage must be on file with the Permit Office.
c) In the event Department facilities are damaged directly or indirectly due to the transportation of vehicles or objects authorized under the permit, the Department shall be reimbursed based upon the repair cost rather than depreciated value.
d) The limits of insurance coverage prescribed under this Section do not relieve the permittee of the requirements of Section 554.106.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.109** For-Hire Moves (repealed) {#sec-554.109 omnilex-key=us-il-regs-official--title-92--554.109}
**History**
- *Source: Repealed at 32 Ill. Reg. 18030, effective November 7, 2008*
##### **92 Ill. Adm. Code 554.110** Illinois Motor Vehicle Laws {#sec-554.110 omnilex-key=us-il-regs-official--title-92--554.110}
a) Information concerning licensing of vehicles, financial responsibility requirements, and drivers' licenses may be obtained from the Office of the Secretary of State, Centennial Building, Springfield, Illinois 62756 (217/785-1800, Extension 0) or at www.cyberdriveillinois.com.
b) Information concerning motor fuel tax permits may be obtained from the Department of Revenue, Excise Tax Section, Springfield, Illinois 62708 (217/785-1397) or at www.revenue.state.il.us.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.111** General Idt Registration Information {#sec-554.111 omnilex-key=us-il-regs-official--title-92--554.111}
The IDT registration and classification system authorized by Section 15-319 of the Code is a voluntary registration designed:
a) to identify vehicles making overweight moves,
b) to provide flexibility by the use of similar vehicles when making these moves, and
c) to facilitate highway and structure analyses, which in turn expedite the issuance of permits.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.112** Idt Registration {#sec-554.112 omnilex-key=us-il-regs-official--title-92--554.112}
a) Applicants for special permits may apply for IDT registration and for a decal (label) that will identify a specific vehicle and its classification (forms are available from the Permit Office). Maximum dimensions on permit moves using a Class A tractor, a Class A semitrailer, or a Class B semitrailer are 14 feet 6 inches wide, 145 feet long and 15 feet high.
b) IDT classifications are as follows:
1) Class A Truck Tractor (when moving with a permit).
A 3-axle vehicle with a 2-axle drive tandem capable of drawing a gross weight of up to 120,000 pounds; maximum of 20,000 pounds on steering axle and 48,000 pounds on tandem.
2) Class A Semitrailer (when moving with a permit).
A 3-axle tandem semitrailer that, together with a truck tractor, will support and move a gross weight of 120,000 pounds; maximum of 60,000 pounds on tandem.
3) Class B Semitrailer (when moving with a permit).
A 2-axle tandem semitrailer that, together with a truck tractor, will support and move a gross weight of 100,000 pounds; maximum of 48,000 pounds on tandem.
4) Class M Mobile Crane or Well Drilling Vehicles (when moving with a permit).
A 4-axle vehicle; 76,000 pounds gross weight; maximums of 34,000 pounds on one tandem and 44,000 pounds on the other; wheelbase 23 feet or more; not more than 12 feet wide; not over 60 feet long; not more than 15 feet high.
5) Class N Mobile Crane or Well Drilling Vehicles (when moving with a permit).
3-axle vehicle; 68,000 pounds gross weight; 20,000 pounds on steering axle and 48,000 pounds on tandem; wheelbase 18 feet or more; no more than 12 feet wide; not over 60 feet long; not more than 15 feet high.
c) Conditions under which classification and registration may be obtained and used:
1) IDT decals are valid for up to two years and cost $5.00 each. Checks should be made payable to "Treasurer, State of Illinois."
2) To be valid, the proper decal must be affixed to the left side of the vehicle in a conspicuous place.
3) When vehicles are classified and decals issued, vehicles may be identified both in applications for permits and in permits by classification only, provided the proposed move does not exceed the classification limits of the vehicle or of any vehicle within the combination.
4) Vehicles identified only by classification may be used in combinations other than truck tractor semitrailers, providing axle spacings are furnished.
**History**
- *Source: Amended at 32 Ill. Reg. 18030, effective November 7, 2008*
##### **92 Ill. Adm. Code 554.201** Permits for Single Trip Movements {#sec-554.201 omnilex-key=us-il-regs-official--title-92--554.201}
a) Permits for single trip movements are issued for one-way movement. These permits are valid for 5 working days.
b) Unless stated otherwise on the permit, the following provisions apply to all permits granted under Subpart B of this Part:
1) permit movements may be made only from one half hour before sunrise to one half hour after sunset on weekdays and from one half hour before sunrise to noon on Saturday unless subsection (b)(5) or (b)(6) of this Section applies;
2) permit movements are prohibited on Sunday unless subsection (b)(5) or (b)(6) of this Section applies;
3) permit movements are prohibited on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day;
4) permit movements will not be allowed later than noon on the day preceding a holiday or a holiday weekend;
5) categorical permit moves (see Sections 554.504, 554.507, 554.508 and 554.604 for limitations pertaining to categorical moves) that are overweight only shall be allowed to move with no time restrictions; and
6) permit movements up to 12 feet wide, and/or up to 13 feet 6 inches high, and/or up to 115 feet in length that do not exceed practical maximum weights (see Section 554.604) may be made 7 days a week between ½ hour before sunrise and ½ hour after sunset, excluding the holidays specified in subsection (b)(3).
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.202** Permits for Round Trips {#sec-554.202 omnilex-key=us-il-regs-official--title-92--554.202}
a) Permits for round trip moves may be issued provided:
1) the same or "like" object is to be moved in both directions,
2) the same vehicle is to be utilized, except that another vehicle bearing the same IDT Registration Class A or B may be substituted for the return trip, and
3) the same route is to be traveled in the reverse direction.
b) A description must be furnished to the Permit Office that includes two of the following three: make, model number, serial number of the equipment being transported.
c) A single trip permit will not be revised to include "round trip" after the permit has been issued. Round trip permits are subject to the restrictions contained in Section 554.201 except such permits are valid for a period of 10 working days and one round trip move.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.203** Permits for Repeated Moves of Like Objects {#sec-554.203 omnilex-key=us-il-regs-official--title-92--554.203}
a) Permits for repeated moves of like objects that are monolithically structured and for permanent use in their transported form may be issued provided the objects are to be moved from the same origin to the same destination, the number of trips will not be less than five, and all trips will be completed within 30 days. These permits, which are issued at a reduced fee of $4 off per permit after the first regularly charged permit, are subject to the restrictions contained in Section 554.201.
b) Some items that may be transported under these permits include massive precast concrete beams; cast, rolled, or extruded iron or other metal beams, girders, or fittings; and laminated timber beams.
c) Items that may not be included are fabricated, framed, or assembled objects; building sections; trusses; built-up girders or columns; machines; and vehicles, including house trailers or boats.
d) Applications must contain a statement that a permit for Repeated Moves of Like Objects is requested.
e) Consideration will be given to requests for a series of like objects varying in size and weight. However, the permits will be written for the largest of the objects. (For example: A series of concrete beams all the same design varying slightly in length and weight. All permits will be written for the largest size beam.)
f) Permits for repeated moves of like objects are not intended for and will not be issued for the movement of basic material items that are to be fabricated or otherwise built up to form component parts for manufactured items (i.e., sheet steel plates), or when such objects can be transported within legal size and weight limits.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.204** Permits for Limited Continuous Operation {#sec-554.204 omnilex-key=us-il-regs-official--title-92--554.204}
Permits for limited continuous operation are available for a period of three months or one year, except as otherwise indicated on the permit. Movement on limited continuous operation permits is valid on the system of State highways under the jurisdiction of the Department. The permittee shall move only on State routes approved for loads that do not exceed practical maximum weights (see Section 554.604). Prior to each move, the permittee must research construction zones, posted structures, approved overweight routes, etc., from the following resources: http://www.dot.il.gov/tpublic.html#truckers, that lists information such as legal weights, ton structures and restrictions; www.gettingaroundillinois.com, that is an online designated truck route and overweight truck route interactive map; and the "Illinois Overweight and Overheight Permit Routes" map that is a hard copy map mailed to the permittee upon request. Information and maps available on the above-mentioned websites take precedence over the hard copy map mailed to the permittee with the permit. All movements must be made in strict compliance with this Part and Form OPER 993. The permit must be carried in the vehicle and must be available for inspection by police or Department officials. The permit may not be transferred, extended or altered. The permitted vehicle may not exceed the posted weight limit on any bridge. Following is a list of available limited continuous operation permits:
a) Limited continuous operation permits may be issued for the movement of oversize legal weight construction equipment or vehicles, provided:
1) The movement will consist of a specific vehicle, a piece of construction equipment, or a "like" load. The vehicle or load may be moved on a specific vehicle, under its own power, or on a tractor/semitrailer vehicle combination. A "like" load must be the same as the load described in the permit. In order to minimize trips and conserve fuel, a permittee may haul, along with the designated object or "like" load, an additional legal size object, provided it is loaded within the legal width, height, and length dimensions and the axle and gross weights are legal;
2) The vehicle or combination of vehicles is properly licensed if plates are required;
3) The overall dimensions do not exceed 12 feet in width, 14 feet 6 inches in height, and 115 feet in length; and
4) A permit may be obtained to move an oversize empty vehicle that is normally used to haul oversize and/or overweight permit loads. Such permits are needed when returning empty after having delivered an oversize or overweight piece of equipment. In order to minimize trips and conserve fuel, the permittee may, instead of returning empty, haul a legal size object with this permit, provided the axle and gross weights are legal and the object is loaded to conform to the legal width, height, and length limits.
b) Limited continuous operation permits for the movement of manufactured homes or modular sections or oversize storage buildings may be issued, provided:
1) The overall dimensions do not exceed 16 feet in width, 15 feet in height, and 115 feet in length (NOTE: One civilian escort is required for loads that exceed 14 feet 6 inches in width or 14 feet 6 inches in height or 110 feet in length.); and
2) The permittee is a dealer licensed by the Secretary of State of Illinois or by another state to do business as a manufactured home dealer; a hauler having an Illinois Commerce Commission permit; a hauler having an Interstate Commerce Commission permit; a manufactured home manufacturer; or a federal, State, or local governmental agency.
c) Limited continuous operation permits may be issued for the movement of stackable manufactured home frames provided:
1) The overall dimensions do not exceed 16 feet in width, 13 feet 6 inches in height, and 115 feet in length (NOTE: One civilian escort is required for loads that exceed 14 feet 6 inches in width or 110 feet in length.);
2) The permittee is a dealer licensed by the Illinois Secretary of State, or another state, to do business as a manufactured home dealer; a hauler having an Illinois Commerce Commission permit; a hauler having an Interstate Commerce Commission permit; a manufactured home manufacturer; or a federal, State, or local government agency; and
3) The bottom frame is equipped with operational brakes and lights.
d) Limited continuous operation permits may be issued for highway construction, transportation, utility, and maintenance equipment owned and operated by a local governmental authority for a period of one year.
e) Limited continuous operation permits may be issued for trusses, provided the overall dimensions do not exceed 14 feet in width, 13 feet 6 inches in height, and 115 feet in length. (NOTE: One civilian escort is required for loads that exceed 110 feet in length.)
f) Limited continuous operation permits may be issued for homogenous oversize items of any nature provided the overall dimensions do not exceed 12 feet in width, 14 feet 6 inches in height, and (nonstackable loads) 15 feet in length. (NOTE: One civilian escort is required for loads that exceed 110 feet in length.)
g) Limited continuous operation permits may be issued for overweight loads, provided:
1) Weights are within the practical maximums (see Section 554.604); and
2) The overall dimensions do not exceed 12 feet in width, 13 feet 6 inches in height, and 115 feet in length. (NOTE: One civilian escort is required for loads that exceed 110 feet in length.)
h) Limited continuous operation permits may be issued for the movement of oversize/overweight vehicles and combinations from disablement sites, provided:
1) No single axle within a tandem exceeds 26,000 pounds;
2) No 2-axle tandem exceeds 50,000 pounds;
3) No 3-axle tandem exceeds 60,000 pounds;
4) The overall dimensions do not exceed 10 feet in width, 13 feet 6 inches in height, and 115 feet in length (NOTE: One civilian escort is required for loads that exceed 110 feet in length.); and
5) The movement is from the site of disablement to a point where the repairs actually occur.
i) Limited continuous operation permits may be issued for the movement of oversize/overweight vehicles and combinations to derailment sites, provided:
1) Weights are within the practical maximums (see Section 554.604); and
2) The overall dimensions do not exceed 12 feet in width, 13 feet 6 inches in height, and 110 feet in length.
j) Limited continuous operation permits may be issued for the movement of raw milk transporters, provided:
1) The gross weight does not exceed 80,000 pounds and single axles do not exceed 20,000 pounds;
2) Weight on tires does not exceed manufacturer's rating; and
3) The permittee does not travel on Interstate Highways.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.205** Permits for Repeated Moves Directly Across a Highway {#sec-554.205 omnilex-key=us-il-regs-official--title-92--554.205}
The distinguishing features of this type of permit are:
a) The moves will be repetitive;
b) The moves will be made directly across a State-maintained highway;
c) The moves will be made in the course of industrial, construction, research, or testing activity;
d) The vehicles to be moved or utilized or the objects to be transported need not be dismantled or disassembled; and
e) Permits will be issued for a period not to exceed 6 months.
##### **92 Ill. Adm. Code 554.206** Permits for the Movement of Overweight 2-, 3-, 4- or 5-Axle Truck and/or Truck/Tractor Loaded with Sweet Corn, Soybeans, Corn, Wheat, Milo, or Other Small Grains and Ensilage {#sec-554.206 omnilex-key=us-il-regs-official--title-92--554.206}
These permits may be issued for a period not to exceed 40 days, provided:
a) The movement will not exceed 50 miles.
b) The axle and/or tandem weights of these loads will not exceed 35% above the legal limitations for 2-axle trucks; 20% for 3- and 4-axle trucks; and 10% for 5-axle trucks. (See Section 15-301(e) of the Code.)
c) The truck must be licensed for the proper gross weight being hauled.
d) The total gross weight does not exceed practical maximum weights (see Section 554.604).
e) The permittee does not travel on Interstate Highways.
f) The moves are made between ½ hour before sunrise and ½ hour after sunset.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.207** Permits for the Movement of Construction Equipment Within a Construction Zone {#sec-554.207 omnilex-key=us-il-regs-official--title-92--554.207}
a) Permits for the movement of construction equipment within the limits of a construction zone may be issued by the District Engineer. The need for such permits may arise in areas where construction work is being performed while traffic is being maintained.
b) The permits are issued only to contractors engaged in highway construction contracts awarded by the Department. Permits for the movement of equipment within a construction zone will not be issued for private construction projects.
**History**
- *Source: Amended at 11 Ill. Reg. 3248, effective February 3, 1987*
##### **92 Ill. Adm. Code 554.208** Supplemental Permits {#sec-554.208 omnilex-key=us-il-regs-official--title-92--554.208}
Supplemental permits may be issued by the Permit Office to extend, revise, or correct permits that are still valid. Documents authorizing corrections, extensions, and revisions must accompany the original permit and be presented upon request to any police officer or authorized employee of the Department.
**History**
- *Source: Amended at 11 Ill. Reg. 3248, effective February 3, 1987*
##### **92 Ill. Adm. Code 554.209** Scope: Duty of Permittee to Read Permit Upon Receipt {#sec-554.209 omnilex-key=us-il-regs-official--title-92--554.209}
Permits are issued in conformance with data contained in an application. Errors in the application, in the permit, or in the transmission of a permit must be corrected before the move. The permittee must check the permit upon receipt or before starting a move. If, upon checking a permit, the permittee finds: that the permit does not cover the move; that it is incorrect; or that it is otherwise in error, the permittee must contact the Permit Office for a revision.
**History**
- *Source: Amended at 28 Ill. Reg. 15654, effective November 19, 2004*
##### **92 Ill. Adm. Code 554.210** Extension of Permits {#sec-554.210 omnilex-key=us-il-regs-official--title-92--554.210}
a) Single Trip Permits, Round Trip Permits, and Permits for Repeated Moves of Like Objects will be extended for a period of 5 working days, provided the Department is notified not later than the expiration of the original permit and good cause is shown.
b) Extensions will be granted upon good cause with an effective date sometime after the expiration date of the original permit if the Permit Office is notified prior to the expiration date and the time between the expiration and the effective date of the extension does not exceed 30 days.
c) Second extensions will not be issued.
d) The Permit Office will not issue extensions for limited continuous operation permits.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.211** Revision of Permits {#sec-554.211 omnilex-key=us-il-regs-official--title-92--554.211}
A permit shall not be altered or revised except by the Permit Office.
a) The Permit Office may issue revisions to permits:
1) to correct errors attributed to the issuing office;
2) at the request of the permittee before the move has been started:
A) to alter routes or destinations;
B) to correct or increase sizes or weights;
C) to substitute a vehicle used to transport a load;
D) to adjust weights as outlined in Section 554.608; or
3) due to emergency or exceptional conditions beyond the control of or outside the normal scope of knowledge of the permittee.
b) It is the responsibility of the permittee to ensure accuracy of the application. Only one revision per permit will be issued.
c) Consistent with the provisions of this Section, revisions will not be issued:
1) For Permits for Repeated Moves of Like Objects because applications for such moves have been given considerable advance planning;
2) To change the name of the permittee;
3) To change the origin or first route of the move except when entering from the same State line;
4) To alter the description of the load, including the make, model number and/or serial number;
5) To revise a permit that has been violated;
6) To add to scale designation (weigh station) within route; or
7) To change the type of permit.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.212** Fraudulent Permit {#sec-554.212 omnilex-key=us-il-regs-official--title-92--554.212}
A permit shall be deemed fraudulent if it is used in a manner or altered to facilitate use in a manner contrary to the Code, contrary to this Part, contrary to the terms and conditions of the permit as issued, or to otherwise conduct an unpermitted move. A fraudulent permit is void and any move under that permit is considered an unpermitted move. An unpermitted move under a fraudulent permit would include, but would not be limited to:
a) Operation of multiple movements under provision of a single trip permit.
b) Movement of a load not as described on the presented permit.
c) Movement with an issued permit that, without authorization from the Department's Permit Office, has had the original specifications or restrictions altered.
d) Movement when the axle spacing of the hauling unit does not conform to those indicated on the permit application.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.301** Transmission Media {#sec-554.301 omnilex-key=us-il-regs-official--title-92--554.301}
a) For expedited service, the Department recommends the use of the Internet (www.illinoistruckpermits.com); however, permits may be applied for and issued by any of the following means:
1) By Internet or telephone – routine permits as shown in Sections 554.504, 554.507, 554.508, and 554.604, Single Trip Movement permits, Round Trip Movement permits, Repeated Moves of Like Objects permits;
2) By Internet or fax – superload permits, most limited continuous operation permits;
3) By mail or in person – all permits.
b) Most permits may be applied for via Internet 24 hours a day, 7 days a week. However, permits are only processed during the normal working hours of the Permit Office, with a few exceptions (see Section 554.303). All costs of transmission are borne by the permittee.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.302** Original Transmission Only Is Valid as Permit (repealed) {#sec-554.302 omnilex-key=us-il-regs-official--title-92--554.302}
**History**
- *Source: Repealed at 21 Ill. Reg. 2682, effective February 10, 1997*
##### **92 Ill. Adm. Code 554.303** When Permits Are Issued {#sec-554.303 omnilex-key=us-il-regs-official--title-92--554.303}
Most routine permits are issued only during regular working hours, 7:00 a.m. to 4:30 p.m., Monday through Friday, excluding holidays. Superload permits are issued from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding holidays. Permits applied for via Internet for loads that are up to 12 feet in width, 115 feet in length, 13 feet 6 inches in height and of legal weight are generally issued 24 hours a day, 7 days a week.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.304** Permit Office (repealed) {#sec-554.304 omnilex-key=us-il-regs-official--title-92--554.304}
**History**
- *Source: Repealed at 28 Ill. Reg. 15654, effective November 19, 2004*
##### **92 Ill. Adm. Code 554.305** District Offices {#sec-554.305 omnilex-key=us-il-regs-official--title-92--554.305}
All District Offices may issue construction equipment permits for moves within a highway construction section consistent with Section 554.207. They may also authorize movement of excessive size and weight loads under emergency conditions. The addresses of all offices are listed at www.dot.il.gov/idotmap.html.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.306** Method of Application {#sec-554.306 omnilex-key=us-il-regs-official--title-92--554.306}
Most applications may be submitted in person or by mail at: Illinois Department of Transportation, Permit Office, Room 117, 2300 South Dirksen Parkway, Springfield, Illinois 62764, or on the Internet at www.illinoistruckpermits.com. Routine permit applications may also be made by telephoning 217/785-1477, Extension 1, outside of Illinois, or 800/252-8636, Extension 1, within Illinois. In compliance with the Code, the Department has installed an automatic device for recording applications received and permits issued by telephone. When applying for a permit by telephone, the Department and the applicant waive all objections to the recording of the conversation. Superload permit applications may be faxed to 217/782-3572 and limited continuous operation permits may be faxed to 217/782-3573. The following conditions apply to applications for various types of permits.
a) Permits for single trip and round trip.
1) Application for routine permits may be applied for on the Internet, by telephone, by mail, or by walk-in by submitting Form OPER 1928 for routine permits as shown in Sections 554.504, 554.507, 554.508, and 554.604.
2) Superload permits may be applied for on the Internet, by fax, by mail, or by walk-in and shall be submitted on Form OPER 2270.
b) Permits for repeated moves of like objects (minimum of five applications).
1) Applications must all be submitted at one time to the Permit Office.
2) The permittee may telephone the Permit Office to activate permits that were applied for without an effective date.
c) Limited continuous operation permits may be applied for on the Internet, by fax, or in writing.
d) Permits for the repeated moves directly across a highway or for the movement of an overweight 2-, 3-, 4- or 5-axle truck loaded with sweet corn, soybeans, corn, wheat, milo or other small grains and ensilage may be applied for by fax at 217/782-3573 or in writing on current Department Form OPER 1163 or Form OPER 757, respectively. (See Section 15-301(e) of the Code.)
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.307** Forms to Assist in the Preparation of a Permit Application {#sec-554.307 omnilex-key=us-il-regs-official--title-92--554.307}
Much of the data required on an application is specified by law. Forms are available for use as a worksheet to assist in preparing permit applications (routine permits need Form OPER 1928 and superload permits need Form OPER 2270). These forms may be obtained through the Department's Internet address http://www.dot.il.gov/tpublic.html#truckers or by contacting the Permit Office at 217/782-6271.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.308** Responsibilities of the Department in Analysis of Applications {#sec-554.308 omnilex-key=us-il-regs-official--title-92--554.308}
Statutes and case law require the Department to analyze each application. The analysis must ensure that the application contains the data required by law, that the move can be safely made, that the highway system will not be irreparably damaged, and that the traveling public will not be unduly inconvenienced.
##### **92 Ill. Adm. Code 554.309** Preliminary Application for Estimating Purposes for Proposed Moves {#sec-554.309 omnilex-key=us-il-regs-official--title-92--554.309}
Frequently, company or individual decisions depend upon the availability of special permits. An applicant may submit an application for a proposed move following normal procedures but indicate that the due date of the move is unknown. The proposed move will be analyzed and the applicant informed of the feasibility of movement as of the day the route is checked. There is no charge for checking the feasibility of a move; however, if any engineering inspections or investigations are required, fees (see Section 554.910) will incur. If the move is feasible, the applicant may then submit the permit fee and the proposed date of movement. If the proposed move is not feasible, the applicant will only be billed for any engineering inspections or investigations as described in Section 554.910. Additionally, estimated superload permit fees may also be obtained at www.illinoistruckpermits.com.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.310** Procedure Following Arrest for Violation {#sec-554.310 omnilex-key=us-il-regs-official--title-92--554.310}
a) Following an arrest for violation of a permit, if the load can be shifted to comply with the provisions of the permit, the driver or owner may make the shift and then proceed. If the load cannot be shifted or otherwise adjusted to comply with the permit, a new permit must be secured following the same procedures as for an original permit.
b) If the permit designates and includes a routing to a certified scale that was requested on the original application as outlined in Section 554.607, the permittee, while enroute to the designated scale, shall be deemed in compliance with the weight provisions of the permit provided the axle or gross weights do not exceed any of the permitted limits by more than 2000 pounds on a single axle, 3000 pounds on a tandem axle, and 5000 pounds on the gross weight. Before leaving the designated scale area, the permittee must either:
1) shift the load to comply with the permitted weights,
2) obtain a revision from the Permit Office if the final weights exceed the permit limits but are within the tolerances, or
3) obtain a new permit if the weight tolerances are exceeded.
c) Once a permit is violated for weights above tolerance limits, a revision will not be issued even though weights can be adjusted to be within tolerance limits.
d) The fact that a new permit may be issued to continue the move carries no assumption of intent, error, mistake, or mitigating circumstances concerning the limitations, conditions, or provisions contained in the original permit that may affect its status subsequent to arrest.
e) In the event that a permit load is found moving before the effective date or after the expiration date of the permit, the officer shall proceed with violations of 625 ILCS 5/15-111 as no valid permit exists.
**History**
- *Source: Amended at 28 Ill. Reg. 15654, effective November 19, 2004*
##### **92 Ill. Adm. Code 554.311** Subsequent Permits Following a Violation {#sec-554.311 omnilex-key=us-il-regs-official--title-92--554.311}
The permit to continue a move following a violation will be withheld until:
a) The Permit Office has received clearance from the police agency making the arrest that the load may proceed.
b) All fees or fee adjustments have been paid or charged to the appropriate account.
c) Following a conviction for a third offense within a one year period, the Department shall not issue permits to the person, firm, or corporation for a period of one year after the date of the conviction for such third offense [625 ILCS 5/15-301(j)].
**History**
- *Source: Amended at 21 Ill. Reg. 2682, effective February 10, 1997*
##### **92 Ill. Adm. Code 554.312** Permits for Moves Over Toll Highways {#sec-554.312 omnilex-key=us-il-regs-official--title-92--554.312}
a) Permits for oversize and overweight movements over the Illinois Toll Highway System are not issued by the Department but are required when legal dimensions or weights are exceeded. The maximum dimensions allowed on most toll roads, due to physical limitations, is 12 feet in width and 14 feet 6 inches in height.
b) Both oversize and overweight permits may be obtained from the Illinois State Toll Highway Authority, Downers Grove, Illinois 60515 (630/241-6800, extension 3822 or 3847). Some oversize and overweight permits may also be purchased at a Toll Plaza. A permit is required from the Department's Permit Office for movement on State highways leading to and from the toll road prior to purchase of a toll road permit.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.313** Permits for Moves Over Local Roads {#sec-554.313 omnilex-key=us-il-regs-official--title-92--554.313}
a) Permit applications for movement upon local streets or highways should be submitted to the local authorities having maintenance jurisdiction over the street or roadway. Section 15-301 of the Code authorizes local authorities to issue permits under the same conditions as the Department. Within the City of Chicago, it is necessary to obtain permits from both the State (the Department) and City of Chicago for travel on State highways other than the expressways.
b) The Department has no authority to issue permits for moves over streets or highways not under its control or jurisdiction. A permit issued by the Department specifically states in the general provisions that it is void on any highway other than a State maintained highway. The issuance of a permit under this Part does not excuse the permittee from complying with other existing laws that may apply to the movement.
c) The Department will not knowingly terminate a move over a State highway at a local street or highway that may cause damage to the local facility. If a problem is anticipated, proof will be required from the applicant that permission from the local highway official has been obtained.
d) The permit is not valid on any highway or bridge posted for a load limit less than the gross weight of the move, on any highway closed to traffic, and on any highway not maintained by the Department. The right to use highways other than those specified in the permit is neither implied nor granted for non-State-jurisdiction routes. The applicant must obtain permission from the proper local authority to use local streets or highways, or from the Illinois State Toll Highway Authority if traveling over the Tollway.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.314** Moves Upon Structures Located on a Local Street or Highway Spanning an Interstate or Controlled Access Highway {#sec-554.314 omnilex-key=us-il-regs-official--title-92--554.314}
a) Although structures over an Interstate highway, separating a local highway and the multilane highway, may have been built jointly by the Federal Government, State, County, or local municipality, maintenance jurisdiction of the roadway over such structures remains with the local authority.
b) When oversize or overweight moves are required over these structures, permits must be obtained from the local authority having maintenance jurisdiction over the highway. Should the ability of a structure to carry an overweight load be unknown, the Department will assist the local authority by analyzing the structure and reporting the findings.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.315** Definition of Violation of Permit {#sec-554.315 omnilex-key=us-il-regs-official--title-92--554.315}
a) When operating under authority of an oversize/overweight permit issued by the Department, the following list includes but is not limited to offenses that shall be considered a violation of permit but will not render the entire permit null and void:
1) Incorrect license number or state;
2) Incorrect make, model number, description and/or serial number;
3) Incorrect number of axles;
4) Gross, tandem or single axle weights that are in excess of those permitted. In this case, the violator may be fined for the excess weight in addition to the violation of permit;
5) Incorrect width, length, and/or height of the permit load;
6) Failure to comply with the general and specific provisions and notes listed on the permit. EXCEPTION: Failure to comply with the general and specific provisions and notes pertaining to minimum axle spacing, as described on the permit application and accompanying permit, will be considered a load operating without a permit, and the permit will be deemed fraudulent in accordance with Section 554.212(d).
b) This list is not comprehensive, but reflects the most prevalent instances of violation of permit. Under a violation of permit, the permittee must either bring the permit load into conformance with the conditions of the permit or purchase a new permit before continuing.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.401** Conditions and Restrictions {#sec-554.401 omnilex-key=us-il-regs-official--title-92--554.401}
The Permit Office is authorized to set conditions and restrictions on the movement of an oversize or overweight vehicle or load. These, in addition to applicable portions of this policy, govern the permit movement.
##### **92 Ill. Adm. Code 554.402** Short Form Permits {#sec-554.402 omnilex-key=us-il-regs-official--title-92--554.402}
a) Permits issued in writing or by fax have been shortened to reduce the cost of the messages. Applicable conditions and restrictions are indicated by code number and letter and are contained in Form OPER 993. A copy of Form OPER 993 must accompany the permit or the permittee is subject to arrest in accordance with Section 15-301(j) of the Code.
b) Self issued routine permits issued by telephone shall be written in ink or typed by the applicant or permittee on Form OPER 1928. The applicant or permittee must complete the applicable portions of this form as directed by the Permit Office prior to starting the move. The record of the permit as maintained by the Permit Office shall be presumed correct in any questions or dispute. Form OPER 993 contains general provisions that apply to these permits. The Permit Office may require that a copy of the form completed by the applicant or permittee for any permit issued by telephone be submitted to the Permit Office to verify that the information has been correctly recorded. It is anticipated this will only be done on forms the Department has reason to believe have been inaccurately completed or if the company is suspected of abusing the self issue permit system. If a company has abused the system by, for example, attempting to use the same permit for more than one move or knowingly completing the form inaccurately, the company will not be allowed to obtain permits by telephone.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.403** Form Oper 993 {#sec-554.403 omnilex-key=us-il-regs-official--title-92--554.403}
a) Form OPER 993 contains provisions, restrictions and conditions that may apply to an oversize or overweight move. These forms are available from the Permit Office, online at www.illinoistruckpermits.com, at State Police District Headquarters, weigh stations, and some truck stops, and must accompany all short form written permits. A form may be capsulated or placed in a plastic binding for use with subsequent permits.
b) The conditions and restrictions will be referred to as "provisions" in the permit. In case of conflict, the order of priority shall be
1) conditions stated in permit,
2) special provisions (referred to by code letter "C" and number) then
3) general provisions (referred to by code letters "A" or "B").
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.404** When Flagmen Are Required (repealed) {#sec-554.404 omnilex-key=us-il-regs-official--title-92--554.404}
**History**
- *Source: Repealed at 20 Ill. Reg. 2565, effective January 25, 1996*
##### **92 Ill. Adm. Code 554.405** Qualifications for Flagmen (repealed) {#sec-554.405 omnilex-key=us-il-regs-official--title-92--554.405}
**History**
- *Source: Repealed at 20 Ill. Reg. 2565, effective January 25, 1996*
##### **92 Ill. Adm. Code 554.406** Duty of Flagman (repealed) {#sec-554.406 omnilex-key=us-il-regs-official--title-92--554.406}
**History**
- *Source: Repealed at 20 Ill. Reg. 2565, effective January 25, 1996*
##### **92 Ill. Adm. Code 554.407** When Escort Vehicles Are Required {#sec-554.407 omnilex-key=us-il-regs-official--title-92--554.407}
a) One civilian escort vehicle is required:
1) For all moves that exceed 14 feet 6 inches in width;
2) For all moves that exceed 110 feet in length;
3) For all moves that exceed 14 feet 6 inches in height;
4) For any move either across, upon, or along a highway when additional warning is required to alert the traveling public. For instance, if a movement is required to travel during darkness or on a weekend to respond to an emergency situation, a civilian escort will be required.
b) Two civilian escort vehicles are required:
1) For all moves that exceed 18 feet in height;
2) For all moves that exceed both 14 feet 6 inches in width and 14 feet 6 inches in height;
3) For all moves that exceed both 14 feet 6 inches in height and 110 feet in length;
4) For all moves that exceed both 14 feet 6 inches in width and 110 feet in length.
c) Three civilian escorts are required:
1) For all moves that exceed 16 feet in width;
2) For all moves that exceed 145 feet in length;
3) For all towed special haul rigs more than 150 feet in length.
d) Illinois State Police Escorts
1) Illinois State Police escorts are required:
A) For moves greater than 18 feet in width;
B) For moves of greater than 200 feet in length;
C) For moves over 18 feet in height;
D) For overweight moves where bridge restrictions require that all traffic be kept off of a structure while the permitted vehicle crosses;
E) For any move of an unusual nature where additional traffic control is necessary to alert the motoring public to the permit movement.
F) When deemed necessary by the Department's Bridge Office's analysis.
2) Moves requiring Illinois State Police escorts will normally be made partially or entirely outside a municipality. The permittee must make all arrangements with State Police Headquarters by calling 217/782-6527 at least 24 hours prior to the move. The Permit Office may determine a State Police escort is not necessary in some instances including but not limited to the following:
A) on moves made within a municipality if local police are utilized as specified in Section 554.407(d);
B) on movements where the object will only cross a State highway and minimal disruption of traffic is anticipated; or
C) on moves over 18 feet high if a field investigation reveals there are not any overhead obstructions.
e) Local police escorts may be required in lieu of State Police escorts when the move is made entirely within the limits of a city or county. It is the responsibility of the permittee to make all arrangements with the local police when the permit specifies such an escort as a condition of the permit.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.408** Requirements for Civilian Escorts {#sec-554.408 omnilex-key=us-il-regs-official--title-92--554.408}
The requirements for civilian escort vehicles and drivers are as follows:
a) A civilian escort vehicle may be a passenger car, or a second division vehicle not exceeding a gross vehicle weight of 8,000 pounds that is designed to afford clear and unobstructed vision both front and rear.
b) All escort vehicle operators shall be 18 years of age or over and properly licensed to operate the vehicle.
c) The vehicle must be equipped with rotating or flashing amber lights mounted on top that are of sufficient intensity, when illuminated, to be visible at 500 feet in normal sunlight.
d) When operating on a two-lane highway, the escort vehicle shall travel ahead of the load and the rotating or flashing lights and an "OVERSIZE LOAD" sign shall be displayed on the escort vehicle and be visible from the front. When operating on a mulitlane divided highway, the escort vehicle shall trail the load and the signs and lights shall be visible from the rear. If two escort vehicles are required, one escort will travel ahead of the load and the second escort will trail the load.
e) Escort vehicles shall travel approximately 300 feet in front of the load on two-lane highways and the same distance to the rear on multilane highways in rural areas. However, the required escort vehicle with a height pole for overheight movements must travel in front of the load. When traveling within the corporate limits of a city or town, the escort vehicle shall maintain a reasonable and proper distance consistent with existing traffic conditions.
f) A separate escort shall be provided for each load hauled under permit. Movements in convoys are prohibited unless a State Police escort vehicle is also required, then the Permit Office may authorize convoy movement for multiple loads.
g) The operator of the escort vehicle shall obey all traffic laws.
h) The escorting vehicle shall be in safe operational condition.
i) The driver of the escort vehicle must be in radio contact with the driver of the permit vehicle.
j) Owners and/or operators of escort vehicles must have in effect or be self-insured in the minimum amount of $500,000 per occurrence combined bodily injury and property damage.
k) A pole for measuring vertical clearances shall be mounted on escort vehicles leading loads in excess of 14 feet 6 inches in height. The escort driver shall alert the driver of the permit vehicle to any overhead obstructions that will not clear the load.
**History**
- *Source: Amended at 12 Ill. Reg. 13232, effective July 29, 1988*
##### **92 Ill. Adm. Code 554.409** Manufactured Homes {#sec-554.409 omnilex-key=us-il-regs-official--title-92--554.409}
Following are the minimum size vehicles that may be used to tow manufactured homes:
a) 8 feet wide – passenger car.
b) Over 8 feet up to 10 feet wide, 70 feet overall length – ¾ ton truck.
c) Over 10 feet up to 12 feet wide, 115 feet overall length – 1 ton truck with dual wheels.
d) Over 12 feet wide up to 115 feet overall length - 2 ton truck with dual wheels.
**History**
- *Source: Amended at 23 Ill. Reg. 706, effective December 30, 1998*
##### **92 Ill. Adm. Code 554.410** Overdimension {#sec-554.410 omnilex-key=us-il-regs-official--title-92--554.410}
The minimum size vehicle that may tow a load 10 feet wide or more is a ¾-ton truck or equivalent.
##### **92 Ill. Adm. Code 554.411** Overweight Moves {#sec-554.411 omnilex-key=us-il-regs-official--title-92--554.411}
a) The minimum combination of vehicles authorized to transport an object for which an overweight permit will be issued shall consist of a standard tandem axle truck tractor drawing a tandem axle semitrailer. The Department shall consider issuing a permit for an overweight single or tandem axle on a combination of vehicles with less than five axles, providing the gross weight is legal, if the excess weight is caused by equipment which is permanently affixed to a framework or semitrailer with a single or tandem axle.
b) No overweight permits will be issued for a two-axle truck tractor drawing a three-axle semitrailer. No permit may be issued for overweight whenever the load could be carried with legal weights on a vehicle of increased length or number of axles.
**History**
- *Source: Amended at 11 Ill. Reg. 3248, effective February 3, 1987*
##### **92 Ill. Adm. Code 554.412** Axle Suspension for Legal Weight Moves {#sec-554.412 omnilex-key=us-il-regs-official--title-92--554.412}
There are no minimum axle suspension requirements for legal weight permit moves since a suspension system is not included in the legal definition of a tandem axle. However, all axle and axle group weights must remain within the legal limits as shown in Table 1 of Form OPER 753.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.413** Axle Suspension for Overweight Moves {#sec-554.413 omnilex-key=us-il-regs-official--title-92--554.413}
a) Truck-tractor drive tandem:
The suspension system on the drive tandem must be designed to distribute a relatively equal amount of weight to each axle at various loadings. A maximum differential of 2000 pounds between the heaviest and lightest axle is allowed for axles that exceed 20,000 pounds. (See Section 15-111 of the Code.)
b) Semitrailers with three or more axles:
The suspension system must be designed to distribute a relatively equal amount of weight to each axle at various loadings. A maximum differential of 3000 pounds between the heaviest and lightest axles in a group is allowed.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.414** Buildings {#sec-554.414 omnilex-key=us-il-regs-official--title-92--554.414}
a) Buildings may be mounted on house moving dollies equipped with pneumatic tires and towed by a truck or truck tractor when moved up to 10 miles or they may be loaded on a truck, semitrailer or trailer. When moved on house moving dollies, the dollies and tires shall be in good condition and a sufficient number shall be used to carry the weight of the building. The truck or truck tractor also shall be in good condition and have the capacity and power to control the movement of the building.
b) Permits will not be issued to allow the movement of buildings along or across the highways when mounted on skids because of possible damage to roadway surfaces.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.415** Farm Tractors Prohibited as Towing Vehicle {#sec-554.415 omnilex-key=us-il-regs-official--title-92--554.415}
Section 11-1418 of The Illinois Rules of the Road prohibits the use of farm tractors in towing oversize and overweight permit loads.
**History**
- *Source: Amended at 11 Ill. Reg. 3248, effective February 3, 1987*
##### **92 Ill. Adm. Code 554.416** Double-Bottom Units {#sec-554.416 omnilex-key=us-il-regs-official--title-92--554.416}
Legal weight double-bottom units 60 feet in length may operate on any Illinois highway. These combinations are allowed longer lengths on Interstate highways and other routes designated by the Department. The legal length requirements are outlined on Form OPER 753. A map of the designated routes is available from the Permit Office. Permits will not be issued for the operation of empty or loaded double-bottom units exceeding these limitations.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.417** Flags {#sec-554.417 omnilex-key=us-il-regs-official--title-92--554.417}
All flags shall be clean bright red flags with no advertising, wording, emblem, or insignia inscribed upon them and at least 18 inches square. They shall be displayed so as to wave freely on all four corners of a house trailer and at the extremities of other overwidth objects, and at the extreme ends of all protrusions, projections, or overhangs.
**History**
- *Source: Amended at 11 Ill. Reg. 3248, effective February 3, 1987*
##### **92 Ill. Adm. Code 554.418** Rotating or Flashing Amber Lights {#sec-554.418 omnilex-key=us-il-regs-official--title-92--554.418}
a) Rotating or flashing amber lights mounted on top of the vehicle, and on the rear of the load, if necessary, shall be in operation during the movement of all oversize and/or overweight permit loads and shall have sufficient intensity, when illuminated, to be visible at 500 feet in normal sunlight. The lights may augment but not supersede flagmen or escorts. The rotating or flashing amber lights must be clearly visible to traffic approaching from the front and the rear of the transport vehicles for at least 500 feet. If the load on the vehicle blocks the visibility of the amber lighting from the rear of the vehicle, the vehicle must also be equipped with rotating or flashing amber lights on the rear of the load. Emergency moves at night, if authorized, shall also display rotating or flashing amber lights. (See 625 ILCS 5/12-215(b)(5).)
b) Vehicles transporting objects over 80 feet in length shall be equipped with two rotating or flashing amber lights: one over the cab of the vehicle; the other within 10 feet of the rear of the object, mounted as high as practical over it.
**History**
- *Source: Amended at 28 Ill. Reg. 15654, effective November 19, 2004*
##### **92 Ill. Adm. Code 554.419** Oversize Load Signs {#sec-554.419 omnilex-key=us-il-regs-official--title-92--554.419}
The "OVERSIZE LOAD" sign should have approximately 12-inch black letters with a 2-inch stroke on a yellow sign that is approximately 7 feet wide by 18 inches high. The minimum letter size is a height of 10 inches with a stroke of 1.41 inches. The signs are mandatory on escort vehicles and on the front and rear of vehicles and loads over 10 feet wide, 14 feet 6 inches high, or 75 feet long. When an escort vehicle is traveling ahead of the permit load, the sign shall be visibly displayed toward the front, and when the escort vehicle is trailing, the sign shall be displayed toward the rear. The sign on an escort vehicle may be reduced to include 8-inch-high letters on a panel that is 5 feet wide by 12 inches high.
**History**
- *Source: Amended at 11 Ill. Reg. 3248, effective February 3, 1987*
##### **92 Ill. Adm. Code 554.420** General Speed Limits for Permit Movements {#sec-554.420 omnilex-key=us-il-regs-official--title-92--554.420}
a) Unless otherwise stated in the permit, the maximum speed for vehicles being operated in rural areas under permit authority is 5 miles per hour under the maximum posted speed limit. Legal weight, legal height movements up to 10 feet in width are allowed to travel at the legal maximum speed limit.
b) The speed limit stated in the permit is one of the conditions upon which the permit has been issued, and it takes precedence over any maximum speed limit that may be posted on any highway. Violation of the speed limit contained in the permit will render the driver subject to arrest.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.421** Moves in Convoys Prohibited {#sec-554.421 omnilex-key=us-il-regs-official--title-92--554.421}
Vehicles traveling under permit authority may not travel in convoys unless authorized by the Permit Office (eg. when the movements are accompanied by a police escort).
**History**
- *Source: Amended at 11 Ill. Reg. 3248, effective February 3, 1987*
##### **92 Ill. Adm. Code 554.422** When Moves May Be Made {#sec-554.422 omnilex-key=us-il-regs-official--title-92--554.422}
a) Overdimension permit loads with dimensions equal to or less than 12 feet in width, 13 feet 6 inches in height, 115 feet in length that do not exceed practical maximum weights (see Section 554.604) are authorized to move between ½ hour before sunrise and ½ hour after sunset, 7 days a week. Overdimension permit loads with dimensions greater than 12 feet in width, 13 feet 6 inches in height, 115 feet in length are authorized between ½ hour before sunrise and ½ hour after sunset, Monday through Friday, and from ½ hour before sunrise until noon, Saturday (unless specified otherwise on the provision sheet or permit). Overweight permit loads with legal dimensions are allowed 24 hour a day, 7 days a week movement.
1) Movements are restricted on specified holidays, beginning at noon the day preceding the holiday or the holiday weekend. The specified holidays are: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
2) Movement shall not be made when the highway is covered with snow or ice or when visibility is unduly impaired by rain, snow, fog, smog or at anytime travel conditions are considered to be unsafe by the Illinois State Police. Movements of house trailers over 12 feet wide is prohibited when wind gusts exceed 25 miles per hour.
3) Emergency and other special movements may be authorized for travel at any time if the need is justified. Other special movements may include those that would be better accommodated during hours when it would be less disruptive to other traffic and movements that are of critical importance to industry due to the tight time constraints. For example, repairs to the expressway system in Cook County are often done at night and on weekends. If equipment is required to do the work and there is no storage at the site, a permit may be issued authorizing travel to and from the jobsite during the hours of construction.
4) Movements exceeding the practical maximum size and weight limits may be restricted to a specified day and time. (See also Section 554.310(e) regarding violations.)
5) Movements exceeding 14 feet 6 inches in width and those movements that are to be accompanied by State Police or Department personnel are generally restricted to travel on days when the Permit Office is open.
b) Permit movements on State jurisdiction roads in Cook County are subject to the following additional restrictions.
1) Movement of loads exceeding practical maximum weights (see Section 554.604), 12 feet in width or 13 feet 6 inches in height are prohibited on the expressways in Cook County; except Interstate 55 north of exit 277, Interstate 57 south of US 6 (159th St.), and Interstate 290 north of toll road Interstate 294.
2) Travel times on State routes excluding those prohibited in subsection (b)(1) are as follows: Overdimension permit loads with dimensions equal to or less than 12 feet in width, 13 feet 6 inches in height, 115 feet in length that do not exceed practical maximum weights (see Section 554.604) are authorized to move between ½ hour before sunrise and ½ hour after sunset, 7 days a week. Overdimension permit loads with dimensions greater than 12 feet in width, 13 feet 6 inches in height, 115 feet in length are authorized to move between ½ hour before sunrise and ½ hour after sunset, Monday through Friday, and from ½ hour before sunrise until noon, Saturday (unless specified otherwise on the provision sheet or permit). Overweight permit loads with legal dimensions are allowed 24 hour a day, seven days a week movement. Movements are further restricted on specific holidays and holiday weekends (see http://www.dot.il.gov/tpublic.html#truckers for details).
3) All permit related questions concerning roads under Cook County jurisdiction, excluding routes within the City of Chicago, should be directed to the Cook County Permit Office at 312/603-1670.
c) Permit movements on State jurisdiction roads in City of Chicago are subject to the following additional restrictions:
1) Travel times on State routes in the City of Chicago are as follows: Overdimension permit loads with dimensions equal to or less than 12 feet in width, 13 feet 6 inches in height, 115 feet in length that do not exceed practical maximum weights (see Section 554.604) are authorized to move between ½ hour before sunrise and ½ hour after sunset, 7 days a week. Overdimension permit loads with dimensions greater than 12 feet in width, 13 feet 6 inches in height, 115 feet in length are authorized between ½ hour before sunrise and ½ hour after sunset, Monday through Friday, and from ½ hour before sunrise until noon, Saturday (unless specified otherwise on the provision sheet or permit). Overweight permit loads with legal dimensions are allowed 24 hours a day, 7 days a week movement. Movements are further restricted on specific holidays and holiday weekends (see http://www.dot.il.gov/tpublic.html#truckers for details).
2) For permits and travel time restrictions on all routes under the City of Chicago's jurisdiction, including roads within the Central Business District from Cermak Rd. (2200 S) to the south, Division St. (1200 N) to the north, Halsted St. (800 W) to the West and Lake Michigan to the east, contact the City of Chicago at 312/744-4696.
3) All permit related questions concerning roads under the City of Chicago's jurisdiction should be directed to the City of Chicago Permit Office at 312/744-4696.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.423** Moves Over Posted Load Roads and Bridges {#sec-554.423 omnilex-key=us-il-regs-official--title-92--554.423}
No permit load shall move over a bridge posted at less than the permitted weight or less than legal weight. If the permittee finds that the proposed move exceeds the posted load limit on a route listed in the permit, contact should be made with the issuing office to obtain a revised route around the posted load limit before proceeding.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.424** Time Limits {#sec-554.424 omnilex-key=us-il-regs-official--title-92--554.424}
Due to high traffic volumes in certain areas of the State, or unusual roadway, weather, or other conditions, the time during which some superload permit loads can move may be specified. This time is usually 9:00 a.m. to 3:00 p.m. but other restrictions may be indicated.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.425** Deviation from Authorized Routes {#sec-554.425 omnilex-key=us-il-regs-official--title-92--554.425}
a) Permit movements must be made over the routes listed in the permit. If the permittee is traveling on State maintained routes other than those specified in the permit, the permittee is subject to arrest in accordance with Section 15-301(j) of the Code.
b) If a routing is not prescribed, the permittee is expected to follow a direct route on State maintained highways between the specified origin and destination.
c) Upon instructions from a police officer, the permittee may also be directed off of the assigned route to a scale. When the permittee is found to be within the size and weight limits of his/her permit, it is the responsibility of the police officer to assist the permittee in returning to the prescribed route.
d) A permitted load operating on an unauthorized State-maintained highway is prohibited from further movement until the Department provides a new route to return the permittee to the routing authorized in the permit.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.426** Permit Must Be Carried with the Move {#sec-554.426 omnilex-key=us-il-regs-official--title-92--554.426}
Section 15-301(f) of the Code requires that the permit be carried in the vehicle or combination of vehicles to which it refers and that the permit be presented upon request to any police officer or authorized agent of the Department.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.427** Closure of Highway for Permit Movement {#sec-554.427 omnilex-key=us-il-regs-official--title-92--554.427}
Permit may not be issued for the movement of vehicles or loads that will cause a route to be closed for more than 10 minutes unless:
a) An acceptable detour has been established. When a detour for other traffic is necessary, the permittee is responsible for ensuring that:
1) The traffic control plan has been approved before the move is started.
2) Permission for use of any local roads or streets has been obtained from the officials who have jurisdiction over the roadways.
3) All signs and barricades conform with the standards contained in the current Illinois Manual on Uniform Traffic Control Devices (92 Ill. Adm. Code 546), and
4) All detour signs and barricades are erected prior to closing the roadway and removed immediately after the road is reopened to traffic.
b) Another form of traffic control is approved by the Permit Office.
c) Emergency vehicles can be accommodated at all times.
**History**
- *Source: Added at 11 Ill. Reg. 3248, effective February 3, 1987*
##### **92 Ill. Adm. Code 554.428** Right-of-Way During Movement {#sec-554.428 omnilex-key=us-il-regs-official--title-92--554.428}
Movements shall be confined to a single traffic lane and shall be made in such a manner that the rest of the roadway will be open at all times so the flow of other traffic will not unnecessarily be obstructed. Other traffic will be given the right-of-way over the movement. The driver shall remove the vehicle from the roadway when necessary to allow an accumulation of traffic to pass or when so directed by a police officer.
**History**
- *Source: Added at 11 Ill. Reg. 3248, effective February 3, 1987*
##### **92 Ill. Adm. Code 554.429** Legal Height Movements {#sec-554.429 omnilex-key=us-il-regs-official--title-92--554.429}
Permit authority is not required for the movement of a vehicle, inclusive of load, not exceeding the legal height limitation of 13 feet 6 inches as established in the Code. Therefore, no action is taken by the Department, either separately or in conjunction with authorizing an otherwise oversize or overweight movement, to ensure adequate clearance of structures for a vehicle, inclusive of load, if the applicant or permittee has indicated the overall height is legal.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.430** Assigned Permitted Route {#sec-554.430 omnilex-key=us-il-regs-official--title-92--554.430}
The assigned permit route includes a distance of one mile onto another contiguous state jurisdiction highway provided that no structures are crossed, no posted weight limits are exceeded, overdimensional moves are not obstructed, all other provisions of the permit are followed and the route is used for any of the following reasons:
a) To obtain fuel or repair;
b) To provide for food or rest for the driver;
c) To allow for the legal return to a permitted route after mistakenly going off route;
d) To comply with regulatory signs to weigh.
**History**
- *Source: Added at 24 Ill. Reg. 18765, effective December 8, 2000*
##### **92 Ill. Adm. Code 554.501** Scope {#sec-554.501 omnilex-key=us-il-regs-official--title-92--554.501}
a) Permits may be issued for overdimension objects and vehicles if they have been reasonably disassembled. Objects must be loaded within legal dimensions, if at all possible. Multiple objects, loaded side-by-side, end-to-end, or on top of each other, may not cause the overdimension. However, more than one overdimension object may be transported if it does not result in another dimension that exceeds legal limits.
b) Permits to move empty overdimension trailers may be obtained, but these trailers may not normally be used to transport legal size loads. Consideration will be given to the movement of a legal size object requiring a special carriage that results in an oversize vehicle. An overdimension trailer may be used to transport an overdimension object.
c) Permits will not be issued for empty or loaded double-bottom units that exceed legal maximum size or weights.
d) Nondivisible load or vehicles.
1) Permit loads are deemed to be reasonably dismantled (nondivisible) if, when separated into smaller loads or vehicles, further dismantling would:
A) Compromise the intended use of the load or vehicle; that is, make it unable to perform the function for which it was intended;
B) Destroy the value of the load or vehicle; that is, make it unusable for its intended purpose; or
C) Require more than 8 work hours to dismantle using appropriate equipment. The permittee for a nondivisible load has the burden of proof as to the number of workhours required to dismantle the load.
2) The Department may treat emergency response vehicles, casks designed and used for the transport of spent nuclear materials, and military vehicles transporting marked military equipment or material as nondivisible vehicles or loads (see 23 CFR 658.5, April 1, 2006).
e) Due to variations in lengths of vehicles, inclines, curve radii, and other road conditions and factors, the Department does not guarantee and the permittee cannot assume the posted height or width is adequate for the movement. It is also the sole responsibility of the permittee, when not in conformance with Section 11-1203(a) of the Code, to inspect all railroad grade crossings for clearance along the permitted route prior to a move. The permittee assumes sole liability should the posted height or width or railroad grade crossing clearances prove inadequate. The Department may require indemnification from the permittee for any and all damages or claims incurred from inadequate clearance.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.502** Legal Dimensions {#sec-554.502 omnilex-key=us-il-regs-official--title-92--554.502}
Form OPER 753 illustrates legal dimensions. Also see Sections 15-101, 15-102, 15-103, and 15-107 of the Code.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.503** Exceptions to Legal Limitations {#sec-554.503 omnilex-key=us-il-regs-official--title-92--554.503}
a) The provisions of this Part governing size, weight and load do not apply to fire apparatus or equipment for snow and ice removal operations owned or operated by any governmental body, or to implements of husbandry, as defined in Section 1-130 of the Code, temporarily operated or towed in a combination upon a highway provided such combination does not consist of more than 3 vehicles or, in the case of hauling fresh, perishable fruits or vegetables from farm to the point of first processing, not more than 3 wagons being towed by an implement of husbandry, or to a vehicle operated under the terms of a special permit issued under this Part. (Section 15-101(b) of the Code)
b) Length limitations in Section 15-107(a) through (f) of the Code do not apply to the following:
1) Vehicles operated in the daytime, except on Saturdays, Sundays, or legal holidays, when transporting poles, pipe, machinery, or other objects of a structural nature that cannot readily be dismembered, provided the overall length of vehicle and load may not exceed 100 feet and no object exceeding 80 feet in length may be transported unless a permit has been obtained as authorized in Section 15-301 of the Code. (Section 15-107(g)(1) of the Code)
2) Vehicles and loads operated by a public utility while en route to make emergency repairs to public service facilities or properties, but during night operation every vehicle and its load must be equipped with a sufficient number of clearance lamps on both sides and marker lamps upon the extreme ends of any projecting load to clearly mark the dimensions of the load. (Section 15-107(g)(2) of the Code)\
c) The following vehicles may exceed the 8 feet 6 inches (width) limitation during the period between ½ hour before sunrise and ½ hour after sunset:
1) Loads of hay, straw or other similar farm products provided that the load is not more than 12 feet wide. (Section 15-102(b)(1) of the Code)
2) Implements of husbandry being transported on another vehicle and the transporting vehicle while loaded. (Section 15-102(b)(2) of the Code) Note, however, the requirements of Sections 554.313, 554.407, 554.413, 554.417, 554.419 and 554.503 continue to apply to a move under this subsection (c)(2). See Form OPER 2279.
3) Portable buildings designed and used for agricultural and livestock raising operations that are not more than 14 feet wide and with not more than a 1 foot overhang along the left side of the hauling vehicle. However, the buildings shall not be transported more than 10 miles and not on any route that is part of the National System of Interstate and Defense Highways. All buildings when being transported shall display at least 2 red cloth flags, not less than 12 inches square, mounted as high as practicable on the left and right side of the building. A State Police escort shall be required if it is necessary for this load to use part of the left lane when crossing any 2 lane State highway bridge. (Section 15-102(b)(3) of the Code)
d) Persons, teams, motor vehicles, and other equipment, while actually engaged in work upon the surface of the highway, also are exempt, but legal limitations do apply to such persons and vehicles when traveling to or from such work. (See Section 11-205(f) of the Code.)
e) Often a question arises as to whether a piece of equipment is exempted or whether a permit must be obtained for its movement. A guide is found in an Attorney General's Opinion, dated November 15, 1949, concerning an overwidth bulldozer used occasionally for farm conservation work. The opinion reads in part:
"It would seem that the bulldozer is used chiefly for a commercial operation and in view of such use would probably not be within the exemption. There are many items which could be used for commercial purposes in aid of a farming operation or to conserve the soil, but of course, all such items do not fall within the exemption of the statute. The character of their use must necessarily be a determining factor."
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.504** Overwidth Up to 14 Feet 6 Inches Wide {#sec-554.504 omnilex-key=us-il-regs-official--title-92--554.504}
a) Permits may be issued for widths up to the practical maximum of 14 feet 6 inches, except for toll highways and certain expressways in the Chicago area.
b) Movement of loads exceeding practical maximum weights (see Section 554.604), 12 feet in width or 13 feet 6 inches in height are prohibited on the expressways in Cook County; except Interstate 55 north of Exit 277, Interstate 57 south of US 6 (159th St.), and Interstate 290 north of toll road Interstate 294.
c) Separate permits must be obtained from the Illinois State Toll Highway Authority (630/241-6800, Extension 3822 or 3847) for travel on Illinois toll roads. The maximum height permitted on the toll roads is 14 feet 6 inches, the maximum width permitted on these toll roads is 10 feet, except a width of 12 feet is allowed on the sections of the tollroad system that carry Interstate Route 80 and US Route 51.
d) Loads exceeding 14 feet 6 inches in width will generally be routed over multilane highways whenever possible even though additional travel distance may result. An alternate routing could be approved if, for example, the traffic volumes on the proposed two-lane routing were low and the highway geometrics were sufficient to allow the unit to move without disrupting traffic flow.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.505** Width Exceeding 14 Feet 6 Inches {#sec-554.505 omnilex-key=us-il-regs-official--title-92--554.505}
a) In the interest of safety, the movement of vehicles or objects exceeding this width is restricted. Construction activity or other highway conditions may result in lengthy delays in the issuance of a permit or may preclude issuance altogether.
b) Movement of vehicles or objects exceeding 18 feet wide will generally only be authorized on Interstate and other multilane controlled access highways. All the movements on these highways must be able to maintain any minimum posted speeds, except at locations where the permit requires reduced speeds.
c) Permits may be issued to move a vehicle or load over 14 feet 6 inches in width, provided:
1) Roadway data maintained by the Permit Office disclosed that the movement can be made without seriously jeopardizing other traffic or highway facilities. If these data are inadequate, a District investigation shall be conducted.
2) The movement will not delay emergency vehicles that may need to travel on the proposed routing.
3) The move is not one of many to be made in the course of regular operations.
d) Movements shall be confined to a single traffic lane and shall be made in such a manner that the rest of the roadway will be open at all times so the flow of other traffic will not unnecessarily be obstructed. Whenever the width of the object or the roadway conditions require the use of more than a single traffic lane, other traffic will be given the right-of-way over this movement. The driver shall remove the vehicle from the roadway when necessary to allow an accumulation of traffic to pass or when so directed by a police officer.
e) Moves of vehicles or objects over 16 feet in width require a District investigation. A District investigation will not be required for each of several identical moves provided they are all completed within 30 days of the initial investigation. If a District investigation is required and the permittee does not request issuance of the permit again within 3 weeks after the effective date on the original permit, the Permit Office will resubmit the requested movement to all of the Districts for reconsideration.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.506** Horizontal Clearances {#sec-554.506 omnilex-key=us-il-regs-official--title-92--554.506}
Horizontal clearances at bridges and other obstructions must exceed the overall width of the load by 24 inches or more. Where practical, the load may be raised over handrails in order to clear. However, if this is proposed, the vertical clearance between the top of the handrail and the underside of the load must be at least 18 inches.
##### **92 Ill. Adm. Code 554.507** Overlength {#sec-554.507 omnilex-key=us-il-regs-official--title-92--554.507}
a) Permits are required for empty vehicles that exceed legal dimensions, for objects that exceed 80 feet long, and for loads on a single vehicle or on the first vehicle of a combination that protrude 3 feet beyond the front bumper. Protruding sections of a single vehicle (such as the boom of a mobile crane) may extend more than 3 feet beyond the front bumper.
b) The practical maximum length for permit movements is 145 feet. Permits may be issued for greater lengths on the basis of an individual movement analysis.
##### **92 Ill. Adm. Code 554.508** Overheight {#sec-554.508 omnilex-key=us-il-regs-official--title-92--554.508}
a) The maximum overheight for which a permit may be issued is governed by overhead clearances provided to the Permit Office by each District. The height of the move should be measured from the uppermost point of the object, after it is loaded, to the ground. The practical maximum height is 15 feet.
b) The maximum height authorized on Chicago area controlled access highways is 13 feet 6 inches.
c) On all highways, a 3-inch clearance generally is specified to allow for bounce. Overheight movements that are extremely long may require additional clearance at underpasses where the approach pavement dips abruptly at the structure.
d) The Permit Office does not check the vertical clearance of a route when the applicant indicates the height of the vehicle and load is "legal". If the applicant indicates the height is 13 feet 6 inches, which is the legal height, no additional clearance is provided when the vertical clearance of the route is checked.
e) For movements at 16 feet or greater in height, the applicant shall perform a route survey, listing all overhead obstructions, to ensure the clearances will enable the object to pass under without difficulty. The surveyed route must clear all structures by three inches. The measurements of all structures are listed by the Department at http://www.dot.il.gov/tpublic.html#truckers or on the online truck permit routes or map at www.gettingaroundillinois.com. In addition, all routes must be clear of any legal weight structures, ton structures and temporary and permanent restrictions that may apply to the load.
f) For movements at 17 feet in height, or greater, it is the responsibility of the applicant to contact all companies with overhead utility facilities and to indicate on the application the company, name of person contacted and telephone number. A District investigation, consisting of a route survey by District personnel, will be required.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.509** Maximum Size Manufactured Home, Modular Home, or Oversize Storage Building {#sec-554.509 omnilex-key=us-il-regs-official--title-92--554.509}
The maximum size manufactured home, modular home section, or oversize storage building combination that may be moved in Illinois is 16 feet in width and 115 feet in length. This includes the towing vehicle. (See Section 15-304 of the Code.) Movements under authority of a limited continuous operation permit shall be restricted to a maximum height of 15 feet.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.510** Manufactured Home Frames {#sec-554.510 omnilex-key=us-il-regs-official--title-92--554.510}
Permits for overdimension manufactured home frames loaded on regular or lowboy semitrailers or on specially designed vehicles that are normally accepted as semitrailers and are normally licensed as semitrailers may be issued. A permit may be issued to tow one manufactured home frame. The Department issues stackable manufactured home frame limited continuous operation permits.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.511** Buildings {#sec-554.511 omnilex-key=us-il-regs-official--title-92--554.511}
The movement of buildings is similar to other overdimension moves. This Section provides additional information that pertains to building moves.
a) The size of a building that may be moved is generally contingent upon the physical limitation of the highway upon which the building is to be moved and the effect of the move upon the flow of traffic. Porches or protruding sections generally must be removed to reduce the building to acceptable proportions. Loose boards, bricks, etc., must also be removed for safety reasons.
b) If, in connection with a permitted building move, work must be done on a State highway, such as tree trimming or removal and replacement of signs, signals or guardrails, written permission must be obtained from the District involved.
c) Removal or raising of overhead wires and cables is the responsibility of the permittee. Necessary arrangements must be made with utility companies.
d) Routes upon which a building may be moved are as follows:
1) Generally, buildings may be moved on or across low traffic volume routes that have sufficient vertical and horizontal clearances.
2) Movements of large buildings on or along high traffic volume routes will not be approved. These routes include major arterial routes near a central business district and multi-lane access-controlled highways.
3) Applications will not be approved for movements on or across Interstate or other multi-lane fully access-controlled highways.
e) In addition to the general provisions applicable to overdimension or overweight movements, one or more of the following special provisions may apply to the movements of buildings:
1) If it is anticipated that the movement of the building will be delayed by any utility line adjustments or tree trimming, the Department will require this work to be performed prior to beginning the move. The permittee must verify with the Department’s District Offices at the time of the move that all required work has been completed.
2) Any traffic signals or signs that must be removed for vertical or lateral clearance shall be removed immediately prior to and replaced immediately after the building passes the signs or signal installation.
3) When a detour for other traffic is necessary, the permittee shall ascertain that an approved detour has been established, that detour signs and barricades are erected and removed, when required, and that all signs and barricades conform with standards contained in the current Illinois Manual on Uniform Traffic Control Devices for Streets and Highways. In planning a detour route, consideration shall be given to the handling of emergency service vehicles.
4) The permittee shall present a barricade plan for all affected streets. This plan must be approved before the move starts. The permittee is also responsible for ensuring that movement of emergency vehicles can be accommodated at all times.
5) Movement is authorized only when the shoulders are dry and firm, frozen, or have sufficient bearing capacity to support loads imposed by the weight of the building passing traffic.
6) If bridges are to be crossed during the movement, it is necessary that the weight of large buildings be provided to allow completion of a bridge analysis. The Permit Office may require verification of the weight prior to issuance of the permit.
7) Additional insurance or security may be required in accordance with Section 554.108 or 554.905.
f) Requirements governing permits for the movement of manufactured homes or building sections fall within two categories. The category depends on the type of vehicle on which the module is transported. The categories are: movement as a house trailer and movement as a building.
1) Building sections or manufactured homes moved under manufactured home requirements are those transported on a frame and wheel assembly, on a trailer, or on a vehicle closely resembling a manufactured home frame. Manufactured home sections must be specifically identified on the application, the permit and during the move. Movement is made under the same restrictions, conditions and provisions as a house trailer move, as prescribed in Section 554.509, and may not exceed 16 feet in width and 115 feet in length. Movements under the authority of a limited continuous operation permit are restricted to a maximum 15 feet in height.
2) Building sections or manufactured homes moved under building requirements are those transported on a regular lowboy semitrailer with a fifth wheel connection and with the axles near the rear of the semitrailer. A specially designed vehicle may also be used if it is normally considered as a semitrailer, with the axles near the rear, and it is normally licensed as a semitrailer.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.512** Size of Building That May Be Moved (repealed) {#sec-554.512 omnilex-key=us-il-regs-official--title-92--554.512}
**History**
- *Source: Repealed at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.513** Distances Buildings May Be Moved (repealed) {#sec-554.513 omnilex-key=us-il-regs-official--title-92--554.513}
**History**
- *Source: Repealed at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.514** When Work Is Required on Highway (repealed) {#sec-554.514 omnilex-key=us-il-regs-official--title-92--554.514}
**History**
- *Source: Repealed at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.515** Overhead Clearances (repealed) {#sec-554.515 omnilex-key=us-il-regs-official--title-92--554.515}
**History**
- *Source: Repealed at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.516** Routes Upon Which Buildings May Be Moved (repealed) {#sec-554.516 omnilex-key=us-il-regs-official--title-92--554.516}
**History**
- *Source: Repealed at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.517** Conditions Applicable to Building Moves (repealed) {#sec-554.517 omnilex-key=us-il-regs-official--title-92--554.517}
**History**
- *Source: Repealed at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.518** Building Sections (repealed) {#sec-554.518 omnilex-key=us-il-regs-official--title-92--554.518}
**History**
- *Source: Repealed at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.601** Scope {#sec-554.601 omnilex-key=us-il-regs-official--title-92--554.601}
a) Permits may be issued for overweight vehicles and objects if they have been reasonably disassembled [625 ILCS 5/15-301] and the highway system can carry the weight. Overweight moves may consist of only a single object. Overweight equipment may be moved with normal components attached.
b) The Permit Office may require verification of the weight of the vehicle and load prior to issuing a permit when there is reason to believe the requested weight is incorrect. Permits are required for any overweight movement to or from a weigh scale over State highways for preliminary weighing of the vehicle and load.
**History**
- *Source: Amended at 20 Ill. Reg. 2565, effective January 25, 1996*
##### **92 Ill. Adm. Code 554.602** Legal Weights {#sec-554.602 omnilex-key=us-il-regs-official--title-92--554.602}
See Form OPER 753 and Section 15-111 of the Code.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.603** Exceptions to Legal Weights {#sec-554.603 omnilex-key=us-il-regs-official--title-92--554.603}
Fire apparatus or equipment designed for snow and ice removal owned and/or operated by governmental agencies, implements of husbandry temporarily operated or towed upon a highway, and vehicles and loads operated by a public utility when transporting equipment required for emergency repairs are exempt from weight limitations.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.604** Practical Maximum Weights {#sec-554.604 omnilex-key=us-il-regs-official--title-92--554.604}
All requests for overweight moves are considered. However, due to the physical capacity of the highways and bridges, practical maximum weights have been established. Although many bridges will not carry these weights, routes are generally available to most destinations. These weights are:
a) 6 or more-axle tractor semitrailer combination 120,000 pounds gross; 48,000 pounds on drive tandem; 60,000 pounds on semitrailer tandem.
b) 5-axle tractor semitrailer combination 100,000 pounds gross; maximum of 48,000 pounds on either tandem.
c) 4-or-more-axle vehicle (axle spacing 23 feet or more): up to and including 76,000 pounds gross; maximum of 34,000 pounds on one tandem and 44,000 pounds on the other.
d) 3-or-more-axle vehicle (axle spacing 18 feet or more): maximum 68,000 pounds gross; 20,000 pounds on one axle and 48,000 pounds on the tandem.
e) 2-axle vehicle: maximum 48,000 pounds, neither axle exceeds 25,000 pounds.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.605** Superload Moves {#sec-554.605 omnilex-key=us-il-regs-official--title-92--554.605}
Superload moves or moves on nonstandard vehicles or with nonstandard axle configurations may be authorized if allowable pavement and bridge stresses are not exceeded. These moves normally require additional time and fees (see Section 554.910) for analyses.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.606** Maximum Weight on Chicago Expressways {#sec-554.606 omnilex-key=us-il-regs-official--title-92--554.606}
The maximum gross weight that may be authorized on Chicago expressway is practical maximum weights as described in Section 554.604.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.607** Movement to a Designated Scale {#sec-554.607 omnilex-key=us-il-regs-official--title-92--554.607}
Sections 15-301(b) and (f) of the Code allow the permittee to travel to a certified scale to verify the axle and gross weights of an overweight load when the permittee is uncertain of the correct weights. The following conditions apply:
a) The applicant must, on the original application, request that the load be routed to a certified scale, the location of which was designated on the application.
b) For all single trip permits, the scale must be the nearest scale to the permittee's origin that has been certified by the Illinois Department of Agriculture (State weigh stations included). The "nearest scale" is defined as a scale within 25 miles of the permitted load's origin or no more than ⅓ of the total distance of the permitted route, whichever distance is less. However, if size and/or weight limits preclude the use of the requested scale, the permittee shall be routed to the first scale located within the route assigned by the Permit Office provided such scale is located within 25 miles of the permittee's origin or no more than ⅓ of the total distance of the permitted route, whichever distance is less.
c) The applicant must indicate the requested routing.
d) If any routes under the jurisdiction of local agencies are included in the routing, the applicant must provide evidence that approval has been secured from the local authority having jurisdiction.
e) Due to the volume of permits handled, the Permit Office cannot assist the applicant in determining the closest certified scale. By approving the routing to the scale as requested by the applicant and indicating the weight of the load is to be checked at a designated scale, the Permit Office in no way implies that it is the closest certified scale to the permit's origin. If a police officer finds there is a closer certified scale, the police officer may require the permittee to travel to that scale; however, it is that police officer's responsibility to verify that the routes can accommodate the load.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.608** Status of Permittee While Enroute to the Scale {#sec-554.608 omnilex-key=us-il-regs-official--title-92--554.608}
a) When the applicant has requested travel to a designated scale and the routing and scale have been specified in the permit by the Permit Office the permittee shall be deemed in compliance with the weight provisions of the permit provided the axle or gross weights do not exceed any of the permitted limits by more than the following amounts:
1) Single axle 2,000 pounds
2) Tandem axle 3,000 pounds
3) Gross 5,000 pounds
b) If the permittee is stopped by a police officer while enroute to the scale specified in the permit, the police officer may accompany the permittee to the designated scale and witness the weighing, or the police officer may direct the permittee to a closer certified scale. However, the police officer assumes responsibility for ensuring that the selected route to the alternate scale can safely accommodate the load. The Permit Office may be contacted if the police officer is unsure of the capacity of the route.
c) If after checking the weights at the scale, the permittee finds that the weights are within the limits indicated in the permit, the permittee may proceed to the destination by using the routes indicated in the permit. However, the permittee must still stop at all open weigh stations along the permitted route and will be subject to all normal enforcement action.
d) If the permittee finds that the load exceeds one or more of the limits specified in the permit, but is within the tolerances indicated in subsection (a), the permittee must contact the Permit Office to either obtain a revised permit, as provided in Section 554.211 of this Part, or reduce the weights to those specified in the permit before proceeding. Under the provisions of Section 15-301(f) of the Code, the permittee is not subject to arrest for being overweight while at or en route to the designated scale unless the load is found to be in excess of the permit limits by more than the weight tolerance in subsection (a).
e) If the load exceeds one or more of the limits specified in the permit by an amount in excess of the tolerances indicated in subsection (a), the permittee is subject to arrest if a police officer witnesses the weighing or if the permittee moves the load from the scale premises without either first adjusting the load to within the limits specified in the permit or obtaining a new permit that covers the movement. There shall be no refund of fees for any permit so exceeded, nor will there be any reduction in the fee for the new permit.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.609** Movement of Off-Road Overweight Equipment {#sec-554.609 omnilex-key=us-il-regs-official--title-92--554.609}
The distance that can be traveled on Illinois highways under a permit by overweight equipment such as a scraper or end loader that is not designed for highway travel, under its own power or towed, will generally be limited to a maximum distance of 25 miles. Axle limitations will be based upon an analysis of the pavement utilizing the tire sizes specified on the application. If any single axle exceeds 30,000 pounds, no structures may be crossed.
**History**
- *Source: Amended at 28 Ill. Reg. 15654, effective November 19, 2004*
##### **92 Ill. Adm. Code 554.610** Movement of Exceptionally Large Equipment {#sec-554.610 omnilex-key=us-il-regs-official--title-92--554.610}
These movements characteristically involve a great deal of advance planning and analysis. The objects being moved may weigh several hundred thousand pounds or more and can be moved under their own power or may be loaded on special transporting equipment. Typical loads include power shovels or draglines used in strip mining operations, reactor vessels or generators used in power plants, or other extremely heavy industrial equipment components. These movements are generally for very short distances on or across a highway. In addition to the general provisions applicable to normal overdimension and overweight movements, one or more of the following conditions may apply.
a) Due to the lengthy pavement and bridge analyses required for exceptionally heavy loads, a special agreement regarding payment of inspection and investigation fees in accordance with Section 554.910(b) may be necessary.
b) The effect of the movement on overhead and underground utilities must be determined by the utility companies. Any adjustments required, such as raising lines or rerouting underground facilities are to be made in advance of the movement.
c) Movement may be restricted to when the shoulders are dry and firm, frozen, or have bearing capacity to support the object being moved or the weight of other passing traffic.
d) Movement may be restricted to periods when the probability of precipitation is no more than 30 percent as predicted by the National Weather Service.
e) An earthen or crushed stone pad of a depth specified by the Permit Office may be required to protect the pavement.
f) Additional insurance or security may be required in accordance with Sections 554.108 or 554.905.
g) A special agreement between the permittee and the Department may be required to ensure all conditions are defined regarding the security and repair requirements as specified in Section 554.910b.
**History**
- *Source: Added at 11 Ill. Reg. 3248, effective February 3, 1987*
##### **92 Ill. Adm. Code 554.611** Permit Axle Spacing Requirements {#sec-554.611 omnilex-key=us-il-regs-official--title-92--554.611}
a) The spacing requirements for all overweight loaded routine and superload permits, as well as all towed routine permits, are as follows:
1) the spacing between the steer axle and the first axle on the tractor tandem may not be less than 8 feet 1 inch;
2) the spacing before the first axle of the trailer may not be less than 18 feet 6 inches; and
3) the sum of all axle spacings must be at least 43 feet 6 inches.
b) All towed permits that do not meet these minimum spacing requirements will automatically be processed by the Department as a superload permit.
**History**
- *Source: Added at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.701** Scope {#sec-554.701 omnilex-key=us-il-regs-official--title-92--554.701}
a) Permits authorizing repeated moves of oversize and overweight vehicles and loads directly across a highway may be issued for a period of six months. The distinguishing features of these moves are that:
1) The moves must be repetitive, made directly across a highway, and made in course of industrial, construction, research, or testing activity;
2) The vehicles to be moved or utilized or the loads or objects to be transported need not be dismantled or disassembled; and
3) Both highway entrance permits and special vehicle permits may be required.
b) Permits forms are available from the Permit Office. For new crossing locations, it is necessary that the District Office be contacted for highway entrance permits, discussions on traffic control, and amount of security required.
##### **92 Ill. Adm. Code 554.702** Data Required {#sec-554.702 omnilex-key=us-il-regs-official--title-92--554.702}
The following data should be contained in the preliminary letter requesting appropriate permit forms:
a) The need for such crossing and a description of the operation contemplated;
b) The exact location where the crossing is to be made;
c) Whether a crossing is in existence or whether one is to be constructed;
d) A detailed description of the vehicles to be utilized in making the crossings and the material to be hauled;
e) The approximate number of crossings to be made in a given period, the time of day the crossings are to be made, and the length of time required for the operation to be completed; and
f) The traffic control proposed.
##### **92 Ill. Adm. Code 554.703** Changes in Traffic Conditions {#sec-554.703 omnilex-key=us-il-regs-official--title-92--554.703}
If subsequent to the original approval of the crossing and issuance of permits, traffic conditions warrant a reappraisal of the crossing operation, the permittee will be informed of any corrective action that must be taken. Should permittee fail to make these corrections, the movement permits may be canceled or upon expiration of existing permits no new permits will be issued until the corrective action has been taken.
##### **92 Ill. Adm. Code 554.704** Aircraft {#sec-554.704 omnilex-key=us-il-regs-official--title-92--554.704}
Aircraft or aircraft components in excess of legal limits may be moved over or across State highways by special permit. A permit will not normally be issued to tow an aircraft on its own wheels. The aircraft shall be loaded on a vehicle or combination of vehicles. No permits will be issued to authorize landing, takeoff, or taxiing, upon or across a State highway.
##### **92 Ill. Adm. Code 554.705** Disabled Vehicles {#sec-554.705 omnilex-key=us-il-regs-official--title-92--554.705}
A combination of vehicles, including a tow truck and a disabled vehicle or disabled combination of vehicles, which exceeds the legal length and/or weight limits may be operated on a highway under the following conditions (See Sections 15-107 and 15-111 of the Code):
a) Prior to towing, neither the disabled vehicle, disabled combination of vehicles, nor the tow truck shall individually exceed the legal length or weight limits. When overweight, the towing shall not exceed a distance of 20 miles from the initial point of wreck or disablement provided neither the tow truck nor the vehicle being towed shall exceed the following axle weight limits as prescribed by Section 15-301(n) of the Code:
Single rear axle – 26,000 pounds
2-axle rear tandem rear axle – 50,000 pounds
3-axle rear tandem rear axle − 60,000 pounds
b) Any additional movement of the disabled vehicles shall be under normal permit procedures (Section 554.306). Requests for the emergency movement of equipment when the Permit Office is closed will be considered under the provisions of Section 554.801.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.706** Implements of Husbandry {#sec-554.706 omnilex-key=us-il-regs-official--title-92--554.706}
Sections 1-130, 11-1418, 15-101, and 15-102 of the Illinois Vehicle Code provide information and exemptions for the movement of implements of husbandry. (Form OPER 2279 provides transport rules (see Section 15-102(b)(2)(A) through (H) of the Code) for width exempt loads.) However, implements of husbandry may be barred from operation on controlled access highways when official signs prohibiting such operation are posted. An implement of husbandry by definition (see Section 1-130 of the Code) is a vehicle; therefore, for a farm tractor to be exempt, it must be used solely as an implement of husbandry in connection with farming operations.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.707** Road Testing of Vehicles or Equipment {#sec-554.707 omnilex-key=us-il-regs-official--title-92--554.707}
The Department will not normally issue permits for road testing of any vehicles or equipment over State-controlled highways unless they have not yet been opened to traffic.
##### **92 Ill. Adm. Code 554.708** Secret Files {#sec-554.708 omnilex-key=us-il-regs-official--title-92--554.708}
Permits are not issued to private carriers for sealed overweight loads of government secret files. Such loads can be reduced to axle and gross weights within the legal limits. Should a vehicle be stopped for overweight, the carrier must have a representative of the proper governmental agency break the seal and remove the excess weight before the movement may proceed.
##### **92 Ill. Adm. Code 554.709** Government Moves by Commercial Carriers {#sec-554.709 omnilex-key=us-il-regs-official--title-92--554.709}
a) Occasionally, government shipments in excess of permit policy limits must be moved over the highways. Written certification in the form of a Letter of Essentiality as to the necessity of the movement stating that it is in the interest of national defense shall be obtained from the United States Military Surface Deployment and Distribution Command Transportation Engineering Agency at 757/878-7582.
b) Upon receipt of the application for permit, together with satisfactory certification as to the necessity for the movement from the Transportation Officer, the Permit Office will issue the permit.
c) When travel at night is authorized, an escort vehicle must accompany the movement.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.710** Military Moves by Service Personnel {#sec-554.710 omnilex-key=us-il-regs-official--title-92--554.710}
a) All movements by the Armed Forces and the National Guard must be in compliance with the size and weight limits contained in Sections 15-102, 15-103, 15-107, and 15-111 of the Code, unless an authorization has been issued by the Permit Office or an emergency has been officially declared by the President or Governor. In the event an official emergency is declared, telephone contact should be made with the Permit Office (217/782-6271) during regular office hours, or the Communications Center (217/782-2937) at other times, for assistance with the routing.
b) If it is necessary to move a vehicle or load that cannot be reasonably dismantled or disassembled and transported within the legal size and weight limits, an application for authorization to make the movement must be submitted to the Permit Office. Applications may be submitted for routine and superload permits via letter, fax, internet or by phone on the Department of Defense standard forms. Routine moves (see Sections 554.504 and 554.604) may also be submitted on Form OPER 1928 and superload moves (any moves that exceed the dimensions in Sections 554.504 and 554.604) may also be submitted on Form OPER 2270. If the Permit Office determines the move can be made in safety without damaging the highway system, a no-cost authorization will be issued (Section 15-301 of the Code).
c) The Permit Office will review requests for routine military convoy movements that are submitted on standard military forms and will issue permits to overweight vehicles and loads that are included. These authorizations do not relieve the Armed Forces or National Guard from overall responsibility for the convoy movement.
d) The branch of the Armed Forces or National Guard authorizing oversize or overweight moves without the approval of the Permit Office assumes full liability for accidents or damages that may be caused directly or indirectly by reason of the movements. While the driver is not subject to arrest, any unauthorized shipment found to be in violation of the legal size and weight limits shall not be allowed to proceed until the excess load is shifted or removed, or the Permit Office approves the movement.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.801** General {#sec-554.801 omnilex-key=us-il-regs-official--title-92--554.801}
a) The Engineer of Operations through the Permit Office, or the Regional Engineer in the District in which the event occurs, may authorize emergency moves of vehicles, vehicle combinations, or loads that exceed the maximum legal dimension and weight limitations in a disaster area without a standard permit. Authorization may also be issued for the movement of State, local agency, or leased equipment for snow and ice removal without permit. However, normal permit requirements should be generally observed where practicable. During regular office hours, the Permit Office (217/782-6271) should be contacted for assistance in permit routing and coordinating the movement. When the Permit Office is closed, the Department's Communications Center (217/782-2937) will contact permit officials as needed and coordinate the movement.
b) For purposes of this Part, "disaster" includes flood, tornado, fire, or any other disaster that causes or threatens loss of life or destruction or damage to property of such a magnitude as to seriously endanger the public health, safety, and welfare or that causes or threatens to cause destruction or major damage to the highway or other transportation system. Emergency moves may be authorized:
1) when disaster is apparent,
2) during the disaster period, and
3) in the initial stages of recovery.
c) Following the emergency, such vehicles, vehicle combinations, or loads must be moved from the disaster area under permit authority.
d) The Permit Office may also allow the movement of equipment that is needed to make emergency repairs to industrial installations and other facilities where delays would cause severe economic hardship. The Department considers a severe economic hardship to be whenever the company will have to lay off one or more shifts of employees or there is a potential loss of contracts or equipment worth several thousands of dollars.
e) Companies moving at least once a month on an emergency basis, and providing emergency services as a portion of their regular business, must have escort and lighting approval. The escort vehicles must comply with the requirements in Section 554.408 and the extremities of the load must be illuminated. An illuminated or reflectorized "Oversize Load" sign must be displayed on the front and rear of each load and escort vehicle. They must also establish an account with the Permit Office or use a MasterCard or VISA credit card for the payment of fees.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.802** Mobile Home Emergency Moves {#sec-554.802 omnilex-key=us-il-regs-official--title-92--554.802}
In the event an area has been declared a disaster area by the President or Governor, house trailers may be authorized to move into the area without a standard permit. The house trailers may not exceed 12 feet wide and 85 feet combination length. They must be owned by the victims of the disaster or otherwise be brought into the area for relief purposes. If the units are furnished by the Federal Department of Housing and Urban Development (HUD) the Permit Office will generally allow movement in conformance with the American Association of State Highway and Transportation Officials' (AASHTO) National Policy. However, the Permit Office may include additional restrictions in its authorization.
**History**
- *Source: Amended at 20 Ill. Reg. 2565, effective January 25, 1996*
##### **92 Ill. Adm. Code 554.803** Railroad Derailment Emergency Moves {#sec-554.803 omnilex-key=us-il-regs-official--title-92--554.803}
Emergency moves of vehicles or loads to railroad derailments may be authorized for movement over State highways during periods when normal permits are restricted, provided:
a) There is a loss of life threatened, hazardous materials are involved, a mainline or other major line is blocked, and the Department is notified of the incident no more than six hours after it has occurred. If more than six hours have elapsed before the Department is advised, the situation is not generally considered to be of an emergency nature.
b) During normal working hours, the emergency services company must obtain a standard permit by contacting 217/785-1477, Extension 1, outside of Illinois or 800/252-8636, Extension 1, within Illinois. If the incident occurs when the Permit Office is not open, the railroad representative and the requested emergency services company must contact the Department's Communications Center at 217/782-2937 within six hours after the time of occurrence to request the move and provide details. The required information that must normally be provided before authorization will be granted includes the exact location of the incident, the time of occurrence, the number of cars involved, an exact listing of the commodities contained in each car, the description of equipment needed, the origin and requested routing of the move. If loss of life is threatened or a highway is blocked, the Permit Office may waive the immediate need for some of this information.
c) After receipt and verification of the required information, the Department representative will check the requested routing to ensure it will safely accommodate the load. If the authorization is approved, a permit will then be issued by telephone and a Teletype message will be sent to the Illinois State Police. The Department's Communications Center will also advise the State Emergency Management Agency of the incident and the commodities involved. In order to obtain an authorization for movement at night or on weekends, the permittee must have received prior Permit Office approval of their escort and emergency lighting protection or have approval from the Illinois State Police that they will escort the move.
d) That, due to the physical capacity of the highways, the proposed moves are 12 feet or less in width, 13 feet 6 inches or less in height, and do not exceed the practical maximum weights listed in Section 554.604.
e) That insofar as practicable, all safety precautions and operational conditions normally imposed by the Permit Office for special movement be observed.
f) If traveling conditions on the involved highways are considered hazardous due to weather, the Department will contact the Illinois State Police and, if necessary, hold the authorization until the highways are sufficiently clear to allow safe movement. While the provision may result in some delay, it is the Department's responsibility to ensure the presence of these oversize and overweight movements on the highway does not unduly endanger other motorists.
g) After release of the authorization, the permit fee will be charged to the emergency service company's account or be processed for billing.
h) That annual permits are available to move oversize or overweight equipment to the sites of train derailments and shall include all equipment otherwise eligible to obtain single trip permits under normal situations. Annual permits can be used at any time for movement to the site of a train derailment. (Section 15-308.1 of the Code)
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.804** Radioactive Materials {#sec-554.804 omnilex-key=us-il-regs-official--title-92--554.804}
Permits may be issued for the movement of an overweight and/or overwidth container, empty or loaded, designed for transporting radioactive materials. The moves must conform to all applicable safety regulations. These moves are made under the same conditions and provisions as other overweight moves, except it is recommended they not be made in congested areas over critical highway facilities or during rush hour periods. Federal regulations may require routing around certain urban areas.
**History**
- *Source: Amended at 32 Ill. Reg. 18030, effective November 7, 2008*
##### **92 Ill. Adm. Code 554.805** Toxic, Gaseous, and Highly Explosive Materials {#sec-554.805 omnilex-key=us-il-regs-official--title-92--554.805}
a) Toxic, gaseous, and highly explosive liquid or gaseous materials generally are transported in special vehicles that conform to legal dimensions and weights. Occasionally, such vehicles are found to be overweight and are stopped by the Illinois State Police as authorized by law. Under the law, the driver may not proceed until the weight has been reduced to legal proportions. Requiring the driver to remove part of the cargo to reduce the weight to legal limits may constitute a hazard endangering a large area.
b) Upon recommendations of the police and if determined feasible by engineering analysis, a special authorization may be issued:
1) Permitting the driver to proceed to the nearest point where suitable unloading facilities are available to remove the excess cargo; or
2) Permitting the driver to return to the point of origin in Illinois or to the point of entrance to the State.
**History**
- *Source: Amended at 11 Ill. Reg. 3248, effective February 3, 1987*
##### **92 Ill. Adm. Code 554.806** Livestock {#sec-554.806 omnilex-key=us-il-regs-official--title-92--554.806}
Since confinement of livestock in a trailer for an extended period can result in death, the Permit Office may authorize overweight loads of livestock to proceed subject to the following conditions:
a) The police recommend the load be allowed to proceed to a specified point for unloading the excess livestock, and
b) the routing is able to accommodate the excess weight.
**History**
- *Source: Amended at 11 Ill. Reg. 3248, effective February 3, 1987*
##### **92 Ill. Adm. Code 554.807** Disabled Vehicles {#sec-554.807 omnilex-key=us-il-regs-official--title-92--554.807}
Limited continuous operation permits may be issued for the movement of oversize/overweight vehicles and combinations from disablement sites (see Section 15-301(n) of the Code), provided:
a) No single axle within a tandem exceeds 26,000 pounds.
b) No two axle tandem exceeds 50,000 pounds.
c) No three axle tandem exceeds 60,000 pounds.
d) The overall dimensions do not exceed 10 feet in width, 13 feet 6 inches in height and 115 feet in length and the overall height does not exceed 13 feet 6 inches. (NOTE: One civilian escort is required for loads that exceed 110 feet in length.)
e) Permitted movement is from disablement site to a point where repairs are actually to occur.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.901** Remittance {#sec-554.901 omnilex-key=us-il-regs-official--title-92--554.901}
a) Payment for permit fees may be in the form of a certified, cashier's, traveler's, company or personal check, a Visa or MasterCard credit card, or postal or telegraphic money order made payable to the "Treasurer, State of Illinois." Payments in currency must be made in person at the Permit Office, address noted in Section 554.306. Permit fees must be paid in advance unless the applicant has an approved account with the Permit Office or has made other satisfactory arrangements for payment.
b) The Permit Office will charge a service fee of $3 for a check returned for any reason.
**History**
- *Source: Amended at 28 Ill. Reg. 15654, effective November 19, 2004*
##### **92 Ill. Adm. Code 554.902** Exemptions to the Requirement of Payment of Fees {#sec-554.902 omnilex-key=us-il-regs-official--title-92--554.902}
The requirement for payment of fees shall not apply to vehicles owned and operated by the United States, this State, or any political subdivision or municipality of this State.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.903** Bonded Charge Accounts {#sec-554.903 omnilex-key=us-il-regs-official--title-92--554.903}
An applicant may establish a Bonded Charge Account or Escrow Account with the Permit Office in lieu of paying for each permit before it is issued. Application forms may be obtained from the Permit Office for establishing either type of account.
a) The following conditions govern the establishment and maintenance of Bonded Charge Accounts.
1) Application Form OPER 1932 must be completed in duplicate and submitted to the Permit Office.
2) A surety bond, Form OPER 1931 and a power of attorney for surety must accompany this application. The bonding agency must execute the bond in the minimum amount of $1000 or in increments of $1000 to an amount equal to at least twice the applicant's anticipated monthly charge.
3) Upon approval of the account, the applicant will be given a confidential number that must be given with each permit application. The applicant is responsible for all charges filed against the account.
4) The Permit Office will furnish billing statements every 30 days, providing there has been activity against the account, that will show charges, payments, adjustments and the amount due. Payment in full is due within two weeks following the billing date. Any bills not paid within 30 calendar days from the date of the statement will result in the withholding of permits to the account holder until the delinquent amount is paid.
5) The Permit Office may execute the surety bond to collect any unpaid balance. Reinstatement of credit and issuance of permits will be withheld until payment in full is received and a new bond is provided.
6) Upon request, the Permit Office will notify the account holder when the total amount due reaches an agreed warning limit.
b) The following conditions apply to Escrow Accounts.
1) Application Form OPER 1932 must be completed in duplicate and submitted to the Permit Office.
2) Deposits must be made in multiples of $100.
3) Upon approval of the account, the applicant will be given a confidential number that must be given with each application. The applicant is responsible for all charges filed against the account.
4) The Permit Office will furnish monthly statements, providing there has been activity against the account that will show charges, deposits, adjustments, and the current prepaid amount remaining.
5) The account holder may replenish his or her funds at any time.
6) An escrow (prepaid) account will remain open as long as there is a positive balance. The balance will be reduced by the fee amount for each permit issued.
7) Upon request, the Permit Office will notify the account holder when the prepaid amount is reduced to an agreed warning limit.
8) An escrow account may be closed at any time and the unused balance processed for a refund. Closing of the account and requests for refunds must be in writing.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.904** Refunds {#sec-554.904 omnilex-key=us-il-regs-official--title-92--554.904}
a) Refunds may be made under the following circumstances:
1) The Permit Office has received an amount in excess of the required permit fee;
2) The application for permit has not been approved by the Permit Office;
3) The applicant has canceled the application before the permit has been issued by the Permit Office or before the effective date of the permit;
4) The permittee has mailed the permit to:
Illinois Department of Transportation, Permit Office
2300 S. Dirksen Parkway, Room 117
Springfield, IL 62764
(NOTE: The envelope must be postmarked at least one day prior to the effective date.);
5) The Permit Office has been notified, prior to the expiration date of the permit, that unusual circumstances, which render a proposed move impractical or impossible, have developed. This must be substantiated, in writing, to the satisfaction of the Permit Office;
6) The permittee has notified the Permit Office of an overcharge on a permit; or
7) The customer has closed his or her escrow account.
b) Refunds, when authorized, due to Illinois law will be made from funds appropriated to the Department and will not be made from the daily receipt in the Permit Office. If an adjustment is made in a permit fee or a permit is cancelled, and the customer has an existing account with the Permit Office, the refund will be shown as an adjustment to the account along with an appropriate note.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.905** Security Requirements {#sec-554.905 omnilex-key=us-il-regs-official--title-92--554.905}
If requested by the Permit Office before a permit is issued, the applicant will be required to secure an Irrevocable Letter of Credit or other designated form of security in favor of the Department in an amount sufficient to cover any damages to the highway system that may be caused by the proposed movement. The security will be retained until the damages are determined and repairs completed.
##### **92 Ill. Adm. Code 554.906** Basis for Fees {#sec-554.906 omnilex-key=us-il-regs-official--title-92--554.906}
Permit fees will be based upon the overall dimensions and weights of the vehicle or, combination of vehicles and the distance traveled on State highways. The amount of the fees is specified in Sections 15-302 through 15-313 of the Code.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.907** Supplemental Permit Fees {#sec-554.907 omnilex-key=us-il-regs-official--title-92--554.907}
The Permit Office shall collect a fee of $5 for each supplemental permit (one revision and/or one extension). In addition, if the supplemental permit provides for an increase in size, weight, or mileage, those additional fees will be charged. However, no credit can be given for fees paid if dimensions, weights, or mileages are reduced. A handling fee of $50 is added for supplements to superload permits and limited continuous operation permits.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.908** Service Charge for Special Handling {#sec-554.908 omnilex-key=us-il-regs-official--title-92--554.908}
When special transmission of permits by electronic communications equipment is requested by an applicant or permittee, a service charge will be charged. The current charge is $1.00 for each permit. Permits may be transmitted by facsimile copy (FAX) or by e-mail if ordered via the Internet.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.909** Fees for Buildings and Special Moves {#sec-554.909 omnilex-key=us-il-regs-official--title-92--554.909}
When buildings or large machines are moved on house moving equipment or on their own trucks or tracks, fees will be based on maximum overall dimensions, District investigations and Illinois State Police processing fees, but excluding weight.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.910** Fee for Engineering Inspections and Investigations {#sec-554.910 omnilex-key=us-il-regs-official--title-92--554.910}
The following additional fees will be charged for engineering inspections and investigations by Department personnel that may be necessary due to the size or weight of the load.
a) For normal engineering inspection and investigations, all or a portion of the following:
1) Bridge structural analysis – $40 per hour plus computer costs.
2) Pavement structural analysis – $40 per hour.
3) Field investigation of movement feasibility – $40 per hour.
4) Accompanying the move – $40 per hour.
5) Interim or final inspection for damages – $40 per hour.
b) For unusually large movements that may require extensive analyses, inspections, and investigations by Department personnel, a written agreement will be executed by the applicant and the Department as to the extent of special charges. The following rates will be utilized unless otherwise stipulated.
1) Bridge structural analysis – $40 per hour.
2) Pavement structural analysis – $40 per hour.
3) Field investigations of movement feasibility, for each Department employee – $40 per hour.
4) Accompanying the move, for each Department employee – $40 per hour.
5) Interim or final inspections, for each Department employee – $40 per hour.
6) Computer usage time will be at the rate charged to the Department by the Department of Central Management Services.
c) Fees for engineering services performed by personnel outside the Department shall be paid directly by the applicant.
**History**
- *Source: Amended at 20 Ill. Reg. 2565, effective January 25, 1996*
##### **92 Ill. Adm. Code 554.911** Fees for Illinois State Police Escorts {#sec-554.911 omnilex-key=us-il-regs-official--title-92--554.911}
a) The following processing fees for the use of Illinois State Police escorts (see Section 15-312 of the Code) shall be paid by the applicant to the Permit Office: $80 per Illinois State Police District, excluding the Chicago District, that the load will be traveling through. When traveling through the Chicago District, the fee is $160. To view the Illinois State Police district map go to http://www.isp.state.il.us/districts/districtfinder.cfm. The permittee must contact the Illinois State Police Central Headquarters at 217/782-6527 at least 24 hours in advance of any move that requires an Illinois State Police escort.
b) The Illinois State Police will charge an additional hourly fee for the use of their escorts.
**History**
- *Source: Amended at 36 Ill. Reg. 13254, effective August 1, 2012*
##### **92 Ill. Adm. Code 554.912** Special Categories of Fees (repealed) {#sec-554.912 omnilex-key=us-il-regs-official--title-92--554.912}
**History**
- *Source: Repealed at 11 Ill. Reg. 3248, effective February 3, 1987*
##### **92 Ill. Adm. Code 554.913** Other Overweight Fees (repealed) {#sec-554.913 omnilex-key=us-il-regs-official--title-92--554.913}
**History**
- *Source: Repealed at 11 Ill. Reg. 3248, effective February 3, 1987*
##### **92 Ill. Adm. Code 554.914** Fees for Round Trip and Repeat Move of Like Object Permits (repealed) {#sec-554.914 omnilex-key=us-il-regs-official--title-92--554.914}
**History**
- *Source: Repealed at 11 Ill. Reg. 3248, effective February 3, 1987*
##### **92 Ill. Adm. Code 554.915** Fee Schedules (tables 1, 2, and 3) (repealed) {#sec-554.915 omnilex-key=us-il-regs-official--title-92--554.915}
**History**
- *Source: Repealed at 11 Ill. Reg. 3248, effective February 3, 1987*
##### **92 Ill. Adm. Code 554.APPENDIX** A Data Relative to Vehicles Authorized to Operate on Illinois Highways (repealed) {#sec-554.appendix omnilex-key=us-il-regs-official--title-92--554.APPENDIX}
**History**
- *Source: Repealed at 11 Ill. Reg. 3248, effective February 3, 1987*
##### **92 Ill. Adm. Code 554.APPENDIX** B Legal Gross Weights of Vehicles and Combinations of Vehicles Authorized by Section 15-111, Illinois Vehicle Code (repealed) {#sec-554.appendix omnilex-key=us-il-regs-official--title-92--554.APPENDIX}
**History**
- *Source: Repealed at 11 Ill. Reg. 3248, effective February 3, 1987*
##### **92 Ill. Adm. Code 554.APPENDIX** C Application Form Bt 1928 (repealed) {#sec-554.appendix omnilex-key=us-il-regs-official--title-92--554.APPENDIX}
**History**
- *Source: Repealed at 11 Ill. Reg. 3248, effective February 3, 1987*
##### **92 Ill. Adm. Code 554.APPENDIX** D Special Vehicle Movement Permit - Form Bt 993 (repealed) {#sec-554.appendix omnilex-key=us-il-regs-official--title-92--554.APPENDIX}
**History**
- *Source: Repealed at 11 Ill. Reg. 3248, effective February 3, 1987*
##### **92 Ill. Adm. Code 554.APPENDIX** E Form Bt 750 (repealed) {#sec-554.appendix omnilex-key=us-il-regs-official--title-92--554.APPENDIX}
**History**
- *Source: Repealed at 11 Ill. Reg. 3248, effective February 3, 1987*
##### **92 Ill. Adm. Code 554.APPENDIX** F Form Bt 751 (repealed) {#sec-554.appendix omnilex-key=us-il-regs-official--title-92--554.APPENDIX}
**History**
- *Source: Repealed at 11 Ill. Reg. 3248, effective February 3, 1987*
##### **92 Ill. Adm. Code 554.APPENDIX** G Application for Establishment of an Open Account with the Permit Section, Bureau of Traffic (form Bt 1932) (repealed) {#sec-554.appendix omnilex-key=us-il-regs-official--title-92--554.APPENDIX}
**History**
- *Source: Repealed at 11 Ill. Reg. 3248, effective February 3, 1987*
##### **92 Ill. Adm. Code 554.APPENDIX** H Bond for Payment of Special Permit Fees and Charges to Illinois Department of Transportation for Movement of Vehicles of Excess Dimensions or Weight Over Illinois Highways (form Bt 1931) (repealed) {#sec-554.appendix omnilex-key=us-il-regs-official--title-92--554.APPENDIX}
**History**
- *Source: Repealed at 11 Ill. Reg. 3248, effective February 3, 1987*
#### **Part 556** Transporting Pupils Where Walking Constitutes a Serious Safety Hazard
##### **92 Ill. Adm. Code 556.100** Authority (repealed) {#sec-556.100 omnilex-key=us-il-regs-official--title-92--556.100}
**History**
- *Source: Repealed at 25 Ill. Reg. 16518, effective December 18, 2001*
##### **92 Ill. Adm. Code 556.101** References to Rules (repealed) {#sec-556.101 omnilex-key=us-il-regs-official--title-92--556.101}
**History**
- *Source: Repealed at 25 Ill. Reg. 16518, effective December 18, 2001*
##### **92 Ill. Adm. Code 556.102** Purpose and Scope (renumbered) {#sec-556.102 omnilex-key=us-il-regs-official--title-92--556.102}
**History**
- *Source: Renumbered to Section 556.110 at 25 Ill. Reg. 16518, effective December 18, 2001*
##### **92 Ill. Adm. Code 556.103** Walking Along a Roadway (type I Hazard) (renumbered) {#sec-556.103 omnilex-key=us-il-regs-official--title-92--556.103}
**History**
- *Source: Renumbered to Section 556.120 at 25 Ill. Reg. 16518, effective December 18, 2001*
##### **92 Ill. Adm. Code 556.104** Walking on a Roadway (type Ii Hazard) (renumbered) {#sec-556.104 omnilex-key=us-il-regs-official--title-92--556.104}
**History**
- *Source: Renumbered to Section 556.130 at 25 Ill. Reg. 16518, effective December 18, 2001*
##### **92 Ill. Adm. Code 556.105** Crossing a Roadway (type Iii Hazard) (renumbered) {#sec-556.105 omnilex-key=us-il-regs-official--title-92--556.105}
**History**
- *Source: Renumbered to Section 556.140 at 25 Ill. Reg. 16518, effective December 18, 2001*
##### **92 Ill. Adm. Code 556.106** Crossing Railroad Tracks (type Iv Hazard) (renumbered) {#sec-556.106 omnilex-key=us-il-regs-official--title-92--556.106}
**History**
- *Source: Renumbered to Section 556.150 at 25 Ill. Reg. 16518, effective December 18, 2001*
##### **92 Ill. Adm. Code 556.107** Multiple Hazards (renumbered) {#sec-556.107 omnilex-key=us-il-regs-official--title-92--556.107}
**History**
- *Source: Renumbered to Section 556.160 at 25 Ill. Reg. 16518, effective December 18, 2001*
##### **92 Ill. Adm. Code 556.108** Procedures (renumbered) {#sec-556.108 omnilex-key=us-il-regs-official--title-92--556.108}
**History**
- *Source: Renumbered to Section 556.170 at 25 Ill. Reg. 16518, effective December 18, 2001*
##### **92 Ill. Adm. Code 556.110** Purpose {#sec-556.110 omnilex-key=us-il-regs-official--title-92--556.110}
This Part establishes guidelines and procedures for determining the existence of a serious safety hazard and applies to serious safety hazards encountered by pupils walking on or along roadways, crossing roadways and crossing railroad tracks. This determination allows for the State Board of Education to provide busing reimbursement to school districts that choose to transport pupils residing within 1-1/2 miles from the school attended where conditions are such that walking, either to or from the school to which a pupil is assigned for attendance or to or from a pick-up point or bus stop, constitutes a serious hazard to the safety of the pupil due to vehicular traffic or rail crossings. Such transportation shall not be provided if adequate transportation for the public is available. (Section 29-3 of the School Code [105 ILCS 5/29-3])
**History**
- *Source: Renumbered from Section 556.102 to Section 556.110 and amended at 25 Ill. Reg. 16518, effective December 18, 2001*
##### **92 Ill. Adm. Code 556.115** Definitions {#sec-556.115 omnilex-key=us-il-regs-official--title-92--556.115}
The following words or phrases when used in this Part shall have the meanings ascribed to them below.
"Controls providing pedestrian protection" – Either of the following:
All way stop – all approaches to the intersection are required by signs to stop; or
Adult crossing guards – any intersection where traffic is stopped by an adult crossing guard, regardless of other traffic controls.
"Crossing protection" –
Crossbucks only – An "X" shaped sign mounted upon a post at a rail-highway crossing inscribed with the words "Railroad" on one panel and "Crossing" on the other.
Active protection – Any protection that is designed to be actuated by the approach of an oncoming train (including lights, bells and gates) or protection by a crossing guard.
"Curb" – A vertical or sloping barrier along a roadway at least 4 inches high, clearly defining the edge to motorists.
"Department" – The Illinois Department of Transportation, acting through its District Engineers.
"Length of hazardous section" – The length (rounded to the nearest tenth of a mile) of the hazardous condition to which pupils walking along a roadway are exposed. For Type I hazards (see Section 556.120), it is limited to those sections where pupils walk on a shoulder within 10 feet of the roadway or behind a curb or ditch within 8 feet of the roadway. For Type II hazards (see Section 556.130), it is limited to those sections where pupils must walk on the roadway because no shoulder or walkway exists off the pavement, or because of a narrow bridge or underpass. All of the pupils covered by the submittal must walk the complete length of the hazardous section. The length may be scaled from a map or measured by a "walking wheel", or a car odometer.
"Narrow bridge or underpass" – A narrow bridge or underpass that forces pupils walking to school, because of the narrowness of the structure and its lack of a sidewalk, to walk on the roadway for a minimum of 50 feet.
"No stop control" – When no stop signs or traffic signals exist on the roadway the pupils are crossing, requiring vehicles to stop. Yield signs are not stop controls.
"Number of tracks" – The total number of tracks that carry trains during periods when pupils are normally going to and from school. Example: If 2 tracks carry trains during the morning period and one of those tracks carries trains during the afternoon period, the number of tracks is 2.
"Number of trains" – The daily number of trains passing through the crossing during the periods when pupils are normally going to and from school. This number may be obtained from railroad companies or by counting trains. Example: If 2 trains cross in the morning period and 1 crosses in the afternoon period, the number of trains is 3.
"Roadway" – The portion of a road, street or highway on which vehicles travel, consisting of the pavement surface, exclusive of the shoulders.
"School Code" – 105 ILCS 5/29-5.2.
"Shoulder" – The relatively flat area between the outer edge of a roadway with no curb and the point where the earth begins sloping either upward or downward, intended for the accommodation of stopped vehicles or for emergency use.
"Speed of traffic" – The speed of traffic shall be based on the posted speed limit. In special school speed zones as authorized by Section 11-605 of the Vehicle Code [625 ILCS 5/11-605], the speed limit that is in force when the special school speed zone is not in effect shall be used. If speed limit signs are not present, the speed of traffic shall be considered to be 30 miles per hour in an urban area and 55 miles per hour in a rural area.
"Train" – One locomotive by itself, 2 or more locomotives coupled together, or one or more locomotives with train cars.
"Train speed" – The highest lawful speed at the crossing. This may be obtained from either the railroad company or the Illinois Commerce Commission, or local law enforcement officials may use radar.
"Volume of traffic" – The peak hourly volume of traffic during the periods when pupils are going to or from school. In many cases, Average Daily Traffic (ADT) volumes may be available from the agency maintaining a road (the State or county highway department or municipal street department). In those cases the hourly volumes may be considered as 15 percent of the ADT in rural areas and 10 percent in urban areas. If no ADT figures are available, or if the school district prefers, it may make a one hour count (of vehicles in both directions) on a typical school day (e.g., 7:30 a.m.-8:30 a.m., 2:30 p.m.-3:30 p.m., or, for kindergarten pupils, during the noon hour period).
"Walkway" – The area on which pupils normally walk along a street or highway, including a concrete sidewalk, a surfaced or unsurfaced pathway, or a roadway shoulder. The walkway, when immediately adjacent to the roadway, must be at least 2 feet in width and maintained in suitable walking condition throughout the school year; otherwise, the pupils should be considered walking on the roadway, a Type II hazard. Walkway also includes pathways created by school districts or other groups on public land that may be used by pupils to avoid a more hazardous route.
**History**
- *Source: Added at 25 Ill. Reg. 16518, effective December 18, 2001*
##### **92 Ill. Adm. Code 556.120** Walking Along a Roadway (type I Hazard) {#sec-556.120 omnilex-key=us-il-regs-official--title-92--556.120}
a) A serious Type I safety hazard exists if the total of the points from the tables and any judgment points equals or exceeds 12 and the situation qualifies for points from at least Tables 1, 2 and 5. The situation is not disqualified if no points are obtained from Tables 3 and 4. School districts should add judgment points if found proper even though the points from the tables alone equal or exceed 12.
b) Determination of serious safety hazard.
1) Factors to be considered. The following factors are relevant in determining whether children walking along a roadway are endangered by a serious safety hazard: grade of pupil, location of walkway in relation to roadway, speed of traffic, volume of traffic and length of hazardous sections. To determine whether a serious safety hazard exists in a particular situation, a school board shall assign points as appropriate for these factors using the following tables (fractional points may be assigned only in accordance with the tables):
A) Grade of Pupil – Table 1
GRADE
POINTS
K-8
5
9-12
2
B) Location of Walkway – Table 2
LOCATION
DIST. BETWEEN EDGES
OF ROADWAY AND WALK*
POINTS
Walkway on Shoulder
(no curb present)
Less than 5 Ft.
5 Ft. – 10 Ft.
3
1
Walkway Behind
Curb or Ditch
Less than 4 Ft.
4 Ft. – 8 Ft.
2
0.5
* Pupils walking immediately adjacent to the roadway on a walkway less than 2 feet in width are considered to be walking on the roadway.
C) Speed of Traffic – Table 3
SPEED (MPH)
POINTS
50-55
4
40-45
2
30-35
0.5
D) Volume of Traffic – Table 4
HOURLY VOLUME
POINTS
2-Lane
4-Lane
Greater than 1500
5
4
1200-1500
4
3
800-1199
3
2
400-799
2
1
100-399
1
0.5
E) Length of Hazardous Section – Table 5
DISTANCE (MILES)
POINTS
Greater than 1.0
2
0.8 – 1.0
1.5
0.5 – 0.7
1
0.2 – 0.4
0.5
2) Judgment points. A school district may add one or two points for judgment factors peculiar to the hazards due to vehicular traffic in a specific situation. These additions must be accompanied by adequate information to justify the special circumstances being considered.
3) Examples:
A) Pupils going to an elementary school with pupils through 5th grade, on a walkway 4' from the roadway on a shoulder, along a 2-lane road posted 50 m.p.h., with an hourly average volume of 500 vehicles, for a distance of ½ mile, would have the following points:
5(Table 1) + 3(Table 2) + 4(Table 3) + 2(Table 4) + 1(Table 5) = 15
Since the point total (15) exceeds 12, the situation qualifies for all pupils at the school.
B) Pupils going to an elementary school with pupils through 6th grade, on a walkway 3' from a 4-lane roadway that has curbs and is posted at 25 m.p.h., with an hourly average volume of 1300 vehicles, for a distance of 1¼ mile, would have the following points:
5(Table 1) + 2(Table 2) + 0(Table 3) + 3(Table 4) + 2(Table 5) = 12
Since the point total equals 12, the situation qualifies for pupils through 6th grade. Points from tables 1, 2 and 5 (but not 3 and 4) are required to qualify for this type (Type I) of hazardous situation.
**History**
- *Source: Renumbered from Section 556.103 to Section 556.120 and amended at 25 Ill. Reg. 16534, effective December 18, 2001*
##### **92 Ill. Adm. Code 556.130** Walking on a Roadway (type Ii Hazard) {#sec-556.130 omnilex-key=us-il-regs-official--title-92--556.130}
a) Qualification. A serious Type II safety hazard exists if the total of the points from the tables and any judgment points equals or exceeds 12 and the situation qualifies for points from at least Tables 6, 7 and 10. The situation is not disqualified if no points are obtained from Tables 8 and 9. School districts should add judgment points if found proper even though the points from the tables alone equal or exceed 12.
b) Determination of serious safety hazard.
1) Factors to be considered. The following factors are relevant in determining whether pupils who must walk on a roadway are endangered by a serious safety hazard: grade of pupil, reason for walking on the roadway, speed of traffic, volume of traffic, and length of hazardous section. To determine whether a serious safety hazard exists in a particular situation, a school board shall assign points as appropriate for these factors using the following tables (fractional points may be assigned only in accordance with the tables):
A) Grade of Pupil – Table 6
GRADE
POINTS
K-8
5
9-12
2
B) Reason for Walking on Roadway – Table 7
LOCATION
POINTS
On roadway* for a minimum of 350 feet because no shoulder or walkway exists off the pavement.
3
On roadway* for a minimum of 50 feet because of a narrow bridge or underpass.
4
* Pupils walking immediately adjacent to the roadway on a walkway less than 2 feet in width are considered to be walking on the roadway.
C) Speed of Traffic – Table 8
SPEED (MPH)
POINTS
50-55
4
40-45
2
30-35
0.5
D) Volume of Traffic – Table 9
HOURLY VOLUME
POINTS
2-Lane
4-Lane
Greater than 1500
5
4
1200-1500
4
3
800-1199
3
2
400-799
2
1
100-399
1
0.5
E) Length of Hazardous Section – Table 9
DISTANCE (MILES)
POINTS
Greater than 1.0
5
0.8 – 1.0
4
0.5 – 0.7
3
0.2 – 0.4
2
Less than 0.2
1
2) Judgment points. A school district may add one or two points for judgment factors peculiar to the hazards due to vehicular traffic in a specific situation. These additions must be accompanied by adequate information to justify the special circumstances being considered.
3) Examples:
A) Pupils going to a school with pupils through 12th grade, walking on a roadway for 100 feet because of a narrow bridge on a two-lane road posted 50 miles per hour, with an hourly average volume of 500 vehicles, would have the following points:
2(Table 6) + 4(Table 7) + 4(Table 8) + 2(Table 9) + 1(Table 10) = 13
Since the point total (13) exceeds 12, all pupils through 12th grade would qualify. (Note that pupils through 8th grade would be eligible for additional points from Table 6, but since pupils through 12th grade qualify, only one submittal is required.)
B) Pupils going to a school with pupils through 6th grade, walking 250 feet on a 2-lane roadway posted for 50 miles per hour with no shoulder or walkway, with an hourly volume of 500 vehicles would have the following points:
5(Table 6) + 0(Table 7) + 4(Table 8) + 2(Table 9) + 1(Table 10) = 12
Although the point total is 12, the situation would not qualify because points from Tables 6, 7 and 10 are required to qualify for this type (Type II) of hazardous situation. The situation did not qualify for points from Table 7 because it existed only for a length of 250 feet.
**History**
- *Source: Renumbered from Section 556.104 to Section 556.130 and amended at 25 Ill. Reg. 16534, effective December 18, 2001*
##### **92 Ill. Adm. Code 556.140** Crossing a Roadway (type Iii Hazard) {#sec-556.140 omnilex-key=us-il-regs-official--title-92--556.140}
a) Qualification. A serious Type III safety hazard exists if the total of the points from the tables and any judgment points equals or exceeds 12 and the situation qualifies for points from at least Tables 11, 12 and 14. The situation is not disqualified if no points are obtained from Table 13. School districts should add judgment points if found proper even though the points from the tables alone equal or exceed 12.
b) Determination of serious safety hazard.
1) Factors to be considered. The following factors are relevant in determining whether pupils crossing a roadway are endangered by a serious safety hazard: grade of pupil, type of intersection control, speed and volume of traffic, and width of roadway. To determine whether a serious safety hazard exists in a particular situation, a school board shall assign points as appropriate for these factors using the following tables (fractional points may be assigned only in accordance with the tables):
A) Grade of Pupil – Table 11
GRADE
POINTS
K-8
5
9-12
2
B) Type of Intersection Control – Table 12
CONTROLS ON ROADWAY
BEING CROSSED
POINTS
No stop control
3
Traffic signals
2
Two-way stop control
1
Control providing pedestrian protection. (All way stop, or adult crossing guards.)
0.5
Where pupils must cross more than one roadway at an intersection, the control with greatest point value should be considered.
C) Speed and Volume of Traffic – Table 13
SPEED (MPH)
HOURLY VOLUMES
POINTS
Greater than 1500
5
1000 – 1500
4
45 - 55
500 – 999
3
250 – 499
2
100 – 249
1
Greater than 1500
4
1000 – 1500
3
30 - 40
500 – 999
2
250 – 499
1
Greater than 1500
3
Less than 30
1000 – 1500
2
500 – 999
1
D) Width of Roadway – Table 14
WIDTH (FT)
POINTS
40 or Greater
2
25-39
1
24 or Less
0.5
2) Judgment points. A school district may add one or two points for judgment factors peculiar to the hazards due to vehicular traffic in a specific situation. These additions must be accompanied by adequate information to justify the special circumstances being considered.
3) Examples:
Pupils going to a junior high school with pupils from 6th through 9th grades, crossing a highway at an intersection where the highway traffic is not required to stop, that is posted 45 m.p.h., has an hourly volume of 600, and is 48' wide, would have the following points:
2(Table 11) + 3(Table 12) + 3(Table 13) + 2(Table 14) = 10
Since the point total is less than 12, all pupils through 9th grade would not qualify. However, pupils through 8th grade would qualify and if special considerations could justify two judgment points, pupils up through 9th grade would qualify.
**History**
- *Source: Renumbered from Section 556.105 to Section 556.140 and amended at 25 Ill. Reg. 16534, effective December 18, 2001*
##### **92 Ill. Adm. Code 556.150** Crossing Railroad Tracks (type Iv Hazard) {#sec-556.150 omnilex-key=us-il-regs-official--title-92--556.150}
a) Qualification. A serious Type IV safety hazard exists if a situation qualifies for points from all of Tables 15 through 17 and the total of the points from the tables and any judgment points equals or exceeds 12. School districts should add judgment points if found proper even though the points from the tables alone equal or exceed 12.
b) Determination of serious safety hazard.
1) Factors to be considered. The following factors are relevant in determining whether pupils crossing railroad tracks are endangered by a serious safety hazard: grade of pupil, crossing protection and number of tracks, and speed and number of trains. To determine whether a serious safety hazard exists in a particular situation, a school board shall assign points as appropriate for these factors, using the following tables (fractional points may be assigned only in accordance with the tables):
A) Grade of Pupil – Table 15
GRADE
POINTS
K-8
5
9-12
2
B) Crossing Protection and Number of Tracks – Table 16
NUMBER OF TRACKS
POINTS
(In use during school crossing hours)
Active Protection
Crossbucks Only
3 or more
3
5
2
2
4
1
1
2
C) Speed and Number of Trains – Table 17
DAILY NUMBER OF TRAINS
POINTS
(During School
crossing periods)
TRAIN SPEED (MPH)
Less than 40
40 or Greater
4 or more
4
5
3
3
4
2
2
3
1
1
2
2) Judgment points. A school district may add one or two points for judgment factors peculiar to the hazards due to vehicular traffic in a specific situation. These additions must be accompanied by adequate information to justify the special circumstances being considered.
3) Examples:
Pupils going to an elementary school with pupils through 9th grade, crossing a 2-track crossing with flashing lights, that has 3 trains crossing daily during the periods pupils are going to and from school, at speeds up to 49 m.p.h., and where there are also switching operations that would justify 2 judgment points, would have the following points:
2(Table 15) + 2(Table 16) + 4(Table 17) + 2(judg.) = 10
Since the point total is less than 12, the pupils in 9th grade would not qualify but those in K through 8th grade would. An application for pupils only through 8th grade should be submitted.
**History**
- *Source: Renumbered from Section 556.106 to Section 556.150 and amended at 25 Ill. Reg. 16534, effective December 18, 2001*
##### **92 Ill. Adm. Code 556.160** Multiple Hazards {#sec-556.160 omnilex-key=us-il-regs-official--title-92--556.160}
a) Pupils walking to school may encounter multiple hazardous situations. A serious safety hazard exists if the total of the points from the tables and any judgment points for any two situations encountered by the same pupils equals or exceeds 20 points. Multiple hazards consist of the two worst hazard situations.
b) Examples:
1) Pupils through 12th grade walking on a shoulder 4' wide where there is no curb, along a 2-lane road posted at 40 m.p.h. with an hourly volume of 1100 vehicles, for a distance of 0.5 mile, would have the following points for this Type I hazard (see tables in Section 556.120(b)(1)):
2(Table 1) + 3(Table 2) + 2(Table 3) + 3(Table 4) + 1(Table 5) = 11
This situation alone would not qualify.
2) The same pupils also cross the same 2-lane road which is 30' wide at the crossing where there is no intersection control for the roadway being crossed. The points for this Type III hazard are as follows (see tables in Section 556.140(b)(1)):
2(Table 11) + 3(Table 12) + 3(Table 13) + 1(Table 14) = 9
This situation alone would not qualify. However, the same pupils encounter both situations and since the point total for both situations equals 20, there exists a serious safety hazard for pupils through 12th grade.
**History**
- *Source: Renumbered from Section 556.107 to Section 556.160 and amended at 25 Ill. Reg. 16518, effective December 18, 2001*
##### **92 Ill. Adm. Code 556.170** Procedures {#sec-556.170 omnilex-key=us-il-regs-official--title-92--556.170}
a) Determination by local school board.
The determination by a local school board that a serious safety hazard exists or does not exist shall be made in accordance with this Part, and on a form promulgated by the Department. A separate form is required for each location and not for each pupil. A school board's determination shall be supported by findings on those factors that were found to contribute to the hazard. Findings shall be indicated by completion of appropriate portions of the submittal form. Example: Speed of traffic (45 m.p.h.). Volume of traffic (900 vehicles/hour). Length of hazardous section (1.2 miles). Each submittal shall be certified true and correct by an authorized representative of the school board making the submission. Long-term construction projects may have an effect on the safety of a route used by pupils walking to and from school. This could include increases in the hourly volumes of traffic, a change in the length of a hazardous section or a relocation of a walkway. Consideration of these factors may result in a serious safety hazard finding for a route that would not otherwise qualify for such a finding. Where this is the case, a temporary safety hazard determination may be made on a school year by school year basis. The decision to conduct a serious safety hazard study in accordance with this Part may be made independently by the school board. However, such a study is required to be made by the school board when requested in writing to do so by a parent or guardian of a pupil who must walk along the route in question.
b) Submission of determination. A school board shall submit the determination form and a map showing the location of the hazard and the route walked by the pupils to the Department for review. The submittal may include other materials, such as photographs, the school board believes will aid in the Department's review. All parts of the submittal shall be in documentary form. A school board shall make its submission to the Department's District Office in which the school district is situated. A school board need not submit forms to the Department that do not support a finding of a serious safety hazard unless requested in writing to do so by a custodian of a pupil who must walk along the route in question.
c) Department review.
1) Within 30 days after submission, the Department will approve or disapprove the school board's determination. If a submittal is incomplete, the Department will disapprove without prejudice and inform the school district why it is considered incomplete. If a submittal is complete, it will be reviewed by the District Office. Each form will be considered as a separate submission and an incomplete submittal will not delay approval of others submitted at the same time.
2) The Department's review will consist of those procedures appropriate to determine the correctness of the findings. The procedures may include the following: visiting the route in question, consulting traffic count records or counting vehicles, measuring length and width of roadways, observing train movements and obtaining train speeds from railroads, regulatory authorities or law enforcement officials. The persons conducting the review will document the procedures employed and information obtained.
3) If a determination is disapproved, the Department will, in writing, inform the school board why and upon what information the Department's decision was based. A determination will not be disapproved because judgment points were not justified unless the school board gives no reason for the judgment points or unless the reason given is completely implausible or obviously not related to vehicular traffic.
4) A disapproved determination may not be resubmitted for Department review during the same school year in which it was originally submitted, unless conditions have changed. However, a determination that is disapproved because of incompleteness may be resubmitted at any time.
d) Verification upon request from State Superintendent.
The School Code provides that school districts shall annually review the conditions and certify to the State Superintendent of Education whether or not the hazardous conditions remain unchanged. The State Superintendent may request the Department to verify that conditions have not changed. Any such request by the State Superintendent shall be made to the Secretary of the Department. The Secretary will assign a request for verification to the appropriate District Office.
e) Reimbursement.
A school district shall maintain a copy of each approved safety busing submittal in its files for future auditing of district transportation claims. Eligibility for reimbursement of transportation costs for qualifying pupils are effective on the date of the approval by the Department's District Engineer. Actual reimbursement will be handled in a manner similar to other transportation reimbursement procedures and questions should be referred to the State Superintendent of Education, rather than the Department. Questions regarding statutory provisions such as providing transportation for private schools and the prohibition of State reimbursement where adequate public transportation is available should also be addressed to the State Superintendent.
**History**
- *Source: Renumbered from Section 556.108 to Section 556.170 and amended at 25 Ill. Reg. 16518, effective December 18, 2001*
#### **Part 557** Custodial Transportation of Pupils Where Walking Constitutes a Serious Safety Hazard
##### **92 Ill. Adm. Code 557.100** Purpose {#sec-557.100 omnilex-key=us-il-regs-official--title-92--557.100}
This Part establishes guidelines and procedures for determining the existence of serious safety hazards encountered by pupils walking on or along roadways, crossing roadways and crossing railroad tracks. This determination allows for the State Board of Education to provide reimbursement of transportation costs to custodians who choose to transport pupils residing within 1½ miles from the school attended where vehicular traffic conditions are such that walking constitutes a serious hazard to the safety of the pupils and access to transportation provided entirely at public expense is not available (Section 29-5.2(c) of the School Code [105 ILCS 5/29-5.2(c)]). Both custodians and qualifying pupils must be residents of the State of Illinois (Section 29-5.2(b)(1)(A) of the School Code).
**History**
- *Source: Amended at 25 Ill. Reg. 16534, effective December 18, 2001*
##### **92 Ill. Adm. Code 557.110** Definitions {#sec-557.110 omnilex-key=us-il-regs-official--title-92--557.110}
The following words or phrases when used in this Part shall have the meanings ascribed to them below.
"Active Protection" – Any protection device that is designed to be actuated by the approach of an oncoming train (including lights, bells and gates) or protection by a crossing guard.
"Crossbucks Only" – Protection provided only by an "X" shaped sign mounted on a post at a rail-highway crossing inscribed with the words "Railroad" on one panel and "Crossing" on the other.
"Curb" – A vertical or sloping barrier along a roadway at least four inches high, clearly defining the edge of a roadway.
"Department" – The Illinois Department of Transportation, acting through its District Engineers.
"Roadway" – The portion of a road, street or highway on which vehicles travel, consisting of the pavement surface, exclusive of the shoulders.
"School Code" – 105 ILCS 5/29-5.2.
"Shoulder" – The relatively flat area between the outer edge of a roadway with no curb and the point where the earth begins sloping either upward or downward, intended for the accommodation of stopped vehicles or for emergency use.
"Speed of Traffic" – The speed of traffic shall be based on the posted speed limit. In special school speed zones as authorized by Section 11-605 of the Illinois Vehicle Code [625 ILCS 5/11-605], the speed limit that is in force when the special school speed zone is not in effect shall be used. If speed limit signs are not present, the speed of traffic shall be considered to be 30 miles per hour in an urban area and 55 miles per hour in a rural area.
"Volume of Traffic" – The volume of traffic shall be classified as light, moderate or heavy on the basis of a five minute vehicular traffic count during either the morning or afternoon crossing period. The morning afternoon crossing period is that time of day when pupils are crossing or passing through hazardous locations. Volume of traffic shall be classified through the use of the following:
VOLUME
2-LANES
(1 OR 2 WAY)
3-LANES/MORE (1 WAY)
4-LANES/MORE (2 WAY)
Heavy
More than 40 vehicles
More than 60 vehicles
Moderate
20-40 vehicles
40-60 vehicles
Light
Less than 20 vehicles
Less than 40 vehicles
**History**
- *Source: Amended at 25 Ill. Reg. 16534, effective December 18, 2001*
##### **92 Ill. Adm. Code 557.120** Determination {#sec-557.120 omnilex-key=us-il-regs-official--title-92--557.120}
The determination of a serious safety hazard will be made on the basis of the number of points the hazardous conditions along a school route accumulates when rated in accordance with this Part. When a pupil encounters a combination of hazardous conditions, the determination of a serious safety hazard will be made on the basis of the total number of points for any two situations as accumulated under this Part. Reimbursement will be given for transporting a pupil who must walk through a section that produces at least the following points:
GRADES
SINGLE TYPE I, II OR III HAZARD
COMBINATION OF TWO TYPE I, II AND/OR III HAZARDS
K-8
10 points
18 points
9-12
15 points
27 points
**History**
- *Source: Amended at 25 Ill. Reg. 16534, effective December 18, 2001*
##### **92 Ill. Adm. Code 557.130** Walking on or Along a Roadway (type I Hazard) {#sec-557.130 omnilex-key=us-il-regs-official--title-92--557.130}
In determining whether a pupil walking on or along a roadway is endangered by a serious safety hazard, the location of a pupil in relation to the roadway, speed and volume of traffic, and length of hazardous section will be considered. To determine whether a serious safety hazard exists in a particular situation, appropriate points from subsections (a) and (b) will be added together.
a) Type and Length of Hazardous Section
LOCATION OF PUPIL
LENGTH
POINTS
On roadway for a minimum of 50' because of narrow bridge or overpass
50' - 100'
100' - 200'
More than 200'
7 points
9 points
10 points
On roadway for a minimum of 300' because of no shoulder or sidewalk
300' - 1000'
1000' - 2000'
More than 2000'
7 points
9 points
10 points
On narrow shoulder within 5' of roadway for a minimum of 0.2 mile
0.2 - 0.5 mile'
0.5 - 1 mile
More than 1 mile
6 points
8 points
10 points
b) Speed and Volume of Traffic
SPEED
VOLUME
POINTS
50 - 55 mph
Heavy
Moderate
Light
8
6
4
40 - 45 mph
Heavy
Moderate
Light
6
4
2
30 - 35 mph
Heavy
Moderate
Light
5
3
1
##### **92 Ill. Adm. Code 557.140** Crossing a Roadway (type Ii Hazard) {#sec-557.140 omnilex-key=us-il-regs-official--title-92--557.140}
In determining whether a pupil crossing a roadway is endangered by a serious safety hazard, the type of traffic control, number of lanes, and speed and volume of traffic on the roadway will be considered. To determine whether a hazard exists in a particular situation, appropriate points from subsections (a) and (b) will be added together.
a) Type of Traffic Control
CONTROL OF TRAFFIC ON ROADWAY BEING CROSSED
TWO LANES
THREE LANES OR MORE
Does Not Stop
6 points
8 points
Stopped by signals or stop sign
2 points
4 points
b) Speed and Volume of Traffic
SPEED
VOLUME
POINTS
50 - 55 mph
Heavy
Moderate
Light
8
6
4
40 - 45 mph
Heavy
Moderate
Light
6
4
2
30 - 35 mph
Heavy
Moderate
Light
5
3
1
**History**
- *Source: Amended at 25 Ill. Reg. 16534, effective December 18, 2001*
##### **92 Ill. Adm. Code 557.150** Crossing Railroad Tracks (type Iii Hazard) {#sec-557.150 omnilex-key=us-il-regs-official--title-92--557.150}
In determining whether a pupil crossing a railroad track is endangered by a serious safety hazard, the number of tracks, type of crossing protection, and number of daily trains during school crossing periods will be considered. To determine whether a hazard exists in a particular situation, appropriate points from subsections (a) and (b) will be added together.
a) Number of Tracks and Type of Protection
TYPE OF PROTECTION
NO. OF TRACKS
ACTIVE
CROSSBUCKS ONLY
3 or more
6 points
8 points
1 or 2
4 points
7 points
b) Number of Trains
NO. OF DAILY TRAINS DURING SCHOOL CROSSING PERIODS
POINTS
4 or more
7
3
6
2
5
1
4
**History**
- *Source: Amended at 25 Ill. Reg. 16534, effective December 18, 2001*
##### **92 Ill. Adm. Code 557.160** Procedures {#sec-557.160 omnilex-key=us-il-regs-official--title-92--557.160}
a) Request by custodian for determination.
A request by a custodian for a determination that a serious safety hazard exists shall be made in accordance with this Part, and on an application form promulgated by the Department). This form will be provided by the Superintendent of the Educational Service Region for the county in which the custodian resides. A custodian's request shall be supported by findings on those factors that were found to contribute to the hazard. Findings shall be indicated by completion of appropriate portions of the application form. Example: Speed of traffic (45 m.p.h). Volume of traffic (60 vehicles/five minute vehicular traffic count). Length of hazardous section (1.2 miles). Each submittal shall be certified true and correct by the custodian making the submission.
AGENCY NOTE: Long-term construction projects may have an effect on the safety of a route used by pupils walking to and from school. The effect may include increases in the type and length of the hazardous section, the speed and volume of the traffic, traffic control, the number of lanes of traffic to be crossed, the number of railroad tracks to be crossed, the type of railroad protection utilized and the number of daily trains passing during the school crossing periods. A request submitted using these revised figures may result in a serious safety hazard finding for a route that would not otherwise qualify for such a finding.
b) Submission of request.
An application form and a map or sketch showing the location of the hazard and the route walked by the pupil shall be submitted by the custodian to the Regional Superintendent of Education for the area in which the custodian is situated no later than February 1 of the school year for which reimbursement will be sought. On or before February 15 of each year, the Regional Superintendent will forward the request to the appropriate District Office of the Department (see Section 557.Illustration A, District Boundary Map for a listing of District addresses and phone numbers). The submittal may include other written materials, including photographs, that the custodian believes will aid in the Department's review.
c) Department review.
1) The Department will review and approve or disapprove the custodian's request within 30 days after submission of the request by the Regional Superintendent to the Department.
2) If a submittal is incomplete, the Department will disapprove it without prejudice and will, in writing, state why it is considered incomplete. A request that is disapproved because of incompleteness may be resubmitted by the custodian within 30 days after the custodian's receipt of notice by the Department that the request is incomplete.
3) The Department's review will consist of determining the correctness of the information shown on the application form. This review will include, but is not limited to, the following: viewing the location; consulting vehicular volume count maps or counting vehicles; measuring length and width of roadways; and observing train movements and obtaining train speeds from railroads, regulatory authorities or law enforcement officials. The persons conducting the review will document the procedures utilized and information obtained. Requests, whether approved or disapproved, will be returned to the Regional Superintendent for distribution to custodians. If a complete request is disapproved, the Department will, in writing, state why and upon what information the Department's decision was based.
d) Reimbursement.
Since the actual reimbursement to custodians is handled by the State Superintendent of Education, rather than the Department, custodians shall refer questions regarding reimbursement to the State Superintendent.
**History**
- *Source: Amended at 25 Ill. Reg. 16534, effective December 18, 2001*
##### **92 Ill. Adm. Code 557.ILLUSTRATION** A District Boundary Map {#sec-557.illustration omnilex-key=us-il-regs-official--title-92--557.ILLUSTRATION}
DISTRICT ENGINEERS
DISTRICT 1
201 W. Center Court
(Inside Delivery)
Schaumberg, Illinois 60196-1096
Phone: 847/705-4000
DISTRICT 2
819 Depot Avenue
Dixon, Illinois 61021-3546
Phone: 815/284-2271
DISTRICT 3
700 East Norris Drive
P.O. Box 697
Ottawa, Illinois 61350-0697
Phone: 815/434-6131
DISTRICT 4
401 Main Street
Peoria, Illinois 61602-1111
Phone: 309/671-3333
DISTRICT 5
Route I33 West – P.O. Box 610
Paris, Illinois 61944-0610
Phone: 217/465-4181
DISTRICT 6
126 East Ash Street
Springfield, Illinois 62704-4766
Phone: 217/782-7301
DISTRICT 7
400 West Wabash
Effingham, Illinois 62401-2699
Phone: 217/342-3951
DISTRICT 8
1102 Eastport Plaza Drive
Collinsville, Illinois 62234-6198
Phone: 618/346-3100
DISTRICT 9
State Transportation Building
P.O. Box 100
Carbondale, Illinois 62903-0100
Phone: 618/549-2171
#### **Part 558** Securement of Steel Coils and Other Objects on Flatbed Vehicles
##### **92 Ill. Adm. Code 558.10** Authority {#sec-558.10 omnilex-key=us-il-regs-official--title-92--558.10}
This Part is promulgated by authority contained in Illinois Revised Statutes, Chapter 95½, Section 15-109(c).
##### **92 Ill. Adm. Code 558.20** Title {#sec-558.20 omnilex-key=us-il-regs-official--title-92--558.20}
This Part, entitled "Securement of Steel Coils and Other Objects on Flatbed Vehicles," shall be known as Title 92, Chapter 1, Subchapter f, (Highways), Part 558 of the Illinois Department of Transportation Rules and Regulations (92 Ill. Adm. Code 558).
##### **92 Ill. Adm. Code 558.30** Scope {#sec-558.30 omnilex-key=us-il-regs-official--title-92--558.30}
This Part establishes regulations for protection against the shifting or falling of steel coils or other objects being transported on flatbed vehicles, which for the purposes of this rule are defined as all single vehicles having a flatbed and/or all combinations of vehicles that include one or more vehicles having a flatbed and are comprised of trucks, truck tractors, semitrailers and/or trailers. This Part applies to all persons operating flatbed vehicles on any highway in this State, provided, however, this Part does not apply to the transportation of hazardous materials on flatbed vehicles where such transportation is subject to regulation under the Illinois Hazardous Materials Act or the regulations pursuant thereto.
##### **92 Ill. Adm. Code 558.40** Regulations for Securing Cargo {#sec-558.40 omnilex-key=us-il-regs-official--title-92--558.40}
Each flatbed vehicle on which objects meeting the limits indicated in paragraph (d) or (e) of this section are being transported must be equipped with devices providing protection against shifting or falling cargo. These devices must meet the requirements of at least one of the following paragraphs – (a), (b), (c), or (d) – and, in addition, must conform to the rules in Sections 558.50, 558.60, and 558.70.
a) The flatbed vehicle must have sides, sideboards, or stakes and a rear endgate, endboard, or stakes. Those devices must be strong enough and high enough to assure that cargo will not shift upon, or fall from, the vehicle. Those devices must have no aperture large enough to permit cargo in contact with one or more of the devices to pass through it.
b) The flatbed vehicle must have at least one tiedown assembly that meets the requirements of Section 558.50 for each 10 linear feet of lading or fraction thereof. In addition, the vehicle must have as many additional tiedown assemblies meeting the requirements of Section 558.50 as are necessary to secure all cargo being transported either by direct contact between the cargo and the tiedown assemblies or by dunnage which is in contact with the cargo and is secured by tiedown assemblies. Tiedown assemblies or dunnage in contact with sufficient exterior (including topmost) pieces of the cargo and securely holding each interior piece comply with this requirement.
c) The flatbed vehicle must have other means of protecting against shifting or falling cargo which are at least as effective as those specified in paragraph (a) or (b) of this Section.
d) Whenever a motor carrier transports one or more coils of metal which, individually or as a combination banded together, weigh 5,000 pounds or more and the vehicle does not conform to the rules in paragraphs (a), (b), or (c) of this Section, the coils shall be secured as listed below. The same tiedown assembly shall not be used to comply with more than one of the requirements of paragraphs (d)(1)(A), (B), or (C) of this Section.
1) Coils with eyes vertical (see Illustration A – Figure 1): One or more coils which are grouped and loaded side by side in a transverse or longitudinal row must be secured by all three of the following tiedown assemblies –
A) A tiedown assembly against the front of the coil or row of coils, restraining against forward motion; and
B) A tiedown assembly against the rear of the coil or row of coils, restraining against rearward motion; and
C) A tiedown assembly over the top of each coil or transverse row of coils, restraining against vertical motion.
2) Coils with eyes crosswise (see Illustration A-Figure 2): Each coil transverse row of coils loaded side by side and having approximately the same outside diameters must be secured by –
A) A tiedown assembly through the eye of each coil, restricting against forward motion and making an angle of less than 45 degrees with the horizontal when viewed from the side of the vehicle; and
B) A tiedown assembly through the eye of each coil, restricting against rearward motion and making an angle of less than 45 degrees with the horizontal when viewed from the side of the vehicle; and
C) Timbers, having a nominal cross section of 4 x 4 inches or more and a length which is at least 75 percent of the width of the coil or row of coils, tightly placed against both the front and rear sides of the coil or row of coils and restrained to prevent movement of the coil or coils in the forward and rearward directions.
D) If coils are loaded to contact each other in the longitudinal direction and relative motion between coils, and between coils and the vehicle, is prevented by tiedown assemblies and timbers –
i) Only the foremost and rearmost coils must be secured with timbers; and
ii) A single tiedown assembly, restricting against forward motion, may be used to secure any coil except the rearmost one, which must be restrained against rearward motion. However, in every case, at least one tiedown assembly shall be used for each coil or transverse row of coils.
3) Coils with eyes lengthwise (see Illustration A-Figure 3): A coil or transverse row of coils having approximately equal outside diameters and loaded side by side or a longitudinal row of coils having approximately equal outside diameters and loaded end to end must be secured as follows:
A) The coil or coils must be restrained against side-by-side and fore-and-aft movement by –
i) One or more tiedown assemblies over the top of each coil or transverse row; or
ii) Two or more tiedown assemblies through the eye of each coil or longitudinal row; or
iii) One or more tiedown assemblies, crossing from one side of the vehicle to the other, through the eye of each coil or longitudinal row of coils in a transverse row.
B) Timbers having nominal cross section of 4 x 4 inches or more must be tightly placed against the sides of each coil or against the outboard sides of each transverse row of coils which are loaded side by side so that the timbers restrain against side-to-side movement,
C) If, in accordance with paragraph (d)(3)(A)(i) of this Section, only one tiedown assembly over the top of each coil or transverse row of coils is used to restrain against side-to-side movement and fore-and-aft movement, timbers a nominal cross section of 2 x 4 inches or more and which are firmly secured to longitudinal blocking must be tightly placed against the front and back of each coil, each longitudinal row of coils, and each transverse row of coils in a manner which restricts forward and rearward movement.
4) Timber which is used for blocking must be sound lumber which is free of defects (such as knots or cracks) that materially reduce its strength.
5) Timbers need not be used on vehicles which have depressions in the floor or are equipped with other restraining devices which perform the functions specified for timbers by the rules in this Section.
6) As used in this Section, the term "nominal", when used to describe timber, means commercially dressed sizes generally designated by the dimensions indicated.
e) Except as provided in paragraph (e)(3) of this Section, whenever a motor carrier transports steel rolls or other objects including, but not limited to, cut-to-length bars, plates, rods, sheet and tin mill products, billets, blooms, ingots, slabs, structural shapes, or pipe, and other tubular products and those objects, either individually or as a combination of objects banded or boxed together and handled as a single unit, weigh more than 2,000 pounds, and the vehicle does not conform to the rules in paragraphs (a), (b), or (c) of this Section, the object shall be secured in the following manner:
1) A single object, a group of objects, or a combination of objects loaded side by side across the width of the vehicle must be secured by at least one tiedown assembly over its top for at least every 8 feet of its length and at least two tiedown assemblies securing each individual object or combination of objects banded or otherwise secured together and handled as a single unit. However, objects which individually have a strength of 8 feet or less and which are securely butted against each other in the fore-and-after direction may be secured by metal angles secured by tiedown assemblies, or they may be secured by a timber having a nominal cross section of 4 x 4 inches or more placed longitudinally over the objects and secured by tiedown assemblies. Tiedown assemblies may not be located beyond the ends of the object which they secure.
2) If objects are tiered and each tiered object rests securely on the one beneath it, the tier may be secured in the same manner as a single level of those objects is secured in accordance with the rules in this Section.
3) The rules in this paragraph do not apply to special loads consisting of machinery or fabricated structural items, such as beams, girders, and trusses, which are fastened by special methods. However, those loads must be securely and adequately fastened to the vehicle.
##### **92 Ill. Adm. Code 558.50** Securement Systems {#sec-558.50 omnilex-key=us-il-regs-official--title-92--558.50}
The rules in this Section apply to tiedown assemblies (including chains, cables, steel straps, and fiber webbing), other securement devices, and attachment or fastening devices used in conjunction therewith, which are used to secure cargo to motor vehicles in transit. All devices which are used to secure cargo to a motor vehicle in transit under the rules in this Part must conform to the requirements of this Section.
a) Tiedown assemblies. The aggregate static breaking strength of the tiedown assemblies used to secure an article against movement in any direction must be at least 1½ times the weight of that article. Chain used as a component of a tiedown assembly must conform to the requirements of the November, 1975 edition of the National Association of Chain Manufacturer's Welded Chain Specifications applicable to all types of chain. Steel strapping used as a component of a tiedown assembly must conform to the requirements of Federal Specification No. QQ-S-781H (as amended May 18, 1977). Copies of both of these specifications are available in the Illinois State Library and the office of the Illinois Department of Transportation. Steel strapping that is one inch wide or wider must have at least two pairs of crimps in each seal and, when end-over-end lap joints are formed, must be sealed with at least two seals.
b) Load binders and hardware. The strength of load binders and hardware that are part of, or used in conjunction with, a tiedown assembly must be equal to, or greater than, the minimum strength specified for that tiedown assembly in paragraph (a) of this Section.
c) Attachment to the vehicle. The hook, bolt, weld, or other connector by which a tiedown assembly is attached to a vehicle, and the mounting place and means of mounting the connector, must be at least as strong as the tiedown assembly when that connector is loaded in any direction in which the tiedown assembly may load it.
d) Winches or other fastenings. The anchorages of a winch or other fastening devices mounted on a vehicle and used in conjunction with a tiedown assembly must have a combined tensile strength equal to, or greater than, the strength of the tiedown assembly.
e) Adjustability. A tiedown assembly and its associated connectors and attachment devices must be designed, constructed, and maintained so that the driver of an in-transit vehicle can tighten them. However, the rules in this paragraph do not apply to a securement system in which the tiedown assembly consists of steel strapping or a tiedown assembly which is not required by the rules in this Section.
##### **92 Ill. Adm. Code 558.60** Blocking and Bracing {#sec-558.60 omnilex-key=us-il-regs-official--title-92--558.60}
a) Protection against longitudinal movement. When a flatbed vehicle carries cargo that is not firmly braced against a front-end structure that conforms to the requirements of Section 558.70, the cargo must be secured so that, when the vehicle decelerates at a rate of 20 feet per second per second, the cargo will remain on the vehicle and will not penetrate the vehicle's front-end structure.
b) Protection against lateral movement. When a vehicle carries cargo that may shift sideways in transit, the cargo must either be securely blocked or braced against the sides, sideboards, or stakes of the vehicle or be secured by devices that conform to the requirements of paragraph (b) or (c) of Section 558.40.
##### **92 Ill. Adm. Code 558.70** Front-End Structure {#sec-558.70 omnilex-key=us-il-regs-official--title-92--558.70}
a) General rule. Except as provided in paragraph (g) of this Section, every flatbed vehicle transporting objects meeting the limits indicated in Section 558.40(d) and (e) must be equipped with a headerboard or similar device of sufficient strength to prevent load shifting and penetration or crushing of the driver's compartment.
b) Location. The front-end structure must be located between the vehicle's cargo and the vehicle's driver.
c) Height and width. The front-end structure must extend either to a height of 4 feet above the floor of the vehicle or to a height at which it blocks forward movement of any item of cargo being carried on the vehicle, whichever is lower. The front-end structure must have a width which is at least equal to the width of the vehicle or which blocks forward movement of any item of cargo being transported on the vehicle, whichever is narrower.
d) Strength. The front-end structure must be capable of withstanding the horizontal forward static load specified in either paragraph (1) or (2) as follows.
1) For a front-end structure less than 6 feet in height, a horizontal forward static load equal to one half ½ of the weight of the cargo being transported on the vehicle uniformly distributed over the entire portion of the front-end structure that is within 4 feet above the vehicle's floor or that is at or below a height above the vehicle's floor at which it blocks forward movement of any item of the vehicle's cargo, whichever is less.
2) For a front-end structure 6 feet in height or higher, a horizontal forward static load equal to four-tenths (0.4) of the weight of the cargo being transported on the vehicle uniformly distributed over the entire front-end structure.
e) Penetration resistance. The front-end structure must be designed, constructed, and maintained so that it is capable of resisting penetration by any item of cargo that contacts it when the vehicle decelerates at a rate of 20 feet per second per second. The front-end structure must have no aperture large enough to permit any item of cargo in contact with the structure to pass through it.
f) Substitute devices. The requirements of this Section may be met by the use of devices performing the same functions as a front-end structure, if the devices are at least as strong as, and provide protection against shifting cargo at least equal to, a front-end structure which conforms to those requirements.
g) Exemptions. The following flatbed vehicles are exempt from the rules in this Section:
1) A vehicle which is designed and used exclusively to transport other vehicles, if each vehicle it transports is securely tied down by devices that conform to the requirements of 558.50.
2) A semitrailer being towed by a truck tractor that is equipped with a front-end structure that conforms to the rules in this section.
3) A full trailer being towed by a vehicle that is equipped with a front-end structure that conforms to the requirements of this section for a front-end structure.
4) A full trailer being towed by a vehicle that is loaded in such a manner that the cargo on the towing vehicle conforms to the requirements of this section for a front-end structure.
5) The rules in paragraphs (d) and (e) of this Section do not apply to a motor vehicle manufactured before January 1, 1974.
##### **92 Ill. Adm. Code 558.ILLUSTRATION** A Coil Loading Diagrams {#sec-558.illustration omnilex-key=us-il-regs-official--title-92--558.ILLUSTRATION}
#### **Part 562** Freeways and Control of Access
##### **92 Ill. Adm. Code 562.10** Freeway Determination {#sec-562.10 omnilex-key=us-il-regs-official--title-92--562.10}
a) The Department of Transportation determines what highways shall be declared freeways.
b) The Chief Highway Engineer shall make a study of the traffic volumes and the traffic conditions with respect to the safety of the traveling public on the State highways. From time to time, as conditions warrant, he shall make a report of his studies and investigations to the Secretary of the Department of Transportation with recommendations that certain State highways be declared freeways. Such recommendations shall specify the highways or portions thereof that shall be designated as freeways.
c) The Secretary shall review these reports and recommendations and after careful study and consideration he shall declare in writing which of the said highways or portions thereof are designated as freeways.
##### **92 Ill. Adm. Code 562.20** Definitions {#sec-562.20 omnilex-key=us-il-regs-official--title-92--562.20}
The following definitions have been adopted by the Department of Transportation for the purpose of administering the provisions of the Freeway Act.
"Freeway." A freeway is defined as a public highway especially designed for through traffic and to or from which owners of or persons having an interest in abutting property, or other persons, have no right of direct access or only limited right of direct access by reason of the fact that the said property abuts upon such highway, or for any other reason. On freeways to be constructed with complete control of access the physical means of access shall be limited to ramps, approaches or other facilities located, designed and constructed by the Department for entrance to and exit from the freeway by the general public.
"Local Service Drives." Local service drives, commonly called frontage roads, are roads located generally parallel and adjacent to the freeway traffic lanes. Their purpose is to provide means of indirect access to and from the freeway by the owners of, or persons having interests in the properties abutting the freeway, or any other persons. These local service drives or frontage roads may be either roads constructed by the Department on the freeway right of way or existing roads or streets adjacent to the freeway which shall be or have been designated as such local service drives or frontage roads by the Department.
##### **92 Ill. Adm. Code 562.30** Control of Access {#sec-562.30 omnilex-key=us-il-regs-official--title-92--562.30}
a) Complete. Access shall be controlled either
1) by constructing local service drives or frontage roads adjacent to the freeway and/or designating existing roads or streets as local service drives or frontage roads to provide access to the freeway from adjacent areas or
2) by extinguishing all rights of direct access of the abutting property owners to and from the freeway by purchase or eminent domain and eliminating all existing means of direct access. Where local service drives are to be constructed they shall be of appropriate design and construction and shall be separated from the freeway by parkways, curbs or other effective devices, and shall afford access to the freeway only at entrances provided for that purpose by the Department.
b) Modified.
1) Agricultural Areas.
A) By agreement or stipulation with the property owner, when access rights are being acquired, the Department may designate one point of direct access to the freeway from the abutting property to be used solely for agricultural or residential purposes.
B) Wherever property held under one ownership is severed by a freeway, the Department may grant a limited or restricted easement permitting crossing of the freeway at a designated location and under specified terms and conditions to be used solely for residential and/or agricultural purposes and for passage from one severed tract to the other. If such severed tracts at any time cease to be held under one ownership, the Department shall terminate and revoke the said easement.
2) Residential Areas. By agreement or stipulation with the property owner, when access rights are being acquired, the Department may designate one point of access to the freeway from the abutting property to be used solely for residential and/or agricultural purposes. Where several property owners have homes in a compact area one entrance by way of a frontage road may be provided. It is preferred to have such frontage road built by the owners to be served thereby and on their own properties.
3) Commercial Areas. Where commercial units are located on roads which intersect the freeway, access to the freeway is limited to that provided by the said intersecting roads. When these units are located in areas through which frontage roads are to be constructed, access to the freeway is limited to that by way of the frontage roads to designated access points. If such a unit is so located as not to fit in either of the above patterns, then the right of access to the freeway will be completely extinguished by purchase or condemnation.
##### **92 Ill. Adm. Code 562.40** Acquisition of Rights of Access {#sec-562.40 omnilex-key=us-il-regs-official--title-92--562.40}
a) Full Freeway.
1) When lands are being acquired as rights of way and frontage roads are to be constructed or designated, access rights will also be acquired with the agreement or stipulation that the grantor's means of access to the freeway shall be by the way of the frontage road.
2) When lands are not required as right of way from the abutting owner and no frontage road is to be constructed or designated through that area his rights of direct access will be completely extinguished by purchase or condemnation.
3) Where lands are not required as right of way from the abutting owner, but a frontage road is to be constructed in front of his property it will not be necessary to acquire a release of access rights from such an owner. In such a case his access to the freeway will be limited to that by way of the frontage road and so enforced by the Department.
4) Where an abutting owner's property lies between the freeway and an existing local road or street which has been designated as a local service drive or frontage road by the Department, the said owner's right of direct access will be acquired with the agreement or stipulation that his means of access to the freeway shall be by way of the said frontage road.
5) Where an existing road or street immediately adjacent to the freeway is designated as a frontage road it will not be necessary to acquire release of access rights from owners of lands abutting the said existing road or street. In such cases access to the freeway will be limited to that by way of the said existing road or street and so enforced by the Department.
b) Modified Freeway.
1) Agricultural and Residential Properties.
A) When lands are being acquired as rights of way and frontage roads are not to be constructed or designated, access rights will also be acquired with the agreement or stipulation designating one point of direct access to the freeway from the abutting property for agricultural and/or residential purposes only, provided that the Department has determined that such point of access is necessary. The Department will specify the design and location of the means of such access; will construct the physical facility therefor; and will enforce the terms and conditions of use thereof.
B) When lands are not required as right of way from the abutting owner and frontage roads are not to be constructed or designated, his access rights will be acquired with the agreement or stipulation designating one point of access to the freeway from the abutting property for agricultural and/or residential purposes only, provided that the Department has determined that such point of access is necessary. The Department will specify the design and location of the means of such access; will construct the physical facility therefor; and will enforce the terms and conditions of use thereof. The means of such access may be an existing entrance.
C) Where an abutting owner's property lies between the freeway and an existing local road or street which has been designated as a local service drive or frontage road by the Department, the said owner's right of direct access will be acquired with the agreement or stipulation that his means of access to the freeway shall be by way of the said frontage road.
D) Where an existing road or street immediately adjacent to the freeway is designated as a frontage road it will not be necessary to acquire a release of access rights from owners of land abutting the said existing road or street. In such cases access to the freeway will be limited to that by way of the said existing road or street and so enforced by the Department.
2) Commercial Areas. When lands are being acquired as rights of way, access rights will also be acquired with an agreement or stipulation depending upon conditions as follows:
A) When the grantor's property also fronts on a road or street intersecting the freeway, access to the freeway will be by way of said intersecting road. The distance along the said intersecting road from the near edge of the nearest traffic lane of the freeway through pavement to the point of entrance turnout shall be not less than the established minimum as specified by the Department's pattern of access control.
B) When the grantor's property does not front on an intersecting road or street and no frontage road is to be constructed through that area, his commercial access will be completely extinguished and by agreement or stipulation one point of access for agricultural or residential purposes will be designated if the grantor so requests. The Department will specify and enforce the terms and conditions thereof.
C) Where a frontage road is to be constructed in front of the owner's property his access to the freeway will be limited to that by way of the frontage road and so enforced by the Department.
D) Where lands are not required as rights of way for the freeway from abutting owner, rights of access will be acquired upon the conditions as outlined at (A) and (B) immediately above.
E) Where lands are not required as rights of way for the freeway from the abutting owner, but a frontage road is to be constructed in front of his property, it will not be necessary to acquire a release of access rights from such an owner. In such a case his access to the freeway will be limited to that by way of the frontage road and so enforced by the Department.
##### **92 Ill. Adm. Code 562.50** Enforcement of Access Control {#sec-562.50 omnilex-key=us-il-regs-official--title-92--562.50}
a) Initiating Control.
1) Where frontage roads are to be constructed or designated, the Department will initiate control of access immediately upon completion of the construction of the frontage road and/or its connection with the fully or partially completed freeway.
2) Where frontage roads are not to be constructed or designated and where access rights have been acquired, the Department will initiate control of access immediately upon the acquisition of such access rights.
3) Access control will be initiated and enforced in the following manner:
A) The property owner will be given a written notice by the Department that immediately after the expiration of fifteen (15) days from the date of the notice that the said access control will be in effect and that he should comply with it promptly.
B) If the grantor does not comply with the terms of the notice the Department will enforce the said access control by placing physical barriers within the limits of the right of way in such manner that the said access control will be accomplished.
b) Elimination of Unlawful Means of Access to the Freeway. Whenever an abutting property owner's means of access to any freeway has been unlawfully established, the Department will notify the said owner in writing to the effect that he vacate the said unlawful means of access at once, and further, that if he does not comply with the terms of the notice that the Department will eliminate the said unlawful means of access immediately after the expiration of fifteen (15) days from the date of the notice by placing physical barriers within the limits of the right of way in such manner that the said unlawful means of access will be eliminated.
c) Closing of Unauthorized Road or Street at Freeway Line. Whenever a new highway, road, street, alley, or other public way shall have been opened into or connected with any freeway by an individual, or by the acts of one or more township, county, village or city officials without first procuring in writing the consent of the Department of Transportation the said Department will notify, in writing, such individual or the proper official of the township, county, village or city in which the said intersection is located that they take steps to immediately close the said public way at its intersection with the freeway right of way line, and further, that if they do not comply with the terms of the notice that the Department will close the said road, street or alley immediately after the expiration of fifteen (15) days from the date of the notice by placing physical barriers along the freeway right of way line in such manner that the said public way will be closed at the freeway line.
#### **Part 564** Slow-Moving Vehicle Identification Emblem
##### **92 Ill. Adm. Code 564.10** Purpose {#sec-564.10 omnilex-key=us-il-regs-official--title-92--564.10}
The purpose of this Part is to provide specifications and mounting requirements for slow-moving vehicle emblems as required by Section 12-709 of the Illinois Vehicle Code (the Code) [625 ILCS 5/12-709].
##### **92 Ill. Adm. Code 564.20** Applicability {#sec-564.20 omnilex-key=us-il-regs-official--title-92--564.20}
Section 12-709 of the Code provides:
a) Every animal drawn vehicle, farm tractor, implement of husbandry and special mobile equipment, when operated on a highway must display a slow-moving vehicle emblem mounted on the rear except as provided in subsection (b) of this Section. Special mobile equipment is exempt when operated within the limits of a construction or maintenance project where traffic control devices are used in compliance with the applicable provisions of the manual and specifications adopted under Section 11-301 of the Illinois Vehicle Code.
b) Every vehicle or unit described in subsection (a) of this Section when operated in combination on a highway must display a slow-moving vehicle emblem as follows:
1) Where the towed unit or any load thereon partially or totally obscures the slow-moving vehicle emblem on the towing unit, the towed unit shall be equipped with a slow-moving vehicle emblem. In such cases the towing unit need not display the emblem.
2) Where the slow-moving vehicle emblem on the towing unit is not obscured by the towed unit or its load, then either or both may be equipped with the required emblem but it shall be sufficient if either displays it.
3) A registered truck towed behind a farm tractor in conformity with the provisions of Section 11-1418 of the Illinois Vehicle Code must display a slow-moving vehicle emblem in the manner provided by this Part while being towed on a highway if the emblem on the towing vehicle is partially or totally obscured. (Section 12-709 of the Code)
##### **92 Ill. Adm. Code 564.30** Definitions {#sec-564.30 omnilex-key=us-il-regs-official--title-92--564.30}
"American Society of Agricultural Engineers" or "ASAE" means a professional and technical organization, of members worldwide, who are dedicated to the advancement of engineering applicable to agricultural, food, and biological systems. ASAE standards are developed and adopted to meet standardization needs in areas that include, but are not limited to, agricultural field equipment and farmstead equipment.
"Department" means the Illinois Department of Transportation.
"Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or located on public school property. (Section 1-126 of the Code)
"Illinois Vehicle Code" or "the Code" means 625 ILCS 5.
"Slow-moving vehicle identification emblem" means a red-orange fluorescent equilateral triangle with a red retroreflective border positioned with a point of the triangle up.
##### **92 Ill. Adm. Code 564.40** Incorporation by Reference of Asae S276.5, February 2003 {#sec-564.40 omnilex-key=us-il-regs-official--title-92--564.40}
This Part incorporates by reference ASAE S276.5, February 2003, that is the basis and guideline for the Department’s policies on the specifications and mounting of the slow-moving vehicle identification emblem. The ASAE S276.5 is incorporated as a part of this Part and is effective as indicated, not including any later amendments or editions. The ASAE S276.5 is available for public inspection at the Division of Traffic Safety, DOT Annex Building, 3215 Executive Park Drive, Commercial Vehicle Safety Section, 3rd Floor, Springfield, Illinois. Additionally, a copy of the standard may be purchased from the American Society of Agricultural Engineers, 2950 Niles Rd., St. Joseph MI 49085-9659.
##### **92 Ill. Adm. Code 564.APPENDIX** A Highlights of Asae S276.5, February 2003 {#sec-564.appendix omnilex-key=us-il-regs-official--title-92--564.APPENDIX}
The following highlights are actual specifications from the ASAE S276.5, February 2003 document and are being provided to assist in the purchase of the appropriate emblem and in the proper mounting of the emblem on a vehicle. However, the specifications in this Appendix A are not all-inclusive. While the description, material and mounting requirements found in subsection (a) through (c) of Appendix A are the same as those contained in ASAE 276.5, February 2003, additional specifications applicable to the manufacturers of the emblem are incorporated by reference at Section 564.40 and are contained in the actual ASAE 276.5, February 2003 document.
a) Description
1) The identification emblem consists of a fluorescent, orange equilateral triangle with a red retroreflective border positioned with a point of the triangle up. The red-orange fluorescent triangle provides for daylight identification. The red retro-reflective border appears as a hollow red triangle in the path of motor vehicle headlights at night. The emblem may be movable or vehicular mounted.
2) The emblem manufacturer’s name and company address will be on the face of the emblem, along with a statement certifying that the emblem is in compliance with ASAE S276.5. This information shall be clearly and permanently marked on the face of the emblem. It will appear only in the lower center or lower right-hand corner of the emblem. On movable emblems, the information may be located on the reverse side of the backing material.
b) Material Requirements
1) Visibility of retroreflective materials. The emblem shall be visible at night as a hollow red triangle from all distances between 600 and 1000 feet from the rear when directly in front of lawful vehicle low beam headlights.
2) Visibility of fluorescent materials. The emblem shall be visible in the daylight as a red-orange fluorescent triangle from all distances between 600 and 1000 feet.
c) Position of Emblem
1) The emblem shall be mounted with the point of the triangle upward.
2) Emblems shall be mounted in a plane perpendicular to the direction of travel and ± 20 degrees from the vertical. The emblem shall be visible from the rear of a slow-moving vehicle.
3) The emblem shall be displayed as near to the rear and centered, or as near to the left of center of the vehicle or equipment as practical. It shall be located 2 to 10 feet above the ground measured from the lower edge of the emblem.
4) The emblem shall be securely and rigidly affixed to the equipment. Movable emblems may be mounted by using the socket and bracket specified in ANSI/ASAE S277, or by other means that provide secure and rigid attachment.
5) The effective reflectivity and fluorescence of the emblem shall be unobscured to the extent that the triangular shape is readily identifiable both day and night.
### **Subchapter g** Planning and Programming
#### **Part 600** Port Facilities Capital Investment Grant Program
##### **92 Ill. Adm. Code 600.5** Purpose {#sec-600.5 omnilex-key=us-il-regs-official--title-92--600.5}
The purpose of this Part is to establish the rules for the Department's Port Facilities Capital Investment Grant Program. The Program provides financial assistance to eligible public port districts for infrastructure improvement projects.
##### **92 Ill. Adm. Code 600.10** Definitions {#sec-600.10 omnilex-key=us-il-regs-official--title-92--600.10}
For purposes of this Part, the words, terms, and phrases listed shall have the meanings ascribed to them as follows:
"Applicant" means the public port district that seeks financial assistance under this Program.
"Appropriation" means the legislated spending authority.
"Award" means financial assistance that provides support or stimulation to accomplish a public purpose.
"Catalog of State Financial Assistance" or "CSFA" means the single, authoritative, Statewide, comprehensive source document of State financial assistance program information maintained by the Governor's Office of Management and Budget and available at http://grants.illinois.gov.
"Department" means the Illinois Department of Transportation.
"DCEO" means the Illinois Department of Commerce and Economic Opportunity.
"Economically Distressed Port" means a port district whose boundaries include, at time of application, both an environmental justice area and an opportunity zone as declared by the Illinois Environmental Protection Agency and DCEO, respectively.
"GATA" means the Grant Accountability and Transparency Act [30 ILCS 708].
"GATU" means the Grant Accountability and Transparency Unit within the Illinois Governor's Office of Management and Budget.
"Notice of Funding Opportunity" or "NOFO" means the Department's formally issued announcement of the availability of State, federal, or federal pass-through funding through one of its financial assistance programs. The announcement provides eligibility and evaluation criteria, funding preferences/priorities, the submission deadline, and information on how to obtain an application for the funding opportunity.
"Program" means the Port Facilities Capital Investment Grant Program.
"Project" means the infrastructure improvement project for which the applicant seeks financial assistance.
"Public Port District" means a port district, formed by the Illinois General Assembly under Chapter 70 of the Illinois Compiled Statutes [70 ILCS 1801 through 1870], that operates ports and other transportation infrastructure.
"Secretary" means the Secretary of the Illinois Department of Transportation.
##### **92 Ill. Adm. Code 600.15** Eligibility {#sec-600.15 omnilex-key=us-il-regs-official--title-92--600.15}
a) All public port districts are eligible to apply for funding under this Program.
b) Projects eligible for this Program include:
1) Expansion activities, such as site planning resulting in capital construction and land purchase for publicly-owned facilities;
2) Publicly-owned dock and terminal repair, rehabilitation, or construction;
3) Port roadway and railway rehabilitation or construction;
4) Improving or installing publicly-owned equipment for loading or off-loading cargo;
5) Publicly-owned warehouses or other commodity storage;
6) Publicly-owned buildings or shelters for the storage of equipment;
7) Procurement, installation, and maintenance of publicly-owned equipment to improve port security, such as fences, lighting, or security systems;
8) Navigational aids;
9) Preliminary and final design engineering, including permitting, for eligible publicly-owned capital construction projects; and
10) Other publicly-owned capital improvements that will result in documentable improvements to marine transportation.
##### **92 Ill. Adm. Code 600.20** Notice of Funding Opportunity {#sec-600.20 omnilex-key=us-il-regs-official--title-92--600.20}
a) Subject to the availability of appropriated funds, the Department will publish a Notice of Funding Opportunity in the CSFA.
b) The NOFO will include the grant application and any additional forms required to apply for funding.
c) The NOFO will identify any applicable local match requirement which shall not exceed 5% of the grant. Economically distressed ports shall be exempt from match requirements.
d) The NOFO will be posted in the CSFA for a period of 60 days.
##### **92 Ill. Adm. Code 600.25** Application {#sec-600.25 omnilex-key=us-il-regs-official--title-92--600.25}
a) Before applying for funding, applicants shall:
1) Register in the grantee portal;
2) Complete the internal control questionnaire; and
3) Meet the criteria to become pre-qualified under GATA.
b) Applications shall include:
1) A map, sketch, or other depiction of the project site and its surrounding area, including all transportation access facilities;
2) A project layout or conceptual drawing, schematic plans, surrounding reports related to the project, such as environmental or development reports;
3) Documentation showing whether the proposed project is consistent with development plans by local government, private sector local development plans approved by local governments (e.g., zoning or permitting), or the comprehensive plan of the local government, if plans have been adopted. The only plans required to be submitted are those within the area of the public port district;
4) A schedule of tasks and goals for project accomplishment;
5) If a local match is required under Section 600.20(c), documentation of the source of the required matching funds with reasonable assurances that these funds are available and enough to complete the project;
6) A financial summary, on a form prescribed by the Department, that identifies the total cost for the project and the amount being requested from the Program;
7) The port's master planning documents or assurance that a port master plan is to be completed;
8) A completed standard GATA application form;
9) A completed conflict of interest form;
10) A completed programmatic risk assessment;
11) The following documentation:
A) A document identifying all the current members of the port's board and the chairperson and officers of the board, if any; and
B) The board resolution indicating the approval to apply for the grant. The resolution shall be signed by the board's chairperson, treasurer, secretary, or a board member authorized to sign and shall indicate the number of board member votes for and against that approval; and
12) Any additional information required by the NOFO issued by the Department.
c) Applications shall be due 60 days after the date the NOFO is published.
d) Applications shall be electronically filed with the Department as outlined in the NOFO.
##### **92 Ill. Adm. Code 600.30** Review and Selection {#sec-600.30 omnilex-key=us-il-regs-official--title-92--600.30}
a) Applications determined by the Department to meet the requirements of Section 600.25 will be reviewed by a committee comprised of staff from the Department and DCEO. The committee may consult with other State agencies during its review.
b) The committee will review and rank the applications based on assessment of need, prioritized based on the criteria in subsection (c) and the information provided in the grant application.
c) Scoring criteria shall include, but shall not be limited to, safety, modal connectivity, state of good repair, economic competitiveness, presence of intermodal connections, economic opportunity, and environmental sustainability.
d) Projects ranked by the committee shall be submitted to the Secretary for final review and selection or declination. Only projects determined eligible after compliance with the application process will be considered for grant funding from the Program.
e) The Secretary will select or decline applications for grant funding from the Program from the list of eligible projects made by eligible applicants. The Secretary's selection will be based on the readiness, feasibility, and geographic location of projects to ensure projects will be completed within the time frame allotted and to ensure projects are geographically balanced throughout the State.
f) Applicants whose grant applications are not selected by the Department will be notified by electronic mail.
g) Applicants whose grant applications are selected by the Department will be notified by a Notice of State Award.
##### **92 Ill. Adm. Code 600.35** Prohibited Uses of Awards {#sec-600.35 omnilex-key=us-il-regs-official--title-92--600.35}
Awards shall not be used for:
a) Administrative costs, insurance costs, and legal costs to obtain an award;
b) Any costs incurred prior to award and execution of an intergovernmental agreement;
c) Any operational costs associated with a political subdivision of the State of Illinois, public port district, private entity, or not-for-profit;
d) The interest on money borrowed by the applicant or interest charged to the applicant for late payment of project costs;
e) The costs related to the routine maintenance, repair, or operation of a commercial Illinois Marine Transportation System facility;
f) The costs of maintenance dredging;
g) Operational costs or outstanding debt;
h) Preventative or routine activities;
i) Salaries of port district employees;
j) Expendable items and supplies;
k) Indirect costs;
l) Any costs that cannot meet the multi-modal transportation bond requirements; or
m) Any costs for capital projects not involving public facilities or public infrastructure.
##### **92 Ill. Adm. Code 600.40** Reimbursement Process {#sec-600.40 omnilex-key=us-il-regs-official--title-92--600.40}
a) Invoices and supporting documentation verifying payments made by the public port district under this Program shall be submitted to the Department in duplicate.
b) Supporting documentation shall include, at a minimum:
1) Copies of all cancelled checks. If cancelled checks are not available, an affidavit from the recipient that payment was made;
2) An itemization of all direct costs and unit rates for each direct cost item;
3) A list of employees by classification, time spent by each employee on the project for the invoice service period, and the hourly rate of each employee; and
4) The low bid amount and award date, if applicable.
##### **92 Ill. Adm. Code 600.45** Exceptions to Gata {#sec-600.45 omnilex-key=us-il-regs-official--title-92--600.45}
This Program is subject to the requirements of GATA. Any exceptions approved by GATU will be published in the CSFA.
### **Subchapter h** Public Transportation
#### **Part 651** Regulations for Public Transportation Assistance to New Programs in Nonurbanized Areas
##### **92 Ill. Adm. Code 651.101** Introduction {#sec-651.101 omnilex-key=us-il-regs-official--title-92--651.101}
Section 313 of the Federal Public Transportation Act of (42 U.S.C. 1614) amended the Urban Mass Transportation Act of 1964 (49 U.S.C. 1601 et seq.) by adding Section 18, entitled "Formula Grant Program for Areas Other than Urbanized". Section 18 authorizes the establishment of a new federal grant program to provide federal funds for operating and capital assistance for public transportation services in rural and small urban areas. The Surface Transportation Assistance Act provides for federal funding of the Section 18 Program for a period of four (4) years beginning in federal fiscal year 1979. No guarantees of additional federal funding beyond this period can be made, although many federally funded programs of initially limited duration are later extended.
##### **92 Ill. Adm. Code 651.102** Authority and Applicability {#sec-651.102 omnilex-key=us-il-regs-official--title-92--651.102}
a) These regulations are adopted and issued pursuant to the authority of the Illinois Department of Transportation as specified by the Downstate Public Transportation Act, as amended.
b) These regulations apply to all participants with "new programs" (as hereinafter defined) eligible to receive grant funds available under the Formula Grant Program for Areas Other Than Urbanized provided under Section 18 of the Federal Urban Mass Transportation Act of 1964, as amended.
c) These regulations are subject to and governed by federal administrative rules to be promulgated by the U.S. Department of Transportation Federal Highway Administration.
##### **92 Ill. Adm. Code 651.103** Definitions {#sec-651.103 omnilex-key=us-il-regs-official--title-92--651.103}
Unless the context clearly requires otherwise, the following words and phrases as used in these regulations shall have the meanings ascribed to them in the following sections.
"Act" means the Downstate Public Transportation Act (Ill. Rev. Stat. 1981, ch. 1112/3, par. 661 et seq.).
"Apportioned funds" means 75% of the funds appropriated by the General Assembly in any fiscal year for expenditure by the Department for operating assistance for new programs which the Department apportions among the non-urbanized area transportation assistance regions pursuant to Section 651.104 herein.
"Department" means the Illinois Department of Transportation, Division of Public Transportation.
"Discretionary funds" means 25% of the funds appropriated by the General Assembly in any fiscal year for expenditure by the Department for operating and capital assistance for new programs.
"Eligible capital expenses" means any expenditure of monies for capital items necessary for the provision of public transportation services, including expenditures for:
the purchase of vehicles for use in public transportation service;
the purchase of maintenance and support equipment directly related to the support of such service operations (e.g. maintenance tools, fareboxes, wheelchair lifts, ramps, radios, etc.);
the purchase or construction of fixed facilities.
"Eligible operating expenses" means eligible operating expenses as defined in Section 1.04 of Article III of the Act.
"FHWA" means the Federal Highway Administration of the U.S. Department of Transportation.
"Fiscal year" means the fiscal year of the State of Illinois for the period July 1 through June 30.
"New programs" means:
those public transportation programs operated by participants which did not receive financial assistance under the Act during fiscal year 1979 or did not receive demonstration project funds from the U.S. Department of Transportation during fiscal year 1979; and
those public transportation programs operating outside the geographic boundaries of service areas (as approved by the Department or by the U.S. Department of Transportation in fiscal year 1979) of those participants which received financial assistance under the Act during fiscal year 1979 or which received demonstration project funds from the U.S. Department of Transportation during fiscal year 1979.
"Nonurbanized area transportation assistance regions" means those regions established by the Department for apportioning 75% of the total Section 18 funds appropriated by the General Assembly for new programs as provided under Article III, Section 4 of Act and Section 651.103 herein.
"Operating deficits" means operating deficits as defined in Article III, Section 1.02 of the Act.
"Operating revenue" means:
revenues from nonreimbursable fares, reduced fare reimbursements, rentals of properties, advertising, and any other amounts collected or received in the process of providing public transportation under the Section 18 program which, under standard accounting practices, are properly classified as operating revenue or operating income attributable to providing public transportation; and
any unrestricted Federal, State or local funds received as a result of providing public transportation services funded under the Section 18 program which are not used to match grant funds awarded under the Section 18 program.
"Participant" means participant as defined in Article III, Section 1.02 of the Act, except that only participants providing transportation services under new programs will be governed by these regulations. For the purpose of determining the boundaries of "cities over 20,000" as used in Article III, Section 1.02 of the Act, the Department will consider two cities that, at any point, share coterminous boundaries and whose populations together exceed 20,000 in number to be eligible participants for the purposes of receiving assistance from the Section 18 program and will accept joint applications from such cities.
"Program of proposed expenditures" means:
the services to be provided and the budget for the provision of those services both as approved by the Department under the Section 18 program; or
the project budget for the purchase of capital items as approved by the Department under the Section 18 program.
"Public Transportation" means public transportation as defined in Article III, Section 1.05 of the Act. In determining whether a participant's proposed program should be classified as public transportation, the Department will consider all transportation services included in an application as one program. Although some client specific transportation services may be included as part of a proposed program, some portion of transportation services to be funded under any single program must be available to the general public or groups of the general public with special needs (such as the elderly and handicapped) in order for that program, as a whole, to be classified as public transportation. For programs that include subsidized taxi service, rides shared by two or more passengers must be allowed and encouraged in order for taxi service to be classified as public transportation. FHWA will review all proposed service provided under a participant's program to determine the eligibility of the service for funding under Section 18, and FHWA's decision as to the eligibility of the proposed service will be final.
"Section 18" means Section 18 of the Urban Mass Transportation Act of 1974, as amended.
"State" means the State of Illinois.
##### **92 Ill. Adm. Code 651.104** Nonurbanized Area Transportation Assistance Regions {#sec-651.104 omnilex-key=us-il-regs-official--title-92--651.104}
In accordance with Article III, Section 4 of the Act, the Department hereby establishes regions among which the Department shall apportion 75% of the total Section 18 funds appropriated by the General Assembly in any fiscal year for making operating assistance grants for new programs. These regions, which were determined on the basis of nonurbanized area population, square miles of land, and percentage of transportation disadvantaged, are as follows:
COUNTIES:
Region 1
Region 2
Region 3
Boone
Bureau
Adams
Carroll
Ford
Brown
DeKalb
Henry
Calhoun
Grundy
LaSalle
Cass
Kankakee
Livingston
Christian
Kendall
Marshall
Fulton
JoDaviess
McLean
Greene
Lee
Mercer
Hancock
Ogle
Peoria
Henderson
Stephenson
Putnam
Jersey
Whiteside
Rock Island
Knox
Winnebago
Stark
Logan
Tazewell
McDonough
Woodford
Mason
MaCoupin
Menard
Montgomery
Morgan
Pike
Sangamon
Scott
Schuyler
Warren
Region 4
Region 5
Champaign
Alexander
Clay
Bond
Clark
Clinton
Coles
Effingham
Crawford
Fayette
Cumberland
Frankling
DeWitt
Gallatin
Douglas
Hamilton
Edgar
Jackson
Edwards
Jefferson
Iroquois
Marion
Jasper
Massac
Lawrence
Johnson
Macon
Pulaski
Moultrie
Perry
Richland
Randolph
Shelby
Saline
Piatt
Union
Vermillion
Washington
Wabash
Williamson
Wayne
White
##### **92 Ill. Adm. Code 651.105** Nonurbanized Area Regional Apportionments {#sec-651.105 omnilex-key=us-il-regs-official--title-92--651.105}
a) Article III, Section 4 of the Act requires that apportionments be made among the established regions on the basis of three regional transportation indicators-nonurbanized area population, square miles of land, and percentage of transportation disadvantaged. The regional transportation indicators are based upon the following:
1) The indicator for population is the population of each region exclusive of the population in the urbanized areas of that region.
2) The indicator for square miles of land is the square miles of each region exclusive of the square miles of the urbanized areas of that region.
3) The indicator for transportation disadvantaged is the number of transportation disadvantaged in each region exclusive of those transportation disadvantaged in the urbanized areas of that region and is based on three separate factors:
A) The number of families below the poverty level in each region exclusive of the urbanized areas of that region.
B) The number of people 65 and over in each county exclusive of the urbanized areas of that region.
C) The estimated number of disabled in each region exclusive of the urbanized areas of that region.
b) The sum of the three regional transportation indicators (population, square miles, and transportation disadvantaged) for each region is divided by the total sum of the three indicators for all regions to yield a regional apportionment percentage for each region. Each regional percentage is applied to the total amount of Section 18 funds appropriated by the General Assembly in the current fiscal year for operating assistance grants for new programs in order to determine the apportionment of funds for each region. In order to allow for a fair and equitable distribution of available funds to all nonurbanized areas of the State, the Department determined the boundaries of each region so as to insure that the regional apportionment percentages are approximately equal (i.e. approximately 20%).
##### **92 Ill. Adm. Code 651.106** Use of Discretionary Funds {#sec-651.106 omnilex-key=us-il-regs-official--title-92--651.106}
Discretionary funds will be used for capital and operating assistance grants to participants in any region under the circumstances described in Sections 651.303 and 651.306 herein. The comparison and selection of proposed programs to receive discretionary funds shall be based upon the same evaluation criteria listed in Sections 651.301 and 651.304 herein.
##### **92 Ill. Adm. Code 651.201** Filing Deadlines for Operating Assistance Grants {#sec-651.201 omnilex-key=us-il-regs-official--title-92--651.201}
The following dates are established for the filing by participants of Section 18 operating assistance applications with the Department:
a) Fiscal Year 1980
1) Preliminary applications for operating assistance for deficits incurred in the fourth quarter of fiscal year 1980 must be received by the Department within thirty (30) days after the promulgation of these regulations.
2) Formal applications for operating assistance for deficits incurred in the fourth quarter of fiscal year 1980 must be received by the Department within sixty (60) days after the promulgation of these regulations.
b) Fiscal Year 1981 and Thereafter
1) Preliminary applications for operating assistance grants for any fiscal year after fiscal year 1980 must be received by the Department no later than April 1 of the year immediately preceding such fiscal year.
2) Formal applications for operating assistance grants for any fiscal year after fiscal year 1980 must be received by the Department no later than July 1, the first day of such fiscal year.
c) Combined Applications for Fiscal Years 1980 and 1981.
Those applicants who wish to submit an application covering the period April 1, 1980 to June 30, 1981 may do so, provided the level of assistance requested for the period covering April 1, 1980 to June 30, 1980 is identified separately from the level of assistance requested for the period July 1, 1980 to June 30, 1981 within the combined application. The applications are due according to the application filing dates established for fiscal year 1980.
##### **92 Ill. Adm. Code 651.202** Contents of Operating Assistance Applications {#sec-651.202 omnilex-key=us-il-regs-official--title-92--651.202}
a) Preliminary operating assistance applications shall contain the following information:
1) The name of the participant and the name and address of the contact person for the participant.
2) A brief description of the proposed transportation program including the geographic area to be served by the program, the number and type of vehicles that will be operated and the name of the proposed transit provider(s).
3) An estimate of the deficit expected to be incurred in the operation of the program, and the amount of Section 18 funds that will be requested in the formal application.
4) The sources of funding expected to provide the matching funds required under the Section 18 program.
b) Formal operating assistance applications shall contain the following information:
1) A cover letter from the participant to the Department requesting Section 18 operating assistance funds.
2) A board resolution and certification by the participant that it will supply or cause to be supplied funds which, together with funds made available under the Section 18 program, will be sufficient to cover the cost of operating the proposed program.
3) Applications containing proposals to provide transportation service to an area through a transportation provider other than the participant must contain copies of purchase of service agreements entered into by the participant and the provider(s). Purchase of service agreements must contain the following information:
A) A description of the service to be provided, including the service area covered under the agreement.
B) The amount to be paid for the purchase of service under the agreement.
C) A certified copy of the resolution of the governing board of each party authorizing the execution of the agreement.
D) An explanation of the method used by the transportation provider to allocate expenses and revenues to the transportation service provided under the purchase of service agreement. Transportation providers which have entered into a purchase of service agreement with a participant are subject to both pre-grant and post-grant award audits by the State to determine the acceptability of the method for allocating expenses and revenues to the transportation service provided under the purchase of service agreement and to determine the adequacy of the transportation provider's record-keeping system.
4) Such other information as is required in the application forms provided by the Department, including information that is necessary for the Department to evaluate a proposed program based on the criteria provided in Section 651.301 herein and other documentation and assurances required by The Federal Highway Administration (FHWA).
##### **92 Ill. Adm. Code 651.203** Filing Deadlines for Capital Assistance Grants {#sec-651.203 omnilex-key=us-il-regs-official--title-92--651.203}
Applications for capital assistance under the Section 18 program must be filed by participants according to dates established in Section 651.201 herein.
##### **92 Ill. Adm. Code 651.204** Contents of Capital Assistance Applications {#sec-651.204 omnilex-key=us-il-regs-official--title-92--651.204}
a) Preliminary capital assistance applications shall contain the following information:
1) The name of the participant and the name and address of the contact person for the participant.
2) A brief description of the type of and number of vehicles, equipment or fixed facilities to be purchased or constructed and the name of the transit provider that will operate the vehicles or fixed facilities.
3) A description of how the need for the vehicles, equipment, or fixed facilities was determined.
4) An estimate of the cost of the vehicles, equipment, or fixed facilities.
5) The sources of funding expected to provide the matching funds required under the Section 18 program.
b) Formal capital assistance applications shall contain the following information:
1) A cover letter from the participant to the Department requesting Section 18 capital assistance funds.
2) A detailed description of the capital items for which capital grant assistance is being requested.
3) A detailed proposed project budget.
4) A board resolution and certification by the participant that it will supply or cause to be supplied funds which, together with funds made available under the Section 18 program, will be sufficient to meet the total cost of the capital items described.
5) Such other information as is required in the application forms provided by the Department, including information that is necessary for the Department to evaluate a proposed program based on the criteria provided in Section 651.304 and other documentation and assurances required by FHWA.
##### **92 Ill. Adm. Code 651.205** Joint Applications {#sec-651.205 omnilex-key=us-il-regs-official--title-92--651.205}
a) The unique nature of public transportation needs of small urban and rural areas may lead to the formation of proposed programs that extend beyond the geographic boundaries of any single participant. Therefore, in cases where two participants are located within one county, or where a program to serve two or more adjoining counties is being proposed, the participants involved may submit a joint application. Any participant who wishes to submit an application that includes the provision of transportation services outside its geographic boundaries may do so provided that the assurances submitted by the participant as part of the application for Section 18 assistance cover the entire service area proposed in the application.
b) All participants included under a joint application shall agree upon and designate one participant to be the primary participant to be responsible for the following functions:
1) Receiving and expending Section 18 funds granted under the joint application.
2) Preparing and submitting quarterly reimbursement requests to the Department for eligible operating or capital expenses for the approved program.
3) Submitting such information on program performance as the Department may require.
4) Maintaining adequate records, carrying out all grant administration activities, and submitting required audits for the approved programs.
c) Joint applications filed with the Department must contain copies of agreements between the primary participant and each other participant. Each agreement must contain the following information:
1) A description of the service to be provided within the service area of each participant.
2) The amount that each participant will contribute to the program to be funded under the joint application.
3) A designation of the primary participant as provided in Subparagraph (b) of this Section.
4) A certified copy of the resolution passed by each participant's governing board authorizing the participant to execute the agreement.
5) Copies of all the assurances required in the Department's application forms signed by each participant. The assurances given by an individual participant need only be for that portion of the proposed program that is to provide service within the individual participant's service area.
##### **92 Ill. Adm. Code 651.206** Place of Filing {#sec-651.206 omnilex-key=us-il-regs-official--title-92--651.206}
All Submittals required under these regulations shall be filed with the Department at the following address:
Nonurbanized Area Grants Section
Illinois Department of Transportation
Division of Public Transportation
300 North State Street
Chicago, Illinois 60610
Phone: (312) 793-2111
##### **92 Ill. Adm. Code 651.301** Criteria Considered in Review of Operating Assistance Applications {#sec-651.301 omnilex-key=us-il-regs-official--title-92--651.301}
The Department will consider the following criteria in evaluating applications for operating assistance and comparing and selecting for Section 18 funding proposed programs (in whole or in part) from within a region.
a) Level of need for the proposed transportation program and the capability of the proposed program for meeting the level of need, based upon:
1) The adequacy of planning activities performed to substantiate the need for the proposed service and its capability of meeting those needs as demonstrated by:
A) The formal planning process followed in developing the plan for the proposed service, including:
i) involvement of user groups, local and regional planning agencies, human services agencies, and existing transit providers in the development of the plan of the proposed program
ii) use of existing local or regional planning documents in the development of the plan for the proposed program (for example, comprehensive development plans)
B) Assessment made of existing transportation service and equipment currently available in the participant's service area, based upon:
i) Inventories of public and private agencies currently operating transportation services (including social service agencies, taxi operators, and school bus operators)
ii) surveys of the general population and of special user groups (such as the elderly and handicapped) to solicit information as to major travel destinations and current transit service needs
2) The level of local support for the proposed program as demonstrated by letters of support and minutes of public meetings and of other meetings of local agencies.
b) Managerial and Operating Capabilities
The Department will review each application to assess the ability of the participant and proposed transit provider(s) (if different from the participant) to provide the transportation service outlined in the proposed program. In making this assessment the Department will consider the following capabilities of the proposed transit provider(s):
1) The ability to dispatch and operate the proposed service.
2) The ability to maintain equipment and vehicles to be used in providing transportation service.
3) The ability to train the drivers of vehicles to handle the special transportation needs of elderly and handicapped.
4) The ability to complete and submit the forms and information as required by the Department.
5) The past performance of a participant or proposed transit provider as it relates to the scope and nature of the proposed program.
c) Coordination Efforts
The Department will review proposed transportation programs to determine the amount of pooling of equipment, technical skill, and financial resources available in the community. For example, the Department will evaluate efforts by the participant to utilize existing vehicles owned by private transit providers or equipment owned by public or private nonprofit agencies purchased under other Federal and State funded transportation and social service programs. The degree of support and cooperation from other Federal and State agencies and the extent of participation by user groups, social service agencies, planning agencies, and existing private and public transit service providers in the planning and implementation of the proposed program will be considered when evaluating the level of coordination to be achieved in the proposed program.
d) Continuation of Funding from Sources Previously Providing Assistance for Transit Service
Section 18 grant funds are intended to supplement, rather than to replace, funding sources for small urban and rural transportation programs. In evaluating applications the Department will consider the level of operating assistance provided to public transportation programs within the participant's service area from other funding sources in previous years and available for the current fiscal year. Specifically, the Department will assess a participant's intention to maximize the level of operating assistance for transit service in the participant's service area from other funding sources.
e) Potential User Groups
Proposed programs will be evaluated based on the number of potential riders to be served and on the ability to meet the unmet special transit needs of the elderly and handicapped in areas.
f) Section 22 of the UMTA Act
Section 22 of the Urban Mass Transportation Act of 1964, as amended, entitled "Intercity Bus Service", authorizes a federal grant program for the specific purpose of providing assistance to intercity bus operations. The existence of the Section 22 program will be a factor considered by the Department when reviewing Section 18 applications which propose transportation services eligible for Section 22 grant assistance.
##### **92 Ill. Adm. Code 651.302** Approval of Operating Assistance Grant Program of Proposed Expenditures {#sec-651.302 omnilex-key=us-il-regs-official--title-92--651.302}
a) After the comparison and selection of programs (in whole or in part) to receive Section 18 operating assistance based on the criteria in Section 651.301 herein, the Department will review the proposed budget of each selected participant's proposed program to assess the reasonableness of the relationship between the level of proposed services and the projected costs of such services. As part of this review, the Department will consider:
1) The comparison of the participant's projected costs for proposed services with the actual costs of providing similar transportation services in comparable nonurbanized areas;
2) The effect of any proposed expansion of transportation services above the previously approved Section 18 program of proposed expenditures, upon overall operating ratios, including but not limited to the following:
A) Passenger per vehicle mile.
B) Fare box revenue per vehicle mile.
C) Deficit per vehicle mile.
D) Operating expense per vehicle mile.
3) Where no expansion of service is proposed, the comparison of the proposed budget with the program budget approved for the previous fiscal year so as to determine the cause of any rapid escalation in the cost of providing transportation services under the proposed program.
b) If after the Department has completed the review as provided in this Section and has determined that the participant's proposed budget is unreasonably high in relation to the proposed services to be provided, the Department will work with the participant to modify the proposed budget to achieve a reasonable level. As a result of this process, particular line items of a participant's proposed budget will be increased or decreased and a final program of proposed expenditures will be approved by the Department.
##### **92 Ill. Adm. Code 651.303** Amounts of and Limits on Operating Assistance Grants {#sec-651.303 omnilex-key=us-il-regs-official--title-92--651.303}
The Department is authorized under the Act to make operating assistance grants to any participant for an amount not to exceed 50% of the project operating deficit from the participant's approved program of proposed expenditures. The Department will make grants from apportioned funds for 50% of such deficits; however, if 50% of the total approved projected operating deficits of all participants from a region exceeds the total amount of funds apportioned to that region, then the Department will make grants from apportioned funds for less than 50% of such deficits to participants in that region. In such regions, available discretionary funds can be used by the Department for the purpose of supplementing a grant to be made to a participant from apportioned funds so that the total Section 18 operating assistance grant to such participant is closer to the full 50% of the participant's approved projected operating deficit.
##### **92 Ill. Adm. Code 651.304** Criteria Considered in Review of Capital Assistance Applications {#sec-651.304 omnilex-key=us-il-regs-official--title-92--651.304}
In addition to the criteria listed in Section 651.301 herein for the evaluation of operating assistance applications, the Department will consider the following additional criteria in evaluating the applications for capital assistance and comparing and selecting the proposed capital programs (in whole or in part) for Section 18 funding:
a) If proposed eligible capital expenses are to be incurred for the replacement of existing vehicles, whether the condition of the existing vehicles justifies such replacement.
b) Whether other vehicles or equipment are available within the proposed service area, and to what extent such vehicles or equipment could meet the transportation needs outlined in the application.
c) Whether other funding sources are available to fund the eligible capital expenses for which Section 18 funds are being requested.
d) Whether the participant has the ability to operate and maintain the capital items for which funding is being requested.
e) Whether the transportation needs and proposed method of operating the equipment and vehicles as described in the application, indicate that such equipment and vehicles will be fully utilized.
f) If proposed eligible capital expenses are to be incurred for the purchase or construction of fixed facilities, in addition to the other criteria listed in this Section:
1) Whether the proposed fixed facilities are necessary in relation to the participant's current level of service; and
2) Whether it can be expected that the participant will utilize the fixed facility in the provision of transit services beyond the four year period of the Section 18 program and for the useful life of the facility; and
3) Whether the amount of funds requested for such fixed facilities is so great as to prevent compliance by the Department with federal requirements that Section 18 funds be expended on a fair and equitable basis.
##### **92 Ill. Adm. Code 651.305** Approval of Capital Assistance Grant Project Budgets {#sec-651.305 omnilex-key=us-il-regs-official--title-92--651.305}
a) After the comparison and selection of programs (in whole or in part) to receive Section 18 capital assistance based on the criteria on Section 651.304 herein, the Department will review the proposed project budget of each participant's proposed program to assess the reasonableness of the relationship between the proposed capital items and the projected cost of such items. As part of this review, the Department will consider the comparison of the participant's proposed capital items and costs with the actual costs of purchasing or constructing comparable capital items for other transportation programs.
b) If after the Department has completed the review provided in this Section and has determined that the participant's proposed project budget is unreasonably high or low in relation to the capital items to be purchased or constructed, the Department will work with the participant to modify the proposed project budget. As a result of this process, particular line items of a participant's proposed project budget will be increased or decreased and a final program of proposed expenditures will be approved by the Department.
##### **92 Ill. Adm. Code 651.306** Amounts of and Limits on Capital Assistance Grants {#sec-651.306 omnilex-key=us-il-regs-official--title-92--651.306}
The Department is authorized under the Act to make grants to any participant for an amount not to exceed 80% of the proposed eligible capital expenses from the participant's approved program of proposed expenditures. The Department will make grants to participants for 80% of such capital expenses to the extent that sufficient discretionary funds are available.
##### **92 Ill. Adm. Code 651.307** Acknowledgment of Applications; Additional Information Required {#sec-651.307 omnilex-key=us-il-regs-official--title-92--651.307}
The Departments will acknowledge to participants receipt of formal applications for Section 18 operating or capital assistance. Acknowledgment of an application is an assurance that the Department will review the application. It does not obligate the Department to approve the application. During the review and evaluation of an application, the Department may require the participant to provide further information or to file additional supporting documents by a date set by the Department. The nature of these documents will vary with the particular application and will be specified by the Department.
##### **92 Ill. Adm. Code 651.308** Notification of Results of Department Evaluation and Review {#sec-651.308 omnilex-key=us-il-regs-official--title-92--651.308}
The participant will be notified in writing, within sixty (60) days of receipt by the Department of a complete formal application, of the Department's approval or disapproval, in whole or in part, of the proposed programs based on its review of the applications. In cases where the Department notified the participant of its disapproval of a proposed program the participant, within five (5) days after such notification, may request the Department to reconsider the proposed program based on any additional relevant information the participant can provide the Department. In cases where the Department recommends approval of an application to FHWA, the Department will notify the applicant of the level of funding and the program of proposed expenditures recommended for approval. Concurrently the Department will submit the application to FHWA and ask that the program be included in the State's Program of Section 18 Projects. No application is officially approved until such time as FHWA notifies the Department that the proposed program has been given FHWA approval. All disapprovals by the Department or FHWA of proposed programs shall be final.
##### **92 Ill. Adm. Code 651.401** Contract Requirements {#sec-651.401 omnilex-key=us-il-regs-official--title-92--651.401}
a) Upon notification to the Department from the FHWA that a proposed operating or capital program has been approved for inclusion in the Illinois Section 18 Program of Projects and that funding for such programs has been approved, the Department will send three copies of a Section 18 grant contract to each such participant specifying the terms and conditions of the grant awarded. Within thirty (30) days of the receipt of such contract, each participant must execute and return all three (3) copies of such contract to the Department together with:
1) An attested resolution of the governing board of the participant(s) agreeing to the terms of the contract, and authorizing the execution of the contract; and
2) A legal opinion from a licensed attorney representing the participant certifying that the agreement is valid and binding upon the participant(s).
b) The Department will cause the contract to be executed on behalf of the State and will return one executed copy to each participant. No Section 18 financial assistance can be made available prior to the execution of such a grant contract by both the participant(s) and the State.
##### **92 Ill. Adm. Code 651.402** Quarterly Reports and Quarterly Requisitions for Operating Assistance Grants {#sec-651.402 omnilex-key=us-il-regs-official--title-92--651.402}
a) For Fiscal Year 1980
For fiscal year 1980 participants shall submit to the Department, on forms provided by the Department for that purpose, a report of the actual operating deficit incurred in the fourth quarter of the fiscal year. This report shall be submitted within thirty (30) days following the close of the quarter.
b) For Fiscal Year 1981 and thereafter
For fiscal year 1981 and thereafter, no later than thirty (30) days following the end of each quarter of any fiscal year, each participant shall submit to the Department, on forms provided by the Department for that purpose, a report of the actual operating deficit incurred during that quarter.
c) The Department will review quarterly reports to determine if the expenditures and the resulting operating deficits were incurred in conformity with the approved program of proposed expenditures, based on the following criteria:
1) Whether the expenditures were made only for line items specifically listed in the approved program of proposed expenditures. (Items not specifically listed in the approved program of proposed expenditures are not eligible for Section 18 assistance.)
2) Whether obligations incurred to date exceed the amount listed in the approved program of proposed expenditures.
d) Participants may transfer from a particular line item an amount not to exceed 10% of that particular line item to other line items in order to offset unanticipated expenditures, without prior Departmental concurrence. Prior to the transfer of amounts greater than 10% of a particular line item, participants must submit written requests for approval of such a change to the Department and receive the Department's approval. Approval will be granted by the Department where such transfers do not adversely affect the level of transportation service approved for Section 18 funding.
e) After review and approval of the participant's submitted quarterly requisition the Department will request FHWA approval for payment. To allow sufficient time for State and Federal review and approval of reimbursement requests, participants should have the capability of covering expenditures for the previous quarter for up to 60 days following the close of that quarter.
##### **92 Ill. Adm. Code 651.403** Operating Assistance Grant Close-Out {#sec-651.403 omnilex-key=us-il-regs-official--title-92--651.403}
a) The participant shall furnish to the Department a complete audit of the eligible operating expenses approved under the Section 18 program. The audit shall be prepared by an independent certified public accountant, shall be based on the State's fiscal year, shall be performed in accordance with standard accounting principles, and shall include a calculation of the approved operating deficit for the previous fiscal year.
b) The audit shall be submitted to the Department no later than one hundred eighty (180) days following the close of the fiscal year for which an operating assistance grant was approved.
##### **92 Ill. Adm. Code 651.404** Capital Assistance Requisitions {#sec-651.404 omnilex-key=us-il-regs-official--title-92--651.404}
a) The form "Requisition for Grant Payment" shall be used by participants to request the payment of Section 18 funds for approved eligible capital expenses. This form is available from the Department.
b) The participant shall submit requisitions for reimbursements of actual approved capital expenditures and for advances for payment of approved capital expenses.
c) Department approval of each requisition is contingent upon the following:
1) Submission of documents to verify expenditure of funds for eligible capital expenses or to verify need for advances for payment of approved capital expenses.
2) Determination by the Department that capital expenditures were made in conformity with approved programs of proposed expenditures.
3) Determination by the Department that the participant has met all terms of the capital grant contract.
##### **92 Ill. Adm. Code 651.405** Departmental Concurrence on Eligible Capital Expenses {#sec-651.405 omnilex-key=us-il-regs-official--title-92--651.405}
a) General Requirement
The participant shall not initiate a formal public advertisement and solicitation of bids for approved capital items without receiving prior Departmental concurrence on the plans and specifications to be used in conjunction with the advertisement and solicitation of bids. All bid advertisement, solicitation, and award shall be conducted in conformity with the requirements and procedures prescribed in either the Illinois Municipal Code (Ill. Rev. Stat. 1981, ch. 24, pars. 1-1-1 et seq.) or the statutory requirements governing purchases by county governments County Executive Act (Ill. Rev. Stat. 1981, ch. 34, pars. 1001-1011), whichever is applicable.
b) Bid Award
Participants shall notify the Department in writing of all awards, regardless of the amount. In connection with any grant for capital assistance neither the Department nor the State shall be obligated or liable to any person or organization other than the participant.
##### **92 Ill. Adm. Code 651.406** Capital Assistance Grant Close-Out {#sec-651.406 omnilex-key=us-il-regs-official--title-92--651.406}
a) The participant shall notify the Department in writing immediately when all eligible capital project activities have been completed and all eligible capital expenses incurred. The Department will then initiate final settlement of capital grant funds for the project, including the following:
1) On-site inspection of the project by a Department representative, where appropriate;
2) Final financial audit of the books and accounts by the State and settlement of any audit findings;
3) Submission of a list of vehicles and equipment purchased, identified individually by serial number or other distinguishing designation, and such other comparable information regarding fixed facilities as the Department may require.
4) Submission of a final requisition requesting payment of the balance of the approved Section 18 capital grant, or a check payable to the Department for the full amount of any overpayment of Section 18 capital grant funds; and
5) Notification to the participant by the Department that final settlement has been reached.
b) The participant shall retain, for three (3) years following final settlement, all project contract documents, financial records, and supporting documentation.
##### **92 Ill. Adm. Code 651.407** Protection of Program Funds Received Under Operating and Capital Assistance Grants {#sec-651.407 omnilex-key=us-il-regs-official--title-92--651.407}
a) Each participant shall establish separate accounts for both operating and capital assistance funds received under Section 18 grants, either to be maintained within its existing accounting system or to be established independently. The accounts shall be in conformity with the uniform accounting requirements established by the State and the FHWA.
b) All Section 18 operating and capital assistance funds must be deposited in a bank or trust company which is a member of the Federal Deposit Insurance Corporation.
#### **Part 653** State Operating Assistance to Downstate Areas
##### **92 Ill. Adm. Code 653.10** Program Overview {#sec-653.10 omnilex-key=us-il-regs-official--title-92--653.10}
a) Articles I and II of the Downstate Public Transportation Act [30 ILCS 740/Arts. I and II] (Act), establish a continuing program of State operating assistance for public transportation services outside the areas served by the Regional Transportation Authority (Cook, DuPage, Will, McHenry, Lake and Kane Counties). (See Section 2-2.04 of the Act.)
b) The funds for this program are appropriated annually by the Illinois General Assembly. Operating assistance grants are made by the Illinois Department of Transportation (Department) on an annual basis. Operating assistance funds may be used only for the purposes, and subject to the conditions, set forth in the Act and this Part.
**History**
- *Source: Amended at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.20** Purpose {#sec-653.20 omnilex-key=us-il-regs-official--title-92--653.20}
The purpose of this Part is to implement Articles I and II of the Act by providing the procedures, conditions and limitations applicable to operating assistance grants for eligible downstate applicants and participants. (See Section 2-2.04 of the Act.)
**History**
- *Source: Amended at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.30** Definitions {#sec-653.30 omnilex-key=us-il-regs-official--title-92--653.30}
The following words and phrases as used in this Part shall have the meanings ascribed to them in this Section.
"Act" means the Downstate Public Transportation Act [30 ILCS 740/Arts. I and II].
"AICPA" means the American Institute of Certified Public Accountants.
"Applicant" means any eligible participant who applies for an operating assistance grant under the Act and this Part.
"Application" means those materials and forms required by the Department to be submitted by an applicant in support of its request for operating assistance. (See Sections 2-5 and 2-5.1 of the Act.)
"Department" means the Illinois Department of Transportation, Division of Public and Intermodal Transportation. (Section 2-2.01 of the Act)
"Demand Response Service" means a non-fixed route shared use service operating in response to pre-arranged time and location requests from passengers, or their agents, to the transit operator.
"Deviated Fixed Route Service" means transit service that operates along a fixed alignment or path at generally fixed times but may deviate from the route alignment to collect or drop off passengers who have requested the deviation.
"Eligible Operating Expenses" means all expenses required for public transportation, as defined in Section 2-2.04 of the Act and Section 653.111 of this Part.
"Fiscal Year" means the fiscal year of the State of Illinois that begins on July 1 and ends on June 30. (Section 2-2.06 of the Act)
"Fixed Route Service" means public transportation service provided on a repetitive, fixed-schedule basis along a specific route, stopping to pick up and deliver passengers to specific locations.
"FTA" means the Federal Transit Administration of the United States Department of Transportation, or its successor.
"Grant Contract" means the written agreement between the applicant and the Department defining the program, funding limits and terms of the grant.
"Ineligible Operating Expenses" means those expenses ineligible for State operating assistance, as defined in Section 2-2.04 of the Act and Section 653.112 of this Part.
"OMB" means the U.S. Office of Management and Budget.
"Operating Deficit" means operating deficits as defined in Section 2-2.03 of the Act.
"Participant" means any eligible participant as defined in Section 2-2.02 of the Act who has received an appropriation from the Illinois General Assembly for downstate operating assistance.
"Preliminary Application" means those materials and forms prescribed by the Department to be submitted by an applicant in support of its projected request for operating assistance in the next fiscal year.
"Program of Proposed Expenditures" or "POPE" means those activities, services and proposed eligible operating expenditures to be provided by the applicant that directly relate to the operation, maintenance or improvement of general public transportation service benefiting the residents of the applicant.
"Public Transportation" means the transportation or conveyance of persons by means available to the general public including groups of the general public with special needs:
within the urbanized area; or
in the nonurbanized areas within the service area of each participant as approved by the Department, except for transportation by automobiles not used for conveyance of the general public as passengers. (Section 2-2.05 of the Act)
Service in a participant's service area may be provided by either:
another eligible participant through an intergovernmental agreement; or
a private for-profit operator through a third party contract or a private non-profit operator through a pass through agreement or third party contract.
"Purchased Transportation" means those public transportation activities procured by a participant and provided by a third party through contracts.
"Service Area" means a participant's territorial boundaries plus service extensions or contiguous service areas approved by the Department.
"State" means the State of Illinois.
"Territorial boundaries" means:
the municipal boundaries of a municipal participant plus the boundaries of any contiguous city, village, incorporated town, and/or county that has agreed by intergovernmental agreement to be included in the territorial boundaries of the municipal participant;
the county boundaries of a county participant plus the boundaries of any contiguous city, village, incorporated town, and/or county that has agreed by intergovernmental agreement to be included in the territorial boundaries of the county participant;
the boundaries of the municipalities, villages, incorporated towns, counties, and/or participating areas having created a mass transit district, plus the boundaries of any contiguous city, village, incorporated town, and/or county that has agreed by intergovernmental agreement to be included in the territorial boundaries of the mass transit district participant.
Any boundary established by intergovernmental agreement must be approved by ordinance and/or resolution by the appropriate and requisite governing bodies. Establishment of the boundary shall not be in conflict with the Act and/or the Local Mass Transit District Act [70 ILCS 3610]. Additionally, a participant cannot establish as part of its territorial boundary any area that is already included in another participant's territorial boundary.
**History**
- *Source: Amended at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.40** Effective Date {#sec-653.40 omnilex-key=us-il-regs-official--title-92--653.40}
This Part applies to grants made for the fiscal year beginning July 1, 2010 and each year thereafter.
**History**
- *Source: Amended at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.90** Preliminary Grant Application {#sec-653.90 omnilex-key=us-il-regs-official--title-92--653.90}
At the discretion of the Department and no later than September 1 of each fiscal year, the Department will distribute preliminary grant applications for the following fiscal year to all participants. The preliminary grant application will contain information about the operating assistance program and required forms that must be filed with the Department. The completed preliminary grant application shall be submitted to the Department no later than 30 days after receipt and shall include certain identified preliminary revenue and expense budget information for the next fiscal year.
**History**
- *Source: Added at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.100** Notification of Grant Cycle {#sec-653.100 omnilex-key=us-il-regs-official--title-92--653.100}
No later than March 1 prior to the start of any fiscal year, the Department will send operating assistance grant applications to all participants. The grant application will contain information and instructions regarding the operating assistance program and will also include forms that must be filed with the Department. Operating assistance applications are available by writing:
Illinois Department of Transportation
Division of Public and Intermodal Transportation
100 West Randolph Street, Suite 6-600
Chicago, Illinois 60601
Phone: 312/793-2111.
**History**
- *Source: Amended at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.110** Application Contents {#sec-653.110 omnilex-key=us-il-regs-official--title-92--653.110}
a) Operating assistance applications shall include, at a minimum, the following information:
1) A cover letter stating that the applicant is applying for operating assistance funds. The cover letter shall contain the applicant's name, address and certification that the information provided is true and correct.
2) A description of the applicant including, but not limited to, service area, service characteristics, transit system management, transit and special taxing authority, year and means created, e.g., by statute, home rule or interstate compact, the name and title of the person directly responsible for supervising the applicant's proposed expenditures, the name and title of the person authorized to submit and execute the application, and name and title of the person authorized to certify financial reports.
3) A summary consisting of total estimated operating expenses, revenues, income and deficits for the next fiscal year, 65% of the estimated eligible operating expenses for the next fiscal year and a certification that the expenses will be for public transportation in Illinois or the service area approved by the Department. (See Section 2-7(b) of the Act.)
4) A summary consisting of projected total operating revenues and expenses including, but not limited to, those associated with passenger fares; special transit fares; school bus service revenues; freight tariffs; charter service revenues; auxiliary transportation revenues; non-transportation revenues; taxes levied directly by transit system, local cash grants and reimbursement; local special fare assistance; State cash grants and reimbursements; State special fare assistance, federal grants and reimbursements; contributed services; labor costs; salaries and wages; fringe benefits; services; materials and supplies; utility, casualty and liability costs; taxes; purchased transportation services; miscellaneous expenses; debt service, including principal and interest, on publicly-owned equipment or facilities; interest expenses for short-term operating loans; and lease and rentals. (See Section 2-2.04 of the Act.)
5) Operating information, itemized according to fixed route service and demand response service (including deviated fixed route service), including, but not limited to, total service miles and hours, number of vehicles, passenger trips, and facilities and equipment inventory.
6) Passenger trips shall be broken out by service type and by the following categories: general public; seniors who are at least 65 years old and who are receiving free or reduced fare transportation; people with disabilities who are receiving free or reduced fare transportation; and students who are receiving reduced-fare transportation.
7) Information regarding purchased transportation, including, but not limited to, a description of the public transportation services and products to be purchased, relevant information regarding the provider of the purchased services, the number and type of revenue and non-revenue vehicles, and operating revenues and expenses as detailed in Subpart B of this Part.
**History**
- *Source: Amended at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.111** Eligible Operating Expenses {#sec-653.111 omnilex-key=us-il-regs-official--title-92--653.111}
a) Operating assistance grants will be made only for the reimbursement of eligible operating expenses. In all instances, operating expenses shall be deemed eligible to the degree that they are required for public transportation, are subject to independent documentation and audit verification, are consistent with State or federal program eligibility requirements, and are the net of all applicable credits, as determined by the Department to be in accordance with standard accounting practices. Eligible operating expenses include, but are not limited to:
1) employee wages;
2) employee benefits;
3) materials, fuels and supplies;
4) rental of facilities;
5) taxes other than income taxes;
6) payment made for debt service (including principal and interest) on equipment or facilities owned by the applicant, to the degree that the participant's governing board, through resolution, certifies that the public transportation portion of the equipment or facilities is required for the day-to-day provision of public transportation within the next 24 months, provided that, in undertaking and administering the acquisition and ownership of the equipment and facilities, the participant complies with the Department's "Public Transportation Capital Improvement Grants Manual" and "Supplemental Operating Assistance Guidelines";
7) non-rolling-stock equipment purchases that are less than $10,000;
8) administrative costs, i.e., costs incurred in capital grant record keeping, grant management, and the preparation of status reports required by the Department under its capital grant program, associated with capital projects that are not reimbursed elsewhere;
9) routine maintenance and repairs to buildings, equipment or vehicles that do not extend their useful life for replacement eligibility purposes;
10) reasonable expenses and compensation for applicant's board members or trustees as provided for under the Local Mass Transit District Act [70 ILCS 3610/4];
11) established reserves for self-insurance programs; and
12) any other expenditure that an independent auditor retained by the participant's governing board determines is required for the provision of public transportation according to the most current version of AICPA's generally accepted accounting principles for public transportation operations.
b) Eligible operating expenses also include the costs associated with the audit requirements set forth in Section 653.410.
c) Eighty percent of the dues paid by the applicant to the Illinois Public Transportation Association and 90% of the dues paid by the applicant to the American Public Transportation Association or the Community Transportation Association of America are also eligible operating expenses. (See Section 2-2.04 of the Act.)
**History**
- *Source: Added at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.112** Ineligible Operating Expenses {#sec-653.112 omnilex-key=us-il-regs-official--title-92--653.112}
a) Operating assistance grants will not be made for ineligible operating expenses, as defined in Section 2-2.04 of the Act, Section 653.30 of this Part and this Section. Ineligible operating expenses include, but are not limited to, the following:
1) depreciation, whether funded or unfunded;
2) amortization of any intangible costs, which means depreciation of an asset that is without physical qualities, e.g., patents, copyrights and goodwill;
3) debt service on capital assets acquired with the assistance of State capital grant funds provided by the State;
4) profit or return on investments;
5) excessive payment to associated entities, such as payments made by a participant to any entity that is owned or controlled by the participant or that controls or owns the participant;
6) expenses associated with the Workforce Investment Act (29 USC Chapter 30), or its successor;
7) costs reimbursed under Sections 5303, 5304 and 5305 of the Federal Mass Transit Act (49 USC Chapter 53);
8) travel and entertainment expenses incurred in attending non-public transportation-related activities;
9) charter, school bus and sightseeing expenses as defined by the FTA;
10) fines and penalties;
11) charitable donations;
12) interest expense on long-term borrowing and debt retirement other than on that portion of publicly-owned equipment and facilities required for public transportation;
13) income taxes;
14) that portion of any eligible operating expenses for which the participant has or will receive reimbursement from any other federal or State capital grant program absent a specific federal or State directive allowing the capital expense to be treated as an operating expense, e.g., federal preventative maintenance expense;
15) expenses associated with compliance with OMB Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations);
16) any expense that is reimbursed from insurance proceeds;
17) maintenance or operation of vehicles that are not used by a participant or its contractors for public transportation or to support public transportation operations;
18) any other expense determined by the Department to be inconsistent with federal regulations or requirements.
b) If a participant receives federal operating assistance funds through the Department, and federal law prohibits the participant from using those funds to pay for any expense that is an eligible operating expense under the Act or this Part, then that expense shall be ineligible for reimbursement. (See Section 2-2.04 of the Act.)
**History**
- *Source: Added at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.113** Reportable Income {#sec-653.113 omnilex-key=us-il-regs-official--title-92--653.113}
a) Revenues that reduce the operating deficit under standard accounting practices and, therefore, must be reported to the Department include, but are not limited to, revenues from the following sources:
1) passenger fares for transit services;
2) special transit fares;
3) charter service revenues;
4) auxiliary transportation revenues;
5) non-transportation revenues; and
6) federal cash grants and reimbursements.
**History**
- *Source: Added at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.114** Accounting and Documentation {#sec-653.114 omnilex-key=us-il-regs-official--title-92--653.114}
a) Applicants shall use the accrual method of accounting in accordance with generally accepted accounting principles when submitting the operating expense and revenue information called for in the application utilizing the same line items on which the actual expenses and revenues will eventually be reported to the Department in all quarterly and final fiscal year financial statements.
b) All expenses shall be documented by cancelled check, by paid bills, invoices or purchase orders, or by electronic records that clearly show when the expense was incurred, when the vendor was paid, and what was purchased.
c) If the Department questions the eligibility of a particular expense, the participant shall provide certification by an independent auditor that the expense is eligible under applicable State and federal law and the certification will be considered by the Department in determining whether the particular expense is eligible for reimbursement.
**History**
- *Source: Added at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.120** Application Filing Deadline {#sec-653.120 omnilex-key=us-il-regs-official--title-92--653.120}
Grant applications shall be submitted to the Department no later than April 1 prior to the fiscal year for which operating assistance is requested. (See Section 2-5 of the Act.)
**History**
- *Source: Amended at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.130** Place of Filing {#sec-653.130 omnilex-key=us-il-regs-official--title-92--653.130}
Grant applications and all forms submitted under the State operating assistance program shall be filed with the Department at the following address:
Illinois Department of Transportation
100 West Randolph Street, Suite 6-600
Chicago, Illinois 60601
Attn: Division of Public and Intermodal Transportation, Bureau of Downstate Area Programs.
**History**
- *Source: Amended at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.200** Review of Application {#sec-653.200 omnilex-key=us-il-regs-official--title-92--653.200}
Review of Application. The Department will date stamp the application upon receipt. The Department will perform an initial examination of the application to determine if the application is complete, in accordance with the criteria contained in the Act and Subpart B, and will notify the applicant of any missing information, any issues that require clarification, any errors or inaccuracies that exist in the application and any expenses that are listed as eligible by the applicant but that are ineligible under Section 653.112. The Department will begin its review process after the application is complete. An application is complete if all required information is included, is accurate if all calculations are correct, and is clear if the application is legible.
**History**
- *Source: Amended at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.205** Approval/Disapproval of Applicant's Program of Proposed Expenditures {#sec-653.205 omnilex-key=us-il-regs-official--title-92--653.205}
a) Within 45 days after the Department's receipt of the application, the Department will notify the applicant in writing of its approval or disapproval of the Program of Proposed Expenditures (POPE). (See Section 2-11 of the Act.)
b) Disapproval of Applicant's Program of Proposed Expenditures. The Department will disapprove an applicant's POPE that contains:
1) a finding that expenditures are being proposed for projects or purposes that are not in compliance with Section 2-5 of the Act; i.e., proposed expenditures are not related to the actual operation, maintenance or improvement of the applicant's proposed public transportation service; or
2) a finding that expenditures are being proposed for projects or purposes that are in conflict with established comprehensive transportation plans, where applicable; or
3) proposed expenditures that are not, or other information that is not, in compliance with the Act and Section 653.111 of this Part.
c) The Department will notify the applicant, in writing, of deficiencies in the applicant's POPE that result in disapproval and will include the reasons for disapproval. The applicant may, within 45 days after receipt of the disapproval, submit an amended application for that part of the application that was disapproved. The Department will then review the amended application in the same manner as provided in subsections (a) and (b) and, within 45 days after the Department's receipt of the amended application, the Department will notify the applicant in writing of its approval or disapproval of the amended POPE. The Department's decision concerning the amended application is final. (See Sections 2-11 and 2-12 of the Act.)
**History**
- *Source: Added at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.210** Approval of Application {#sec-653.210 omnilex-key=us-il-regs-official--title-92--653.210}
The Department will approve the application within 45 days after determining that all additional information requested from a participant regarding the application has been provided, that the initial or amended application, including the POPE, is in compliance with the Act and this Part, and that an appropriation sufficient to support the participant's application and POPE has been signed into law.
**History**
- *Source: Amended at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.220** Grant Contract Requirements and Procedures {#sec-653.220 omnilex-key=us-il-regs-official--title-92--653.220}
a) As a condition for receiving operating assistance, the applicant shall enter into a grant contract with the Department. The Department will send two copies of the grant contract to the applicant as soon as possible following notification that the application has been approved.
b) The grant contract shall include, at a minimum, the following terms and conditions:
1) funding amounts and limitations;
2) payment procedures and conditions;
3) the Department's attendance at the participant's FTA triennial reviews;
4) records maintenance and access requirements;
5) participant's authority to contract;
6) inspection rights of the State;
7) indemnification of the State;
8) audit scope, procedures and requirements;
9) provisions governing the legal relationships between the participant and the State, and other provisions as required by State or local laws; and
10) provisions regarding ethics, prohibited interests, a drug free workplace, non-discrimination, school bus operations, and other provisions as required by State law.
c) The applicant shall execute both copies of the grant contract and return both copies to the Department together with a resolution of the applicant's governing board and an opinion of counsel as described in subsections (d) and (e).
d) The applicant shall submit, with the executed grant contract, a certified resolution or ordinance adopted by the applicant's governing body that authorizes the execution of the grant contract and identifies the person, by position, authorized to sign the grant contract and payment requisitions and to provide official information to the Department.
e) The applicant shall submit, with the executed grant contract, a legal opinion from an attorney licensed to practice law in the State and authorized to represent the applicant in the matter of the grant contract, stating that:
1) the applicant is lawfully organized;
2) the applicant is an eligible participant under the Act;
3) the applicant is legally authorized to enter into the grant contract; and
4) the grant contract will be legally binding on the applicant.
f) Upon receipt of the applicant's executed grant contract, the applicant's governing body resolution or ordinance and the legal opinion, the Department will execute the grant contract on behalf of the State and will return one executed copy to the applicant.
g) The application and all other documents or materials requested by the Department, submitted by the applicant and accepted by the Department before and after grant contract execution, shall become a part of and incorporated into the grant contract.
**History**
- *Source: Amended at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.230** Amounts of and Limitations on Grants {#sec-653.230 omnilex-key=us-il-regs-official--title-92--653.230}
a) For fiscal year 2008 and thereafter, the Department is authorized under the continuing appropriation language of Sections 2-3(d) and 2-7(b) of the Act to pay a participant in an amount equal to 65% of the participant's actual eligible operating expenses up to the amount set forth in the State's annual budget or the formula amount required under Section 2-7(b-10) of the Act, whichever is greater. If a participant's actual eligible operating expenses for a particular fiscal year are unknown at the time the grant agreement is executed for the year, the Department will, as soon as practicable at the beginning of that fiscal year, enter into a grant contract for the amount set forth in the State's annual budget or for the formula amount required under Section 2-7(b-10) of the Act, depending on which is greater. (See Section 2-7 of the Act.)
b) The amount of operating assistance received from the State under the Act, together with any other operating assistance received from any federal, State or local agency, shall not exceed the participant's operating deficit for that fiscal year.
**History**
- *Source: Amended at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.240** Disapproval of Application (repealed) {#sec-653.240 omnilex-key=us-il-regs-official--title-92--653.240}
**History**
- *Source: Repealed at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.300** Quarterly Reports/Requisitions for Advance Payment {#sec-653.300 omnilex-key=us-il-regs-official--title-92--653.300}
a) Thirty calendar days before the end of a current quarter, the participant may file, on a form prescribed by the Department, the Quarterly Financial Report request for advance payment of estimated eligible operating expenses and revenues for the next quarter. This report shall contain a description of and amounts of estimated revenues and expenses and any other information required by the Department.
b) The earliest date that requisitions for payments based on estimates may be processed by the Department are detailed in this subsection (b); however, no payments will be made until the State's annual budget has been passed and grant contracts are fully executed by both the Department and the participant and filed with the Office of the Comptroller.
1) June 1 – for the 1st quarter (July, Aug., Sept.)
2) Sept. 1 – for the 2nd quarter (Oct., Nov., Dec.)
3) Dec. 1 – for the 3rd quarter (Jan., Feb., Mar.)
4) March 1 – for the 4th quarter (Apr., May, June)
(See Section 2-7(b) of the Act.)
**History**
- *Source: Amended at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.310** Reporting of Actual Expenses for All Quarters {#sec-653.310 omnilex-key=us-il-regs-official--title-92--653.310}
By December 1, March 1, May 1 and August 1, the participant shall file, on a form prescribed by the Department, a statement of actual eligible expenses incurred in the 1st, 2nd, 3rd and 4th quarters respectively, known as the Quarterly Financial Report – Actual Revenues and Expenses.
**History**
- *Source: Amended at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.320** Payment {#sec-653.320 omnilex-key=us-il-regs-official--title-92--653.320}
a) Participants may requisition based on estimated or actual expenses and revenues, or any combination of the two. Requisitions shall be filed with the Department, quarterly, on forms prescribed by the Department.
b) All payments by the Department are contingent upon the General Assembly's passing legislation, signed by the Governor, that appropriates and provides for the release of funds to the participant for operating assistance under the Act and this Part.
**History**
- *Source: Amended at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.330** Notification of Change in Services {#sec-653.330 omnilex-key=us-il-regs-official--title-92--653.330}
a) The participant shall file a Notification of Change in Services on a form prescribed by the Department at least 30 days prior to the participant's implementation of a proposed change in services when the change in services was not included in the application. If the participant does not file a Notification of Change in Services form at least 30 days prior to the implementation of the proposed change in services, the participant must not implement the change in services. The Notification of Change in Services shall include, but not be limited to, the following information:
1) the nature of the proposed change;
2) whether the proposed change is in an approved planning document; and
3) a description of, and the budgetary impact of, the proposed change that includes an estimate of the increase or decrease in operational expenses, revenues and ridership and an indication of the extent to which the service change will require additional equipment acquisition or reduction in equipment usage or needs.
b) A change in service means any of the following:
1) new service areas;
2) discontinuance of routes and/or service areas;
3) a structural revision of routes;
4) a change in hours or days of service; or
5) execution or termination of a purchased transportation contract.
c) A change in service does not mean:
1) temporary changes, e.g., routing due to temporary road closures, seasonal adjustments, natural disasters or emergencies; or
2) any changes described in subsection (b) that result in less than a 20% increase or decrease in total service provided or fares collected.
**History**
- *Source: Amended at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.335** Notification of Change in Fares {#sec-653.335 omnilex-key=us-il-regs-official--title-92--653.335}
The participant shall file a Notification of Change in Fares on a form, prescribed by the Department, at least 90 days prior to the participant's implementation of any proposed increase in fares when an increase in fares was not included in the application. If the participant does not file a Notification of Change in Fares form at least 90 days prior to the implementation of the proposed increase in fares, the participant must not implement the fare increase. When submitting the required notification, the participant shall, at a minimum, explain in detail why the fare increase is necessary and why other approaches to financial and operational management will not eliminate the need for an increase in fares.
**History**
- *Source: Added at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.340** Filing of Reconciliation Report for Actual Expenses Accrued in Fiscal Year {#sec-653.340 omnilex-key=us-il-regs-official--title-92--653.340}
a) On or before August 1 following each fiscal year for which the participant has received operating assistance, the participant shall file with the Department, on a form prescribed by the Department, a reconciliation statement and final requisition for actual but unaudited revenues and expenses accrued during that fiscal year.
b) Upon receipt of the documents referenced in subsection (a), the Department will reconcile the actual amounts paid to the participant with the total eligible reimbursement owed based on actual eligible expenses accrued for the fiscal year and will make payment to the participant for any amounts due.
c) Payment to the participant under this Section is contingent upon submission of the fiscal year final requisition and reconciliation report by August 1 as provided for in subsection (a). All funds in the Downstate Public Transportation Fund, except funds designated for payment of audit adjustments and 1st quarter estimated expenses for the succeeding fiscal year, revert to the Downstate Transit Improvement Fund on September 30 following the fiscal year for which the funds were appropriated. Failure to timely file the fiscal year final requisition and reconciliation report under this Section may jeopardize the Comptroller's ability to make a payment during the lapse period. In the event that the late filing by participant does not allow time for the Department to process payment under this Section, any funds due the participant upon completion of the State audit shall be paid to the participant as provided in Section 653.450.
**History**
- *Source: Amended at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.350** Downstate Transit Improvement Fund {#sec-653.350 omnilex-key=us-il-regs-official--title-92--653.350}
a) Except as otherwise provided in Section 2-15 of the Act, all funds that remain in the Downstate Public Transportation Fund or the Metro-East Public Transportation Fund after the payment of the fourth quarterly payment to participants other than Metro-East Transit District participants and the last monthly payment to Metro-East Transit participants in each fiscal year shall be transferred to the Downstate Transit Improvement Fund. Transfers shall be made no later than 90 days following the end of the fiscal year. Beginning fiscal year 2010, all moneys each year in the Downstate Transit Improvement Fund, held solely for the benefit of the participants in the Downstate Public Transportation Fund, shall be appropriated to the Department to make competitive capital grants to the participants of the respective funds. However, such amount as the Department determines to be necessary for allocation to participants for the purposes of Section 2-7 of the Act for the first quarter of the succeeding fiscal year and an amount equal to 2% of the total allocations to participants in the fiscal year that just ended to be used for the purpose of audit adjustments shall be retained in such funds to be used by the Department for such purposes. (Section 2-15 of the Act)
b) Competitive capital grants shall not be available for projects, purchases or purposes that are not:
1) required for the provision of public transportation;
2) identified in the Department's annual Capital Needs Assessment, which can be obtained from the Division of Public and Intermodal Transportation;
3) identified in the comprehensive long range or short range planning documents in the region for which the applicant is a part; and
4) in accordance with the guidelines set forth in the Department's Procedural Handbook for Public Transportation Capital Improvement Grants, which can be obtained from the Division of Public and Intermodal Transportation.
**History**
- *Source: Added at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.400** Year End Operating Data Report {#sec-653.400 omnilex-key=us-il-regs-official--title-92--653.400}
On or before August 1 following the fiscal year for which the participant has received State operating assistance under the Act, the participant shall file the Year End Operating Data Report with the Department. The report shall be on a form prescribed by the Department and shall include at a minimum:
a) operators' and other employees' salary and wages by position;
b) vehicle use; and
c) passenger trips by service type, passenger category and fare category. (See Section 2-4 of the Act.)
**History**
- *Source: Amended at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.410** Independent Audit Requirements and Procedures {#sec-653.410 omnilex-key=us-il-regs-official--title-92--653.410}
a) Deadline for Submission of Audit
No later than 180 days following the last day of the fiscal year, the participant shall provide the Department with an independent audit prepared by a licensed certified public accountant. This deadline may be changed, at the discretion of the Department, to accommodate the participant's fiscal year periods or due to unforeseen circumstances. (See Section 2-7(c) of the Act.)
b) Selection of Auditor
The selection of the licensed certified public accountant shall be made by the participant. However, any licensed certified public accountant selected by the participant shall be independent and shall not have a relationship with the participant that would create a conflict of interest. A conflict of interest will be deemed by the Department to exist where the licensed certified public accountant serves the participant in any capacity other than that of auditor for the participant or where the licensed certified public accountant has a relationship, contractual or otherwise, with the participant that would inhibit the ability to perform an independent audit.
c) Audit Requirements
1) The independent auditor shall review the following materials in preparing the audit report:
A) the Act;
B) the grant contract between the Department and participant;
C) this Part and pertinent forms prescribed by the Department; and
D) the appropriation legislation relating to the operating assistance grant.
2) The independent auditor shall examine the systems of internal control, systems established to ensure compliance with laws and regulations affecting the expenditure of State funds, financial transactions and accounts, and financial statements and reports of the participant. "Examine" means all that is necessary for the auditor to make the determinations required in this subsection (c)(2). These examinations are to determine whether:
A) There is effective control over and proper accounting for revenues, expenditures, assets, and liabilities.
B) The financial statements are presented fairly in accordance with generally accepted accounting principles adopted by AICPA.
C) The financial reports contain accurate and reliable financial data.
D) State funds are being expended in accordance with the terms of the grant contract and those applicable provisions of state law and regulations.
3) Compliance with Audit Standards
The audit shall be made in accordance with generally accepted auditing standards established by AICPA.
d) Requirements for Independent Audit Reports
1) Audit Report Elements
The audit report shall contain the following elements:
A) Scope of audit
B) A description of audit procedures used
C) Opinion
D) Findings
E) Recommendations
F) Financial statements and analyses
G) On forms prescribed by the Department, a schedule of operating revenues and expenses for the participant's grant contract period. (See Section 2-4 of the Act.)
2) Contents of Report
The audit report shall consist of the following:
A) Financial statements, including footnotes, of the participant.
B) The auditor's comments on the financial statements, which:
i) Identify the statements examined and the period covered.
ii) Express an opinion as to whether the financial statements are fairly presented in accordance with generally accepted accounting principles. If an unqualified opinion cannot be expressed, the nature of the qualification shall be stated.
C) Calculations, assurances (i.e., positive or negative assurances that something has been done) and certifications (i.e., statements by which it is declared that a fact is true or a requirement has been met), stating whether the requirements of subsection (c)(2) have been met by the Department, including, but not limited to, the following:
i) A determination and calculation of eligible and ineligible operating expenses.
ii) A determination and calculation that the State operating assistance, when added to the federal operating assistance, does not exceed the total operating deficit. Operating deficit shall be calculated as eligible expenses less revenues. In determining deficit, the definition of eligible expenses in the Act and this Part and the definition of revenue in the Act shall govern.
D) The auditor's assurances that:
i) The financial statements of the participant were prepared in accordance with generally accepted accounting principles adopted by the AICPA.
ii) Applicable laws were complied with by the participant.
iii) The participant's system of internal accounting controls and procedures were adequate relating to funds received and costs chargeable to the grant contract.
iv) State funds were expended in accordance with the grant contract.
E) The auditor's comments on compliance and internal control, which shall include:
i) Comments on weaknesses in and noncompliance with the systems of internal control, separately identifying material weaknesses.
ii) Identification of instances of noncompliances with the terms of the grant contract, State law or this Part, and the effect of the noncompliance, if any, on the reliability or accuracy of the financial statements and reports filed under this Part.
F) Comments on the accuracy and completeness of financial reports and claims for advances or reimbursement.
G) Comments on corrective action taken or planned by the participant relative to the audit findings of the previous year and recommendations for current year corrective action.
e) Access to and Retention of Auditor's Records
1) The participant shall require the independent auditor, in the letter of engagement or other contract for services document between the participant and the independent auditor, to give authorized representatives of the Department access to the independent auditor's working papers pertaining to the audit of the participant at reasonable times convenient to the Department and the independent auditor.
2) Work papers and reports shall be retained by the auditor for a minimum of three years from the date of the audit report unless the auditor is notified in writing by the Department of the need to extend the retention period. The three year period will be extended under the following conditions:
A) When the State audit is not conducted within the three year period; and
B) When there is litigation involving the provision of funds to the grantee.
**History**
- *Source: Amended at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.420** Review of Independent Audit {#sec-653.420 omnilex-key=us-il-regs-official--title-92--653.420}
The Department will review the independent audit to assure that the requirements of Subpart E have been met and will notify the participant and the independent auditor of any errors or omissions in the audit and any issues raised by the independent audit requiring clarification or revision.
##### **92 Ill. Adm. Code 653.430** State Review {#sec-653.430 omnilex-key=us-il-regs-official--title-92--653.430}
a) The Department shall perform a reconciliation, known as the State reconciliation, of the participant's financial records and the audit performed by the independent auditor submitted by the participant with its own forces or by contracting with an independent licensed certified public accountant solely at the expense of the Department. Any reconciliation under this Section shall begin no later than three years following the last day of the fiscal year that is being audited. The Department will perform a State reconciliation on all grants. The State reconciliation will be done after the Department receives the independent audit. The Department will give written notice to the participant of the dates scheduled for the State reconciliation, which shall be a time agreed upon by the grantee and the Department.
b) The independent auditor and the participant shall work with the Department in resolving any issues raised by the State reconciliation. Any issues that cannot be resolved to the mutual agreement of the Department, the participant and/or independent auditor shall be decided by the Department consistent with the Act, this Part and the Department's application and interpretation of generally accepted accounting principles adopted by the AICPA.
c) Upon resolution of the issues according to the procedures provided in subsection (b), the Department will issue a final State reconciliation report to the participant. Except for cases of fraud, the final State reconciliation report shall represent the final decision of the Department.
**History**
- *Source: Amended at 47 Ill. Reg. 1718, effective January 20, 2023*
##### **92 Ill. Adm. Code 653.440** Corrective Action by Participant {#sec-653.440 omnilex-key=us-il-regs-official--title-92--653.440}
Whenever the independent audit, reconciliation process, or State Compliance Review discloses significant weaknesses, irregularities and areas of noncompliance (i.e., failure by the grantee to act in accordance with any of the terms and conditions of the grant contract or State law, including by way of example and information only and not by way of limitation, conflicts of interest, falsification of records or reports and inadequate internal controls), the participant shall correct the weaknesses, irregularities and noncompliance consistent with the corrective recommendations of the independent audit or State reconciliation. "Inadequate" means unable to meet the requirements of State laws, this Part, and the terms of the grant contract.
**History**
- *Source: Amended at 47 Ill. Reg. 1718, effective January 20, 2023*
##### **92 Ill. Adm. Code 653.450** Reconciliation of Payments {#sec-653.450 omnilex-key=us-il-regs-official--title-92--653.450}
The Department will reconcile the amounts paid to the participant consistent with the participant’s audit and the Department’s final State reconciliation report. The Department will take the necessary steps to pay the participant any amounts due to the participant for the reconciled fiscal year. If the reconciliation reflects that the Department has overpaid the participant, then the Department shall notify the participant in writing of the amount due and request remittance. If the participant received actual payments that are less than the amount specified by the State reconciliation then the Department will pay the difference.
**History**
- *Source: Amended at 47 Ill. Reg. 1718, effective January 20, 2023*
##### **92 Ill. Adm. Code 653.460** Grant Closeout {#sec-653.460 omnilex-key=us-il-regs-official--title-92--653.460}
The Department shall consider the grant closed when the final reconciliation payment is made, either by the Department or the participant, as provided in Section 653.440. The Department shall send notification to the participant that the grant is closed. At the discretion of the Department, several years of audit reconciliation balances may be combined to allow for one payment to reconcile minor annual reconciliation balances.
**History**
- *Source: Amended at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.470** Finality of Prior Grant Related Decisions (repealed) {#sec-653.470 omnilex-key=us-il-regs-official--title-92--653.470}
**History**
- *Source: Repealed at 34 Ill. Reg. 13142, effective August 24, 2010*
##### **92 Ill. Adm. Code 653.500** Access to and Retention of Records {#sec-653.500 omnilex-key=us-il-regs-official--title-92--653.500}
a) The participant shall make available to any authorized representatives of the Department any and all checks, payrolls, invoices, contracts, vouchers, accounting and financial documents, correspondence, bills, accounts payable and receivable and data pertaining to the participant's operating expenses and revenues.
b) The participant shall maintain all financial records and documents pertaining to public transportation operating expenses and revenues for a minimum period of three years following the last day of the fiscal year or until notification by the Department that the grant is closed, whichever is later.
### **Subchapter j** Railroads
#### **Part 800** Rail Freight Program
##### **92 Ill. Adm. Code 800.10** Scope {#sec-800.10 omnilex-key=us-il-regs-official--title-92--800.10}
The Department has the power to enter into agreements to loan or grant state funds to any railroad, unit of local government, rail user, or owner or lessee of a railroad right-of-way to rehabilitate, improve or construct rail facilities. (Ill. Rev. Stat. 1985, ch. 127, par. 49.25g-1) The purposes of the program are to preserve private sector rail service on freight lines and to promote economic development through the retention and development of rail-dependent industry. The program is administered by the Illinois Department of Transportation, Bureau of Railroads. These rules contain the Illinois Department of Transportation's requirements for rail freight capital improvement projects and the management and administration of the projects funded under this program.
##### **92 Ill. Adm. Code 800.20** Definitions {#sec-800.20 omnilex-key=us-il-regs-official--title-92--800.20}
The following words or phrases when used in this Part shall have the meanings ascribed to them below.
"Benefit/Cost" – The ratio of project benefits and the net cost of the project.
"Benefits" are categorized into three groups:
Economic Benefits – measured as the addition/ retention of employment or the avoidable loss of business and its related jobs to a community.
Public Benefits – measured as the incremental reduction in directly related government expenditures resulting from the implementation of the rail project.
Transportation Benefits – measured as the avoidable, additional cost of transporting affected freight shipments by other modes.
"Contract" – The written agreement between the recipient and the Department defining the project and terms of the loan or grant.
"Contractor" – Any person or organization, including its directors, officers and others engaged in managerial positions, which perform or seek to perform services or provide or seek to provide materials to the recipient; or any contractor of such person or organization.
"Department" – The Illinois Department of Transportation.
"FRA" – The Federal Railroad Administration
"Fiscal Year" – The Fiscal Year of the State of Illinois; July 1 to June 30. A Fiscal Year is identified by the calendar year in which it ends.
"Net Project Cost" – The total expenditure of funds of a proposed project minus the salvage value of materials extracted from the line during the construction of that project.
"Project Completion" – When notified by the loan or grant recipient that a project is completed, Department engineers will perform a field inspection within 30 days unless weather conditions or a strike or lockout prevent inspection. If the work meets the terms of the loan or grant agreement, the project will be deemed complete and the recipient will be notified in writing.
"Project Life" – The number of years the recipient is willing to commit itself, or is required to provide service over a line. In the benefit/cost analysis, project life is the period of time over which proposed project benefits and costs are calculated.
"Recipient" – Grant or loan recipient.
"Residual Value of Project Materials" – As determined by the Department, the residual value will be the expected salvage value of project materials based on existing market values plus or minus the projected increase or decrease in value based on previous price trends.
"Salvage Value of Extracted Materials" – The expected salvage value of the materials which would be removed during a line rehabilitation and sold, either for scrap or reuse. Salvage value will be determined by the Department based on a survey of existing market prices.
"Secretary" – Secretary of the Illinois Department of Transportation.
"Term of Contract":
Loan: The period of time it takes for the recipient to repay the loan.
Grant: The number of years the recipient has committed itself, or is expected, to provide or use service over a line. The minimum service period is five years.
##### **92 Ill. Adm. Code 800.110** Review of Proposed Project {#sec-800.110 omnilex-key=us-il-regs-official--title-92--800.110}
a) A person or entity asking for assistance shall submit a formal, written request for State assistance to the Illinois Department of Transportation, Chief, Bureau of Railroads. Technical assistance is offered on request in the form of explaining the rights and duties of potential grant or loan recipients under federal abandonment regulations (49 U.S.C. 109) and the provision of engineering estimates or design plans (or verification of same) for projects.
b) Following the receipt of the request, the Department will immediately commence an analysis of the potential benefits and costs of each proposed project. Each proposed investment option will be analyzed by the Bureau of Railroads.
##### **92 Ill. Adm. Code 800.120** Project Analysis {#sec-800.120 omnilex-key=us-il-regs-official--title-92--800.120}
a) Economic Analysis
1) The Department will gather background, historical or projected cost and revenues on the line, including on-line and off-line costs, maintenance expenditures, and administrative overhead. Current or proposed operation including service frequency, crew size and engines are incorporated.
2) The Department will use shipper-provided information to estimate the impacts due to loss of rail service or benefits of new or improved rail service, including actual and projected car loadings, employment impacts and transportation costs.
3) The Department will use the information obtained in Section 800.120(a)(2) to determine the total benefits to be realized from the proposed project over a project life of at least five years which reflects a minimum service or use commitment required for State investment.
b) Engineering Analysis
1) The Department will perform a detailed field inspection of the project. It will sample track condition (a minimum of 5 samples per line) and assess each switch, crossing, and structure on a line. It will use the railroad's published engineering standards or appropriate AREA specifications (1985-86 Manual For Railway Engineering, Vol. I & II and Portfolio of Trackwork Plans, American Railway Engineering Association, Washington, D.C. 1985. This incorporation by reference does not include any subsequent amendments or editions) where required.
2) The Department will distribute shipper surveys to every shipper on a line to determine existing and projected transportation needs for which State assistance is requested. This proprietary information will be used to determine impacts of the loss or failure to provide service. Based on the inspection, the Department will develop a physical description of the project, including track, switches, crossings and structures, emphasizing the condition and load bearing capability of the components.
3) The project description will be used to estimate the necessary construction, rehabilitation and/or improvement costs to bring the line up to (or maintain) the appropriate Federal Railroad Administration (FRA) safety class standards (49 CFR 213 (1985)). The Department will perform or verify engineering cost estimates to determine the estimated cost of the project for necessary construction or rehabilitation. The development or verification shall include, as applicable, the land that must be acquired, the lineal footage of track to be constructed, improved, or rehabilitated, material items needed, number of units of materials, unit cost of materials, total materials costs, net salvage value of materials to be replaced, labor cost to install materials, special equipment costs, and the total net cost.
4) Based on these estimates the Department will determine the cost component of the benefit/cost analysis by calculating the capital investment required to implement the project, less the residual value of the project material after the project life has been realized.
c) Comparison of Economic Benefits to Project Costs
The Department will determine a project's eligibility based on a benefit/cost ratio. Failure of benefits to exceed costs will render a proposed project ineligible.
d) The applicant may respond to the preliminary review by providing additional benefit and cost information.
##### **92 Ill. Adm. Code 800.130** Public Review of State Rail Plan Update {#sec-800.130 omnilex-key=us-il-regs-official--title-92--800.130}
a) The detailed line analyses will be published in the State Rail Plan Update or as individual amendments thereto. They will be available for public review from the Department. Notification of updates and amendments will be placed in the official State paper and project area local papers. This will provide all interested parties with the opportunity to review each project analyzed and understand the benefits and cost associated with each project. The State Rail Plan Update will contain the following items:
1) Documentation of any changes in Department rules which may affect the plan.
2) Evaluations of the efficacy of the project(s) for employment retention or development associated with continued or new rail services as described in Section 800.20 under "Economic Benefits."
3) Updated information from previous published plans or amendments (if any) which have been found to be incomplete or incorrect as a result of actions on the part of shippers, railroads, or units of local government.
4) A list of lines abandoned or services which have been discontinued since the last submission of the Plan Update.
5) Changes in State legislation affecting State funds for rail purposes.
6) Other updates and analyses as may be appropriate as a result of actions by railroad companies, the Interstate Commerce Commission, or other State agencies, such as:
A) changes in System Diagram Maps produced by railroads;
B) petitions for abandonment under 49 U.S.C. 109 (1985) or Ill. Rev. Stat. 1985, ch. 95½, pars. 18C-1701 et seq., or Interstate or Illinois Commerce Commission actions on such petitions.
b) Notice of the opportunity for a public hearing on the Rail Plan shall be published. The public shall be allowed thirty days to review and comment on each project analyzed. Notice of the hearing shall be published.
##### **92 Ill. Adm. Code 800.140** Determination of Project Potential {#sec-800.140 omnilex-key=us-il-regs-official--title-92--800.140}
a) Following the thirty day review period, the Department will use the line analysis and the record of written and oral public comments to reevaluate and, if necessary, amend its project analysis.
b) Eligible projects will be funded in the order that the applicant submits completed acquisition of right-of-way agreements, railroad service agreements, and additional funding agreements, if necessary as funds are available.
##### **92 Ill. Adm. Code 800.310** Procurement {#sec-800.310 omnilex-key=us-il-regs-official--title-92--800.310}
a) The recipient shall use its best efforts (as outlined in (b), (c), (d) and (e)) below to coordinate the construction and purchase of the itemized materials in the stated quantities at or below the estimated prices listed in the contract. In the event actual prices are less than or more than the estimates contained in the contract, the Department will authorize the recipient to internally adjust the line item budgets up or down to maximize purchasing power. An internal adjustment is one that affects the unit price of the elements of a line item. The Department will permit these adjustments when the request is verified via an engineering evaluation. Such adjustments are necessary to account for changes in unit prices (and therefore the line item total) which may vary by quantity and with the passage of time. These adjustments shall not increase the State's funding. Any upward internal adjustment of line item budgets over ten percent shall require an amendment to the contract. Authorization is required to assure that line item adjustments are not, in the case of lowering the unit price, resulting in the purchase of inferior or substandard materials. In the case of raising the unit costs, authorization is required to assure that line item adjustments are not resulting in the purchase of materials at costs greater than available elsewhere, or for materials that exceed project specifications. Downward adjustments of more than ten percent may occur with the Department's permission.
b) The recipient shall, to the extent of its ability and consistent with the other provisions of the contract, take all cash and trade discounts, tax exemptions or other credits in connection with goods and services purchased or used on any approved project or task. The recipient may procure goods and services from the recipient's stocks or under long-term continuing supply contracts.
c) All procurement transactions, regardless of whether by sealed bids or by negotiation and without regard to dollar value, shall be conducted in a manner that provides maximum open and free competition with these requirements:
1) that no fewer than three bidders will be solicited unless fewer than three bidders can be identified; and
2) that the lowest bid responding to the bid requirements is selected.
d) Solicitations of offers, whether by competitive sealed bids or competitive negotiation, shall incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description shall not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured, and when necessary, shall set forth those essential characteristics and standards to which it must conform if it is to satisfy its intended use.
e) Awards shall be made only to responsible contractors who possess the potential ability to perform successfully under the terms and conditions of a proposed procurement. The ability to perform will be based on the record of past performance, and financial and technical resources.
##### **92 Ill. Adm. Code 800.320** Financing the Project {#sec-800.320 omnilex-key=us-il-regs-official--title-92--800.320}
a) The Department will make available to the recipient in the form of a loan or grant, such funds in such amounts as are necessary to finance the project. The Department generally offers funds in the form of a loan except for one or more of the following reasons:
1) When the offering of a grant instead of a loan affects the projects viability;
2) When the offering of a grant instead of a loan attracts investment by another party or parties greater than the State's investment;
3) When the offering of a grant instead of a loan is necessary due to a recipient's limited ability to repay loan amounts;
4) When the offering of a grant instead of a loan is warranted because the projected profitability of the rail operation subsequent to the rehabilitation, improvement or construction provides insufficient return to cover the repayment of loaned funds; and
5) When the offering of a grant instead of a loan is warranted because of the high level of public, transportation, and economic benefits which will accrue as a result of the project.
b) The terms and conditions of a loan shall be:
1) the term of a loan shall be the minimum equal to that of the benefits, or the benefit stream (five year benefit equals a five year loan);
2) the interest rate shall never be higher than the prime; and
3) repayment may be made without interest penalties.
c) State funds will be provided on a reimbursement basis. The State's total share of the project cost shall be stated in the contract. The terms and conditions under which the Department will make such funds available to the recipient are contained in the contract.
d) The recipient may not delete or add to any of the work items in the contract without written approval of the Department. Deletions and additions will be approved provided they do not affect the costs or benefits of a project in such a way that they cause the cost of a project to equal or exceed the benefits of a project as described in 800.120. Any costs incurred by the recipient in excess of the net project cost, as provided in the contract, shall be the sole responsibility of the recipient. The obligation of the Department to make funds available pursuant to the contract and to make payments under the contract is subject to appropriations by the Illinois General Assembly.
e) Costs incurred prior to contract execution are ineligible as project costs.
##### **92 Ill. Adm. Code 800.330** Use and Maintenance of Property {#sec-800.330 omnilex-key=us-il-regs-official--title-92--800.330}
The property which is constructed, improved or rehabilitated under the contract is to be used in conjunction with rail freight service for a minimum of five years following project completion or while any funds loaned by the Department remain unrepaid. The property must also be maintained at the level established in the contract for a minimum of five years or while any funds loaned by the Department remain unrepaid.
##### **92 Ill. Adm. Code 800.340** Ownership of Material and Property Management {#sec-800.340 omnilex-key=us-il-regs-official--title-92--800.340}
All materials financed with State funds provided under the contract shall be owned by the recipient. In the event the recipient invoices the Department under Section 800.380 for materials prior to installation of said materials, the recipient shall not, for the period that such materials are held in inventory, sell, lease, assign, mortgage, or otherwise transfer its interest in the materials without prior written approval of the Department. Approval will be granted when the transfer is made subject to the State's security interest.
##### **92 Ill. Adm. Code 800.350** Security Interest {#sec-800.350 omnilex-key=us-il-regs-official--title-92--800.350}
a) The Department shall retain a purchase money security interest on all such rail and ties, purchased with State funds under the contract. The Department will perfect said security interest at its own expense.
b) All loan recipients shall grant the Department a first mortgage on rail and ties financed with State funds provided under the contract. The recipient shall be responsible for preparing mortgage documents enforceable by the Department and filing executed mortgage documents with the appropriate Recorder(s) of Deeds. The recipient shall provide the Department with legal descriptions of the property on which rail and ties are to be installed.
c) The Department's obligation to make payments to the recipient under Section 800.380 is expressly conditioned upon prior receipt by the Department of the above-described mortgage documents and legal descriptions. The recipient shall provide the Department with an inventory identifying materials financed with State funds. Ties and rail shall be identifiable by distinctive durable mark or brand. Upon full payment and satisfaction of all of the recipient's liabilities under the contract, the Department will provide the recipient with a written release of its security.
##### **92 Ill. Adm. Code 800.360** Default {#sec-800.360 omnilex-key=us-il-regs-official--title-92--800.360}
Default under the contract shall occur if a loan recipient fails to make any payment to the Department as required by the contract. Upon the occurrence of such a default, the Department will have the right to foreclose.
##### **92 Ill. Adm. Code 800.370** Monitoring of Work {#sec-800.370 omnilex-key=us-il-regs-official--title-92--800.370}
a) During construction, the Department or its representatives will monitor work in progress to verify that all work items are being done to contract specifications.
b) The Department shall have the right to have one or more of its representatives present on the work site during working hours. Upon a minimum of 24 hours notice, the recipient shall allow the Department to visit the project site and inspect all books and records of the recipient relating to the project.
##### **92 Ill. Adm. Code 800.380** Payments {#sec-800.380 omnilex-key=us-il-regs-official--title-92--800.380}
The Department will make payments, only for materials purchased or work completed, within ninety days of the receipt by the Department of itemized invoices showing a balance due to the recipient. The Department will make payment provided that the invoices are appropriately supported by supplemental information which shows an itemization of labor performed, materials procured and installed, and special equipment employed.
##### **92 Ill. Adm. Code 800.390** Retainage {#sec-800.390 omnilex-key=us-il-regs-official--title-92--800.390}
The Department shall retain up to ten percent of its total share of a project as follows: For projects of less than $25,000, no retainage shall be employed, for projects of more than $25,000, but less than $500,000, ten percent shall be retained. For projects of $500,000 or greater, five percent shall be retained. The following are the two instances when the State's retainage is released:
a) if the State is financing only part of the project, the retainage shall be released to the recipient within ninety calendar days of when the Department's engineer verifies that the State's share of the project has been completed, and the remaining portion of the project is proceeding on schedule. If the remaining portion of the project is not on schedule, then the State will hold the retainage until total project completion; and
b) if the State is financing the total project, the retainage will be released to the recipient within ninety days after the Department's engineer has approved total project completion.
##### **92 Ill. Adm. Code 800.400** Indemnity {#sec-800.400 omnilex-key=us-il-regs-official--title-92--800.400}
If any loss, damage, destruction, injury or death occurs to any person or property as a result of or in the course of the performance by recipient of its obligations under the contract, (including acts or omissions of a contractor) whether intentional or unintentional, recipient agrees to indemnify and hold harmless the State from any and all liability of State which may result from any such loss, damage, destruction, injury or death, including all related costs and legal fees; provided, however, that recipient is not obligated to indemnify and hold harmless the State from liability for injury or death when the injury or death is caused by the negligence or intentional act of an employee or agent of the State.
##### **92 Ill. Adm. Code 800.410** Project Audit {#sec-800.410 omnilex-key=us-il-regs-official--title-92--800.410}
a) Upon a minimum 24-hour notice, the recipient shall allow the Department to inspect all books and records of the recipient relating to the project or task receiving funds under the contract. The recipient shall maintain the following until the expiration of three years after the project completion:
1) records that identify the expenditure of funds for the projects;
2) supporting source documents;
3) records that are required for the recipient to show compliance with the contract; and
4) records necessary to disclose fully the amount and disposition of funds provided under the contract and charged to an approved project or task, evidencing in detail the nature and propriety of the charges, the total cost of each undertaking for which the assistance was loaned or granted, the amount of the costs of the undertaking supplied by other sources, and books, records, and documents needed for a full and complete verification of recipient's obligations and responsibilities and all payments and charges under the contract. These records include bid specifications, bid advertisement, bids received, copies of contracts and subcontracts, detailed billings, work schedules, labor time sheets, invoices of materials procured, an inventory of materials installed, and invoices of special equipment.
b) The recipient shall maintain a set of accounting records separately identifiable for the project funded by the State.
c) Subcontracts:
The recipient shall include the substance of the provisions of subsection (a) of this Section in all subcontracts entered pursuant to the contract.
d) Overpayment by State:
If the Department's final audit determines that the recipient's allowable costs are less than the amount that has been paid to recipient, that amount will be subtracted from the retained amount provided for in Section 800.380. An allowable cost is a line item, identified on the contract, for which the State has agreed to provide funds. If the retained amount is insufficient for these purposes, the recipient shall repay the Department within ninety days after the Department notifies recipient of the amount of said overpayment. The recipient reserves the right to correct its billing within ninety days after the Department notifies recipient of an overpayment by submitting other allowable costs for reimbursement. The recipient shall repay the State within ninety days after receiving Department notification of adjusted overpayment.
##### **92 Ill. Adm. Code 800.420** Termination {#sec-800.420 omnilex-key=us-il-regs-official--title-92--800.420}
a) Recipient's Termination:
The recipient shall have the right to terminate the contract in the event of a material breach of the contract by the Department. The recipient shall provide the Department with thirty days written notice in the exercise of its rights under this provision. The recipient will repay loaned amounts according to contract repayment provisions. The recipient will not be required to repay funds granted prior to termination.
b) Suspension of Funding or Termination by Department:
The Department shall have the right to suspend funding of the project at any time and for so long as recipient is in material breach of the contract as provided in Section 800.430(a) or in any way fails to substantially comply with material terms and conditions of the contract. If the Department determines that noncompliance cannot be cured then the Department shall terminate the contract upon thirty days written notice.
c) If the State exercises its right to terminate the contract, then all amounts loaned or granted shall be repaid to the State. If, for whatever reason, the loan recipient exercises its right to terminate the contract, then all amounts loaned shall be repaid to the State.
##### **92 Ill. Adm. Code 800.430** Material Breach {#sec-800.430 omnilex-key=us-il-regs-official--title-92--800.430}
a) Recipient:
Material breach under the contract will occur in the following instances:
1) any sale or disposition of the rail facility (track and materials) which is not approved in writing by the Department;
2) failure to maintain the property at the level to which it was rehabilitated, improved or constructed, as provided in Section 800.330;
3) failure to use the property for rail service, as provided in Section 800.330;
4) filing of an application for abandonment under 49 U.S.C. 109 (1985) or Ill. Rev. Stat. 1985, ch. 95½, pars. 18C-1701 et seq. in the Interstate Commerce Commission or the Illinois Commerce Commission (92 Ill. Adm. Code 1520); and
5) failure to comply with any portion of the contract involving the rights or obligations of the parties.
b) Department:
Material breach under the contract will occur when and if the Department fails to make any payment due to the recipient within a maximum of ninety days of receipt of a properly prepared invoice and any necessary documentation of work from the recipient.
##### **92 Ill. Adm. Code 800.440** Force Majeure {#sec-800.440 omnilex-key=us-il-regs-official--title-92--800.440}
In the event that the recipient or a contractor is delayed, hindered in, or prevented from the performance of any act required by the contract by reason of any of the following:
a) strikes, lockouts, labor troubles;
b) unduly harsh weather conditions, not including foreseeable and ordinary adverse weather conditions such as rain and snow, which prevent the normal performance of the rehabilitation project;
c) inability to procure materials;
d) failure of power;
e) riots, insurrection, or war; or,
f) any Act of God;
the time of performance of such delayed party may be extended for a time period equal to such delay.
##### **92 Ill. Adm. Code 800.450** Dispute or Disagreement {#sec-800.450 omnilex-key=us-il-regs-official--title-92--800.450}
The Chief of the Bureau of Railroads of the Department shall act as referee in all questions or disputes arising under the terms of a contract. In the event a recipient is aggrieved by the decision of the Bureau Chief, the recipient may appeal in writing to the Secretary, completely outlining the nature and extent of the question or questions appealed together with any supporting documentation. Department shall not delay resolution of any such dispute or disagreement beyond 90 days. In the event that the recipient is aggrieved by the decision of the Department, the recipient shall have the right to seek appropriate remedies at law or in equity.
##### **92 Ill. Adm. Code 800.460** Amendments to a Contract {#sec-800.460 omnilex-key=us-il-regs-official--title-92--800.460}
a) Amendments to loan or grant contracts are considered in three instances:
1) when the Department and the recipient determine, through a field inspection by their engineer(s), that the construction or rehabilitation to be performed under an agreement exceeds that which is necessary to achieve the benefits of the project;
2) when the Department and the recipient find that construction or rehabilitation fails to meet that which is required to achieve the project benefits; or
3) when the Department and the recipient find that alterations and technical adjustments to the terms and conditions of an agreement would mutually benefit the signatories to the agreement and would not jeopardize the benefits underlying the project.
b) The amendment will detail the precise terms and conditions and/or engineering alterations which will be necessary.
#### **Part 810** Local Rail Service Assistance Program
##### **92 Ill. Adm. Code 810.10** Scope {#sec-810.10 omnilex-key=us-il-regs-official--title-92--810.10}
The Illinois Department of Transportation (the Department) has the power to enter into agreements to loan or grant Federal and/or state funds to any railroad, unit of local government rail user, or owner or lessee of a railroad right-of-way to rehabilitate, improve or construct rail facilities. The Department also has the power to grant or loan funds to any rail users located on an abandoned line, to a unit of local government, or to an owner or lessee of an abandoned railroad right-of-way to undertake substitute service projects. (Section 49.25g of the Civil Administrative Code of Illinois (Ill. Rev. Stat. 1987, ch. 127, par. 49.25g)) The purposes of the program are to preserve private sector rail service on freight lines and to promote economic development through the retention and development of rail-dependent industry. The program is administered by the Illinois Department of Transportation, Bureau of Railroads. This Part contains the Illinois Department of Transportation's requirements for Local Rail Service Assistance projects and for the management and administration of the projects funded under this program.
##### **92 Ill. Adm. Code 810.20** Incorporation by Reference of Federal Regulations and Federal Grant Agreement {#sec-810.20 omnilex-key=us-il-regs-official--title-92--810.20}
With respect to Local Rail Service Assistance (LRSA) project requirements, this Part incorporates by reference 49 CFR 255 (1987), 49 CFR 266 (1987), not including any later amendments or editions, and "Grant Agreement for Local Rail Service Assistance Under Section 5 of the Department of Transportation Act" (49 U.S.C. 1654, as amended by the Local Rail Service Assistance Act of 1978), effective April 22, 1986. Copies of the federal regulations and grant agreement are available from the Chief, Bureau of Railroads, 2300 S. Dirksen Parkway, Springfield, Il. 62764.
##### **92 Ill. Adm. Code 810.30** Definitions {#sec-810.30 omnilex-key=us-il-regs-official--title-92--810.30}
The following words or phrases, when used in this Part, and in conjunction with the federal rules, shall have the meanings ascribed to them below:
"Benefit/Cost" – The ratio of project benefits and the net cost of the project.
"Benefits" are categorized into three groups:
Economic Benefits – measured as the addition/retention of employment or the avoidable loss of business and its related jobs to a community.
Public Benefits – measured as the incremental reduction in directly related government expenditures resulting from the implementation of the rail project.
Transportation Benefits – measured as the avoidable, additional cost of transporting affected freight shipments by other modes or other routing.
"Contract" – The written agreement between the recipient and the Department defining the project and terms of the loan or grant.
"Department" – The Illinois Department of Transportation.
"FRA" – The Federal Railroad Administration.
"Light Density Rail Line" – Those rail lines which carry less than 3 million gross tons per mile per year.
"Local Rail Service Assistance Program (LRSA)" – The LRSA program provides loans or grants for capital improvements to light density rail lines and for substitute service projects. LRSA funding is normally 70 percent federal and 30 percent State or local, but these percentages may change in the future. Federal funding levels are determined by Congress and may be altered from time to time due to amendments to the Department of Transportation Act (49 U.S.C. 1654 as amended by the Local Rail Service Assistance Act of 1978).
"Project Life" – The number of years the recipient is willing to commit itself, or is required, to provide service over a line. In the benefit/cost analysis, project life is the period of time over which proposed project benefits and costs are calculated.
"Recipient" – Grant or loan recipient.
"Residual Value of Project Materials" – As determined by the Department, the residual value will be the expected salvage value of project materials based on existing market values plus or minus the projected increase or decrease in value based on price trends.
"Salvage Value of Extracted Materials" – The expected salvage value of the materials which would be removed during a line rehabilitation and sold, either for scrap or reuse. Salvage value will be determined by the Department based on a survey of existing market prices.
"State Rail Plan Update" – The document published by the Department every two years which describes the LRSA program methodology. The plan is also used to establish project eligibility.
"Substitute Service" – Assistance designed to reduce the costs of lost rail service in a manner less expensive than continuing that rail service and includes (but is not limited to) the acquisition, construction, or improvement of facilities for the provision of substitute freight transportation services and/or the relocation of shippers.
##### **92 Ill. Adm. Code 810.40** Eligibility Process: Review of Proposed Project {#sec-810.40 omnilex-key=us-il-regs-official--title-92--810.40}
a) A person or entity asking for financial assistance shall submit a formal, written request for State assistance to the Illinois Department of Transportation, Chief, Bureau of Railroads. Technical assistance, moreover, is also offered and can encompass the Department's review of engineering plans, project specifications and estimates for track construction or rehabilitation, as well as assistance to those faced with a downgrading or potential loss of rail freight service through abandonments.
b) Following the receipt of the request, the Department will immediately begin an analysis, as described in Section 810.60, of the potential benefits and costs of each proposed project. Each proposed investment option will be analyzed by the Bureau of Railroads.
##### **92 Ill. Adm. Code 810.50** Criteria for Project Selection {#sec-810.50 omnilex-key=us-il-regs-official--title-92--810.50}
a) The Department's role in selecting projects is shaped by its commitment to preserving the private-sector rail industry which serves and sustains the Illinois economy. The Department views its primary role as a catalyst to private-sector solutions for local freight service problems. While its ability to resolve local rail service problems is limited by the availability of funds, the Department will select projects based on the following criteria:
1) Lines with the greatest potential for regional economic development or retention, measured in the number and type of businesses, jobs and traffic that would be affected by a project.
2) Lines with the greatest potential for improving access to markets for Illinois agricultural products, coal and industrial products.
3) Lines in which the State's participation will leverage private investment and which will benefit the State's economic growth by fostering permanent solutions to rail service problems.
b) A determination of project eligibility does not guarantee implementation of a LRSA project. The State's decision to commit funds can be influenced by its limited financial resources; the lack of commitment, financial or otherwise, by shippers, railroads and local governmental entities; or by the prospective recipient's inability to establish the necessary detailed ownership and service arrangements. (For example, a typical type of service arrangement may include, but not be limited to, the execution of an industrial track agreement, a switching agreement or a trackage rights agreement; a typical type of land acquisition arrangement may include, but not be limited to, the conveyance of land by warranty deed, quit claim deed or lease agreement.) The LRSA program targets funds toward loans and, to a diminishing degree, grants that hold the most potential to provide permanent solutions to rail service problems on light density lines. Grants, generally, are awarded where additional public and/or private investments are present. Loans, generally, are provided where returns to a railroad generate a profit or where there are economic benefits accruing to a single industry, without major employment creation or retention.
c) Financing the Project
The Department will make available to the recipient in the form of a loan or grant, such funds in such amounts as are necessary to finance the project. The Department generally offers funds in the form of a loan except for one or more of the following reasons:
1) When the offering of a grant instead of a loan affects the project's viability;
2) When the offering of a grant instead of a loan attracts investment by another party or parties greater than the State's investment;
3) When the offering of a grant instead of a loan is necessary due to a recipient's limited ability to repay loan amounts;
4) When the offering of a grant instead of a loan is warranted because the projected profitability of the rail operation subsequent to the rehabilitation, improvement or construction provides insufficient return to cover the repayment of loaned funds; and
5) When the offering of a grant instead of a loan is warranted because of the high level of public transportation, and economic benefits which will accrue as a result of the project.
d) The terms and conditions of a loan shall be:
1) the term of a loan shall be the minimum equal to that of the benefits, or the benefit stream (five year benefit equals a five year loan);
2) the interest rate shall never be higher than the prime; and
3) prepayment may be made without interest penalties.
##### **92 Ill. Adm. Code 810.60** Project Analysis {#sec-810.60 omnilex-key=us-il-regs-official--title-92--810.60}
a) Economic Analysis
1) The Department will gather background, historical or projected cost and revenues on the line, including on-line and off-line costs, maintenance expenditures, and administrative overhead. The Department will also evaluate the current or proposed operation, including service frequency, crew size and engines.
2) The Department will use shipper-provided information to estimate the impacts due to loss of rail service or benefits of new or improved rail service, including actual and projected car loadings, employment impacts and transportation costs. The Department will distribute shipper surveys to every shipper on a line to determine existing and projected transportation needs for which State assistance is requested. This proprietary information will be used to determine impacts of the loss of, or failure to provide, service.
3) The Department will use the information obtained in subsection (a)(2) to determine the total benefits to be realized from the proposed project over a project life of at least five years, which reflects a minimum service or use commitment required for State investment.
b) Engineering Analysis
1) The Department will perform a detailed field inspection of the project. It will sample track condition and assess each switch, crossing, and structure on a line. It will use the railroad's published engineering standards or appropriate AREA specifications (1985-86 Manual For Railway Engineering, Vol. I & II and Portfolio of Trackwork Plans, American Railway Engineering Association, Washington, D.C., 1985, not including any subsequent amendments or editions).
2) Based on the inspection, the Department will develop a physical description of the project, including track, switches, crossings and structures, emphasizing their condition and capability.
3) The project description will be used to estimate the necessary construction, rehabilitation and/or improvement costs to bring the line within (or to maintain) the appropriate Federal Railroad Administration safety class standards (49 CFR 213 (1985), not including any later amendments or editions). The Department will perform or verify engineering cost estimates to determine the estimated cost of the project for necessary construction or rehabilitation. The development or verification shall include, as applicable, the lineal footage of track to be constructed, improved, or rehabilitated, material items needed, number of units of materials, unit cost of materials, total materials cost, net salvage value of materials to be replaced, labor cost to install materials, special equipment costs, and the total cost.
4) Based on these estimates the Department will determine the cost component of the benefit/cost analysis by calculating the capital investment required to implement the project, less the residual value of the project material after the project life has been realized.
c) Comparison of Benefits to Project Costs
The Department will determine a project's eligibility based on a benefit/cost ratio, as well as the criteria found in Section 810.50(b). In all cases, however, failure of benefits to exceed costs will render a proposed project ineligible.
d) The applicant may respond to the preliminary review by providing additional benefit and cost information.
##### **92 Ill. Adm. Code 810.70** Public Review of State Rail Plan Update {#sec-810.70 omnilex-key=us-il-regs-official--title-92--810.70}
a) The detailed line analyses will be published in the State Rail Plan Update or as individual amendments thereto. They will be available for public review from the Department. Notification of updates and amendments will be placed in the official State newspaper and local newspapers within the project area. This will provide all interested parties with the opportunity to review each project analyzed and understand the benefits and cost associated with each project. The State Rail Plan Update will contain the following items:
1) Documentation of any changes in Department rules which may affect the plan.
2) Evaluations of the efficiency of the project(s) for employment retention or development associated with continued or new rail services as described in Section 810.30 under "Economic Benefits."
3) Updated information from previous published plans or amendments (if any) which have been found to be incomplete or incorrect as a result of actions on the part of shippers, railroads, or units of local government.
4) A list of lines abandoned or services which have been discontinued since the last submission of the Plan Update.
5) Changes in State or federal legislation affecting funds for rail purposes.
6) Other updates and analyses as may be appropriate as a result of actions by railroad companies, the Interstate Commerce Commission, or other State agencies, such as:
A) Changes in System Diagram Maps produced by railroads;
B) Petitions for abandonment under 49 U.S.C. 109 (1985) (the Revised Interstate Commerce Act) or Sections 18C-1701 et seq. of the Illinois Commercial Transportation Law (Ill. Rev. Stat. 1987, ch. 95½, pars. 18C-1701 et seq.) or Interstate or Illinois Commerce Commission actions on such petitions.
b) Notice of the opportunity for a public hearing on the Rail Plan shall be published in accordance with 49 CFR 266.15 (1987), not including any later amendments or editions). The Public shall be allowed thirty days to review and comment on each project analyzed. Notice of the hearing shall also be published, as applicable.
##### **92 Ill. Adm. Code 810.80** Determination of Project Potential {#sec-810.80 omnilex-key=us-il-regs-official--title-92--810.80}
a) Following the thirty day review period, the Department will use the line analysis and the record of written and oral public comments to reevaluate and, if necessary, amend its project analysis.
b) Eligible projects will be contractually funded in the order that the applicant submits completed acquisition of right-of-way agreements, railroad service agreements, and additional funding agreements, if necessary, and as funds are available. No eligible project will receive a loan or grant unless 100% funding is available to ensure project completion.
##### **92 Ill. Adm. Code 810.90** Retainage {#sec-810.90 omnilex-key=us-il-regs-official--title-92--810.90}
The Department shall retain up to ten percent of its total share of a project as follows: for projects of less than $25,000, no retainage shall be held; for projects of more than $25,000 but less than $500,000, ten percent shall be retained; for projects of $500,000 or greater, five percent shall be retained. The following are the two instances when the State's retainage is released:
a) If the State is financing only part of the project, the retainage shall be released to the recipient within ninety calendar days of when the Department verifies that the State's share of the project has been completed, and the remaining portion of the project is proceeding on schedule, as evidenced by the Department's engineering inspection reports. (Engineering inspections are required in accordance with the Department of Transportation Act (49 USC 1654, as amended by the Local Rail Service Assistance Act of 1978)). If the remaining portion of the project is not on schedule, then the State will hold the retainage until total project completion; and
b) If the State is financing the total project, the retainage will be released to the recipient within ninety days after the Department's engineer has approved total project completion. Total project completion is determined by the Department's engineer and coincides with the completion of all work or line items found within the project contract.
## **Chapter II** Secretary of State
### **Part 1000** General Rules, Definitions
##### **92 Ill. Adm. Code 1000.10** Definitions {#sec-1000.10 omnilex-key=us-il-regs-official--title-92--1000.10}
a) The definitions in Chapter 1 of the Illinois Vehicle Code (IVC) [625 ILCS 5] govern words and phrases in this Part and all Parts within 92 Ill. Adm. Code: Chapter II unless the context clearly requires otherwise.
b) The definitions in Chapter 1 of the IVC apply generally, and definitions appearing elsewhere in the IVC apply specifically to the Chapter or Article or Section in which they are found. [625 ILCS 5]
c) The abbreviation "IVC" means The Illinois Vehicle Code [625 ILCS 5].
d) "Secretary" means the Secretary of the State of Illinois.
**History**
- *Source: Amended at 47 Ill. Reg. 11475, effective July 13, 2023*
##### **92 Ill. Adm. Code 1000.20** Appointment of Subordinates {#sec-1000.20 omnilex-key=us-il-regs-official--title-92--1000.20}
a) The Secretary of State shall appoint a Deputy Secretary of State, Assistant Secretary of State, a General Counsel, Directors, and Chief Deputy Directors for the departments established by the Secretary, and other employees as may be necessary to administer the provisions of the IVC.
b) The Secretary may further contract with persons as necessary.
c) Subordinate officers, assistants, and employees of the Office of the Secretary of State are subject to the State Officials and Employees Ethics Act [5 ILCS 430], the Secretary of State Merit Employment Code [15 ILCS 310], Title 80, Parts 410 and 420 of the Illinois Administrative Code, and the Secretary of State's Policy Manual. Contractors shall be subject to the Secretary of State's Policy Manual.
d) The departments established by the Secretary of State to administer the Illinois Vehicle Code pursuant to Sections 2-103, 2-104 and 2-115 of the Illinois Vehicle Title & Registration Law of the IVC are:
1) The Department of Driver Services
2) The Department of Vehicle Services
3) The Department of Accounting Revenue
4) The Department of Police
5) The Department of Administrative Hearings
6) The Department of Information Technology
e) The duties of these departments are set forth at 2 Ill. Adm. Code 550.210.
**History**
- *Source: Amended at 47 Ill. Reg. 11475, effective July 13, 2023*
##### **92 Ill. Adm. Code 1000.30** Reciprocity, Prorate and Forced Registration Review Board (repealed) {#sec-1000.30 omnilex-key=us-il-regs-official--title-92--1000.30}
**History**
- *Source: Repealed at 6 Ill. Reg. 15040, effective December 1, 1982*
##### **92 Ill. Adm. Code 1000.40** Offices of the Secretary of State {#sec-1000.40 omnilex-key=us-il-regs-official--title-92--1000.40}
The Secretary of State shall maintain offices in the City of Springfield, and in such other places within the State of Illinois as necessary to properly administer the I.V.C.
##### **92 Ill. Adm. Code 1000.41** Voter Registration at Driver Services Facilities {#sec-1000.41 omnilex-key=us-il-regs-official--title-92--1000.41}
a) The Secretary of State shall adopt the following definitions for the terms listed as follows:
"Department" – Driver Services Department within the Office of the Secretary of State.
"Driver Services Facility" or "Facility" – offices located throughout Illinois for the purpose of issuing driver's licenses and providing to the public other necessary services connected with the Secretary of State's Office.
"Secretary of State" – The Secretary of State of Illinois.
b) Pursuant to Section 1A-25 of the Election Code, the Department shall make Driver Services Facilities available for use as places of accepting applications for voter registration. [625 ILCS 5/2-105(c)]
c) With the exception of applicants for Temporary Visitor's Driver's Licenses issued pursuant to Section 6-105.1 of the Vehicle Code, each person applying at a driver services facility for a driver's license or permit, a corrected driver's license or permit, an Illinois identification card or a corrected Illinois identification card shall be notified that the person may apply to register to vote at that facility and may also apply to transfer his or her voter registration at the facility to a different address in the State. The notification may be made in writing or verbally, issued by an employee of the Secretary of State. [ 625 ILCS 5/2-105(e)]
d) Facilities shall be available as places of accepting applications for voter registration during all hours the facility is open for business.
**History**
- *Source: Amended at 37 Ill. Reg. 1254, effective January 17, 2013*
##### **92 Ill. Adm. Code 1000.50** Forms {#sec-1000.50 omnilex-key=us-il-regs-official--title-92--1000.50}
a) The Secretary of State shall prescribe, and print or purchase as necessary, all suitable forms and applications, certifications of title, registration cards, drivers licenses and permits and any and all other forms necessary to administer the I.V.C.
b) Supplies of such forms shall be distributed as necessary to enable residents of the State of Illinois to comply with the I.V.C. and 92 Ill. Adm. Code: Chapter II.
**History**
- *Source: Amended at 13 Ill. Reg. 11854, effective July 1, 1989*
##### **92 Ill. Adm. Code 1000.60** Certification of Copies of Records {#sec-1000.60 omnilex-key=us-il-regs-official--title-92--1000.60}
Certified copies of records of the Office of Secretary of State resulting from the administration of the I.V.C., shall be prepared in the Department of the Office of the Secretary of State having the original document or record, and the seal of the Secretary of State shall be affixed by the appropriate Department or the Secretary, pursuant to law.
**History**
- *Source: Amended at 13 Ill. Reg. 11844, effective July 1, 1989*
##### **92 Ill. Adm. Code 1000.70** Department of Police {#sec-1000.70 omnilex-key=us-il-regs-official--title-92--1000.70}
a) The investigators authorized pursuant to Section 2-115 of the Illinois Vehicle Code [625 ILCS 5/2-115] shall be appointed by the Secretary and organized into the Department of Police.
b) The Department of Police, which is headquartered in Springfield, Illinois, shall have District headquarters throughout Illinois to enable the Department to best distribute its supervisory responsibilities and work load.
c) The employees of the Department of Police shall be subject to the Secretary of State Merit Employment Code [15 ILCS 310]; the Office of the Secretary of State's rules entitled Department of Personnel (80 Ill. Adm. Code 420) and the Department of Police General Orders. When there is conflict between the policies of the Office and the General Orders of Police, the Office policies shall prevail.
d) Sworn personnel
1) Sworn personnel shall mean the peace officers within the Department of Police.
2) The grades of sworn personnel, from lowest to highest, shall be Investigator Trainee, Investigator, Investigator Sergeant, Investigator Lieutenant, and Investigator Commander. Position descriptions for these employees shall be established by the Department of Personnel in accordance with Section 10a of the Secretary of State Merit Employment Code and 80 Ill. Adm. Code 420.210.
3) New sworn personnel shall be hired in accordance with Section 10b of the Secretary of State Merit Employment Code and shall be required to successfully complete certain terms and conditions under the Secretary of State Merit Employment Code that include, but are not limited to, the following:
A) An examination for Investigators or Investigator Trainees as prescribed by the Director of Personnel, Office of the Secretary of State.
B) A physical ability test, consistent with the physical ability standards set forth by the Illinois Law Enforcement Training and Standards Board (20 Ill. Adm. Code 1720.20.Appendix A) prior to the entrance into any of the Illinois certified basic police academies.
C) A background investigation conducted by the Department of Police to determine if the applicant has any criminal convictions and to verify that all information contained in the applicant's application is true and accurate.
D) A medical and a psychological examination using standard criteria.
4) Application and Testing Procedures for Investigator Sergeants. Any applicant for the position of Investigator Sergeant must complete or successfully pass the following application procedure:
A) The filing of the standard personnel application form with the Department of Personnel with a copy to the Department of Police.
B) An examination for Investigator Sergeant as prescribed by the Director of Personnel, Office of the Secretary of State.
e) Miscellaneous provisions pertaining to the Department of Police
1) The Department of Police shall collect a storage fee in the amount of $5.00 per day from any person or entity owning a vehicle which is stored on Secretary of State property for any reason. Fees shall be deposited in the Secretary of State Police Services Fund.
2) The Department of Police, to implement Section 3-308 of the Illinois Vehicle Code, shall operate inspection stations at various locations throughout Illinois as the workload of inspecting rebuilt and salvage vehicles requires.
**History**
- *Source: Amended at 39 Ill. Reg. 14198, effective October 19, 2015*
##### **92 Ill. Adm. Code 1000.80** Enforcement of the Illinois Vehicle Code (repealed) {#sec-1000.80 omnilex-key=us-il-regs-official--title-92--1000.80}
**History**
- *Source: Repealed at 13 Ill. Reg. 11844, effective July 1, 1989*
##### **92 Ill. Adm. Code 1000.90** Hearings (repealed) {#sec-1000.90 omnilex-key=us-il-regs-official--title-92--1000.90}
**History**
- *Source: Repealed at 7 Ill. Reg. 13677, effective October 14, 1983*
##### **92 Ill. Adm. Code 1000.110** Audits and Collections (repealed) {#sec-1000.110 omnilex-key=us-il-regs-official--title-92--1000.110}
**History**
- *Source: Repealed at 8 Ill. Reg. 5353, effective April 6, 1984*
##### **92 Ill. Adm. Code 1000.120** Audit Costs {#sec-1000.120 omnilex-key=us-il-regs-official--title-92--1000.120}
Audit costs shall be assessed as specified in 92 Ill. Adm. Code 1003.
**History**
- *Source: Amended at 13 Ill. Reg. 11844, effective July 1, 1989*
### **Part 1001** Procedures and Standards
##### **92 Ill. Adm. Code 1001.10** Applicability {#sec-1001.10 omnilex-key=us-il-regs-official--title-92--1001.10}
This Subpart shall apply to all formal hearings conducted pursuant to the Illinois Vehicle Code under the jurisdiction of the Office by the Department, except for hearings conducted pursuant to Chapter 7 of the Illinois Vehicle Code [625 ILCS 5/Ch. 7].
**History**
- *Source: Amended at 26 Ill. Reg. 9380, effective June 13, 2002*
##### **92 Ill. Adm. Code 1001.20** Definitions {#sec-1001.20 omnilex-key=us-il-regs-official--title-92--1001.20}
"Code" means the Illinois Vehicle Code [625 ILCS 5].
"Contested case" means any adjudicatory proceeding conducted by the Office in which the legal rights, privileges, immunities, duties, or obligations of any person or party are required by law or regulation to be determined by the Secretary of State after an opportunity for a hearing.
"Continue a hearing" means to re-schedule a hearing to another date certain.
"Department" means the Department of Administrative Hearings of the Office of the Secretary of State of Illinois.
"Director" means the Director or Acting Director of the Department.
"Formal Hearing" means any hearing authorized to be held in the Department by the Illinois Motor Vehicle Code or any and all other applicable statutes at any time in force in the State of Illinois.
"Hearing Officer" means any person designated by the Secretary of State to preside at any hearing conducted pursuant to this Subpart.
"Office" refers to the Office of the Secretary of State and not to any particular Department, address, or location.
"Order of Default" means an Order entered by the Department which denies all relief because a petitioner fails to appear for a hearing at the time, date and place specified in the Notice of Hearing or Notice of a continued hearing date without prior notification to the Department of his/her inability to appear.
"Party" means any person named or admitted as a participant in any hearing conducted pursuant to this Subpart, including the Office and Department.
"Person" includes any individual, corporation, partnership, association, or firm legally capable of either seeking the action of the Office or being the subject of the action.
"Petitioner" is the party who by written request seeks or applies for any relief from the Office under the provisions of the Illinois Vehicle Code, or otherwise from any rule, regulation, order, or determination of the Office.
"Respondent" means a person against whom a complaint or petition is filed, or who, by reason of interest in the subject matter of a petition or application or the relief sought therein, is made a respondent or to whom an order or complaint is directed by the Department initiating a proceeding.
"Secretary" means the Illinois Secretary of State.
"Withdraw from a hearing" means to terminate a hearing upon the motion or at the request of the petitioner.
**History**
- *Source: Amended at 26 Ill. Reg. 9380, effective June 13, 2002*
##### **92 Ill. Adm. Code 1001.30** Right to Counsel {#sec-1001.30 omnilex-key=us-il-regs-official--title-92--1001.30}
a) Attorneys Must be Licensed; 711 Students. Any party may appear and be heard through an attorney at law licensed to practice in the State of Illinois, or any law student licensed under Supreme Court Rule 711, in any hearing in any matter involving the exercise of legal skill or knowledge. (S. Ct. Rule 711)
b) Pro Hac Vice. Attorneys admitted to practice in states other than the State of Illinois may appear and be heard in a specific hearing, upon the attorney's verbal representations or written documentation as to the attorney's admittance, by special leave of the Director of the Department or the Director's designee, pursuant to an Order pro hac vice, as authorized by Supreme Court Rule 707 and the Illinois Rules of Professional Conduct Rule 5.5, effective January 1, 2010.
c) Pro Se. A natural person may appear and be heard on his or her own behalf.
d) Corporations, Limited Liability Companies, and Partnerships. A corporation, association, limited liability company or partnership must appear by legal counsel, licensed to practice in the State of Illinois or appearing pro hac vice.
e) The standard of conduct shall be the same as before the Courts of Illinois.
**History**
- *Source: Amended at 40 Ill. Reg. 834, effective December 31, 2015*
##### **92 Ill. Adm. Code 1001.40** Appearance of Attorney {#sec-1001.40 omnilex-key=us-il-regs-official--title-92--1001.40}
An attorney appearing in a representative capacity shall file a written notice of appearance with the Department of Administrative Hearings office where the formal hearing is requested or pending, identifying himself or herself by name, address, electronic mail address, website, facsimile number, telephone number, and Supreme Court registration number, and identifying the party represented.
**History**
- *Source: Amended at 40 Ill. Reg. 834, effective December 31, 2015*
##### **92 Ill. Adm. Code 1001.50** Special Appearance {#sec-1001.50 omnilex-key=us-il-regs-official--title-92--1001.50}
Prior to filing any other pleading or motion, a special appearance may be made either in person or by an attorney for the limited purpose of objecting to jurisdiction. Every appearance not expressly designated a special appearance shall be deemed to be a general appearance. If the reasons for objecting to jurisdiction are not apparent from the papers on file in the proceeding, the special appearance shall be supported by affidavit setting forth the reasons. In ruling upon any objection at any hearing, the hearing officer may consider all matters apparent from the papers on file, affidavits submitted by any party, and any other evidence adduced upon disputed issues of fact. No determination of any issue of fact in connection with the objection is a determination of the merits of the case or any aspect thereof. A ruling adverse to the movant does not preclude the making of any motion or defense which might otherwise have been made. If the hearing officer sustains the objection, an appropriate ruling shall be entered of record. Error in ruling against the objection is not waived by the objector's taking part in further proceedings in the matter.
**History**
- *Source: Amended at 26 Ill. Reg. 9380, effective June 13, 2002*
##### **92 Ill. Adm. Code 1001.60** Substitution of Parties {#sec-1001.60 omnilex-key=us-il-regs-official--title-92--1001.60}
A hearing officer shall, upon motion, when proper in cases in which a party has died, resigned, been moved or otherwise succeeded to the interest of a previously named party rule on a request for the substitution of parties.
**History**
- *Source: Amended at 26 Ill. Reg. 9380, effective June 13, 2002*
##### **92 Ill. Adm. Code 1001.70** Commencement of Actions; Notice of Hearing {#sec-1001.70 omnilex-key=us-il-regs-official--title-92--1001.70}
a) Petition; Notice of Hearing
1) A contested case is commenced by the Office, either after the written request of the petitioner or on the Office's initiative, by service of a Notice of Hearing in accordance with Section 2-114, within the time limitation contained in Sections 2-118(a) and (b) and 3-402.B(7)(a) and (b), as applicable, of the Illinois Vehicle Code [625 ILCS 5/2-114, 2-218(a) and (b), and 3-402.B(7)(a) and (b)] upon the respondent. By "written request" it is meant that the petitioner may send the Office a petition via facsimile, electronic transmission, or regular mail. The Notice of Hearing may be sent by electronic transmission, if the petitioner agrees to receiving the Notice of Hearing and Decision and/or Order via electronic transmission.
2) Any petition for reinstatement of driving privileges will also be considered a petition for a restricted driving permit, unless the petitioner specifically waives any consideration for alternative relief.
b) Filing Fee
1) A petition for a hearing will not be accepted for filing unless it is accompanied by a fee of $50, as provided in Sections 2-118 and 3‑402.B(7)(a) of the Illinois Vehicle Code. This filing fee must be submitted in the form of a money order, a check, or a credit card charge (with a pre-approved card), made payable to the Secretary of State.
2) This filing fee will not be refunded to the party requesting a hearing if the hearing proceeds, the party submits multiple petitions for a hearing to different hearing locations simultaneously, the party withdraws from the hearing or an order of default is entered. The party will be required to submit another filing fee before another hearing will be scheduled.
3) In cases where a hearing is continued, the party requesting the hearing will not be required to submit another filing fee.
4) In cases where the party requesting a hearing withdraws or defaults, the party will be required to submit another filing fee before another hearing will be scheduled.
c) The Notice of Hearing shall include:
1) The names and addresses of all known parties, petitioner and respondent, including the department initiating the hearing;
2) Whether the hearing is at the request of the petitioner or the Department;
3) The time, date and place of hearing. The Department will endeavor to accommodate a party's request regarding the location of a hearing, but reserves the discretion to schedule a hearing at a site that is mutually convenient for all parties involved, including witnesses, and subject to the constraints imposed by budgetary and personnel considerations;
4) A short and concise statement of facts (as distinguished from conclusions of law or a mere recitation in the words of the statute) alleging the act or acts done by each petitioner or, where appropriate, respondent; the time, date, and place each such act was done or a short and concise statement of the matters asserted; and the rule, statute, or constitutional provision, if any, alleged to have been violated, or otherwise involved in the proceeding; and the relief sought by the petitioner party;
5) A statement to each party that:
A) Such party may be represented by legal counsel; may present evidence; may cross-examine witnesses and otherwise participate in the hearing.
B) Failure to so appear shall constitute a default, unless such party has, upon due notice to other parties, moved for and obtained a continuance from the hearing officer.
C) Delivery of notice to the designated representative of a party constitutes service upon the party.
d) Requirements for Felony Convictions Involving a Fatality. A petitioner who has an open revocation for reckless homicide or aggravated driving under the influence that involved a fatality must submit, with his or her petition for driving relief, either a copy of the Order of the circuit court that states the sentence received upon conviction, certified by the Clerk of the Court, or a document from the Department of Corrections that reflects: the offense for which the petitioner was imprisoned; the date of release from imprisonment; and the terms of release or parole. For the purpose of determining a petitioner's eligibility for reinstatement pursuant to Section 6-208(b)1 of the Code, and for the issuance of a restricted driving permit pursuant to Sections 6-205(c) and 6-206(c)3 of the Code, the date of release from imprisonment refers to the imprisonment on the conviction for the offense and does not include release from imprisonment for a violation of parole or probation. It is the responsibility of the petitioner to provide documentation that clearly reflects the date of his/her release from imprisonment.
**History**
- *Source: Amended at 40 Ill. Reg. 834, effective December 31, 2015*
##### **92 Ill. Adm. Code 1001.80** Motions {#sec-1001.80 omnilex-key=us-il-regs-official--title-92--1001.80}
a) Form of Motions. All motions shall be made in writing and shall set forth the relief or order sought and shall be filed with the Department at the earliest time to be considered by the hearing officer. Motions may be hand delivered or sent by regular mail, by courier, or by facsimile transmission, must be sent to the hearing location designated in the notice of hearing, and are considered received on the date that they are file-stamped by Department personnel. Motions based on matter that does not appear of record shall be supported by affidavit. Motions may be presented by a party to obtain appropriate relief, such as to dismiss the proceedings, to add necessary parties, or to extend time for compliance of an order.
b) Motions to Correct or Reconsider. The Department will not consider motions to correct a material misstatement of fact or to reconsider a decision made or Order entered in a formal hearing. The proper avenue of relief is to file a complaint under the Administrative Review Law. The petitioner may also file another petition for driving relief pursuant to Section 1001.450.
**History**
- *Source: Amended at 40 Ill. Reg. 834, effective December 31, 2015*
##### **92 Ill. Adm. Code 1001.90** Form of Papers - Original Documents Required {#sec-1001.90 omnilex-key=us-il-regs-official--title-92--1001.90}
a) Form of Papers. All papers filed in any proceeding shall be clearly written or typewritten. They shall contain a caption showing the title of the proceeding with a case number. All papers must be signed or verified by the party filing the papers or his/her authorized representative or attorney, and shall contain his or her address, telephone number, website and electronic mail address, if available. An original and one copy shall be filed by each party, except as provided in subsection (b).
b) Original Documents Required. In regard to documents that are submitted pursuant to the requirements of Subpart D and that have not been previously submitted to the Department, the Department will accept, or admit into evidence, only the original document, except as specified in this subsection. By original document is meant a document that bears the original signature of the petitioner and/or author of the document, as applicable.
1) Uniform Reports; Original Required. The requirement of the submission of an original document that must also be submitted to a court of venue can be met in one of two ways:
A) Service providers can print multiple "originals", all of which are signed and dated by the provider and the petitioner; or
B) The provider can make a photocopy of the original and the provider and petitioner can sign and date (or re-sign and re-date a second time) both the original and the copy.
2) Update Evaluations; Original Required. The first time that an update evaluation is submitted to the Secretary of State, it must be submitted as an original document. See Sections 1001.410 and .440(a)(6). At subsequent submissions of the same document, such as when renewing a restricted driving permit at an informal hearing, the petitioner may submit a copy of the update evaluation.
3) Treatment Verification; Original Required. The rules of the Secretary of State require petitioners to submit proof of the successful completion of alcohol or drug related treatment in a "narrative summary" or a similar report that shall provide the information listed at Section 1001.440(m)(1). The Department has composed, published, and distributed a "Treatment Verification Form", which it prefers and strongly encourages that treatment providers use and replicate for this purpose. The first time that this document, or a narrative summary composed on a treatment provider's letterhead, is submitted, it must be submitted to the Secretary of State as an original.
A) As specified in Section 1001.440(m)(2), the Department will accept a copy of the petitioner's Individualized Treatment Plan and Discharge Summary.
B) As specified in Section 1001.440(m)(3), the Department will accept a copy of the Continuing Care Plan. The other Continuing Care documents that must be submitted to the Secretary of State (periodic status reports and the final summary report, or the waiver of continuing care) must be submitted as originals, on the provider's letterhead stationery.
4) Driver Risk Education; Original Not Required. The Department will accept a copy of the form used by service providers to record and verify successful completion of a Driver Risk Education course. See Section 1001.440(a).
5) Exceptions; Verification Form Allowed. Exceptions to the requirement that the original document be submitted will be considered only if the petitioner is able to demonstrate that the original document is no longer available from the agency that composed the document. In these cases, the petitioner must submit a "Verification Form" that the Department has composed, published and distributed to service providers. On the Verification form the service provider shall verify that the copy of the document is a true and correct/identical copy of the original or of the document that was received from another agency and is contained in its file, and/or inform the Secretary of State of the reason that the original of a document is not available.
6) Other Documents; Original Preferred. All other documents that are composed or created solely for the purpose of being submitted to the Secretary of State at a formal or informal hearing should be submitted as originals. (For example: the Secretary of State medical report forms; reports/evaluations from psychiatrists, clinical psychologists, or other counselors; letters from probation officers or physicians; letters of reference; verification of employment.
7) Documents Sent by Facsimile or Electronic Transmission. Documents recited in this Section that must be submitted as an original but are, instead, sent by facsimile or electronic transmission will be accepted at the time of the hearing; however, the originals of the documents must be submitted at a later date. Leave to submit the originals will be granted within no more than 14 calendar days after the hearing. The presiding hearing officer will determine the specific number of days within which the petitioner is allowed to submit the original, based upon the circumstances of each individual case.
8) The failure of the petitioner to submit an original document as required in this Section shall not, in and of itself, constitute, under any circumstance, the sole basis of denying driving relief.
**History**
- *Source: Amended at 40 Ill. Reg. 834, effective December 31, 2015*
##### **92 Ill. Adm. Code 1001.100** Conduct of Formal Hearings {#sec-1001.100 omnilex-key=us-il-regs-official--title-92--1001.100}
a) Open to Public. All hearings conducted in any proceeding shall be open to the public.
b) Out-of-state Petitioners. An out-of-state petitioner is defined as a petitioner who never resided in Illinois, or who has permanently relocated outside of the State of Illinois. An out-of-state petitioner may choose to submit an "out-of-state application" in petitioning for driving relief, in lieu of appearing at an in-person hearing. These petitioners shall be deemed to have waived the right to appear at an in-person hearing. However, no person subject to a life-time prohibition from making an application for a driver's license under Section 6-208(b)4 of the Code may submit an out-of-state application and must appear at a formal in-person hearing, regardless of the nature of the current loss of driving privileges, unless the hearing officer determines that there are material extenuating circumstances that prohibit the petitioner from attending an in-person hearing. Material extenuating circumstances do not include inconvenience or monetary considerations. In-person hearings require the petitioner to be physically present and do not include telephonic hearings but do include real-time audio and visual internet hearings.
1) Out-of-state petitioners must provide evidence of their residency, such as, but not limited to, voter registration, income tax returns, apartment rental leases, mortgage contracts, employment verification, utility and/or telephone bills, etc. The Department reserves the discretion to reject out-of-state petitions that fail to provide this evidence or establish residency. The Department also reserves the discretion to reject out-of-state petitions if there is evidence that the petitioner is regularly present in the State of Illinois, for such reasons as, but not limited to, through work, school or family contacts and is capable of attending a hearing in person in a timely manner. An out‑of‑state petitioner who chooses to appear in person must either testify to, or provide documentation of, the location of the petitioner's current residency. An out-of-state petitioner who has not completed the requirements for reinstatement as a BAIID Multiple Offender (BMO) permittee or is currently a Lifetime permittee (see Section 1001.410) in Illinois must also submit a valid state-issued identification card or driver's license prior to being granted reinstatement.
2) The out-of-state petitioner must submit, at a minimum, all documentation and information required by Subpart D if they appear at an in-person hearing. The uniform report alcohol and drug evaluation at an in-person hearing must have been conducted in-person or virtually, by an Illinois provider licensed by the Illinois Department of Human Services, Division of Substance Use Prevention and Recovery (DSUPR) to conduct these evaluations. All other documentation, including treatment and intervention documentation, required by Subpart D can be completed in person by an out-of-state licensed provider on forms downloaded from the Department of Administrative Hearings web page and must comply with this Part and the regulations set by DSUPR. Remedial education may be performed in-person or virtually but must comply with this Part and the regulations set by DSUPR. However, no documents in Subpart D are required to be submitted if the petitioner submits a written out-of-state application for driving relief, as the out-of-state application for driving relief encompasses all documentation required by Subpart D.
3) An informal hearing request is made when the Department accepts a written out-of-state application. The petitioner's application will be assigned to a hearing officer within 10 calendar days after receipt of a complete application. The application will be reviewed by the hearing officer and a letter decision will be issued no more than 180 days after it is assigned to a hearing officer.
c) Formal Hearings Generally; Parties to a Hearing; Disqualification of Hearing Officer. Every hearing shall be presided over by a hearing officer duly appointed by the Secretary. The hearing officer shall have authority to conduct the hearing, to rule on all motions, to administer oaths, to subpoena witnesses or documents at the request of any party, to examine witnesses, and to rule upon the admissibility of testimony and evidence. The Secretary may also appoint a representative to appear and participate in the hearing on the Secretary's behalf. Prior to the taking of evidence, the petitioner/respondent may request disqualification of the hearing officer by making a motion for disqualification on the record, stating the specific grounds upon which it is alleged that a fair and impartial hearing cannot be afforded the petitioner/respondent by the hearing officer. The hearing officer will rule upon the motion. If the motion is denied, the hearing will proceed, or the petitioner may withdraw from the hearing. If the motion is granted, the case shall be transferred to another hearing officer for a hearing on the same day if possible. If it is not possible to schedule a hearing on the same day, a new hearing date shall be scheduled and another hearing officer shall be assigned by the Secretary.
d) Depositions and Interrogatories
1) Upon order of the hearing officer, for good cause shown, and upon reasonable notice to other parties, any party, including the Department, may take, at that party's expense, the testimony of any party or person by deposition upon oral examination or written questions for the purpose of discovery or for use as evidence in the action in a contested case (for example, when the witness is not available due to distance, time, cost to the party using the testimony, sickness, infirmity, imprisonment, the witness being out of state or similar factors). The notice, order or stipulation to take a deposition shall specify whether the deposition is to be a discovery deposition or an evidence deposition. In the absence of specification, a deposition is a discovery deposition only. If both discovery and evidence depositions are desired of the same witness, they shall be taken separately, unless the parties stipulate otherwise or the hearing officer orders otherwise upon notice and motion. The deposition shall be taken in the manner provided by law for discovery and evidence depositions in civil actions in the Circuit Courts of Illinois.
2) Any party may direct written interrogatories to any other party. Interrogatories must be restricted to the subject matter of the case, to avoid undue detail, and to avoid the imposition of any unnecessary burden or expense on the answering party. Sworn answers or objections to interrogatories directed to the Department and/or Secretary of State may be made by a designated agent, including the Department's counsel, who shall furnish such information as is available. Written interrogatories shall be served on the opposing party no later than 15 business days before the hearing. Objection to answers or refusals to answer shall be heard on motion at the hearing before the hearing officer, who shall rule on the objection or refusal. Answers shall be sworn. If an answer to an interrogatory may be obtained from documents in the possession or control of the party on whom the interrogatories were served, it shall be a sufficient answer to specify the documents and make them available to the inquiring party to inspect and copy at the asking party's expense. The requirements of this subsection (d)(2) do not apply to objections or refusals to answer interrogatories.
e) Rules of Evidence
1) The technical rules of evidence shall not apply. Any relevant evidence may be admitted if it is the sort of evidence relied upon by reasonably prudent people in the conduct of their affairs. The existence of any common law or statutory exclusionary rule that might make improper the admission of the evidence over objections in civil or criminal actions shall not be a bar to the admissibility of otherwise relevant evidence. The rules of privilege shall be followed to the same extent that they are now or hereafter may be recognized in civil actions. Irrelevant, immaterial or unduly repetitious evidence may be excluded upon objection. Objections to evidentiary offers may be made and shall be noted in the record, and ruled upon by the hearing officer. Any party may make an offer of proof following an adverse evidentiary ruling. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced, any part of the evidence may be received in written form. Subject to the evidentiary requirements of this subsection, a party may conduct cross-examination required for a full and fair disclosure of the facts.
2) In regard to implied consent hearings over which the Secretary of State has jurisdiction, the hearing may be conducted upon a review of the official police reports. However, the parties may subpoena the arresting officer and any other officer who was involved in the petitioner's arrest or processing after arrest, as well as any other person whose testimony may be probative to the issues at the hearing. The failure of an officer to answer the subpoena shall be considered grounds for a continuance if, in the hearing officer's discretion, the continuance is appropriate. Furthermore, the failure of the arresting officer to answer a subpoena shall not be considered grounds for the rescission of an implied consent suspension. Rather, the hearing shall proceed on the basis of the other evidence available and the hearing officer will assign this evidence whatever probative value the hearing officer deems appropriate.
f) List of Witnesses; Bill of Particulars. Upon written request, made at least 10 business days prior to the hearing, a party shall furnish to other parties a list of the names and addresses of prospective witnesses, or furnish written answers to a written demand for a bill of particulars.
g) Inspection of Documents; Interview of Parties. Any party or that party's representative shall have a right, upon the filing of a written motion with proper proof of service, to inspect any relevant document in the possession of or under the control of any other party prior to the formal hearing. The inspection of documents shall occur at the location the formal hearing is scheduled. Any party may file a written motion seeking to interview parties or persons having knowledge of relevant facts, subject to any statutory or constitutional privileges. Upon order of the hearing officer, for good cause shown, and upon reasonable notice to other parties, any party, including the Department, may interview, at that party's expense, parties or persons having knowledge of relevant facts. Interviews of persons and inspection of documents shall be at times and places reasonable for the persons and for the custodian of the document.
h) Admissions. A party may serve on any other party a written request for the admission by the latter of the truth of any specified relevant fact set forth in the request or for the admission of genuineness of any relevant documents described in the request. Copies of the documents shall be served with the request unless copies have already been furnished.
i) Right to Call Witnesses, Cross-Examine, Subpoena Documents and Introduce Exhibits. Each party shall have the right to request the subpoena of, and to call and to examine, witnesses, to introduce exhibits, and to cross-examine witnesses on any matter relevant to the issues, even though that matter was not covered in the direct examination. Applications to the hearing officer assigned to the case for subpoenas duces tecum shall specify the books, papers and documents desired to be produced.
j) Pre-hearing Conference. At the request of any party or upon the hearing officer's own motion, the hearing officer may call a pre-hearing conference. At the conference, the parties or their representatives shall appear as the hearing officer directs. Matters that may be considered at a pre-hearing conference include, but are not limited to:
1) The simplification of the issues;
2) Amendments to the grounds for action;
3) The possibility of obtaining admissions and stipulations of fact and of documents that will avoid unnecessary proof;
4) The limitation of the number of expert witnesses; and
5) Any other matters that may aid in the disposition of the contested case.
k) Order from Pre-hearing Conference. Upon the conclusion of a pre-hearing conference, the hearing officer shall enter an order that recites any action taken, any agreements made by the parties as to any of the matters considered, and the issue to be heard.
l) Oath. Testimony shall be taken only on oath or affirmation.
m) Stipulations. Parties may agree by stipulation upon any facts involved in the hearing. The facts stipulated shall be considered as evidence in the hearing.
n) Official Notice. Official notice may be taken of past hearings and of any matter of which the Circuit Courts of Illinois may take judicial notice. In addition, official notice may be taken of generally recognized technical or scientific facts within the Department's specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including staff memoranda and data, and they shall be afforded an opportunity to contest the material so noticed. The Department's and the hearing officer's experience, technical competence and specialized knowledge may be utilized in the evaluation of the evidence.
o) Rights of Parties. Each party shall have the right to rebut the evidence against it; to appear in person; and to be represented by counsel. If a party does not testify on its own behalf, the party may be called by the Secretary of State's representative and examined as if under cross-examination.
p) Opening and Closing Statements. Upon the opening of the hearing, the hearing officer shall allow the parties to make opening statements. Opening statements may not be made at any other time, except at the discretion of the hearing officer. Upon the close of the hearing, each party may make a closing statement orally and/or by written brief at the discretion of the hearing officer, incorporating arguments of fact and law. A written brief may be required when the facts and issues are deemed complicated by the hearing officer and there is a need for the parties to plead their cases in writing for the record.
q) Exhibits. All exhibits for any party shall be clearly marked for identification and as admitted into evidence by the hearing officer.
r) Cross-examination of Witnesses. In the hearing of any case, any party or that party's agent may be called, as an adverse witness and examined as if under cross‑examination, by any party. The adverse party calling for the examination is not bound by the testimony of the adverse witness, but may rebut the testimony given and may impeach the witness by proof of prior inconsistent statements. If the hearing officer determines that a witness is hostile or unwilling, the witness may be examined by the party calling the witness as if under cross-examination. The party calling an occurrence witness may, upon showing that the party called the witness in good faith but is surprised by the testimony, impeach the witness by proof of prior inconsistent statements.
s) Burden of Proof; General and Exception. The general burden of proof is upon the petitioner for any relief in a hearing. The standard of proof is the preponderance of the evidence, except as provided for in Subpart D, where the burden of proof is upon the petitioner to prove each issue or element of proof by clear and convincing evidence.
t) Interpreters; Hearing Impaired. The Secretary will provide, upon prior written request, an interpreter for hearing impaired petitioners/respondents who wish to testify; providing a language interpreter, however, is the responsibility of the petitioner/respondent.
u) Report of Proceedings; Obtaining a Copy of Record
1) The Department shall, at its expense, have present at each formal hearing an electronic or digital recording device or a qualified court reporter, for the purpose of making a permanent and complete report of the proceedings, including: evidence admitted or tendered and not admitted, testimony, offer of proof, objections, remarks of the hearing officer and of the parties and/or their representatives, all rulings of the hearing officer.
2) Upon written request and at the party's own expense, any party may obtain a copy of the report of proceedings from the court reporter or copied from the electronic device by the Department. The party must pay $25 to the Secretary of State, in advance, to cover the cost of making an electronic or digital copy and mailing.
v) Motions to Continue and Withdraw; Leave to Submit Original Documents
1) Motions to Continue by Petitioner or Respondent; Grounds. Hearings before the Department of Administrative Hearings will be continued only pursuant to a motion that complies with the requirements of Section 1001.80 and is: filed prior to or on the date of the hearing, made over the telephone less than 15 days prior to or on the date of the hearing, or made in person on the day of the hearing. The movant shall set forth the grounds for the motion, which are limited to unforeseen, unavoidable or uncontrollable circumstances, such as an Act of God, the recent discovery of new evidence, the sudden illness or death of the movant, an immediate family member, or the movant's legal counsel, or if the movant is able to demonstrate some other real and compelling need for additional time. A Motion to Continue may be supported by evidence that tends to prove the grounds alleged, including sworn testimony taken at a motion hearing on the day of the hearing. The inability to obtain transportation to the hearing site or a party's failure or inability to obtain the documentation required to fulfill the minimum requirements to be issued driving relief may be circumstances that will justify continuing a hearing upon showing of good cause by the petitioner.
2) Continued to a Date Certain. A formal hearing shall not be continued "generally". A continuance, if granted, shall state a date certain upon which the hearing shall reconvene. If the petitioner is not prepared to go forward after the first continuance, a request to withdraw should be submitted or an Order of Default shall be entered.
A) Written Motions to Continue filed at least 15 days prior to the date of the hearing specified in the Notice of Hearing or notice of a continued hearing date will be given priority in rescheduling over those motions filed or made less than 15 days prior to the date of the hearing or made on the day of the hearing. The Department will rule upon Motions to Continue filed at least 15 days prior to the date of the hearing and, when possible, notify the movant of its ruling prior to the date of the hearing. If the motion is denied, the movant must appear at and proceed with the hearing or withdraw from the hearing or an Order of Default shall be entered.
B) Motions to Continue made by telephone less than 15 days prior to the date of the hearing, specified in the Notice of Hearing or notice of a continued hearing date must also be filed in writing and received or postmarked no more than 5 days after the date of the hearing to be considered. A Motion to Continue made in writing less than 15 days prior to the date of the hearing specified in the Notice of Hearing or notice of a continued hearing date must be received and postmarked no more than 5 days after the date of the hearing. The Department cannot assure the movant that it will rule upon these motions prior to the date of the hearing.
C) A Motion to Continue made or filed by a petitioner waives the statutory requirement of Sections 2-118 and 3-402.B(7)(a) of the Code that the hearing commence within 90 days from the date of the written request.
D) It is the responsibility of the movant to inform the Department, in the Motion to Continue or during the telephone conversation, what course of action the movant wishes to take if the motion is denied (either to appear and proceed with the hearing, withdraw or default). In all cases, it is also the responsibility of a movant who has not been notified of the Department's ruling to contact the Department on or before the day of the hearing to determine whether the hearing officer has ruled on the motion. A movant's failure to appear after a Motion to Continue is denied will result in the entry of an Order of Default.
3) Motions Made by the Department. The Department may also make or file a Motion to Continue for unforeseen, unavoidable or uncontrollable circumstances, such as an Act of God, the recent discovery of new evidence, the sudden illness or death of the hearing officer, the attorney representing the Secretary of State, a witness, or a member of the immediate family of one of these entities, or if the Department is able to demonstrate some other real and compelling need for additional time.
4) Motions to Withdraw. Except as provided in this subsection (v)(4) and in Section 1001.70, a petitioner may withdraw from a hearing for any reason. A Motion to Withdraw made in person or by telephone on or before the day of the hearing must be followed up with a written motion that is received no more than 10 days after the date of the hearing. A Motion to Withdraw made in writing must be received or postmarked no more than 10 days after the date of the hearing. Failure to do so will result in an Order of Default. Once a petitioner is placed under oath, a request to withdraw from a hearing that, in the hearing officer's judgment, is based upon surprise evidence presented or adverse evidence, shall not be granted. Upon withdrawal, the requested relief will not be considered and the petition dismissed. Should the petitioner request another hearing, it must be done in writing and it will be treated as any other request for hearing. (See Section 1001.70.)
5) Motions for Leave to Submit Original Document. As provided in Section 1001.90(b)(7) and (8), the petitioner may request leave to submit original documents if the petitioner proceeds with the hearing, offering copies of documents when originals are required. The hearing shall be completed and the petitioner shall be granted leave to submit the original documents as provided in Section 1001.90(b)(7) and (8).
6) Attorney's Appearance on File. A Motion to Continue or Withdraw made by any attorney on behalf of a petitioner/respondent will not be considered unless the attorney has filed a written notice of appearance as provided in Section 1001.40.
**History**
- *Source: Amended at 45 Ill. Reg. 14985, effective November 12, 2021*
##### **92 Ill. Adm. Code 1001.110** Orders; Notification; Time Limits on Obtaining Relief {#sec-1001.110 omnilex-key=us-il-regs-official--title-92--1001.110}
a) The Department shall prepare a written order for all final determinations, which shall include the Findings of Fact, Conclusions of Law, Recommendations of the hearing officer, and the Order of the Secretary.
b) The hearing officer shall prepare the Findings of Fact, Conclusions of Law, and Recommendations to the Secretary. The Findings of Fact and Conclusions of Law must be stated separately.
c) The Order of the Secretary of State shall be the decision of the Office upon the application for relief.
d) The Department shall notify all parties or their agents personally, by facsimile, regular mail or electronic transmission, of the Findings of Fact, Conclusions of Law, Recommendations, and the Order within the statutory time limit specified in Section 2-118 of the Code. If it is the Order of the Secretary of State to grant driving relief, then the Department will also provide instructions on what steps the petitioner must take (such as, but not limited to, filing high-risk insurance, the payment of fees, taking driving tests, etc.) in order to obtain the relief. The failure to follow and complete these instructions will result in the denial of driving relief.
1) Petitioners who are granted a restricted driving permit must complete the requirements for obtaining the permit within 120 days after the date of the Secretary's Order. The Department reserves the discretion to extend this deadline in order to allow a petitioner to achieve compliance, when it is apparent that the petitioner is making a good faith effort or the petitioner demonstrates that the petitioner has experienced a change in circumstances that requires the provision of additional information (such as, but not limited to, a change in employment).
2) Petitioners who are granted the reinstatement of driving privileges must complete the requirements for effecting reinstatement within 18 months after the date of the Secretary's Order.
e) An Order of Default shall be entered against the petitioner or respondent, who fails to appear for a hearing at the scheduled time and has failed to request or been granted a continuance in accordance with Section 1001.100(v).
f) Orders resulting from formal hearings are final administrative orders within the meaning of the Administrative Review Law [735 ILCS 5/Art. III].
**History**
- *Source: Amended at 45 Ill. Reg. 14985, effective November 12, 2021*
##### **92 Ill. Adm. Code 1001.120** Record of Hearings {#sec-1001.120 omnilex-key=us-il-regs-official--title-92--1001.120}
a) The record of the hearing in a contested case shall include:
1) All pleadings (including all pre-hearing and post-hearing notices and responses thereto, admissions, stipulations of facts, motions, and rulings thereon);
2) All documentary evidence;
3) A statement of matters officially noticed;
4) A transcript of the proceedings;
5) The Findings of Fact, Conclusions of Law, and Recommendations of the hearing officer;
6) The Order of the Secretary of State, which shall constitute a final administrative decision within the provisions of the Illinois Administrative Review Law, [735 ILCS 5/Art. III].
b) The record shall be certified by the hearing officer or Director upon any complaint for administrative review. An index of the record, with each page of the record numbered in sequence, shall be prepared by the Department.
**History**
- *Source: Amended at 26 Ill. Reg. 9380, effective June 13, 2002*
##### **92 Ill. Adm. Code 1001.130** Invalidity {#sec-1001.130 omnilex-key=us-il-regs-official--title-92--1001.130}
If any portion of this Subpart shall be held by a court of competent jurisdiction to be invalid, such holding shall not affect the remaining portions.
**History**
- *Source: Amended at 26 Ill. Reg. 9380, effective June 13, 2002*
##### **92 Ill. Adm. Code 1001.200** Applicability {#sec-1001.200 omnilex-key=us-il-regs-official--title-92--1001.200}
This Subpart shall apply to administrative hearings conducted by the Secretary of State pursuant to the provisions of Chapter 7 of the Illinois Vehicle Code, entitled Illinois Safety Responsibility Law [625 ILCS 5/Ch. 7].
**History**
- *Source: Amended at 26 Ill. Reg. 9380, effective June 13, 2002*
##### **92 Ill. Adm. Code 1001.210** Definitions {#sec-1001.210 omnilex-key=us-il-regs-official--title-92--1001.210}
"Administrative hearing" means a proceeding in which the legal rights, duties, and privileges of a petitioner are determined by the Secretary as required by the Safety Responsibility Law.
"Code" or "IVC" means the Illinois Vehicle Code [625 ILCS 5].
"Continue a hearing" means to re-schedule a hearing to another date certain.
"Department" means the Department of Transportation, State of Illinois.
"Hearing officer" means the person appointed by the Secretary to conduct an administrative hearing held pursuant to this Subpart.
"Interested party" means an insured person, claimant, or parties suffering property damages and/or personal injuries who is not the petitioner.
"Order of Default" means an Order entered by the Department which denies all relief because a petitioner fails to appear for a hearing at the time, date and place specified in the Notice of Hearing or Notice of a continued hearing date without prior notification to the Department of his/her inability to appear.
"Party" means any petitioner or interested party.
"Person" means every natural person, firm, co-partnership, association, or corporation.
"Petitioner" means any person who could be or is being afforded a hearing pursuant to this Subpart and who is the only party as defined in Sections 7-201 and 7-202 of the Code, as being subject to the Illinois Safety Responsibility Law.
"Secretary" means the Secretary of State, State of Illinois, through the Department of Administrative Hearings.
"Withdraw from a hearing" means to retract one's petition to contest the preliminary finding that a reasonable possibility of a civil judgement exists against that petitioner, upon the motion or at the request of the petitioner.
**History**
- *Source: Amended at 26 Ill. Reg. 9380, effective June 13, 2002*
##### **92 Ill. Adm. Code 1001.220** Hearings: Notice; Location; Procedures; Record {#sec-1001.220 omnilex-key=us-il-regs-official--title-92--1001.220}
a) Notice of Suspension; Right to a Hearing. Any petitioner who receives a Notice of Suspension in a safety responsibility case may contest the suspension by submitting a written request for a hearing pursuant to Section 7-205 of the Code. Any request for hearing postmarked within 15 days after the mailing date of the Notice of Suspension will stay the effective date of the safety responsibility suspension pending the outcome of the hearing. Hearing requests received after the 15 day period will be granted; however, the suspension will not be stayed or removed pending the hearing. "Written request" means that the petitioner may send the Office a petition via facsimile, electronic transmission, or regular mail.
b) Filing Fee
1) A petition for a hearing to contest a suspension will not be accepted for filing unless it is accompanied by a fee of $50, as provided in Section 2‑118 of the Illinois Vehicle Code. This filing fee must be submitted by each party who wishes to be made a petitioner in the proceeding, in the form of a money order, a cashier's or certified check, a check drawn on the account of an attorney of record or an attorney professional corporation of record in a hearing before the Department of Administrative Hearings, or a credit card charge (with a pre-approved card), made payable to the Secretary of State.
2) This filing fee will not be refunded to any petitioner if the petitioner withdraws from the hearing or defaults.
3) In cases where a hearing is continued, any petitioner who has paid a filing fee will not be required to submit another filing fee.
4) In cases where a petitioner withdraws, the petitioner will be required to submit a filing fee before another hearing will be scheduled.
c) Decisionmaking Factors; Burden of Proof. The decision resulting from the hearing shall be based upon the following factors: whether the petitioner, as a motor vehicle owner or operator, has been involved, or whose vehicle has been involved, in a motor vehicle accident occurring within the State of Illinois and which has resulted in bodily injury or death of any person or in which damage to the property of any one person exceeds the amount provided by statute; whether petitioner is exempt from the Safety Responsibility Law; and whether there exists a reasonable possibility of a civil judgment against the petitioner. The petitioner shall bear the burden of proof throughout the proceedings. The standard of proof shall be a preponderance of the evidence.
d) Issuance of Notice of Hearing. The hearing shall be initiated by the issuance of a Notice of Hearing by the Secretary. The Notice shall be served upon the petitioner, as the person against whom action may be taken by the Secretary, any interested party, and any attorney of record. The Notice of Hearing may be sent by electronic transmission, if the parties agree to this format.
e) Notice of Hearing − Content. The Notice of Hearing shall be a written statement setting forth, but not limited to, the following information:
1) The name of the petitioner;
2) The name and address of any interested party;
3) The date, time, place, and nature of the hearing;
4) The matters to be addressed at the hearing;
5) The specific Sections of the Statutes involved;
6) The statutory authority pursuant to which the hearing is being conducted;
7) Notice to the petitioner that a failure to appear will result in the denial of any relief requested and that at any rehearing granted under Section 1001.260 the petitioner will be deemed to have waived the right to subpoena or cross-examine witnesses that testified at the original hearing.
f) Location of Hearings; Notice of Change of Location. Hearings shall be conducted in the Counties of Cook, DeKalb, Madison, Will, Sangamon, Kane, St. Clair, McDonough, and Jefferson and in such other locations as the Secretary shall from time to time designate. The Secretary reserves the discretion to conduct these hearings by videoconferencing. If the Secretary determines to abandon or change the location of hearings to a location or locations outside the counties specifically listed in this subsection, the Secretary shall publish a notice of the change, at least 20 days prior to the effective date of the change, in a local newspaper of general circulation in each county wherein a location is abandoned or to which a hearing location will be added or moved. The notice shall indicate the reasons for the determination and shall identify the new location proposed to serve the county, if known at the time of publication. The hearing site locations, and any change therein, shall also be posted on the Secretary of State website.
g) Parties to a Hearing; Disqualification of Hearing Officer. Every hearing shall be presided over by a hearing officer duly appointed by the Secretary. The Secretary may also appoint a representative to appear and participate in his behalf. Prior to the taking of evidence, a petitioner may request the disqualification of the hearing officer by making a motion for disqualification, stating the specific grounds upon which it is alleged that a fair and impartial hearing cannot be afforded the petitioner by the hearing officer. The hearing officer will rule upon the motion. If the motion is denied, the hearing will proceed. If the motion is granted, the case shall be transferred to another hearing officer for a same day hearing if possible. If not possible, a new hearing date will be established and another hearing officer shall be assigned by the Secretary. The hearing officer shall have authority to conduct the hearing, to rule on all motions, to administer oaths, to subpoena witnesses or documents at the request of any petitioner, to examine witnesses, and to rule upon the admissibility of testimony and evidence.
h) Petitioner's Rights. Each petitioner to the hearing and the Secretary of State shall have the following rights:
1) The right to the issuance of subpoenas upon written request directed to the hearing officer at least 10 business days prior to the hearing;
2) The right to call and examine witnesses;
3) The right to cross-examine witnesses on any matter relevant to the issues, even though the matter was not covered on direct examination;
4) The right to introduce exhibits; and
5) The right to obtain in advance, upon written request, copies of all related police reports not designated confidential by State law. Requests must be submitted at least 10 business days prior to the hearing date to be considered. The petitioners may request copies of the related police reports at the hearing if the need for the copies could not be foreseen before the hearing, or the need for them arose because of the issues or allegations adduced at the hearing.
i) Right to Counsel; Attorneys Must Be Licensed; 711 Students. The petitioner shall have the right to appear in person and be heard through an attorney at law licensed to practice in the State of Illinois or any law student licensed under Supreme Court Rule 711. If the petitioner does not testify on his/her own behalf, he/she may be called by the representative of the Secretary and examined as if under cross-examination.
1) Attorneys admitted to practice in states other than the State of Illinois may appear and be heard in a specific hearing, upon the attorney's verbal representations or written documentation as to the attorney's admittance, by special leave of the Director of the Department or the Director's designee, pursuant to an Order pro hac vice, as authorized by Supreme Court Rule 707 and the Illinois Rules of Professional Conduct Rule 5.5, effective January 1, 2010.
2) A natural person may appear and be heard in his/her own behalf.
3) A corporation, association, or partnership may appear and present evidence by any bona fide officer, employee, or representative.
4) Only an attorney mentioned above properly licensed shall represent anyone else in any hearing in any matter involving the exercise of legal skill or knowledge. The standards of conduct shall be the same as before the Courts of the State of Illinois.
j) Recording of Proceedings; Obtaining a Copy of the Record.
1) The proceedings shall be recorded by a suitable electronic method. The petitioner may furnish, at his/her own expense, a certified shorthand reporter. All records taken shall be properly cataloged and preserved by the Secretary for a period of at least 45 days from the entry of the hearing officer's order. A copy of the electronically recorded proceedings shall be available upon the request of the petitioner, any party, or his/her counsel upon advance payment of $25 by the requesting party, to cover the cost of making a copy of the recording plus mailing.
2) Persons who are not a party to a proceeding may obtain a copy of the file, a document in the file, or a transcript of the proceeding by filing with the Department a request for the record pursuant to, and subject to the restrictions and exemptions in, the Freedom of Information Act [5 ILCS 140].
k) Record of a Hearing. The record of a hearing held pursuant to this Section shall include, but not be limited to, the following:
1) The notices, pleadings, and responses to pleadings;
2) The motions and rulings on motions;
3) The matters officially noticed;
4) The offers of proof made and objections to and rulings on those offers;
5) The opinions, recommendations, or reports by the hearing officer, Secretary, or Department; and
6) An electronic or digital recording of the proceedings.
l) Interpreters. The Secretary will provide, upon prior written request, an interpreter for hearing impaired petitioners and interested parties who wish to testify. However, it is the responsibility of the petitioner or interested parties to provide a language interpreter.
**History**
- *Source: Amended at 40 Ill. Reg. 834, effective December 31, 2015*
##### **92 Ill. Adm. Code 1001.230** Rules of Evidence {#sec-1001.230 omnilex-key=us-il-regs-official--title-92--1001.230}
a) The hearing officer shall conduct the hearing, and with respect to the hearing, shall have, but not be limited to, the following powers:
1) The authority to administer oaths;
2) The authority to examine witnesses;
3) The authority to issue subpoenas; and
4) The authority to rule upon the admissibility of evidence.
b) The hearing need not be conducted according to strict rules of evidence. Any relevant evidence may be admitted in a hearing held pursuant hereto if it is of the type relied upon by reasonable, prudent persons in the conduct of their affairs, regardless of the existence of any common law or statutory rule which would render it inadmissible over objection in civil or criminal actions. The rules pertaining to privileged communications shall be recognized in these hearings to the same extent as they are recognized in civil actions. Irrelevant and unduly repetitious evidence shall be excluded upon objection. Objections to evidentiary offers may be made and shall be noted in the record, and ruled upon by the hearing officer. Any petitioner may make an offer of proof following an adverse evidentiary ruling. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced, any part of the evidence may be received in written form. Subject to the evidentiary requirements of this subsection, a petitioner may conduct cross-examination required for a full and fair disclosure of the facts.
c) The Secretary may offer into evidence, and the hearing officer shall receive into evidence, any accident report forms required by Sections 11-406 and 11-410 of the Code and reports in the Secretary's possession furnished by any law enforcement agency that may have investigated the accident. The person who made the report need not be present or testify at the hearing; however, if such person is present his testimony may be taken in corroboration of or in lieu of the reports. Accident reports may be used in support of the preliminary finding of the Secretary when used in conjunction with testimony or other evidence, or when the petitioner refuses to testify.
d) In cases where the operator of a motor vehicle is not the owner, the establishment of ownership of the motor vehicle creates a rebuttable presumption that the vehicle was being operated by the agent of the owner. As such, the owner is liable for the negligence of the agent. Agency may also be proven by other admissible evidence. The weight given the presumption and whether it is overcome, or whether agency is proven, are questions of fact for determination by the hearing officer. This presumption applies equally to private and commercial vehicles.
e) Upon proper motion, the hearing officer may grant petitioner leave to submit additional relevant evidence. Leave must be granted for a time certain in no case to exceed 30 calendar days from the date of the hearing. Leave to submit additional evidence must be made a matter of record. Leave will not be granted to submit insurance letters or proof of compliance.
f) The jurisdiction of the Safety Responsibility Hearing applies to accidents that occur anywhere in Illinois and regardless of when the accident occurred. (See Sections 7-201 and 11-201 of the Code.)
**History**
- *Source: Amended at 26 Ill. Reg. 9380, effective June 13, 2002*
##### **92 Ill. Adm. Code 1001.240** Scope of Hearings {#sec-1001.240 omnilex-key=us-il-regs-official--title-92--1001.240}
a) The issues to be determined at the hearing are the following:
1) The identity of the drivers involved in the accident;
2) The identity of the owners of the vehicles involved in the accident;
3) The nature and extent of the bodily injury or property damage sustained in the accident;
4) Whether there is a reasonable possibility of either of the following situations occurring:
A) A judgment being rendered against the petitioner for liability resulting from bodily injury occasioned by the accident; or
B) A judgment being rendered against the petitioner for liability in an amount in excess of the statutory minimum as found in Section 7-201 of the IVC [625 ILCS 5/7-201] resulting from property damage to the property of any one person occasioned by the accident.
Should it be determined that either of these two factual situations exists, the preliminary finding of the Secretary shall stand;
5) The existence of any other issue or element necessary to the establishment of a case, if contested by the petitioner.
b) The law of negligence as determined by the Illinois Supreme Court and the Illinois General Assembly will apply in the decisions made from the hearings.
c) If a petitioner requests a hearing and there is evidence of an installment agreement in the file, the hearing officer shall go on the record at the time of the scheduled hearing.
1) If the petitioner wishes to contest liability or the amount of the security deposit required by the Department of Transportation certification, a full hearing shall be conducted based upon the facts of the accident and the amount of the damages involved. The validity of the installment agreement shall not be an issue and the hearing shall proceed as if no installment agreement exists.
A) If the decision of the hearing officer is to exonerate the petitioner, the hearing officer shall return the installment agreement to the petitioner and inform the petitioner that the decision does not alter the validity of the installment agreement.
B) If the decision of the hearing officer is that the petitioner did not rebut the preliminary finding of the Secretary, the hearing officer shall make such a finding, along with a finding regarding the amount of the security deposit required, as well as a finding that the petitioner is in compliance by virtue of submission of the installment agreement.
C) A hearing in the case shall be held regardless of whether there has been a default on the installment agreement.
2) If the petitioner does not wish to contest liability or the amount of the certification, the hearing officer will go on the record and state these facts. The installment agreement will be forwarded to the Safety and Financial Responsibility Division, Driver Services Department, Illinois Secretary of State, and no action will be taken against the driving and registration privileges of the petitioner at that time.
**History**
- *Source: Amended at 26 Ill. Reg. 9380, effective June 13, 2002*
##### **92 Ill. Adm. Code 1001.250** Decisions and Orders {#sec-1001.250 omnilex-key=us-il-regs-official--title-92--1001.250}
a) Upon the completion of the presentation of evidence, if the petitioner is unable to present a preponderance of evidence rebutting the preliminary finding of the Secretary or otherwise exempting the petitioner from the purview of the statute, the hearing officer shall direct that an Order of Suspension be entered. However, if the petitioner rebuts by a preponderance of the evidence the preliminary finding of the Secretary or otherwise establishes that the petitioner is exempt from the purview of the statute, the hearing officer shall direct that an Order of Exoneration be entered and further direct that the petitioner be dismissed.
b) A copy of the Order entered pursuant to a hearing shall be served, as soon as practicable after entry of said Order, upon the petitioner in the same manner as provided in Section 1001.220(d) for the service of the Notice of Hearings.
c) Decision on Petitioner's Refusal or Non-Appearance
1) If the petitioner fails to appear at the hearing, the hearing officer shall go on the record, state the petitioner failed to appear and is held to be in default. However, an attorney, who has filed an appearance on behalf of the petitioner, may appear and present motions, and the provisions at Section 1001.220(g) shall be followed. If the attorney, in such a case, requests a continuance which is denied, the matter shall proceed and an appropriate order entered.
2) If a petitioner appears for a hearing and refuses to testify on the grounds that any answer of his/hers may tend to incriminate him/her, then the hearing officer shall take an adverse inference from the refusal to testify and shall consider the adverse inference in addition to other evidence in determining whether petitioner should be suspended or exonerated. If the petitioner appears and refuses to testify without asserting the right against self-incrimination, the hearing officer shall enter any appropriate order as is required by the evidence and this Part.
d) Except for evidence depositions admissible under the law of the State of Illinois, oral testimony shall be given greater weight by the hearing officer than a written statement that is unsubstantiated by oral testimony or other documentary evidence, on the same issue. In determining the weight to be accorded evidence, the hearing officer shall take into account the demeanor and/or credibility of the proponent of the evidence. The certification from the Illinois Department of Transportation regarding the dollar amount of damages shall be given greater weight than oral testimony that is unsubstantiated by written corroboration, unless the witness is qualified as an expert in the field.
e) Continuances and Withdrawals
1) Hearings before the Department of Administrative Hearings will be continued only pursuant to a motion: filed prior to or on the date of the hearing, made over the telephone less than 15 days prior to or on the date of the hearing, or made in person on the day of the hearing. The movant shall set forth the grounds for the motion, which are limited to unforeseen, unavoidable or uncontrollable circumstances, such as an Act of God, the recent discovery of new evidence, the sudden illness or death of the movant or a member of his/her immediate family, or of the movant's legal counsel, or if the movant is able to demonstrate some other real and compelling need for additional time. A Motion to Continue may be supported by evidence that tends to prove the grounds alleged, including sworn testimony taken at a motion hearing on the day of the hearing. The inability to obtain transportation to the hearing site or a petitioner's failure or inability to submit proof of compliance or otherwise fulfill the minimum requirements of the Illinois Safety Responsibility Law are not circumstances that will justify continuing a hearing.
2) A hearing shall not be continued "generally". A continuance, if granted, shall state a date certain upon which time and date the hearing shall reconvene. If a petitioner is not prepared to go forward after the first continuance, a request to withdraw should be submitted.
A) Motions to Continue filed at least 15 days prior to the date of the hearing specified in the Notice of Hearing or Notice of a continued hearing date will be given priority in re-scheduling over those motions filed or made less than 15 days prior to the date of the hearing or made on the day of the hearing. The Department will rule upon Motions to Continue filed at least 15 days prior to the date of the hearing and, when possible, notify the movant of its ruling prior to the date of the hearing. If the motion is denied, then the movant must appear at and proceed with the hearing or withdraw from the hearing.
B) Motions to Continue made in person on the day of the hearing or by telephone less than 15 days prior to the date of the hearing specified in the Notice of Hearing or Notice of a continued hearing date must also be filed in writing, and received or postmarked no more than 5 days after the date of the hearing. A Motion to Continue made in writing less than 15 days prior to the date of the hearing specified in the Notice of Hearing or Notice of a continued hearing date must be received or postmarked no more than 5 days after the date of the hearing. The Department cannot assure the movant that it will rule upon such motions prior to the date of the hearing.
C) A Motion to Continue made or filed by a petitioner waives the statutory requirement of § 2-118 of the Code that his/her hearing commence within 90 days from the date of his/her written request. Except to the extent provided in subsection (e)(3), these proceedings are considered joint and non-severable and, therefore, a Motion to Continue made by and granted to any petitioner is binding on all parties.
D) In all cases, it is also the responsibility of a movant who has not been notified of the Department's ruling to contact the Department on or before the day of the hearing to determine whether his/her motion has been ruled upon. A movant's failure to appear after a Motion to Continue is denied will result in the entry of an Order of Default.
3) The Department may also make or file a Motion to Continue for unforeseen, unavoidable or uncontrollable circumstances, an Act of God, the recent discovery of new evidence, the sudden illness or death of the hearing officer, the attorney representing the Secretary of State, a witness, or a member of the immediate family of the same, or if the Department is able to demonstrate some other real and compelling need for additional time.
4) A petitioner may withdraw from a hearing for any reason by making a motion on the day of the hearing or by filing a Motion to Withdraw at any time prior to the date and scheduled time of the hearing. Failure to do so will result in an Order of Default, unless other evidence taken pursuant to this subsection or § 1001.260 warrants the exoneration of the defaulted party. If an interested party or another petitioner appears for a hearing prepared to proceed, his/her testimony or documentary evidence will be taken and made part of the record, which will be admissible at any rehearing conducted pursuant to § 1001.260. Should the petitioner request another hearing, it must be done in writing and it will be treated as any other request for hearing. (See § 1001.220(a).)
5) A Motion to Continue or Withdraw made by any attorney on behalf of a petitioner will not be considered unless the attorney filed a written notice of appearance as provided in Section 1001.40.
**History**
- *Source: Amended at 26 Ill. Reg. 9380, effective June 13, 2002*
##### **92 Ill. Adm. Code 1001.260** Rehearings {#sec-1001.260 omnilex-key=us-il-regs-official--title-92--1001.260}
a) A request by the petitioner for a rehearing will be granted if good cause is shown. A request for a rehearing must be accompanied by a $50 filing fee, as provided in Section 1001.220(b).
b) Good cause is shown when the petitioner is able to demonstrate:
1) that a real and compelling reason existed at the time of the original hearing for his/her failing to appear due to unforeseen, unavoidable or uncontrollable circumstances, such as an Act of God, the sudden illness or death of the petitioner or a member of his/her immediate family, or of the petitioner's legal counsel; or
2) the recent discovery of new evidence that was not known to exist or was not known to be available at the time of the original hearing. Evidence will not be considered "new evidence" if it could have or should have been discovered by the reasonable exercise of diligent inquiry and/or effort by the petitioner.
c) Rehearing requests must be in writing and directed to the Secretary of State, Department of Administrative Hearings, Support Services, Room 207, Howlett Building, Springfield, Illinois 62756.
d) If the interested party appears and the petitioner fails to appear or withdraws, the hearing will be held and the testimony of the interested party or any other witness present may be taken. The evidence admitted at the original hearing shall be admissible at a rehearing and the petitioner shall be deemed to have waived the right of cross-examination of any witnesses at the original hearing.
**History**
- *Source: Amended at 26 Ill. Reg. 9380, effective June 13, 2002*
##### **92 Ill. Adm. Code 1001.270** Judicial Review {#sec-1001.270 omnilex-key=us-il-regs-official--title-92--1001.270}
In accordance with Section 7-102 of the Code, the provisions of the Administrative Review Law (Ill. Rev. Stat. 1985, ch. 110, pars. 3-101 et seq.), and all amendments thereto, shall apply to and govern the judicial review of final administrative decisions of the Department and the Secretary entered hereunder.
**History**
- *Source: Former Section 1001.270 renumbered to Section 1001.280, New Section 1001.270 renumbered from Section 1001.260 and amended at 10 Ill. Reg. 4558, effective March 18, 1986*
##### **92 Ill. Adm. Code 1001.280** Invalidity {#sec-1001.280 omnilex-key=us-il-regs-official--title-92--1001.280}
If any part of these Rules shall be held by a court of competent jurisdiction to be invalid, such holding shall not affect the remaining parts hereof.
**History**
- *Source: Renumbered from Section 1001.270 at 10 Ill. Reg. 4558, effective March 18, 1986*
##### **92 Ill. Adm. Code 1001.300** Applicability {#sec-1001.300 omnilex-key=us-il-regs-official--title-92--1001.300}
a) Lower Level Hearing; No Right to Appeal. This Subpart applies to informal hearings conducted by driver license hearing officers in the Department of Administrative Hearings of the Office of the Secretary of State in various locations throughout Illinois. They are a lower level hearing than the formal hearings conducted pursuant to Subpart A of this Part. There is no appeal from an informal hearing to a formal hearing because the formal hearing is a de novo proceeding. These informal hearings are limited to the consideration of and the making of recommendations on driver's license suspension and revocation matters and the recommendations may include any recommendation able to be made by a formal hearing, except as provided in subsection (b).
b) Petitions Not Subject of Informal Hearings. An informal hearing shall not, however, consider petitions for driving relief in the following cases:
1) the current suspension, revocation or cancellation resulted from an offense, the facts of which involved a death;
2) for the rescission or modification of suspensions or revocations;
3) the petitioner has 2 or more DUI dispositions during the petitioner's lifetime, at least one of which resulted in the current open revocation or suspension of driving privileges;
4) an open revocation entered pursuant to Section 6-206(a)1 of the Code and 92 Ill. Adm. Code 1040.35;
5) for a restricted driving permit after an extension or reimposition of a summary suspension entered pursuant to Section 6-206.1(l) of the Code;
6) a renewal of any restricted driving permit if there were BAIID violations while driving on the restricted driving permit which were not satisfactorily explained to the BAIID Division.
7) any hearing for reinstatement of driving privileges for which a formal hearing was required for issuance of the restricted driving permit;
8) a person subject to a life-time prohibition from making an application for a driver's license under Section 6-208(b)4 of the Code regardless of the nature of the current loss of driving privileges.
c) Jurisdiction of Informal Hearings − Renewal of Permits. An informal hearing may, however, consider, after initial approval or issuance at a formal hearing, a petition for the continuation/renewal of restricted driving permits in the above cases if:
1) a restricted driving permit was granted from a formal hearing;
2) a permit is still in effect or has expired no more than 30 days from the date of the informal hearing;
3) the petitioner has not been subsequently convicted or received court supervision for any of the following offenses: driving under the influence or aggravated driving under the influence, leaving the scene of a fatal or personal injury collision, drag racing, reckless driving, driving while suspended or revoked, fleeing or attempting to elude a peace officer, or any of the felony offenses listed in Section 6-206(a)28 of the Code;
4) the petitioner has driven on the current permit for at least 75% of the length of the permit; and
5) the petitioner is now eligible for and requests the continuation of the previously issued permits.
**History**
- *Source: Amended at 45 Ill. Reg. 14985, effective November 12, 2021*
##### **92 Ill. Adm. Code 1001.310** Definitions {#sec-1001.310 omnilex-key=us-il-regs-official--title-92--1001.310}
"Department" means the Department of Administrative Hearings of the Office of the Secretary of State.
"Director" means the Director or Acting Director of the Department of Administrative Hearings.
"DUI Disposition" means:
any conviction or supervision for DUI, BUI or SUI; or
any conviction for reckless homicide in which alcohol and/or drugs is recited as an element of the offense or other credible evidence indicates that the petitioner's/respondent's conduct causing death involved the use of alcohol or other drugs; or
any conviction or supervision for reckless driving that was reduced from DUI; or
any statutory summary suspension or revocation entered pursuant to IVC Section 11-501.1; or
any suspension entered pursuant to IVC Section 11-501.9; or
any suspension entered pursuant to IVC Section 6-206(a)(6) for refusal of chemical testing in another state.
This definition applies to offenses committed in another state, as well as in Illinois, regardless of whether the offense has been recorded to the offender's Illinois criminal or driving record. DUI Disposition does not include a suspension entered pursuant to IVC Section 11-501.8 (zero tolerance).
"Headquarters" means the main location of the hearing officer in each region as specified in Section 1001.340(c).
"Hearing Officer" means the driver's license hearing officer.
"Informal Hearing" means a hearing conducted without the formal procedures of Subpart A, is subject to the conditions described in Sections 1001.300 and 1001.360 of this Subpart and is conducted in designated facilities throughout Illinois.
"Informal Hearings Division" means the division of the Department of Administrative Hearings that is responsible for the operation and administration of informal hearings.
"Facility" means a driver's license station operated by the Department of Driver Services of the Office of the Secretary of State.
"Office" means the Office of the Secretary of State and not any particular Department, address or location.
"Person" means an individual who seeks relief or action from the Office on a driver's license suspension or revocation.
"Petitioner" means the person who seeks relief from the suspension or revocation of driving privileges pursuant to the provisions of the Illinois Vehicle Code.
"Region" means a group of counties within which a driver's license hearing officer conducts informal hearings.
"Work Location" means another facility within a region at which a hearing officer conducts informal hearings but is not the headquarters.
**History**
- *Source: Amended at 45 Ill. Reg. 14985, effective November 12, 2021*
##### **92 Ill. Adm. Code 1001.320** Right to Representation {#sec-1001.320 omnilex-key=us-il-regs-official--title-92--1001.320}
Any petitioner may represent himself or herself at an informal hearing, or may be represented by an attorney licensed to practice law in Illinois or in another state who is specifically permitted, by the Director of the Department pursuant to Supreme Court Rule 707 and the Illinois Rules of Professional Conduct Rule 5.5, effective January 1, 2010, to represent a petitioner at the informal hearing, upon the attorney's verbal representations or written documentation as to the attorney's admittance, or any law student licensed under Supreme Court Rule 711. A petitioner may be assisted by a non-lawyer if the petitioner is representing himself or herself.
**History**
- *Source: Amended at 40 Ill. Reg. 834, effective December 31, 2015*
##### **92 Ill. Adm. Code 1001.330** Record and Reports {#sec-1001.330 omnilex-key=us-il-regs-official--title-92--1001.330}
a) The hearing officer will record all proceedings on a form prescribed and supplied by the Director. The form will include, but not be limited to, identification information about the petitioner, a narrative from the petitioner concerning his/her driving record and need for relief, the type of relief sought, the violations for which the petitioner's driving privileges were suspended or revoked, and the hearing officer's recommendation. The recommendations of the hearing officer shall be based upon the evidence, the driving record of the petitioner, the Illinois Vehicle Code, this Part, and any other relevant factor.
b) The petitioner may submit any relevant and probative documentary or testimonial evidence the petitioner wishes to have considered by the hearing officer and the Department.
c) The report and evidence from the hearing officer shall be a public record, and copies may be purchased for the statutory fee for copies of Secretary of State records established in § 5.5 of the Secretary of State Act [15 ILCS 305/5.5].
**History**
- *Source: Amended at 26 Ill. Reg. 9380, effective June 13, 2002*
##### **92 Ill. Adm. Code 1001.340** Location of Hearings {#sec-1001.340 omnilex-key=us-il-regs-official--title-92--1001.340}
a) There shall be at least one hearing officer in each region.
b) The headquarters of each region shall be in the facility located in that city, and a work location may also be established by the supervisor for one or more hearing officers within a region.
c) The regions and headquarters shall be designated by the Secretary or the Director of the Department and announcements of the location and days and hours of service shall be posted at driver's license stations throughout the State and on the Secretary of State website (cyberdriveillinois.com). This information will be updated quarterly.
**History**
- *Source: Amended at 40 Ill. Reg. 834, effective December 31, 2015*
##### **92 Ill. Adm. Code 1001.350** Duties and Responsibilities {#sec-1001.350 omnilex-key=us-il-regs-official--title-92--1001.350}
a) Hearing officers will send all reports of hearings to the departmental office in Springfield.
b) A final decision will be made by the Director or designee at the Department in Springfield, Illinois after consideration of all the evidence on the record, including, but not limited to, the driving record of the petitioner, the severity of the offenses, the frequency of offenses, the nature and sequence of offenses, the statements submitted to the hearing officer, and other relevant and probative factors.
**History**
- *Source: Amended at 26 Ill. Reg. 9380, effective June 13, 2002*
##### **92 Ill. Adm. Code 1001.360** Decisions; Time Limits on Obtaining Relief {#sec-1001.360 omnilex-key=us-il-regs-official--title-92--1001.360}
a) The decision at the informal hearing is not a final order and as such is not subject to administrative review pursuant to the Administrative Review Law. Following an adverse decision at the informal hearing, the petitioner may petition for a formal hearing conducted pursuant to Subpart A of this Part. Such a formal hearing shall constitute a de novo proceeding and is not an appeal of an adverse decision at the informal hearing.
b) If a petitioner has had an informal hearing pursuant to this Subpart, neither a formal hearing nor another informal hearing on the same issues and/or regarding the same type of driving relief shall be held until at least 30 days have elapsed since the date of the last informal hearing.
c) The Department shall notify the petitioner of the decision of the Secretary of State by regular or electronic mail. If it is the decision of the Secretary of State to grant driving relief, then the Department will also provide instructions on what steps the petitioner must take (such as, but not limited to, filing high-risk insurance, the payment of fees, taking driving tests, etc.) in order to obtain the relief. The failure to follow and complete these instructions will result in the denial of driving relief.
1) Petitioners who are granted a restricted driving permit must complete the requirements for obtaining the permit within 90 days after the Department enters and mails the decision of the Secretary of State. The Department reserves the discretion to extend this deadline in order to allow a petitioner to achieve compliance, when it is apparent that the petitioner is making a good faith effort or the petitioner demonstrates that he or she has experienced a change in circumstances that requires the petitioner to provide additional information (such as, but not limited to, a change in employment).
2) Petitioners who are granted the reinstatement of driving privileges must complete the requirements for effecting reinstatement within 365 days after the Department enters and mails the decision of the Secretary of State.
**History**
- *Source: Amended at 31 Ill. Reg. 6185, effective May 1, 2007*
##### **92 Ill. Adm. Code 1001.370** Invalidity {#sec-1001.370 omnilex-key=us-il-regs-official--title-92--1001.370}
If any portion of this Subpart shall be held by a court of competent jurisdiction to be invalid, such holding shall not affect the remaining portions.
**History**
- *Source: Amended at 26 Ill. Reg. 9380, effective June 13, 2002*
##### **92 Ill. Adm. Code 1001.400** Applicability; Statement of Principle and Purpose {#sec-1001.400 omnilex-key=us-il-regs-official--title-92--1001.400}
a) Applicability. This Subpart applies to the decision making process on applications for: restricted driving permits by persons whose driving privileges have been suspended, revoked, cancelled or denied; the issuance of restricted driving permits conditioned upon the installation of a breath alcohol ignition interlock device (BAIID); the reinstatement of driving privileges; the granting of driving privileges after denial; and the termination of cancellations. Each petitioner's case is unique and all of the evidence and the petitioner's entire driving record must be considered with these standards before a decision is made. The issuance of both forms of driving relief are discretionary with the Secretary of State upon the evidence presented as set forth in this Subpart D.
b) Statement of Principle and Purpose
1) In cases in which a person's driver's license and driving privileges are suspended or revoked, the Secretary has been given the following statutory mandate: In no event shall the Secretary issue such license unless and until such person has had a hearing pursuant to the Code and the appropriate administrative rules and the Secretary is satisfied, after a review or investigation of such person, that to grant the privilege of driving a motor vehicle on the highways will not endanger the public safety or welfare. [625 ILCS 5/6-208] In the discharge of this mandate, this Subpart D provides guidance to both the Department and the public for issuing and obtaining driving relief.
2) In the implementation of this Subpart D, the Office of the Secretary of State subscribes to the disease concept of alcoholism/chemical dependency, as defined in the Alcoholism and Other Drug Abuse and Dependency Act [20 ILCS 301/1-10] and incorporates by reference the Jellinek chart (E.M. Jellinek, The Disease Concept of Alcoholism, Hillhouse Press (1960, no further amendments or additions included)). Furthermore, it is the policy of the Secretary of State that this Subpart D is to be read, interpreted, and applied as an integrated whole, rather than separately and individually. Therefore, the purpose of this Subpart D is to assist the hearing process to determine, first, the nature and extent of a petitioner's alcohol/drug problem; second, whether the petitioner's alcohol/drug problem has been resolved; and, third, whether the petitioner will be a safe and responsible driver. The petitioner must carry the burden of proof on each of these 3 issues by clear and convincing evidence in order to obtain driving relief. A petitioner cannot prove that the petitioner will be a safe and responsible driver unless and until the petitioner has proven that the alcohol/drug problem has been resolved. The fact the petitioner has abstained from the use of alcohol/drugs is not sufficient, in and of itself, to prove that the petitioner's alcohol/drug problem has been resolved. Rather, a petitioner must also demonstrate successful completion of all recommended countermeasures and that significant improvement has occurred in the petitioner's attitude and lifestyle from that which existed at the time of the offenses resulting in the suspension or revocation of driving privileges, so that the Secretary will be reasonably assured that the petitioner will be a safe and responsible driver in the future.
3) It is also the policy of the Secretary of State that a complete and accurate alcohol/drug use history is essential in determining the nature and extent of a petitioner's alcohol/drug problem and that a service provider's classification of a petitioner's alcohol/drug problem is not credible without a complete and accurate alcohol/drug use history. Furthermore, significant discrepancies and/or inconsistencies among or between the alcohol/drug use history recited in an alcohol/drug evaluation and the petitioner's testimony at a driver's license hearing, or the other evidence admitted at a hearing, renders suspect and unreliable a service provider's classification of a petitioner's alcohol/drug problem.
4) The use of breath alcohol ignition interlock device (BAIID) pursuant to the provisions of this Subpart D is an effective tool to prevent individuals from operating a motor vehicle after consuming alcohol. When a BAIID registers a violation showing a permittee who has been issued a monitoring device driving permit or a restricted driving permit that requires the use of a BAIID has attempted to start a vehicle after consuming alcohol, that violation is proof the permittee continues to require the use of a BAIID. Therefore, BAIID violations that indicate the consumption of alcohol should never serve as the sole basis for cancelling or revoking a permit, which would result in the removal of the BAIID from the permittee's vehicle. Instead, any BAIID violation involving the consumption of alcohol will be made part of the BAIID permittee's record of performance to be considered at the petitioner's next formal hearing for driving relief. A BAID Multiple Offender (BMO) permittee who does not meet the requirements of Subpart D at the time of reinstatement as a result of BAIID violations incurred during the monitoring period may only be renewed for a maximum of 12 months. The petitioner must come into compliance with all provisions of Subpart D during that 12-month renewal period. Failure to come into compliance with Subpart D will result in denial of reinstatement and restart the 1,826-day requirement in Sec. 1001.443.
5) This Subpart D is to be read, interpreted, and applied as an integrated whole. Therefore, it is insufficient to a determination of whether a petitioner's alcohol/drug problem has been resolved and whether the petitioner will be a safe and responsible driver for a petitioner to prove the successful completion or accomplishment of only some or part of the requirements of the classification of the petitioner's alcohol/drug use. Primarily, proof of long-term abstinence from the use of alcohol/drugs is insufficient to obtain driving relief without the successful completion or accomplishment of the other requirements of the classification of a petitioner's alcohol/drug use. To do so would allow for the arbitrary application of this Subpart D.
**History**
- *Source: Amended at 45 Ill. Reg. 14985, effective November 12, 2021*
##### **92 Ill. Adm. Code 1001.410** Definitions {#sec-1001.410 omnilex-key=us-il-regs-official--title-92--1001.410}
"Abstinence" means to refrain from consuming any type of alcohol, from any source, or other drugs.
"Abstract" means a summary of a driver's record of traffic law violations, accidents, suspensions, revocations, cancellations, address and personal information of the driver, as contained in the files of the Office of the Secretary of State.
"Accredited educational course" means any class or course of instruction offered by an accredited educational institution that is either vocational in nature or is part of the matriculation process in receiving an academic degree, diploma, or certificate. It shall also include attendance at any required instructional class in an apprentice program and at functions and activities required to maintain the student's status as a currently enrolled student or to fulfill the requirements of a scholarship.
"Accredited educational institution" means any school or institution, whether public or private, that offers classes or courses of instruction, and that is reviewed and approved or granted a waiver of approval by the controlling State agency.
"Alcohol" means ethanol, commonly referred to as ethyl alcohol.
"Alcohol and drug evaluation (Investigative)" means a printed report that conforms to standards established by the Department, as specified in Section 1001.440(a)(6)(D). The evaluation must be completed on a form prescribed by the Department. This evaluation will be conducted as required pursuant to Sections 1001.420(1) and 1001.430(d), when:
the current loss of driving privileges is not related to a DUI arrest/disposition yet:
the petitioner's/respondent's driving record contains, or other evidence indicates the existence of, a prior DUI disposition or any other conviction or loss of driving privileges that was alcohol/drug related within the last 5 years (as of the date of the hearing) for which the petitioner/respondent did not or was not required to submit to the Secretary an alcohol/drug evaluation to obtain driving privileges;
there is credible evidence that the petitioner had any arrest or implied consent suspension for boating or snowmobiling under the influence within the last 5 years (as of the date of the hearing);
the petitioner has an alcohol/drug-related criminal conviction within the last 5 years (as of the date of the hearing), as defined in this Section; or
the facts of the current loss of driving privileges indicate the use or potential use of alcoholic beverages or other drugs at a time when the offender was under the age of 21 years and within the last 5 years (as of the date of the hearing); or
there is evidence that the petitioner/respondent may be a user of alcohol or any other drug to a degree that renders that person incapable of safely driving a motor vehicle. (See IVC Section 6-103.4.)
"Alcohol and drug evaluation (Out-of-state)" means a printed report that conforms to standards established by the Department, as specified in Section 1001.440(a)(6)(C).
"Alcohol and drug evaluation (Uniform Report)" means a printed report that conforms to standards established by the Illinois Department of Human Services, Division of Substance Use Prevention and Recovery (DSUPR). (See 77 Ill. Adm. Code 2060.503.) The evaluation must be completed on a form prescribed by DSUPR. The evaluation must be signed and dated by both the evaluator and the petitioner.
"Alcohol and drug evaluation (Update)" means a printed report that updates a Uniform Report or Investigative Evaluation and conforms to standards established by the Department, as specified in Section 1001.440(a)(6)(B). The evaluation must be completed on a form prescribed by the Department. The update evaluation must be completed by a program in accordance with the provisions of Section 1001.440(a)(6)(A).
"Alcohol and drug related driver risk education course" means an educational program concerning the effects of alcohol/drugs on drivers of motor vehicles, also referred to as a DUI driver remedial program, that conforms to the standards established by DSUPR. (See 77 Ill. Adm. Code 2060.505.)
"Alcohol/drug-related criminal conviction" means a petitioner's or respondent's record of being found guilty of violating the Cannabis Control Act [720 ILCS 550], Illinois Controlled Substances Act [720 ILCS 570], or Methamphetamine Control and Community Protection Act [770 ILCS 646], or being found guilty of the commission of a misdemeanor or felony offense while under the influence of, or impaired by the use of, alcohol or other drugs, or the facts of the offense indicate that it was committed for the purpose of obtaining alcohol or other drugs.
"Alcohol setpoint" means the minimum or nominal BrAC (0.025) at which a device is set to lock a vehicle's ignition.
"BAC" means blood alcohol concentration as determined by a chemical test administered by police authorities or medical personnel to measure the concentration of alcohol in the bloodstream.
"BAIID permittee" means a BAIID petitioner who has been issued an RDP as a result of a hearing.
"BAIID multiple offender" or "BMO" means anyone who is required to install an interlock device on all vehicles that individual owns and operates, pursuant to IVC Section 6-205(h), and who, therefore, is also required to drive on a BMO permit for 5 years, pursuant to IVC Section 6-205(h), 6-208 or 11-501.01(e). Any petitioner whose current or most recent suspension or revocation is for an offense or offenses that are not alcohol/drug-related, and whose alcohol/drug use was the topic of previous hearings that resulted in a finding that the petitioner's alcohol/drug problem had been resolved and who, therefore, previously fulfilled the requirements of Sections 6-205(h) and 11-501(i), is not a BMO.
"BAIID Multiple Offender (BMO) Restricted Driving Permit (RDP)" means an RDP that requires the use of a BAIID that is issued only to BMOs.
"BAIID petitioner" means anyone who, if issued a restricted driving permit, may not operate a motor vehicle unless it has been equipped with an interlock device as defined in this Section, as required by the IVC or this Part.
"BAIID provider" means an entity authorized by the Secretary to contract with BAIID permittees and MDDP offenders and distribute, supply, install, maintain and monitor BAIID devices. A "BAIID provider" may be an authorized agent or representative of a manufacturer or an independent entity. "BAIID provider" may be synonymous with vendor, supplier, manufacturer, or installer.
"Breath Alcohol Ignition Interlock Device" or "BAIID" means a mechanical unit that is installed in a vehicle which requires the taking of a BrAC test prior to the starting of a vehicle. If the unit detects a BrAC test result below the alcohol setpoint, the unit will allow the vehicle ignition switch to start the engine. If the unit detects a BrAC test result above the alcohol setpoint, the vehicle will be prohibited from starting. The unit or combination of units, to be approved by the Secretary, shall measure breath alcohol concentrations by breath analysis and shall include both simple and complex units.
"BrAC" means the w/v breath alcohol concentration.
"BUI" means boating under the influence, as defined in the Boat Registration and Safety Act [625 ILCS 45/5-1 through 5-21].
"Certified controlled reference sample" means a suitable reference of known ethyl alcohol concentration.
"Certified transcript" means a tax return transcript document provided by and certified by IRS that shows most line items on the return filed, including the adjusted gross income. The transcript can be used to verify income. IRS charges no fee for this service. Information on ordering a transcript can be found at https://www.irs.gov/individuals/tax-return-transcript-types-and-ways-to-order-them.
"Chemical test" means the chemical analyses of a person's blood, urine, breath or other bodily substance performed according to the standards promulgated by the Illinois State Police. (See 20 Ill. Adm. Code 1286.)
"Circumvention" means an overt, conscious effort to bypass the BAIID or any other act intended to start the vehicle without first taking and passing a breath test.
"Clinical impression" means a qualified treatment professional's (see Section 1001.440(b)(2) through (b)(6)) opinion regarding the effectiveness of substance abuse treatment provided to an individual and the likelihood of future alcohol/drug-related problems. This constitutes the treatment professional's most reasonable clinical judgment based on direct involvement with the individual throughout the course of treatment. It should not be interpreted as a definitive statement regarding the likelihood of future alcohol/drug-related problems.
"Code" or "IVC" means the Illinois Vehicle Code [625 ILCS 5].
"Day care provider, licensed/unlicensed – children" means a licensed "facility for childcare", "child care institution", or "day care center", as defined and provided for in the Child Care Act of 1969 [225 ILCS 10] and the rules of the Department of Children and Family Services at 89 Ill. Adm. Code 406 and 89 Ill. Adm. Code 408. It also includes, for purposes of this Subpart, a private individual or family member who, regardless of whether payment is made for the service, provides day care services as described in the Child Care Act of 1969 and 89 Ill. Adm. Code 406.
"Day care provider, licensed/unlicensed – elderly or disabled person" means a licensed "adult day health center" and other community based services for elderly and disabled persons, as defined and provided for in the All-Inclusive Care of the Elderly Act [320 ILCS 40], the Older Adult Services Act [320 ILCS 42], the Community Senior Services and Resources Act [320 ILCS 60], the Family Caregiver Act [320 ILCS 65], and Article III of the Illinois Public Aid Code [305 ILCS 5]. It also includes, for purposes of this Subpart, a private individual or family member who, regardless of whether payment is made for the service, provides day care services as described in those statutes and the rules of the Departments of Healthcare and Family Services and Aging.
"Decertification" means the removal or cancellation by the Secretary of the authorization for a BAIID provider to use, distribute or provide a particular type of BAIID to BAIID permittees, MDDP offenders and BAIID multiple offenders.
"Department" means the Department of Administrative Hearings of the Office of the Secretary of State.
"Designated driver remedial or rehabilitative program" means an alcohol or drug evaluation, an alcohol or drug-related driver risk education course, an alcohol or drug treatment program, the Office driver improvement program, or any similar program intended to diagnose and change a petitioner's driving problem as evidenced by the petitioner's abstract. (See IVC Sections 6-205(c) and 6-206(c)3.)
"Device" means a breath alcohol ignition interlock device approved by the Secretary.
"Director" means the Director or Acting Director of the Department.
"Disabled person" means any person who is, and who is expected to indefinitely continue to be, subject to any of the 5 types of disabilities listed in Section 4A of the Illinois Identification Card Act [15 ILCS 335/4A] or who is disabled as defined in Article III of the Illinois Public Aid Code. It also means any person whose disability is verified by the person's treating physician.
"Documentation of abstinence" means testimony and documentation, in the form of affidavits, letters, etc., from individuals who have regular, frequent contacts with the petitioner (e.g., spouse, significant other, employer, co-workers, roommates) verifying that to the best of their knowledge the petitioner has been abstinent from alcohol/drugs for a specified period of time, according to the standards stated in Section 1001.440(e).
"Driver License Compact" is an agreement among signatory states that deals with the problems of: issuing drivers' licenses to people who move from one signatory state to another; and drivers who are licensed in one signatory state and convicted of traffic offenses in other such states. The Compact has been codified in Illinois and is found in IVC Chapter 6, Article VII.
"DSUPR" means the Illinois Department of Human Services, Division of Substance Use Prevention and Recovery.
"DUI" means driving under the influence.
"DUI disposition" means any conviction or supervision for DUI, BUI or SUI, or any conviction for reckless homicide when alcohol and/or drugs is recited as an element of the offense or other credible evidence indicates that the petitioner's/respondent's conduct causing death involved the use of alcohol or other drugs, or reckless driving reduced from DUI, or any statutory summary suspension or implied consent suspension, except summary suspensions entered pursuant to Section 11-501.8 of the Code (zero tolerance suspensions). This definition applies to offenses that are committed in other states as well as in Illinois, and regardless of whether the offense has been recorded to the offender's Illinois criminal or driving record.
"Elderly person" means a person age 60 or over who does not possess driving privileges or who, due to age or infirmity, is not able to exercise those driving privileges.
"Employ" or "employed" or "employment" shall all relate to activity for compensation to support oneself or one's dependents as well as activities ordered by a court in connection with a sentence that includes the completion of a term of community service. Employment need not be the sole or primary means of support for the petitioner or the petitioner's dependents.
"Evaluator" means any person licensed to conduct an alcohol and drug evaluation by DSUPR. (See 77 Ill. Adm. Code 2060.201.) A treatment provider may be considered an evaluator for the purpose of completing an update evaluation in accordance with Section 1001.440(a)(6)(A).
"Failure to successfully complete a running retest" means any time the BAIID Permittee registers a BrAC reading of 0.05 or more on a running retest or fails to perform a running retest that has been requested.
"Fee" means the statutory fees for restricted driving permits or reinstatement of driving privileges, as specified in IVC Section 6-118.
"Hearing" means informal hearings and/or formal hearings.
"High Risk" means the classification resulting from an alcohol and drug evaluation assigned to a petitioner with either:
symptoms of substance dependence (regardless of driving record), referred to in this Part as High Risk Dependent. This classification shall be assigned to a petitioner who has experienced the required number of symptoms within any 12 month period, as defined by the Diagnostic and Statistical Manual of Mental Disorders, and regardless of whether the petitioner has attained a sustained period of remission/abstinence at the time that the evaluation is conducted; and/or
within the 10 year period prior to the date of the most current (third or subsequent) arrest, any combination of two prior convictions or court ordered supervisions for DUI, BUI or SUI, or prior statutory summary suspensions, or prior reckless driving convictions reduced from DUI, resulting from separate incidents, referred to in this Part as High Risk Nondependent. (See 77 Ill. Adm. Code 2060.503(g).) This definition applies to offenses that are committed in other states as well as in Illinois, and regardless of whether the offense has been recorded to the offender's Illinois driving record.
"Immediate family" means a member of the petitioner's household, the petitioner's parents, grandparents, children, grandchildren and stepchildren who live with the petitioner, and significant other.
"Initial Monitor Report" means the monitor report obtained or required to be obtained within the first 30 days after initial installation of the device.
"Installer" means an individual trained by a BAIID provider or manufacturer to install, repair, maintain, or monitor a BAIID and employed by an authorized BAIID provider, service center, vendor or manufacturer. "Installer" is synonymous with an authorized entity providing installation, repair, or monitoring services to BAIID permittees and MDDP offenders through those trained individuals.
"Lifetime Permit" means a permit only issued to a petitioner having four or more DUI convictions, the last arrest of which occurred on or after January 1, 1999.
"Lockout" means the device must prevent engine ignition by a virtual lock with 90% certainty or near absolute lock at 99.5% certainty.
"Manufacturer" means the maker of a BAIID or its authorized representative.
"MDDP" means a monitoring device driving permit, issued pursuant to Section 6‑206.1 of the IVC. A MDDP is not a restricted driving permit.
"MDDP holder" means an MDDP offender who has been issued an MDDP by the Office of the Secretary of State.
"MDDP offender" means a person who is a first offender as defined in Sections 11-500 and 6-206.1 of the IVC.
"Medical cannabis" means the prescribed use or consumption of cannabis as defined and authorized by the Compassionate Use of Medical Cannabis Pilot Program Act [410 ILCS 130].
"Medical or physical BAIID modification" means a demonstrated physical or medical condition documented in writing by a physician that consistently interferes with the normal operation of the BAIID by the BAIID permittee or MDDP offender for which the Department may authorize a modification of the BAIID or its programming to accommodate the condition without violating the BAIID rules and statutory requirements.
"Medical or Physical BAIID Waiver" means a demonstrated physical or medical condition, documented in writing by a physician, that consistently interferes with or prevents the normal operation of the BAIID by the BAIID permittee or MDDP offender for which the Department may authorize a waiver of the BAIID.
"Minimal Risk" means the classification resulting from an alcohol and drug evaluation assigned to a petitioner who has:
no prior conviction or court ordered supervisions for DUI, BUI or SUI, no prior statutory summary suspensions, and no prior reckless driving conviction reduced from DUI; and
a blood alcohol concentration (BAC) of less than .15 as a result of the most current arrest for DUI; and
no other symptoms of substance abuse or dependence. (See 77 Ill. Adm. Code 2060.503(g).)
This definition applies to offenses that are committed in other states as well as in Illinois, and regardless of whether the offense has been recorded to the offender's Illinois criminal or driving record.
"Moderate Risk" means the classification resulting from an alcohol and drug evaluation assigned to a petitioner who has:
no prior conviction or court ordered supervisions for DUI, BUI or SUI, and no prior statutory summary suspensions, and no prior reckless driving conviction reduced from DUI; and
a blood alcohol concentration (BAC) of .15 to .19 or a refusal of chemical testing as a result of the most current arrest for DUI; and
no other symptoms of substance abuse or dependence. (See 77 Ill. Adm. Code 2060.503(g).)
This definition applies to offenses that are committed in other states as well as in Illinois, and regardless of whether the offense has been recorded to the offender's Illinois criminal or driving record.
"Monitor report" means an electronic report or a printout of the activity of a device obtained by the manufacturer or installer at the time of an inspection of the device which shall include at a minimum the number of successful and unsuccessful attempts to start the vehicle and rolling retests, including each date, time, and BrAC reading, and any evidence of tampering or circumvention of the device.
"National Driver Register" means a central index, maintained by the U.S. Department of Transportation, of individuals whose driving privileges are denied, terminated or withdrawn, as reported by the states' driver licensing authorities.
"Near-alcoholic beverage" means a beverage with an alcohol content of .05 percent or less.
"Office" means the Office of the Secretary of State and not any particular department address or location.
"Permanent lockout" means that feature of the device that prevents a vehicle with the device installed from starting after the lapse of the 5 days (see 92 Ill. Adm. Code 1001.442(e)(7)) and requires servicing by the manufacturer/installer of the device to make the vehicle operable for failure to take the vehicle with the device to the manufacturer or installer for any required monitor report or for any failure to send the device to the manufacturer within 5 days after any service or inspection notification.
"Petitioner" is the party who seeks or applies for relief from the Office from the suspension, revocation, cancellation, or denial of driving privileges pursuant to the provisions of the Illinois Vehicle Code.
"Problem Driver Pointer System" or "PDPS" is a pointer file consisting of an index of problem drivers (as determined by adverse driver's license actions) that is maintained by a driver's home state (state of record (SOR)) and is accessed by other states (state of inquiry (SOI)) to determine a person's eligibility to apply for a driver's license. (See Secretary of State rules at 92 Ill. Adm. Code 1040.70.)
"RDP" means a restricted driving permit, as defined by IVC Section 1-173.1 and limited as specified in IVC Sections 6-205(c) and 6-206(c).
"Reinstatement" means the restoration of driving privileges entitling the petitioner to apply for a new driver's license in accordance with the requirements of the Illinois Vehicle Code and this Part.
"Respondent" means a person against whom a complaint or petition is filed, or who, by reason of interest in the subject matter of a petition or application or the relief sought through that action, is made a respondent or to whom an order or complaint is directed by the department initiating a proceeding.
"Running retest" means that feature of the device that requires the driver to take additional BrAC tests after the initial test to start the vehicle.
"Secretary" means the Illinois Secretary of State or the Secretary's designee.
"Service or inspection notification" means that feature of the device that advises or notifies the BAIID permittee or MDDP offender to either take the vehicle with the device installed to the BAIID provider or installer or send the device to the BAIID provider or installer for the required inspection and the monitor report.
"Service center" means an authorized dealer, distributor, supplier, or other business engaged in the installation of BAIIDs and is synonymous with installer.
"Show cause hearing" means that the Secretary has good cause to believe that a driver may be a danger to public safety and welfare for violations of IVC Sections 6‑103, 6-108, 6-207 and/or 6-201(a). The Department will send notice to the driver, who then has an opportunity to show cause why driving privileges should not be cancelled at a formal hearing conducted pursuant to IVC Section 2‑118.
"Significant other" means any person with whom an individual is experiencing an ongoing, close association that represents a meaningful part of that individual's established lifestyle(e.g., spouse, other family member, employer, co-worker, clergy member, roommate).
"Significant Risk" means the classification resulting from an alcohol and drug evaluation assigned to a petitioner who has:
one prior conviction or court ordered supervision for DUI, BUI or SUI, one prior statutory summary suspension, or one prior reckless driving conviction reduced from DUI; and/or
a blood alcohol concentration (BAC) of .20 or higher as a result of the most current arrest for DUI; and/or
other symptoms of substance abuse. (See 77 Ill. Adm. Code 2060.503(g).)
This definition applies to offenses that are committed in other states as well as in Illinois, and regardless of whether the offense has been recorded to the offender's Illinois criminal or driving record.
"Stressed" means conditions such as temperature extremes, vibration, and power variability.
"SUI" means snowmobiling under the influence, as defined in the Snowmobile Registration and Safety Act [625 ILCS 40/Art. V].
"Support/recovery program" means specific activities that a recovering alcoholic/chemically dependent person has incorporated into the person's life style to help support continued abstinence from alcohol and other drugs. This may include, but is not limited to, participating in a self-help program (Alcoholics Anonymous, Narcotics Anonymous, etc.) or a professional support group, or regularly and frequently engaging in religious or other activities which have a distinct and positive effect on an individual's continued abstinence. Any program and its relationship to the individual's ability to remain abstinent must be clearly identified and verified by proper documentation independent from an individual's self report (such as indicated in Section 1001.440(e) through (i)). The hearing officer shall determine the viability of the petitioner's program as a means of supporting continued abstinence, taking into account all the evidence brought forward at the hearing, as well as considering whether the program is substantially consistent with the following criteria:
The program encourages life style change that involves the replacement of substance using activity with non-substance using activity; a strong focus of the program is to provide ongoing assistance in identifying and resolving substance dependency-related issues that may jeopardize an individual's continued recovery;
The program encourages positive individual values of responsibility and honesty, as well as less self-centered thinking;
The program has demonstrated a durability and stability over time that reflects its usefulness in supporting long-term recovery.
"Tampering" means an overt, conscious attempt to disable or disconnect the interlock device.
"Treatment Needs Assessment" means an assessment of a petitioner's current need for alcohol/drug treatment, counseling, or other intervention services or rehabilitative activity, composed by a licensed treatment provider.
"24 hour lockout" means that feature of the device that causes a vehicle with the device installed to become inoperable for a period of 24 hours any time the device registers 3 BrAC readings of 0.05 or more within a 30 minute period.
"Undue hardship as it relates to court ordered activities" means an extreme difficulty in getting to and from a location where a petitioner is participating in or fulfilling the requirements of conditional discharge, probation or parole, such as, but not limited to, community service, support groups, and treatment for illnesses or disorders. This does not include getting to and from primary treatment for alcohol/drug abuse. It means more than mere inconvenience to the petitioner. All other reasonable means of transportation must be unavailable to the petitioner. The impact on the family unit is a valid consideration. An undue hardship is not shown by the mere fact that the driving privileges are suspended or revoked.
"Undue hardship as it relates to day care for children or an elderly or disabled person" means an extreme difficulty in getting a member of the petitioner's immediate family to and from a day care provider or a pre-school. It means more than mere inconvenience to the petitioner. All other reasonable means of transportation must be unavailable to the petitioner. The impact on the family unit is a valid consideration. An undue hardship is not shown by the mere fact that the driving privileges are suspended or revoked.
"Undue hardship as it relates to educational pursuits" means an extreme difficulty in getting to and from the location of the accredited education course, due to the loss of driving privileges. It also means an extreme difficulty in getting a member of the petitioner's immediate family to and from pre-school, elementary school or high school, or their equivalent. "Educational pursuits" include activities and events conducted, and services provided, by the school district, immediately before and/or after the school day begins; functions and activities required to maintain the student's status as a currently enrolled student; and functions and activities required to fulfill the requirements of a scholarship. It means more than mere inconvenience to the petitioner. All other reasonable means of transportation must be unavailable to the petitioner. The impact on the family unit is a valid consideration. An undue hardship is not shown by the mere fact that the driving privileges are suspended or revoked.
"Undue hardship as it relates to employment" means, as used in the context of IVC Sections 6-205(c) and 6-206(c)3, an extreme difficulty in regard to getting to or from a petitioner's place of employment or to operate on a route during employment; e.g., as delivery person, because of the suspension, revocation, or cancellation of the petitioner's driving privileges. It means more than mere inconvenience on the petitioner and pertains only to the petitioner. All other reasonable means of transportation must be unavailable to the petitioner. The impact on the family unit is a valid consideration. An undue hardship is not shown by the mere fact that the driving privileges are suspended or revoked.
"Undue hardship as it relates to necessary medical care" means an extreme difficulty in regard to getting to and from a location where petitioner or a member of the petitioner's immediate family receives examinations, therapy or treatment, etc., prescribed or recommended by a licensed physical or mental health care provider. It means more than mere inconvenience. There must be no other reasonable alternative means of transportation available. The impact on the family unit is a valid consideration. An undue hardship is not demonstrated by the mere fact that the petitioner's driving privileges are suspended or revoked.
"Undue hardship as it relates to support/recovery program" means an extreme difficulty in regard to getting to and from a location where a petitioner is participating in an ongoing support program. It means more than mere inconvenience. There must be no other reasonable alternative means of transportation available. The impact on the family unit is a valid consideration. An undue hardship is not demonstrated by the mere fact that the petitioner's driving privileges are suspended or revoked.
"Unsuccessful attempt to start the vehicle" means anytime the BAIID permittee or MDDP offender registers a BrAC reading of 0.025 or more on the device when attempting to start the vehicle.
"Vehicle", for purposes of the Breath Alcohol Ignition Interlock Device Program, means every apparatus in, upon or by which any person or property is or may be transported or drawn upon a highway and that is self-propelled, except for apparatuses moved solely by human power, motorized wheelchairs, motorcycles, motor driven cycles and vehicles that require a commercial driver's license to operate.
"Vendor" means a retail or wholesale supplier of a device, and may include a service center.
"W/V" means weight of alcohol in the volume of breath based upon grams of alcohol per 210 liters of breath.
**History**
- *Source: Amended at 45 Ill. Reg. 14985, effective November 12, 2021*
##### **92 Ill. Adm. Code 1001.420** General Provisions Relating to the Issuance of Restricted Driving Permits {#sec-1001.420 omnilex-key=us-il-regs-official--title-92--1001.420}
a) Burden of Proof. In every petition for driving relief, the petitioner must prove, by clear and convincing evidence, that the petitioner will not endanger the public safety and welfare.
1) Burden of Proof; Not Eligible for Reinstatement – Hardship Required. Petitioners who are not eligible for reinstatement of driving privileges or whose driving privileges are suspended at the time of their hearing must prove, by clear and convincing evidence, that there is no reasonable alternative means of transportation available, that they will not endanger the public safety and welfare, and that an undue hardship will result if they are not issued an RDP. The Secretary of State does not weigh the nature or extent of a petitioner's hardship against the risk the petitioner poses to the public safety and welfare. Rather, the petitioner must first carry the burden of proving that the petitioner will not endanger the public safety and welfare in order for the Secretary of State to consider whether the petitioner has an undue hardship.
2) Burden of Proof; Eligible for Reinstatement – Hardship Not Required. The Secretary reserves the discretion to issue an RDP to petitioners who are eligible for reinstatement at the time of their hearing, when warranted by the facts and circumstances reflected in the evidence submitted at the petitioner's hearing, and subject to the terms and conditions of Sections 1001.430 and 1001.440.
b) RDP Classifications
1) Employment. A petitioner for an employment related RDP must be currently employed, or present a verifiable commitment for employment, and the employment must be verified upon forms prescribed by the Department. If the petitioner is self-employed, evidence of self-employment can include, but is not limited to, stationery, business card, official receipt, check, State or Federal tax returns or letters from business associates.
2) Medical or Treatment. A petitioner for an RDP for medical or treatment purposes must provide verifiable documentation from the licensed physical or mental health care provider involved that the petitioner or a member of the petitioner's immediate family (who is unable to operate a motor vehicle) must receive or is receiving services on a regularly scheduled basis.
3) Court Ordered Activities and Community Service. A petitioner for an RDP for court ordered activities or community service must provide certified court documents detailing the terms of the service or activity, including but not limited to the place or places the service or activity is performed, the hours during which the service or activity is to be performed and the nature of the service or activity. This does not include getting to and from primary treatment for alcohol/drug abuse. The attendance or participation in treatment or support meetings must be verified and documented in the manner specified in this subsection (b)(3).
4) Educational. A petitioner for an educational RDP must be currently enrolled, or intend to enroll for the next available session, in an accredited educational institution for the purpose of taking an accredited educational course or courses, to attend or participate in functions and activities required to maintain the student's status as a currently enrolled student, or to fulfill the requirements of a scholarship. A petitioner who is applying for an educational RDP to enable the petitioner to drive members of the petitioner's immediate family to school or other education pursuits, as defined in this subsection (b)(4), must provide evidence that the members of the immediate family are currently enrolled, or will be enrolled for the next available session, in an accredited pre-school, elementary school or high school, or their equivalent. Prior to the issuance of any educational RDP, the petitioner must submit verification by the institution of the petitioner's, or the immediate family member's, enrollment. The verification shall be on a form provided by the Secretary of State.
5) Support/Recovery
A) A petitioner for a support/recovery program RDP must provide verifiable documentation, from members of the group or program, that the petitioner has been attending meetings on a regular basis.
B) A petitioner who wishes to begin or resume participation in a support/recovery program, but who resides alone or in a household in which there is no other licensed driver and/or resides in a remote location in or near a community in which public transportation is not available, will be considered for a support/recovery program RDP if the petitioner proves abstinence from all alcohol and drugs for a minimum of 12 months and has satisfied the other provisions of this Subpart.
6) Day Care. A petitioner who requests an RDP for day care purposes must identify the children or other person who is to receive the day care services, specify the nature of the services, and provide verifiable documentation from the day care provider that it is providing day care services to a member of the petitioner's immediate family. The verification shall be on a form provided by the Secretary of State. A person's disability must be verified by providing the Department with a copy of the person's Illinois Disabled Person Identification Card. An elderly person's age must be verified by providing the Department with a copy of the person's Illinois Identification Card, Social Security Card, birth record, or some other, credible proof of age. The petitioner must also be able to verify the reason why the elderly person is not able to drive independently.
7) Reckless Homicide, Aggravated DUI Involving a Fatality, and Lifetime Revocations. A petitioner who has an open revocation for reckless homicide or aggravated driving under the influence that involved a fatality, or whose driving privileges are revoked for life, must submit, with the petition for driving relief, either a copy of the Order of the circuit court that states the sentence received upon conviction, certified by the Clerk of the Court, or a document from the Department of Corrections that reflects: the offense for which the petitioner was imprisoned; the date of release from imprisonment; and the terms of release or parole. For the purpose of determining a petitioner's eligibility for the issuance of a restricted driving permit pursuant to IVC Sections 6‑205(c) and 6-206(c)3, the date of release from imprisonment refers to the imprisonment on the conviction for the offense and does not include release from imprisonment for a violation of parole or probation. It is the responsibility of the petitioner to provide documentation that clearly reflects the date of release from imprisonment.
8) Except as specified in subsection (b)(7), the verifications and documentation required by this Section need not be provided at the time of the hearing. It is, however, strongly encouraged and it is the petitioner's responsibility to provide detailed contact information when applicable. Furthermore, the failure of the petitioner to provide verification or documentation at the time of the hearing is not a sufficient basis, in and of itself, to deny driving relief.
c) Jurisdiction/Eligibility. An RDP may be granted only after suspension, revocation, or cancellation for the offenses listed in IVC Sections 6-205, 6-206, 6-303 or 6-201(a)5 as it relates to IVC Sections 6-103.4, 11-501.1, 11-501.6 and 11-501.8. Petitioners who are eligible to apply for an MDDP are not eligible for and will not be considered for an RDP, except as provided in Section 6-206.1(l) or this Part.
d) Undue Hardship – Burden of Proof and Types. If not yet eligible for reinstatement, a petitioner must prove by clear and convincing evidence that an undue hardship is currently being suffered as a result of the inability to legally operate a motor vehicle. Mere inconvenience to the petitioner or family and friends is not undue hardship. The petitioner should produce clear and convincing evidence as to the unavailability of reasonable alternative means of transportation, as defined in Section 1001.410, such as but not limited to: walking, mass transit, car pools, or being driven; how the petitioner is currently getting to the destination; whether driving is required in the course of employment; the distance between the petitioner's residence and the destination; and similar factors relating to employment, necessary medical care, support/recovery program meetings, court ordered activity and community service, educational pursuits, and/or day care services.
1) Appropriate limits will be established for necessary on-the-job driving. The days, hours, and mileage limits will not exceed those absolutely necessary for the accomplishment of the petitioner's primary employment and shall be limited to a maximum of 12 hours per day and 6 days per week unless the request for increased limits is substantially documented, such as through an employer's verification of the petitioner's work schedule.
2) A support/recovery program RDP may include attendance at no more than 5 meetings per week.
3) An educational RDP will be subject to appropriate limits necessary to allow the petitioner or immediate family members to get to and from the subject institution/courses, schools, and educational pursuits. The days and hours will not exceed those absolutely necessary for that purpose and shall be limited to a maximum of 12 hours per day and 6 days per week. Additional parameters to consider in setting these limits shall include whether the petitioner or immediate family members commute daily to the courses, schools and educational pursuits; are required to participate in clinical or student teaching programs in order to fulfill the requirements for a degree in their chosen field, to participate in functions and activities in order to maintain the student's status as a currently enrolled student, or to fulfill the requirements of a scholarship; or live on, or within a radius of one mile from, the campus and only need to drive to and from the institution on an infrequent basis (less than once per week) and are then able to get to the courses or the educational pursuits by other means of transportation. An educational permit will not be issued to allow a student to drive between the student's permanent residence and the educational institution on a weekend visit. The permit shall expire at the conclusion of the period for which it is granted.
4) A petition for a day care RDP will be considered to allow the petitioner to drive the child to a day care provider while the petitioner is engaged in other activities, regardless of whether the petitioner is issued an RDP to drive to and from those activities, and to enable the child to receive day care services.
A) A petition for a day care RDP will be considered for noncustodial parents. Factors to be considered include, but are not limited to, how frequently the noncustodial parent requests permission to transport the children, the distance between the petitioner's residence and that of the custodial parent, the route to be traveled, which must be consistent and in conjunction with the other activities engaged in by the petitioner, and any other relevant evidence presented by the petitioner.
B) In relation to day care for an elderly or disabled member of the petitioner's immediate family, a day care RDP will be considered to allow the petitioner to drive the person to a day care provider to receive identifiable services and to allow the petitioner to drive the person to a day care provider while the petitioner is engaged in other activities, regardless of whether the petitioner is issued an RDP to drive to and from those activities.
e) A petitioner shall be permitted to stop for gas, to use electric vehicle charging stations, or emergency vehicle repairs while driving on an RDP. Routine vehicle care, including but not limited to oil changes, tire rotation, alignment and emission testing, or service performed substantially outside the geographical parameters of the permit, does not qualify for this exception.
f) Factors Considered. Factors that will be considered by the Department in determining the propriety of granting a petitioner an RDP include, but are not limited to: the petitioner's age; whether the petitioner has driven while suspended or revoked; duration of present employment; number of years licensed to drive; number, severity, and frequency of accidents; frequency, type, and severity of traffic violations; efforts at rehabilitation or reform of past driving practices; demeanor of petitioner in the hearing; credibility of petitioner and witnesses in the hearing; credibility of and weight given to the petitioner's documentary evidence; petitioner's total driving record, including but not limited to reasons for violations, prior permits issued (unless the permits were issued pursuant to the order of a circuit or appellate court following an administrative review action), the length of time that the petitioner actually drove or has been driving on permits, and driving record while on those permits; record of performance while driving with an interlock device; driving history in another state if licensed previously; any arrest or implied consent suspension for boating or snowmobiling under the influence; petitioner's alcohol/drug-related criminal record as defined in Section 1001.410; whether the petitioner was incarcerated and successfully participated in any rehabilitative activity during incarceration; whether the petitioner complied with the terms and conditions of probation or parole; and psychiatric reports when the evidence shows that the petitioner is suffering or has suffered from a mental disorder that might affect the ability to operate a motor vehicle in a safe and responsible manner.
g) Public Safety and Welfare. Pursuant to IVC Sections 6-205(c) and 6-206(c)3, the public welfare and safety must not be endangered by the issuance of an RDP. The evidence must show that the petitioner will operate a motor vehicle safely so as not to be a danger to the petitioner or others. The mere passage of time since the date of revocation is not sufficient evidence.
h) Ticket Pending. An RDP will not be issued while any moving traffic offense is pending against a petitioner in any court of this or any other state, unless the pending citation or citations are also the only cause of the current loss of driving privileges.
i) Referral to Remedial Program. A petitioner who is otherwise eligible for an RDP may be referred to a remedial or rehabilitative program prior to the permit's issuance, if the driving record warrants these measures. (See IVC Sections 6‑205(c) and 6-206(c)3.)
j) Permits For Which Hardship Not Required
1) A probationary permit is an RDP issued to the petitioner in lieu of reinstatement when eligible for reinstatement of driving privileges as a probationary device. It cannot be issued to a petitioner who is not yet eligible for reinstatement, a BMO, or a lifetime permittee.
2) A BMO RDP is issued to a person who is required to drive on a BAIID RDP for a period of 5 years pursuant to IVC Section 6-205(h), 6-208(b)(1.3) or 11.501.01(e) (2 or more prior offenses under IVC Section 11-501, or a similar provision of a local ordinance or out-of-state offense). BMO RDPs may be issued in increments of 2 years and are renewable at informal hearings, unless a petitioner has BAIID violations that were not satisfactorily explained to the BAIID Division during the reporting period, in which case the petitioner can only renew the BMO RDP at a formal hearing. A BMO permittee shall operate only vehicles with an installed, operating BAIID certified by the Secretary, regardless of whether the vehicle is owned, rented, leased, loaned or otherwise in the possession of the BMO permittee, and shall be subject to all rules and obligations of this Section pertaining to BAIID installation, use and compliance.
A) The BMO permittee must maintain 1,826 consecutive days of BAIID installation and utilization on all registered vehicles as defined in Section 1001.443(a) prior to being eligible to apply for reinstatement. Any de-installation of the BAIID device without prior approval from the BAIID Division will cause the 1,826 consecutive day period required by Section 1001.430(e) to restart.
B) Upon the successful completion of 1,826 consecutive days on a BMO RDP, the permittee may apply for reinstatement. The Secretary of State may, in its discretion, grant reinstatement or issue an RDP that requires use of a BAIID (not a BAIID and five full years on a BMO RDP).
C) BMO RDPs will be issued, without regard to hardship, for any legitimate purpose 12 hours per day, 6 days per week within a 200- mile radius of the permittee's residence.
k) Out-of-state Resident; Eligibility. An RDP will be issued to an out-of-state resident only if that individual has a valid license to drive issued by the jurisdiction in which the individual resides or is eligible to apply for a license or restricted permit to drive; the individual has a verified employment, medical, day care, court ordered activity, or educational related need to drive in Illinois; and the individual complies with all other requirements of this Subpart.
l) New Resident of Illinois; Eligibility. An RDP will not be issued to a new resident of Illinois if driving privileges are suspended in another jurisdiction until such time as that suspension is terminated. An RDP may be issued to a new resident of Illinois if driving privileges are revoked in another jurisdiction, pursuant to IVC Section 6-103.1, under the following conditions:
1) At least one year has expired from the date of the revocation yet the revocation period has not expired; and
2) The petitioner meets all other applicable requirements of this Subpart.
m) Resident of Illinois for More than 10 Years with an Out-of-State Revocation
1) A person who has been a resident of the State of Illinois for at least 10 consecutive years and has not more than one out-of-state revocation is eligible to apply for an Illinois driver's license under the following conditions:
A) Petitioner is able to prove, by clear and convincing evidence, continuous Illinois residency for at least 10 years. Proof of residence may include, but it not limited to, the forms of identification listed in 92 Ill. Adm. Code 1030.Appendix B;
B) Petitioner shall have no more than one revocation, either open or closed, on the petitioner's driving record in any other state;
C) Petitioner is eligible for reinstatement in the state of revocation; and
D) Petitioner meets all other applicable requirements of this Subpart.
2) A petitioner under this subsection (l) shall only be eligible for a non-CDL classification of Illinois driver's license. A petitioner who is not eligible for reinstatement in the state of revocation may apply for an RDP pursuant to IVC Section 6-103.1.
n) Decision. The Director or a designee shall make the final decision, on each petition, on behalf of the Secretary. If relief was sought at a formal hearing, petitioners will receive a copy of the hearing officer's Findings of Fact, Conclusions of Law, and Recommendations, and the Secretary's Order.
o) Investigative Evaluation Required
1) A petitioner will be required to complete and submit an investigative alcohol and drug evaluation as part of the Secretary's investigative process, where the evidence, including the petitioner's driving record, indicates that:
A) the current loss of driving privileges is not related to a DUI arrest/disposition yet:
i) the petitioner's/respondent's driving record contains, or other evidence indicates the existence of, a prior DUI disposition or any other conviction or loss of driving privileges that was alcohol/drug related within the last 5 years (as of the date of the hearing) for which the petitioner/respondent did not or was not required to submit to the Secretary of State an alcohol/drug evaluation to obtain driving privileges;
ii) there is credible evidence that the petitioner had any arrest or implied consent suspension for boating or snowmobiling under the influence within the last 5 years (as of the date of the hearing);
iii) the petitioner has an alcohol/drug-related criminal conviction within the last 5 years (as of the date of the hearing), as defined in Section 1001.410; or
iv) the facts of the current loss of driving privileges indicate the use or potential use of alcoholic beverages or other drugs at a time when the offender was under the age of 21 years and within the last 5 years (as of the date of the hearing); or
B) the petitioner/respondent may be a user of alcohol or any other drug to a degree that renders that person incapable of safely driving a motor vehicle. (See IVC Section 6-103.4.)
2) The petitioner will be required to complete any recommended rehabilitative activity or provide a waiver. Furthermore, if any rehabilitative activity (i.e., a driver risk education course, intervention, or treatment for alcohol/drug abuse) is recommended, then the petitioner must submit an update evaluation, as provided in this Subpart D, until the petitioner's driving privileges are reinstated. An update evaluation is required even if the waiver is based upon the fact that the petitioner completed treatment prior to the date that the investigative evaluation was conducted.
3) The requirements of this subsection (m) also apply to an investigative evaluation that is submitted by a petitioner voluntarily.
4) The Department reserves the discretion to waive the requirements of an investigative evaluation if the current criminal offense is a misdemeanor and there is no other evidence of a current alcohol or drug problem.
p) Examination. A petitioner whose driving privileges have been revoked or cancelled or whose driver's license has expired will be required to submit to a driver's license examination prior to the issuance of an RDP.
q) Fourth Conviction. The Secretary of State may issue a Lifetime RDP to any person who has a fourth or subsequent conviction and revocation for the offenses listed in IVC Section 6-208(b)(4) if that person meets the requirements of IVC Section 6-205(c)(1.5) or 6-206(c)(3)(F). If the fourth conviction was entered in another state, the record of which is available only from the PDPS, then the date of withdrawal as shown on the PDPS will be taken as the date of revocation. The person must establish an undue hardship as defined in Section 1001.410 and the person must prove an undue hardship during the entire time that the person drives on the Lifetime RDP. Lifetime RDPs will be issued only for the tasks and activities stated in this Section. A person issued an RDP pursuant to IVC Section 6-205(c)(1.5) or 6-206(c)(3)(F) who is subsequently convicted of a violation of IVC Section 11-501, a similar provision of a local ordinance or a similar offense in another state shall have the Lifetime RDP cancelled and the person may not be issued any further driving relief, including a Lifetime RDP.
**History**
- *Source: Amended at 45 Ill. Reg. 14985, effective November 12, 2021*
##### **92 Ill. Adm. Code 1001.430** General Provisions for Reinstatement of Driving Privileges After Revocation {#sec-1001.430 omnilex-key=us-il-regs-official--title-92--1001.430}
a) Conviction is Dispositive. In all cases, a conviction in a court of law in Illinois or any other state is dispositive of the guilt of a petitioner of the offense that caused the revocation.
b) Cause Removed. If revocation was for a cause that has been removed, such as the reversal of a conviction upon which revocation was entered, the petitioner must demonstrate that fact by clear and convincing evidence.
c) Hardship Not Required; Factors Considered. A petitioner who is otherwise eligible for reinstatement of driving privileges at the time of the hearing is not required to prove an undue hardship as a condition of being, or in order to be, reinstated. The factors that will be considered by the Department in determining the propriety of reinstating a petitioner whose driving privileges have been revoked include but are not limited to: the petitioner's age; whether the petitioner has driven while suspended or revoked; duration of present employment; number of years licensed to drive; number, severity, and frequency of accidents; frequency, type, and severity of traffic violations; efforts at rehabilitation or reform of past driving practices; demeanor of petitioner in the hearing; credibility of petitioner and witnesses in the hearing; credibility of and weight given to the petitioner's documentary evidence; petitioner's total driving record, including but not limited to reasons for violations, prior permits issued (unless such permit was issued pursuant to the order of circuit or appellate court following an administrative review action), the length of time that the petitioner actually drove or has been driving on permits, and driving record while on any permit; record of performance while driving with an interlock device; driving history in another state if licensed previously; any arrest or implied consent suspension for boating or snowmobiling under the influence; petitioner's alcohol/drug-related criminal record, as defined in Section 1001.410; whether the petitioner was incarcerated and participated in any rehabilitative activity during incarceration; whether the petitioner complied with the terms and conditions of probation or parole; and psychiatric reports in which the evidence shows that petitioner is suffering or has suffered from a psychiatric disorder that might affect the ability to operate a motor vehicle in a safe and responsible manner. The fact that a petitioner was not cited or arrested for, or convicted of, any traffic offense while driving on a probationary permit does not, in and of itself, entitle the petitioner to reinstatement.
d) Investigative Evaluation
1) A petitioner will be required to complete and submit an investigative alcohol drug evaluation as part of the Secretary's investigative process, where the evidence, including the petitioner's driving record, indicates that:
A) the current loss of driving privileges is not related to a DUI arrest/disposition yet:
i) the petitioner's/respondent's driving record contains, or other evidence indicates the existence of, a prior DUI disposition or any other conviction or loss of driving privileges that was alcohol/drug related within the last 5 years (as of the date of the hearing) for which the petitioner/respondent did not or was not required to submit to the Secretary of State an alcohol/drug evaluation to obtain driving privileges;
ii) there is credible evidence that the petitioner had any arrest or implied consent suspension for boating or snowmobiling under the influence within the last 5 years (as of the date of the hearing);
iii) the petitioner has an alcohol/drug-related criminal conviction within the last 5 years (as of the date of the hearing), as defined in Section 1001.410; or
iv) the facts of the current loss of driving privileges indicate the use or potential use of alcoholic beverages or other drugs at a time when the offender was under the age of 21 years and within the last 5 years (as of the date of the hearing); or
B) the petitioner/respondent may be a user of alcohol or any other drug to a degree that renders that person incapable of safely driving a motor vehicle. (See Section IVC 6-103.4.)
2) The petitioner will be required to complete any recommended rehabilitative activity or provide a waiver. Furthermore, if any rehabilitative (i.e., a driver risk education course, intervention, or treatment for alcohol/drug abuse) activity is recommended, then the petitioner must submit an update evaluation, as provided in this Subpart D, until the petitioner's driving privileges are reinstated. An update evaluation is required even if the waiver is based upon the fact that the petitioner completed treatment prior to the date that the investigative evaluation was conducted.
3) The requirements of this subsection (d) also apply to an investigative evaluation that is submitted by a petitioner voluntarily.
4) The Department reserves the discretion to waive the requirement of the investigative evaluation if the current criminal offense is a misdemeanor and there is no other evidence of a current alcohol or drug problem.
e) Examination. A petitioner will be required to submit to a driver's license examination prior to the reinstatement of driving privileges if the test has not been successfully completed in the preceding 24 months.
f) Public Safety and Welfare. In case of either subsection (b) or (c), the public welfare and safety must not be endangered by the reinstatement of the petitioner's driving privileges. The petitioner, if restored to full driving privileges, must operate a motor vehicle safely so as not to be a danger to the petitioner or other drivers on the road. The mere passage of time since the date of revocation is not sufficient evidence.
g) Eligibility; New Residents of Illinois. A hearing for reinstatement will not be conducted at any time before the prescribed date of eligibility. The Secretary of State will not issue a driver's license to a new resident of Illinois while driving privileges are revoked in another jurisdiction, pursuant to IVC Section 6‑103.1, unless petitioner meets the requirements set forth in Section 1001.420(1), pursuant to IVC Section 6-103.1.
h) Ticket Pending. The driving privileges of a petitioner shall not be reinstated while any moving offense is pending against a petitioner in any court of this or any other state unless the pending citation or citations are also the only cause of the current loss of driving privileges.
i) 75% Rule. A petitioner who was issued a probationary permit or any RDP, who otherwise becomes eligible for full reinstatement, will not be considered for reinstatement of driving privileges, unless the petitioner has successfully completed driving on the initial permit for 75% of its length. Probationary permits will be issued for any lawful purpose 12 hours per day, 6 days per week, within a 200-mile radius for up to one year in length. However, a petitioner may appeal to the Director of the Department for a waiver of this provision when exigent circumstances warrant consideration of a waiver. An exigent circumstance is one that would prevent the petitioner from ever being able to meet this requirement, such as moving out of the State.
j) Decision. The Director or a designee shall make the final decision, on each petition, on behalf of the Secretary. If relief was sought at a formal hearing, petitioners will receive a copy of the hearing officer's Findings of Fact, Conclusions of Law, and Recommendations, and the Secretary's Order.
k) Out-of-state Petitioners – Never Resided in Illinois. Notwithstanding any other provisions of this Subpart, the following provisions for reinstatement of the Illinois driving privileges for certain out-of-state petitioners shall apply:
1) Out-of-state petitioners whose driving privileges are revoked in Illinois shall be granted reinstatement of Illinois driving privileges upon a showing that:
A) the petitioner is not currently a resident of the State of Illinois by producing a government-issued Driver's License or Identification Card from another state;
B) at the time of arrest or arrests in Illinois for the violations that led to the revocation of the Illinois driving privileges, the petitioner was not licensed to drive in Illinois, was a resident of a state or jurisdiction other than Illinois, and continues to reside in that or any other state or jurisdiction;
C) the petitioner is not currently seeking to reside in or be licensed to drive in the State of Illinois;
D) the state of residence and/or licensure of the petitioner at the time of the Illinois arrests did not take action, or took action against the driving privileges of the petitioner based upon the Illinois arrest and the action has terminated;
E) but for the revocation in Illinois, the petitioner is not prohibited from obtaining driving privileges in any state or jurisdiction other than Illinois. The Secretary reserves the discretion to check the status of the petitioner's driving privileges in other states, as reported by the PDPS; and
F) the petitioner has paid all necessary fees due the State of Illinois.
2) Out-of-state petitioners granted reinstatement under the provisions of this subsection (k), who subsequently apply for Illinois driving privileges and a driver's license within 3 years after the date of reinstatement in Illinois, shall be required to have an administrative hearing and meet all of the applicable requirements of this Subpart prior to the issuance of any Illinois driving privileges and a driver's license.
l) Driving Privileges of Out-of-State Petitioners Revoked for Life. Notwithstanding any other provisions of this Subpart, the following provisions for the termination of a lifetime revocation of Illinois driving privileges for certain out-of-state petitioners shall apply:
1) Out-of-state petitioners seeking termination of a lifetime revocation will be required to have an in-person hearing in Illinois, unless the hearing officer determines that there are material extenuating circumstances that prohibit the petitioner from attending an in-person hearing. Material extenuating circumstances do not include inconvenience or monetary considerations. In-person hearings require the petitioner to be physically present and do not include telephonic hearings but do include real-time audio and visual internet hearings.
2) Out-of-state petitioners whose driving privileges are revoked in Illinois for life shall be granted termination of the lifetime revocation upon a showing that:
A) he or she is not currently a resident of the State of Illinois;
B) the petitioner is not currently seeking to reside in or be licensed to drive in the State of Illinois;
C) more than 10 years has elapsed since the date of the most recent revocation;
D) the petitioner meets all requirements set forth in Section 1001.440; and
E) the petitioner has paid all necessary fees due to the State of Illinois.
3) Out-of-state petitioners whose Illinois lifetime revocation has been terminated under the provisions of this subsection (l) and who subsequently become an Illinois resident again shall have the lifetime revocation reinstated. The petitioner may apply for an RDP pursuant to IVC Section 6-205(c)(1.5) or 6-206(c)(3)(F).
m) Revocations for Reckless Homicide and Aggravated DUI Involving a Fatality. A petitioner who has an open revocation for reckless homicide or aggravated driving under the influence that involved a fatality must submit, with the petition for driving relief, either a copy of the Order of the circuit court that states the sentence received upon conviction, certified by the Clerk of the Court, or a document from the Department of Corrections that reflects: the offense for which the petitioner was imprisoned; the date of release from imprisonment; and the terms of release or parole. For the purpose of determining a petitioner's eligibility for reinstatement pursuant to IVC Section 6-208(b)1, the date of release from imprisonment refers to the imprisonment on the conviction for the offense and does not include release from imprisonment for a violation of parole or probation. It is the responsibility of the petitioner to provide documentation that clearly reflects the date of release from imprisonment.
**History**
- *Source: Amended at 45 Ill. Reg. 14985, effective November 12, 2021*
##### **92 Ill. Adm. Code 1001.440** Provisions for Alcohol and Drug Related Revocations, Suspensions, and Cancellations {#sec-1001.440 omnilex-key=us-il-regs-official--title-92--1001.440}
a) Documents/Evidence Required. Except as provided in subsection (a)(1), in any application for reinstatement, an RDP, or the termination of an order of cancellation at a show cause hearing, all petitioners must submit an alcohol and drug evaluation and, where required, evidence of successful completion of an alcohol and drug-related driver risk education course and/or evidence of successful completion of early intervention, treatment or proof of adequate rehabilitative progress. These requirements apply to MDDP offenders whose permits are cancelled and who apply for an RDP pursuant to IVC Section 6-206.1(l) and Section 1001.444(a) of this Part.
1) An alcohol and drug evaluation and the evidence of successful completion of early intervention or treatment submitted by a resident of Illinois must have been conducted by an individual or an agency licensed by DSUPR. An alcohol or drug-related driver risk education course completed by an Illinois resident must have been provided by an individual or agency licensed by DSUPR. (See 77 Ill. Adm. Code 2060.201.) Exceptions to these requirements will be allowed in the following cases:
A) If the petitioner is currently and has been temporarily residing outside the State of Illinois, then the updated evaluation, early intervention, treatment, and driver risk education course may be provided by an individual or agency accredited by the state in which the individual or agency operates;
B) If the petitioner currently resides in Illinois but received treatment for alcohol or drug abuse or dependence from a treatment program located outside the State of Illinois that has been appropriately accredited by the state in which it operates, then the petitioner may document the successful completion of that treatment in the manner provided by subsection (m). However, the petitioner's evaluation and driver risk education course must be provided by an individual or agency licensed by DSUPR; or
C) If the petitioner successfully completed, after the most recent arrest for DUI, a High Risk treatment program provided by an individual or agency licensed by DSUPR.
2) Choice of Programs. The choice of these programs is within the discretion of the petitioner. The evidence submitted must be printed, although the evaluator may testify at any hearing.
3) Evaluation Standards. The alcohol and drug evaluation (Uniform Report), as defined in Section 1001.410, must conform to all current standards for an evaluation set by DSUPR, where applicable, and/or to all current Secretary of State requirements set forth in this Subpart D. (See 77 Ill. Adm. Code 2060.503.) The evaluation must be signed and dated by both petitioner and evaluator. The evaluation must include a recitation of: the petitioner's alcohol/drug use history, from first use to present use; all DUI dispositions, as defined in Section 1001.410, including any out-of-state DUI disposition, regardless of whether the offense has been recorded to the offender's Illinois driving record; any arrests or implied consent suspensions for boating or snowmobiling under the influence that occurred within the last 5 years (as of the date of the hearing); a referral to early intervention or treatment, or a referral to a treatment provider for the purpose of conducting a Treatment Needs Assessment (see Section 1001.440(b)(7)); and the petitioner's alcohol/drug‑related criminal convictions, as defined in Section 1001.410. The alcohol/drug use history must be recited in either the body of the evaluation or an attachment to the evaluation. The attachment must include the evaluator's signature, the date it was composed, and the name of the agency or program that is providing the evaluation.
4) Driver Risk Education Course. The alcohol and drug-related driver risk education course must, at a minimum, conform to the standards for alcohol/drug driver risk education courses set by DSUPR. (See 77 Ill. Adm. Code 2060.505.) Any alcohol or drug related driver risk education course required by this Part must be completed after the date of the most recent arrest for DUI, BUI or SUI.
5) Evaluation Must Be Current. The alcohol and drug evaluation must be current, which is defined as having been completed within 6 months prior to the date of the hearing.
A) Update Evaluation. An update evaluation shall be conducted only by means of an in-person interview and only by the same program that conducted the original evaluation. Exceptions to the latter requirement will be allowed under the following circumstances:
i) Transfer of File. If the petitioner's evaluation or treatment file or copies of all evaluation or treatment file material are transferred to another evaluation or treatment program that prepares the update. The program that conducts the update evaluation should explain, either in a separate cover letter or in the body of the update evaluation, how, when and why the petitioner's file was transferred to it. The transfer will be considered acceptable only if the original evaluating program can no longer provide evaluation services for reasons such as a suspended or revoked license or voluntarily terminating evaluation business operations, or if an individual service provider leaves the program that conducted the original Uniform Report and the petitioner wishes to continue receiving services from that individual, or if the petitioner relocates to another part of the state. In the latter case, the petitioner carries the burden of proving relocation at least 50 miles from the original service provider's nearest location. When transferring a file, the sending program shall not allow it to be delivered by the petitioner to the receiving agency. If an update cannot be obtained by reviewing the original case file information, another original evaluation must be submitted.
ii) Treatment Provider Who Can Perform Update Evaluations. If the petitioner completes primary treatment recommended as a result of the most recent alcohol and drug evaluation, the program providing the treatment may prepare any subsequent update evaluation from its own case file information without obtaining the information from the evaluating program that made the treatment recommendation. Furthermore, a chronological alcohol/drug use history may be prepared by the program that provided the treatment, when one is requested by the petitioner, the Secretary or a hearing officer in a decision entered as a result of a formal or informal hearing, to be submitted as part of the petitioner's evidence at the next hearing. A treatment provider may not conduct the update evaluation if the only service it provided was early intervention or continuing care services, or if it waives treatment, unless the petitioner's case file has been transferred to it.
B) Update Evaluation – Content. An Illinois and out-of-state update evaluation shall report, at a minimum and when applicable, the following: a description of alcohol/drug use and/or abuse covering the time since the last evaluation or update; the facts of any arrest or citation for a traffic or criminal offense that is, in any way, alcohol/drug-related; any impairment of significant life areas, any symptoms of alcohol/drug abuse or alcohol/drug-related problems since the last evaluation or update; any current significant physical, medical, emotional/mental health problem and participation in, and/or completion of, any early intervention or treatment for that problem; whether the petitioner is taking any prescription medication that, when taken alone or in combination with alcohol or other drugs, might impair driving ability; any significant life style changes since the previous evaluation; the petitioner's current peer group and most important recreational activities; the petitioner's intent regarding future of alcohol/drug use; if the petitioner is classified as High Risk-Dependent, identification of the petitioner's support group and the evaluator's assessment of its effectiveness and sufficiency; a response to the issues raised at the petitioner's most recent hearing for driving relief and an assessment of whether additional treatment is warranted; the evaluator's previous and current alcohol/drug-use classification of the petitioner; any current recommendations and the rationale for those recommendations; and an indication of whether the petitioner has completed all prior recommendations. If the petitioner's Uniform Report did not include the alcohol/drug use history required by subsection (a)(4), then it may be provided in an update evaluation. The update evaluation must be corroborated by an interview with a family member or significant other. The information obtained must be summarized and the evaluator should indicate whether it corroborates the data provided by the petitioner. The update evaluation must be printed, on a form provided by the Department, and verified by the evaluator. (See subsection (a)(1).)
i) Any update evaluation that reclassifies a petitioner to or within a Moderate, Significant or High Risk classification shall include a referral to a treatment provider for the purpose of determining the need, if any, for additional rehabilitative activity. Any waiver of additional rehabilitative activity by the treatment provider must be in writing and include the rationale for the waiver. Any recommendation for additional rehabilitative activity must be complied with before relief will be granted.
ii) A petitioner may not submit an update evaluation if the Uniform Report being updated does not discuss the most recent DUI disposition. In such case the petitioner must submit a Uniform Report.
iii) An update evaluation may not reclassify a petitioner from a previous classification unless the evaluator believes that the previous classification was improper or in error and justifies and explains in detail why the previous classification was improper or in error and why the new classification is proper and appropriate.
C) Investigative Evaluation − Content. An Illinois and Out-of-State investigative alcohol and drug evaluation shall report, at a minimum and when applicable, the following: a complete alcohol and drug use history, from first use to present use, including a recitation of any symptoms of alcohol/drug abuse or alcohol/drug‑related problems experienced by the petitioner throughout the petitioner's alcohol/drug use history; whether there is any history of alcoholism or drug addiction in the petitioner's immediate family; whether the petitioner has a history of treatment for alcohol/drug abuse; any current significant physical, medical, emotional/mental health problem and participation in, and/or completion of, any treatment for that problem; whether the petitioner is taking any prescription medication that, when taken alone or in combination with alcohol or other drugs, might impair driving ability; a response to the issues raised at the petitioner's most recent hearing for driving relief and an assessment of whether additional treatment is warranted; a history of alcohol and drug-related driving, boating, snowmobiling, and criminal offenses (including all DUI dispositions, regardless of where the offense occurred or whether it has been recorded to the offender's Illinois driving record); a clinical impression of what the evaluation data indicates and the rationale for that conclusion; any recommendations and the rationale for such recommendations. The evaluation must be corroborated by an interview with a significant other and by the administration of an objective test. The information must be summarized and the evaluator should indicate whether it corroborates the data provided by the petitioner. The evaluation must be printed, on a form provided by the Department, and verified by the evaluator. The program that completes the evaluation must meet the same standards as programs qualified to prepare Uniform Reports. (See subsection (a)(1).)
D) Circumstances When an Update of an Investigative Evaluation is Required. If the evaluator recommends any rehabilitative activity after conducting an Investigative Evaluation, the petitioner must submit an update evaluation, as provided in this Subpart D, until the petitioner's driving privileges are reinstated. If the evaluator concludes that the petitioner does not need any rehabilitative activity (i.e., a driver risk education course, early intervention, or treatment for alcohol/drug abuse), and the Secretary accepts this conclusion, then the petitioner is not required to submit an update evaluation at future hearings (assuming that there are no intervening alcohol/drug-related arrests or incidents that might cause the Secretary to question this conclusion).
E) Circumstances When an Update Evaluation is Not Required.
i) Petitioners classified at High Risk Dependent who have driven successfully on a restricted driving permit for at least 3 years after submitting an original evaluation are not required to provide an update evaluation if:
• the petitioner files for an extension or revision of the RDP, an additional RDP, or for another hearing during the term of the current RDP; or
• the current RDP is expired for no more than 30 days at the time the petitioner files for an extension or revision of the RDP, an additional RDP, or for another hearing. All other documentation required by this Subpart D must be submitted.
ii) For purposes of this subsection (a)(6)(F), a petitioner is not deemed to have successfully driven on a restricted driving permit if the petitioner is a BAIID permittee whose monitor reports reflect the use of alcohol.
b) Burden of Proof. Before any driving relief will be granted, the petitioner must prove by clear and convincing evidence: that the petitioner does not have a current problem with alcohol or other drugs; that the petitioner is a low or minimal risk to repeat past abusive behaviors and the operation of a motor vehicle while under the influence of alcohol or other drugs; and that the petitioner has complied with all other standards as specified in this Subpart D. If the evidence establishes that the petitioner has had an alcohol/drug problem, the petitioner must also prove that the problem has been resolved. Notwithstanding the foregoing, the renewal of a permit issued to a petitioner that is classified as High Risk Dependent shall not be denied based on evidence including, but not limited to, BAIID violations, that indicate a petitioner is not abstinent.
1) Minimal Risk. Petitioners whose use of alcohol/drugs has been classified under this Section as Minimal Risk must document successful completion of a 10 hour alcohol/drug driver risk education course by submission of a document that reflects the completion of the requirements contained in 77 Ill. Adm. Code 2060.505. The driver risk education course cannot be waived, except as provided in subsection (a)(1)(C).
2) Moderate Risk. Petitioners whose use of alcohol/drugs has been classified under this Section as Moderate Risk must document successful completion of an alcohol/drug driver risk education course as specified in subsection (b)(1) and the early intervention and any additional treatment recommended by the evaluator or other qualified professional recommended on referral by the evaluator. The driver risk education course cannot be waived, except as provided in subsection (a)(1)(C). The early intervention and/or treatment must be provided by an individual or agency licensed to provide those services by DSUPR or the Illinois Department of Public Health, or an individual therapist who is licensed as a private practitioner by the Illinois Department of Financial and Professional Regulation-Division of Professional Regulation, or an out-of-state individual therapist or agency properly licensed by the state in which the therapist operates.
3) Significant Risk. Petitioners whose use of alcohol/drugs has been classified under this Section as Significant Risk must document successful completion of an alcohol/drug driver risk education course as specified in subsection (b)(1) and the treatment recommended by the evaluator or other qualified professional recommended on referral by the evaluator. The driver risk education course cannot be waived, except as provided in subsection (a)(1)(C). The treatment must be provided by an individual or agency licensed to provide those treatments by DSUPR or the Illinois Department of Public Health, or an individual therapist who is licensed as a private practitioner by the Illinois Department of Financial and Professional Regulation-Division of Professional Regulation, or an out-of-state individual therapist or agency properly licensed by the state in which the therapist operates.
4) High Risk Dependent. Petitioners classified under this Section as High Risk Dependent must document abstinence as required in subsection (e); the completion of treatment provided by a facility or facilitator licensed by DSUPR or the Illinois Department of Public Health, an individual therapist who is licensed as a private practitioner by the Illinois Department of Financial and Professional Regulation-Division of Professional Regulation, or an out-of-state individual therapist or agency properly licensed by the state in which the therapist operates; the establishment of an ongoing support/recovery program; and compliance with any additional recommendations of the evaluator or treatment provider. Notwithstanding the foregoing, the renewal of a permit issued to a petitioner that is classified as High Risk Dependent shall not be denied based on BAIID violations that indicate the petitioner is not abstinent.
5) High Risk Nondependent. Petitioners classified under this Section as High Risk Nondependent must document: non-problematic use as provided in subsection (f); treatment provided by a facility or facilitator licensed by DSUPR or the Illinois Department of Public Health, an individual therapist who is licensed as a private practitioner by the Illinois Department of Financial and Professional Regulation-Division of Professional Regulation, or an out-of-state individual therapist or agency properly licensed by the state in which the therapist operates; compliance with any additional recommendations of the evaluator or treatment provider, including abstinence; and a detailed explanation by the treatment provider as to why dependency was ruled out. The failure of a petitioner to submit the "detailed explanation" is sufficient grounds, in and of itself, to deny the petition for driving relief. The explanation should focus on the most recent offense.
6) Investigative Evaluation. Petitioners who obtain an investigative alcohol/drug evaluation must document the completion of any recommended intervention or treatment provided by a facility or facilitator licensed by DSUPR or the Illinois Department of Public Health, an individual therapist who is licensed as a private practitioner by the Illinois Department of Financial and Professional Regulation-Division of Professional Regulation, or an out-of-state individual therapist or agency properly licensed by the state in which the therapist operates. If found to be chemically dependent, then the petitioner must prove abstinence as required in subsection (e) and the establishment of an ongoing support/recovery program, and compliance with any additional recommendations of the evaluator or treatment provider. Furthermore, if rehabilitative activity (i.e., a driver risk education course, intervention, or treatment for alcohol/drug abuse) is recommended, then the petitioner must submit an update evaluation, as provided in this Subpart D, until the petitioner's driving privileges are reinstated.
7) Treatment Waiver Required – Documentation of Most Recent Treatment. In the event that a treatment provider does not require an individual classified Moderate, Significant or High Risk to complete at least the minimum amount and type of early intervention or treatment specified by DSUPR, the treatment provider must supply the Department with a detailed explanation of the rationale for that decision. The driver risk education course cannot be waived, except as provided in subsection (a)(1)(C). In the course of assessing whether to waive early intervention or treatment, the treatment provider should attempt to obtain documentation of a petitioner's most recent treatment experience and incorporate the information in this assessment if: the treatment provider contends that the petitioner's alcohol/drug use classification should be changed to a lower risk classification, or the documentation states that the petitioner's prognosis at the time of discharge was guarded. The treatment provider should be prepared to explain the reasons for not obtaining this documentation and to provide written verification that the documentation is not available. The Secretary reserves the discretion to reject a waiver of treatment if the hearing officer is able to articulate specific reasons to doubt its validity.
8) Treatment Needs Assessment Required; Documentation of Most Recent Treatment. Whenever a service provider conducts and composes a Uniform Report, it is required to refer the petitioner to a treatment provider for an assessment of whether intervention or treatment for alcohol/drug abuse is warranted, pursuant to DSUPR rules at 77 Ill. Adm. Code Section 2060.503(h). The petitioner must provide a Treatment Needs Assessment whenever another Uniform Report is composed, regardless of whether the petitioner successfully completed intervention or treatment after the previous Uniform Report, in order to inform the Secretary whether additional intervention or treatment is warranted as a result of the information obtained during the course of the subsequent Uniform Report. The Treatment Needs Assessment shall be composed on the treatment provider's letterhead stationery or incorporated into the "Treatment Verification" form composed, published and distributed by the Department. If composed on stationery, then the Treatment Needs Assessment must be signed and dated by the counselor responsible for the assessment.
A) The Treatment Needs Assessment must be provided by a licensed treatment provider regardless of whether the petitioner has committed any traffic or criminal offense that mandates the composition of a Uniform Report.
B) In the course of conducting the Treatment Needs Assessment, the treatment provider should attempt to obtain documentation of a petitioner's most recent treatment experience and incorporate the information in this assessment, along with the petitioner's conduct since that treatment experience, in the provider's findings and conclusions. The treatment provider should be prepared to explain the reasons for not obtaining this documentation and to provide written verification that the documentation is not available.
9) BAIID Violations. BAIID violations that indicate the consumptions of alcohol shall not serve as a sole basis for not renewing, cancelling or revoking a permit.
c) Rebuttable Presumption. The presence of more than one DUI disposition on a petitioner's abstract shall create a rebuttable presumption that the petitioner suffers from a current alcohol/drug problem and should, therefore, be classified at least Significant Risk.
d) Evidence Considered. Evidence which shall be considered in determining whether the petitioner has met the burden of proof and has overcome the presumption of a current alcohol/drug problem includes, but is not limited to, the following, where applicable:
1) The factors enumerated in Section 1001.430(c);
2) The similarity of circumstances between alcohol or drug-related arrests;
3) Any property damage or personal injury caused by the petitioner while driving under the influence;
4) Changes in life style and alcohol/drug use patterns following alcohol/drug-related arrest, and the reasons for the change;
5) The chronological relationship of alcohol/drug-related arrests;
6) Length of alcohol/drug abuse pattern;
7) Degree of self-acceptance of alcohol/drug problem;
8) Degree of involvement in or successful completion of prior treatment/intervention recommendations following alcohol/drug related arrests and in a support/recovery program;
9) Prior relapses from attempted abstinence, except that BAIID violations that indicate the consumption of alcohol, shall not serve as the sole basis for not renewing or cancelling a permit;
10) Identification, treatment and resolution of the cause of the high risk behavior of any petitioner classified High Risk Nondependent;
11) The problems, pressures and/or external forces alleged to have precipitated the petitioner's abuse of alcohol or other drugs on the occasion of each alcohol/drug-related arrest, and the present status of the same, particularly whether they have been satisfactorily resolved;
12) The petitioner's explanation for the multiple arrests and/or convictions for offenses involving alcohol/drugs, particularly for allowing the second and subsequent arrests/convictions to occur;
13) In out-of-state petitions, the evaluator's rationale for classifying a petitioner with multiple DUI dispositions as a Minimal or Moderate Risk. In these cases it is particularly important that the evaluator's classification be based on complete and accurate information;
14) The petitioner's criminal history, particularly drug offenses or offenses that in any way involved alcohol/drugs;
15) The petitioner's chemical test results of the petitioner's blood, breath or urine from all previous arrests or all previous alcohol/drug-related offenses (not just traffic offenses) in addition to the chemical test results of the most recent arrest;
16) The extent to which, in terms of completeness and thoroughness, a petitioner and service providers have addressed every issue raised by the hearing officers in previous hearings;
17) It is particularly important that the evaluator's classification be based on complete, accurate and consistent information, especially all of the petitioner's DUI arrests and BAC test results. The probative value of evaluations that deviate from this standard will be diminished. The degree to which their probative value will be diminished will depend upon the degree to which the evaluation deviates from this standard and the standards imposed by DSUPR;
18) The petitioner's record of performance while driving with an interlock device and record of compliance with the terms and conditions of the breath alcohol ignition interlock device program or the monitoring device driving permit program. A BAIID violation indicating consumption of alcohol may not be the sole basis for denying driving relief;
19) Written or verbal statements from members of the public, including crime victims as defined in the Code of Criminal Procedure [725 ILCS 120/3] or family members of victims of offenses committed by a petitioner, so long as the statement is relevant to the issues at the hearing;
20) The service provider's clinical rationale or justification for changing the classification of a petitioner's alcohol/drug use, or for giving a classification that is different than that given in other evaluation or treatment documents or by other service providers;
21) The treatment provider's explanation for failing to obtain, when requested, documentation of the petitioner's most recent treatment;
22) Whether the petitioner has been incarcerated and was recently released after an extended period of incarceration and whether the petitioner participated in any rehabilitative activity during incarceration.
e) Documentation of Abstinence
1) Petitioners classified as High Risk Dependent, or any other petitioner with a recommendation of abstinence by a DSUPR licensed evaluator or treatment provider, must have a minimum of 12 consecutive months of documented abstinence, except as provided in subsections (e)(3), (4) and (7), in regard to opiate substitution, medical cannabis programs, and BAIID permittees. This means that the petitioner must be abstinent from alcohol and all controlled substances, legal and illegal, unless the drug is prescribed by a physician, and regardless of whether alcohol or another drug was the petitioner's drug of choice when using. Abstinence that occurs during a period of extended incarceration is not favored, unless petitioner took proactive steps toward rehabilitation while incarcerated, as it occurs in a controlled environment. Documentation of abstinence must be received from at least 3 independent sources. The sources should not be fellow members of a support group unless those members have regular and frequent contact with the petitioner outside the group meetings. The hearing officer shall determine the weight to be accorded the documentation, taking into account the credibility of the source and the totality of the evidence adduced at the hearing. Letters or witness testimony establishing abstinence should contain, at a minimum, the following:
A) The person's relationship to petitioner (friend, family member, fellow employee, etc.).
B) How long the person has known the petitioner.
C) How often the person sees the petitioner (daily, weekly, monthly, etc.).
D) How long the person knows the petitioner has abstained.
E) Each letter must be dated and signed by its authors. All letters must be submitted in their original form and should be dated no more than 45 days prior to the hearing date. Telephone facsimiles and photocopies of original letters will be admitted into evidence pending the submission of the original within a reasonable number of days as determined by the presiding hearing officer. The petitioner's failure to maintain strict compliance with these requirements shall not be the sole basis for withdrawing from a hearing or denying relief.
2) Petitioners who are classified as Significant Risk or High Risk Non-Dependent and who are required by IVC Sections 6-205(a)(1.5) and 6-206(c)(3)(F) to prove 3 years of uninterrupted abstinence in order to obtain an RDP may prove that this abstinence occurred during any period of time after the most recent arrest for driving under the influence. Petitioners who are classified as High Risk Dependent who are required to prove 3 years of uninterrupted abstinence by IVC Sections 6-205(a)(1.5) and 6-206(c)(3)(F) in order to obtain an RDP must prove that their period of abstinence began after the most recent arrest for driving under the influence. They must also prove that they have been abstinent for the 3 years immediately prior to their hearing. Proof of abstinence must comply with the requirements of subsection (e)(1).
3) Waivers of the rule requiring 12 months of abstinence are discretionary when considering an RDP but shall not be granted unless the petitioner proves at least 6 months continuous abstinence at the time of the hearing.
4) Opiate Substitution Programs. Petitioners who are able to document that they are involved in a long-term opiate substitution program, such as methadone maintenance, are not required to prove abstinence from the substitute drug that has been prescribed to them in order to obtain driving relief. Rather, they must prove that they have been stable in the program for at least one year. The petitioner's documentation must include an Opiate Substitution form completed by the petitioner, the petitioner's primary or reviewing physician, and the petitioner's primary substance abuse provider or evaluator. The petitioner must satisfy the other requirements of this Subpart D, including abstinence from alcohol and all other drugs, in order to obtain driving relief.
5) Use of Medical Cannabis. Petitioners who are able to document that a physician has recommended the use of what is defined and authorized as "medical cannabis" in the Compassionate Use of Medical Cannabis Program Act are not required to prove abstinence from the cannabis that has been recommended in order to obtain driving relief. Rather, they must prove that they are stable. Petitioners who are classified as high-risk dependent and who have been diagnosed as dependent on cannabis must prove stability in the program for a minimum of 6 months before an RDP may be issued and a minimum of 12 months before reinstatement. The petitioner's documentation must include a Medical Cannabis form completed by the petitioner, the petitioner's primary or reviewing physician, and the petitioner's primary substance abuse provider or evaluator. The petitioner must satisfy the other requirements of this Subpart D, including abstinence from alcohol and all other drugs, in order to obtain driving relief.
6) Use of Prescribed Opiate Medication. Petitioners who are able to document that a physician has prescribed opiate medication are not required to prove abstinence from the prescribed opiates in order to obtain driving relief. Rather, they must prove that they are stable on the prescribed opiate medication. Petitioners who are classified as high-risk dependent and who have been diagnosed as dependent on the prescribed opiate must prove stability in the program for a minimum of 6 months before an RDP may be issued and a minimum of 12 months before granted reinstatement. The petitioner's documentation must include an Opiate Medication form completed by the petitioner, the petitioner's primary or reviewing physician, and the petitioner's primary substance abuse provider or evaluator. The petitioner must satisfy the other requirements of this Subpart D, including abstinence from alcohol and all other drugs, in order to obtain driving relief.
7) Consumption of "Near-Alcoholic" Beverages. The consumption of "near‑alcoholic" beverages does not violate the rule requiring abstinence. However, this conduct is a valid subject to be considered in determining the ultimate issue of whether the petitioner has met the burden of proving that the petitioner will be a safe and responsible driver. The Secretary will consider the petitioner's motivation for consuming near-alcoholic beverages, the circumstances under which they are consumed (when, where, why, with whom and how often), the strength of the petitioner's support system, the petitioner's degree of acceptance of the alcoholism/chemical dependency, and whether near-alcoholic beverages were ever used in the past (and whether this use occurred before or after the commission of a DUI). The petitioner carries the burden of proving that the use of near-alcoholic beverages is not a matter of concern.
8) When considering the renewal of an RDP for a petitioner classified as High Risk Dependent who currently utilizes a BAIID, the petitioner shall not be denied relief solely because the petitioner has failed to maintain abstinence.
f) Documentation of Non-Problematic Use
1) Petitioners classified as High Risk Nondependent must demonstrate at least 12 consecutive months of non-problematic alcohol use, or abstinence, and abstinence from the use of illegal drugs. This evidence must be submitted from at least 3 independent sources and generally comply with the standards set forth in subsection (e).
2) Waivers are discretionary when considering an RDP, but shall not be granted unless the petitioner demonstrates at least 6 months of non-problematic alcohol use, or abstinence, and abstinence from the use of illegal drugs.
g) Documentation of Support/Recovery Program
1) If the petitioner has been attending a support/recovery program, the petitioner must present at least 3 dated and signed letters or witness testimony from fellow support/recovery program members documenting at a minimum the following:
A) How long the person has known the petitioner;
B) How long the person knows that the petitioner has attended the program;
C) How often the petitioner attends the program.
2) The hearing officer shall determine the weight to be accorded the documentation, taking into account the credibility of the source and the totality of the evidence adduced at the hearing. Each letter must be dated and signed by its authors. All letters must be submitted in their original form and should be dated no more than 45 days prior to the hearing date. Telephone facsimiles and photocopies of original letters will be admitted into evidence pending the submission of the original within a reasonable number of days as determined by the presiding hearing officer. The petitioner's failure to maintain strict compliance with these requirements shall not be the sole basis for withdrawing from a hearing or denying relief.
h) Internet Support/Recovery Programs. A petitioner's participation in internet Alcoholics Anonymous, Narcotics Anonymous or other support/recovery program "chat rooms" or any other support/recovery program services available over the internet may be an acceptable substitute for the regular attendance of meetings in person. The factors to be considered by the hearing officer and the Secretary in evaluating the effectiveness and probative value of this form of support include, but are not limited to, the following: the petitioner's reasons for not attending meetings in person; the petitioner's alcohol/drug use history and history of relapse; the length of the petitioner's abstinence at the time of the hearing; the proximity of A.A. and N.A. meetings to the petitioner's residence and workplace; the petitioner's physical/medical condition, as it affects the ability to travel; the availability of public and private transportation to meetings; whether the petitioner has attended meetings in person in the past, and the length of that attendance; whether the petitioner's evaluator and treatment provider are aware and approve of the petitioner's participation in this form of support; the extent of the petitioner's knowledge of, commitment to, and involvement in the program; the extent of the petitioner's knowledge of the disease process of alcoholism/chemical dependence; the extent of the petitioner's acceptance of the alcoholism/chemical dependence. The participation in internet support/recovery program chat rooms is not favored by the Secretary of State. Therefore, substantial documentation and testimony regarding this method of support is required in order for the petitioner to carry the burden of proof on this issue, including identification of the specific websites that the petitioner uses and verification of the petitioner's participation by chat room members.
i) Non-Traditional Support/Recovery Programs
1) If the petitioner's support/recovery program does not involve a structured, organized, recognized program such as A.A. or N.A., the petitioner is required to identify what that program is and explain how it works and keeps petitioner abstinent. The petitioner is required to present either witness testimony or written verification of the program from at least three independent sources involved in the program. If the verification is in the form of letters, those letters should be signed and dated. All such evidence must contain, at a minimum, the following:
A) The person's relationship to the petitioner (friend, family member, fellow employee, etc.);
B) How long the person has known the petitioner;
C) How often the person sees the petitioner (daily, weekly, monthly, etc.);
D) How the person is involved in the petitioner's recovery program and what role the person plays in helping the petitioner abstain from alcohol/drugs;
E) What changes the person has seen in the petitioner since petitioner's abstinence.
2) The hearing officer shall determine the weight to be accorded the documentation, taking into account the credibility of the source and the totality of the evidence adduced at the hearing. Each letter must be dated and signed by its authors. All letters must be submitted in their original form and should be dated no more than 45 days prior to the hearing date. Telephone facsimiles and photocopies of original letters will be admitted into evidence pending the submission of the original within a reasonable number of days as determined by the presiding hearing officer.
j) Support/Recovery Program Sponsor. If the petitioner has a support/recovery program sponsor, a letter should be obtained (or the testimony submitted) from the sponsor documenting the data in subsection (g)(1). The purpose of a letter or the testimony of an A.A. sponsor is to provide the Secretary with substantial detail regarding the petitioner's progress and development in the A.A. program. However, this letter or testimony can also be used to satisfy the requirements of subsection (g). The submission of a letter from a petitioner's sponsor is not mandatory, but is strongly recommended. A petitioner's failure to submit a letter from the sponsor is not, by itself, a sufficient basis upon which to deny driving relief.
k) RDP for Support/Recovery Program − Information Required. In cases in which a petitioner seeks an RDP to allow driving to support/recovery program meetings, the petitioner must provide specific information identifying, at a minimum, the following:
1) The locations of the meetings the petitioner wishes to attend;
2) The days of the week when meetings are held at these locations;
3) The hours of the day when these meetings are held.
l) Early Intervention − Information Required. If the petitioner has undergone early intervention (Moderate Risk classification), the petitioner must provide a narrative summary that includes, at a minimum, the following:
1) The name, address and telephone number of the licensed service provider;
2) The dates the petitioner began and completed early intervention, as well as the number of days or hours the petitioner was involved in the intervention process;
3) A summary discussion of the intervention provided and its outcome, specifically, those issues that were addressed or explored and the provider's perception of what the petitioner gained from the experience and the petitioner's ability to avoid future development of alcohol problems;
4) The rationale for any modification in the early intervention requirements specified by DSUPR;
5) The dated signature of the professional staff person providing the early intervention information; and
6) The narrative summary shall be composed on the treatment provider's letterhead stationery.
m) Treatment − Information Required. If the petitioner has had alcohol or drug related treatment, the petitioner must provide the information listed in this subsection (m). A petitioner is required only to submit proof of the most recent primary treatment experience.
1) A narrative summary that includes, at a minimum:
A) The name, address and telephone number of treatment center;
B) The date the petitioner entered primary treatment and the date the petitioner was discharged from treatment; the number of days or hours the petitioner was involved in treatment; the admitting and discharge diagnosis;
C) The type of treatment received (e.g., outpatient, intensive outpatient or inpatient treatment; individual or group therapy);
D) A clinical impression or prognosis of either a Moderate or Significant Risk petitioner's ability to maintain a non-problematic pattern, or a High Risk petitioner's ability to maintain a stable recovery where applicable. Specifically, the treatment provider's perception of what the petitioner gained from the treatment experience and whether the experience was sufficient to substantially minimize the possibility of a recurrence of alcohol/drug related problems;
E) Any recommendations for continuing care or follow-up support, and an indication of the petitioner's participation, if applicable;
F) The rationale for any modification in the treatment requirements specified by DSUPR;
G) The dated signature of the professional staff person providing the treatment information.
2) Copies of the following documents required by DSUPR:
A) Individualized Treatment Plan. (See 77 Ill. Adm. Code 2060.421.)
B) Discharge Summary and Continuing Care Plan. (See 77 Ill. Adm. Code 2060.427.)
3) A current status report regarding the petitioner's involvement in continuing care. The Continuing Care Status Report must discuss the petitioner's level of progress in completing follow-up activities outlined in the Continuing Care Plan. It may be composed by either the evaluator or the treatment provider, and shall be composed on the letterhead stationery of the agency or individual who authored the report. If continuing care has been completed, a final summary report must be provided that discusses the petitioner's progress throughout the course of completing all follow-up activities detailed in the Continuing Care Plan. If continuing care has been determined to be unnecessary, a report must be provided that discusses the clinical rationale for that decision. This waiver may be composed only by the treatment provider.
4) The Department reserves the discretion to require a petitioner to submit a Treatment Needs Assessment or a waiver of treatment as a consequence of a petitioner being unable to provide documentation of treatment. If the petitioner and the evaluator or treatment provider are unable to provide the required information or treatment documents, they must provide documentary evidence of their attempts to obtain the information and the reason for its unavailability.
5) The information required in subsection (m)(1) should be provided in the "Treatment Verification" form composed, published and distributed to treatment providers as a courtesy by the Department. However, a petitioner's failure to submit a Treatment Verification form is not a sufficient basis, in and of itself, to deny driving relief, so long as the information required in subsection (m)(1) is submitted in some other format or in the other documents required to be submitted.
n) Evaluation Written for Court. If a petitioner presents an alcohol/drug evaluation that was obtained for the purpose of being sentenced on a DUI charge or some other traffic or criminal offense, that evaluation must meet the requirements of this Section in order to be accepted by the Secretary of State.
**History**
- *Source: Amended at 45 Ill. Reg. 14985, effective November 12, 2021*
##### **92 Ill. Adm. Code 1001.441** Procedures for Breath Alcohol Ignition Interlock Device Conditioned Rdps {#sec-1001.441 omnilex-key=us-il-regs-official--title-92--1001.441}
a) BAIID Required for RDP; Fee Required
1) The issuance of RDPs to a BAIID petitioner shall be conditioned upon the use of a Breath Alcohol Ignition Interlock Device (BAIID), as required by IVC Sections 6-205, 6-206 and/or 11-501.01. As provided in these Sections, a BAIID petitioner must pay a non-refundable fee of $30 per month on an annual basis, for a total annual payment of $360. This total annual payment must be paid in advance and prior to the issuance of any permit. Payment must be submitted in the form of a money order, check, or a credit card charge (with a pre-approved card), made payable to the Secretary of State.
2) A BAIID petitioner who is renewing an RDP and who also is eligible for the reinstatement of driving privileges less than 12 months from the date of the expiration of the current RDP at the time the petitioner renews the permit shall not be required to make an annual payment. If the petitioner has been scheduled for a formal hearing on a petition for reinstatement at the time of renewal, then petitioner shall pay the above-referenced fee in an amount equal to the number of months between the date of renewal and date of the hearing, plus an additional 3 months (not to exceed 12 months), times $30. If the petitioner does not have a formal hearing on a petition for reinstatement scheduled at the time of renewal, then the fee shall be paid for 9 months. If, however, the petitioner is denied reinstatement, then the petitioner must resume payment on an annual basis.
b) Notification of BAIID Requirements. The Secretary shall notify any BAIID petitioner who requests a hearing of the procedures for obtaining a BAIID and the BAIID requirements. Notification may be accomplished in one of the following ways, though not limited thereto: informal hearing officer; phone contact; written notification, or by electronic mail.
c) Type of Hearing Required. All hearings involving a BAIID petitioner seeking driving relief shall be formal hearings, except renewal of a RDP when the petitioner had no BAIID violations or if a monitor report indicated a BAIID violation had occurred, but the petitioner submitted an explanation to the BAIID Division that reasonably assured the Division that no violation had occurred may be done at an informal hearing. Any hearing involving a BAIID petitioner shall be conducted as any other hearing under this Part and all other applicable standards shall apply.
d) Petitioner Must Meet Requirements of Subpart D. The Secretary shall issue an RDP to a BAIID petitioner if, through the hearing process, the petitioner is determined to meet all of the requirements of this Subpart D and installs and utilizes a BAIID in all motor vehicles operated, by the BAIID petitioner and, where applicable, all motor vehicles owned by the BAIID petitioner as required by the RDP issued under this Subpart D. A BAIID permittee who does not meet the requirements of Subpart D at the time of renewal as a result of BAIID violations incurred during the monitoring period may only be renewed for a maximum of 12 months. The petitioner must come into compliance with all provisions of Subpart D during that 12-month renewal period. Failure to come into compliance with Subpart D will result in denial of renewal and for BMO permittees, restart the 1,826-day requirement in Sec. 1001.443. BAIIDs shall not be installed on, nor shall BAIID permittees operate motorcycles, motor driven cycles or commercial motor vehicles requiring a commercial driver's license.
e) Hearing Officer's Responsibilities; Petitioner's Responsibilities. Prior to the taking of evidence at the hearing:
1) The hearing officer shall ensure that the BAIID petitioner understands: all of the provisions and requirements of receiving a BAIID permit; that to obtain an RDP the BAIID petitioner must minimally meet all of the requirements of Section 1001.440 and install and utilize the BAIID; that a BAIID petitioner's agreement to install a BAIID or willingness to comply with the BAIID requirements does not guarantee issuance of an RDP; and that all costs associated with the BAIID are the responsibility of the BAIID petitioner; and
2) The BAIID petitioner shall advise the hearing officer that the petitioner understands all of the provisions and conditions of the BAIID requirements and whether the petitioner agrees to comply with the BAIID requirements. If the BAIID petitioner is unwilling to use the BAIID, or comply with this Section, the petitioner shall be advised that an RDP cannot be granted.
f) Decision. After the hearing, the hearing officer shall consider the evidence and the relief requested and make a recommendation as in any other hearing under this Part.
1) If the hearing officer does not determine that the relief requested should be granted, an order denying relief shall be prepared.
2) If the hearing officer determines that an RDP should be granted, an order granting an RDP shall be prepared with the additional requirement that the RDP is conditioned upon the installation and continued use of a BAIID . All RDPs issued under this Section shall require continued use of the BAIID until the driving privileges of the petitioner are reinstated.
g) Installation of BAIID. Upon the issuance of an RDP under this Section, the Secretary shall make available a list of certified BAIID providers to the BAIID permittee. In addition to the other requirements under this Part, the BAIID permittee may operate the vehicle for 14 days from the issuance of the RDP without a BAIID installed, solely for the purpose of taking the vehicle to a BAIID provider or installer for installation of a BAIID. The permittee must be the individual who takes the vehicle to the installer to have the BAIID installed, and must have a reference image taken by the installer at the time of installation. Within 7 days from the date of the installation of the BAIID, the installer or BAIID provider must notify the Secretary that a BAIID has been installed in the vehicles designated by the BAIID permittee. Proof of installation shall be by such means as determined by the Secretary from the installer or BAIID provider. Failure to comply with these requirements will result in the denial of driving relief and the cancellation of any RDP issued.
h) Petitioner's Responsibilities – Driving with a BAIID. Any BAIID petitioner receiving an RDP under this Section must comply with the following requirements:
1) Operate only vehicles with an installed, operating BAIID certified by the Secretary whether the vehicle is owned, rented, leased, loaned, or otherwise in the possession of the BAIID permittee as required by the RDP issued under this Section.
2) Except when a BAIID has been installed that may be read remotely, take the vehicle with the BAIID installed to the BAIID provider or installer or send the appropriate portion of the BAIID to the BAIID provider or installer within the first 30 days for an initial monitor report to help the BAIID permittee learn how to correctly use the BAIID, and thereafter not longer than every 60 days for the purposes of calibration and having a monitor report of the BAIID's activity prepared and sent to the Secretary by the BAIID provider or installer.
3) If a BAIID has been installed that permits the BAIID permittee to mail in a portion of the BAIID to be read and calibrated, or that allows the BAIID to be read remotely, that BAIID permittee shall be required to bring the vehicle into a BAIID installation site at least once every 6 months so that the BAIID and all wiring and connections related to the BAIID may be inspected for signs of tampering or circumvention.
4) Within 5 working days after any service or inspection notification, take the vehicle with the BAIID installed to the BAIID provider or installer or send the appropriate portion of the BAIID to the BAIID provider or installer, as instructed, for a monitor report.
5) Maintain a journal of events recording unsuccessful attempts to start the vehicle, failures to successfully complete a running retest, any problems with the BAIID and the name of the driver operating the vehicle at the time of the event. If BAIIDs have been installed on multiple vehicles pursuant to Section 1001.443, a separate journal must be kept for each vehicle, recording unsuccessful attempts to start the vehicle, failures to successfully complete a running retest, any problems with the BAIID, and the name of the driver operating the vehicle at the time of the event.
6) Ensure that the BAIID camera is aimed, and the person using the BAIID is situated, so that the camera captures a clear and accurate image of the individual blowing into the BAIID, including a sufficiently wide angle that it will be possible to determine whether the individual blowing into the BAIID is seated in the driver's seat and whether a circumvention device has been inserted into the mouthpiece of the BAIID.
7) Shall not have a BAIID removed or uninstalled from the BAIID permittee's vehicle prior to notifying the Secretary and surrendering the RDP to the Secretary or the Secretary's designee.
i) Review of Monitor Reports; Sanctions for Failure to Comply. Upon receipt or nonreceipt of monitor reports, the Secretary shall review them and take the action specified in this subsection (i). Failure of the BAIID permittee to comply with the requirements of this Subpart D shall be made part of the BAIID permittee's record of performance to be considered at future formal hearings.
1) For any BAIID permittee whose monitor reports show 10 or more unsuccessful attempts to start the vehicle, or a failure to successfully complete a running retest, during the initial monitor period, the Secretary shall send a warning letter to the BAIID permittee indicating that future unsuccessful attempts to start the vehicle or failure to successfully complete a running retest will result in the Secretary sending a letter to the BAIID permittee asking for an explanation of the unsuccessful attempts to start the vehicle or the failure to successfully complete a running retest;
2) For any BAIID permittee whose monitor reports show 10 or more unsuccessful attempts to start the vehicle after the initial monitor report period, the Secretary shall send the BAIID permittee a letter asking for an explanation of the unsuccessful attempts to start the vehicle. If a response is received within 21 days after the date of the Secretary's letter and it reasonably assures the Secretary that no violation occurred, no further action will be taken. If a response is not received within 21 days or does not reasonably assure the Secretary, the failure to comply will be made part of the BAIID permittee's record of performance;
3) For any BAIID permittee whose monitor reports show a failure to successfully complete a running retest, after the initial monitor report period, the Secretary shall send the BAIID permittee a letter asking for an explanation of the failure to successfully complete a running retest. If a response is received within 21 days after the date of the Secretary's letter and it reasonably assures the Secretary that no violation occurred, no further action will be taken. If a response is not received within 21 days or does not reasonably assure the Secretary, the failure to comply will be made part of the BAIID permittee's record of performance;
4) For any BAIID permittee whose monitor reports show a BrAC reading of 0.05 or more or a pattern of BrAC readings consistent with the use of alcoholic beverages, regardless of any other provision contained in this Section, there shall arise a rebuttable presumption that the BAIID permittee consumed alcoholic beverages. In every case, the Secretary shall send a letter asking for an explanation of the BrAC reading or the pattern of BrAC readings consistent with the use of alcoholic beverages. If a response is received within 21 days after the date of the Secretary's letter and it reasonably assures the Secretary that the BAIID permittee did not consume alcoholic beverages, no further action will be taken. If a response from a BAIID permittee is not received within 21 days or does not reasonably assure the Secretary, the failure to comply will be made part of the BAIID permittee's record of performance to be considered by the hearing officer at the next hearing;
5) For any BAIID permittee who fails a running retest, or fails to take a running retest, the Secretary shall send the BAIID permittee a letter asking for an explanation of the incident. If a response is received within 21 days after the date of the Secretary's letter and it reasonably assures the Secretary that no violation occurred, no further action will be taken. If a response is not received within 21 days or does not reasonably assure the Secretary, the failure to comply will be made part of the BAIID permittee's record of performance;
6) For any BAIID permittee whose initial monitor report or subsequent monitor reports show any tampering with or unauthorized circumvention of the BAIID, or if physical inspection by an installer shows any tampering with or unauthorized circumvention of the BAIID, the Secretary shall send the BAIID permittee a letter asking for an explanation of the tampering or unauthorized circumvention. If a response is received within 21 days after the date of the Secretary's letter and it reasonably assures the Secretary that no violation occurred, no further action will be taken. If a response is not received within 21 days or does not reasonably assure the Secretary, then the Secretary shall immediately cancel the RDP and authorize the immediate removal/uninstallation of the BAIID.
7) For any BAIID permittee required to submit a letter of explanation, if a review of the images taken at the time of the violation indicates the BAIID camera was prevented from taking clear and accurate images of the individual blowing into the mouthpiece, the explanation shall automatically be rejected and the appropriate sanction, as set forth in this subsection (i), shall be imposed.
8) If review of the images captured by the BAIID indicates the camera is obstructed or the BAIID permittee, other person attempting to start the vehicle, or the camera is positioned in such a manner as to prevent a clear image of the face of the person blowing into the BAIID, the Secretary shall send notification to the BAIID permittee to properly adjust the camera and/or to position himself or herself in a manner that will allow for a clear image of the operator of the BAIID, and informing the permittee that the camera must not be obstructed. If, after notification is sent, a review of images captured by the BAIID discloses that the camera is still obstructed or is not taking clear images of the operator, the RDP may be cancelled.
9) Failure to Submit a BAIID for Monitoring in a Timely Manner. Unless notified by a BAIID provider pursuant to subsection (j)(2), all monitor reports shall be submitted to the Secretary within 67 days after the previous monitor report. If the Secretary fails to receive a BAIID permittee's monitor reports in the 67 days, the Secretary will conduct an informal inquiry (will attempt to contact the BAIID provider and permittee by telephone or e-mail) for the purpose of determining the cause for this failure. If it is determined or if it appears that the BAIID permittee failed to take in a vehicle with the BAIID for timely monitor reports or failed to send the appropriate portion of the BAIID, utilizing a traceable package delivery service, to the BAIID provider or installer for timely monitor reports, the Secretary will send a letter to the BAIID permittee stating that, if the BAIID is not taken in for a monitor report within 10 days after the date of the letter, any permits issued to the BAIID permittee will be cancelled.
j) Immediate Cancellation of BAIID RDP. Any one of the following shall be grounds for immediate cancellation of an RDP issued under this Section:
1) Any law enforcement report showing operation of a vehicle by a BAIID permittee without a BAIID as required by the RDP issued under this Section. The law enforcement officer shall, at the time of the stop, confiscate the RDP and send it, or a copy of it, along with the report, to the Secretary;
2) Notification from a BAIID provider or installer on a removal/uninstallation report form stating that the BAIID installed in a BAIID permittee's vehicle has been removed and/or is no longer being utilized by the permittee, as required by subsection (d), including a removal or uninstallation caused by the BAIID permittee's failure to pay lease or rental fees owed to the BAIID provider, unless the permittee has notified the Secretary that the permittee is no longer utilizing the BAIID and surrendered the BAIID permit to the Secretary as required in subsection (h). This notification shall be sent to the Secretary no more than 7 days after the removal/uninstallation;
3) Any law enforcement report involving a DUI;
k) Hearing to Contest Cancellation of BAIID RDP. Any BAIID permittee whose RDP is cancelled as provided in this Section may request a hearing to contest the cancellation within 60 days from the effective date of the cancellation. The hearing will be scheduled and held on an expedited basis. The hearing will be conducted as any other formal hearing under this Part. Any BAIID permittee whose RDP is cancelled under the provisions of this Section and who is required to abstain from alcohol/drugs (whose alcohol/drug use was classified at High Risk-Dependent) and who admits to consuming alcoholic beverages may not request a hearing to contest the cancellation.
1) The purpose of a hearing to contest a BAIID cancellation is to determine whether the BAIID Division acted in accordance with its rules, procedures and guidelines in entering the cancellation of driving privileges, based upon the evidence available to it at the time of its initial decision. If it is determined at the hearing that the BAIID Division did not act in accordance with its rules, procedures and guidelines, the Department of Administrative Hearings will enter an Order rescinding the cancellation. If it is determined at the hearing that the BAIID Division acted in accordance with its rules, procedures and guidelines, the Department of Administrative Hearings will enter an Order either affirming the cancellation or an Order affirming, but terminating, the cancellation. A termination will be entered when the petitioner provides additional credible evidence at the hearing regarding the petitioner's alleged violation of the rules of the BAIID program, or that the BAIID Division was misinformed or did not have all the essential facts at the time of its initial decision. The findings of fact must articulate the additional facts and circumstances cited in the Order of Termination that support the rationale for concluding that the public safety and welfare is better served by a termination.
2) Any BAIID permittee whose RDP is cancelled for any reason provided for in this Section, and whose cancellation was terminated after a formal hearing to contest the cancellation, is immediately eligible to petition for another formal hearing if the petitioner's RDP has expired by the time that the final order from the formal hearing has been entered. If the RDP has not expired, then a new RDP will be issued with the same expiration date as the cancelled RDP.
3) Any BAIID permittee whose RDP is cancelled for any reason provided for in this Section, and whose cancellation was rescinded after a formal hearing to contest the cancellation, will be issued a new RDP with the same expiration date as the cancelled RDP. If the RDP has expired, the petitioner is immediately eligible to petition for another formal hearing.
l) No Hearing for 90 Days After Cancellation. Any BAIID permittee whose RDP is cancelled for any reason as provided for in this Section shall not be granted another hearing for any type of driving relief for 90 days from the date of the cancellation, except to contest the cancellation as provided in subsection (k). In the event a hearing is held pursuant to subsection (k) and the cancellation is affirmed, the BAIID permittee shall not be granted another hearing for driving relief for 30 days from the date of the order affirming the cancellation.
m) Formal Order – Content. Any formal order entered that grants the issuance of an RDP as provided for in this Section shall, in addition to all other requirements, clearly indicate the following:
1) That the RDP is issued conditioned upon BAIID installation and proper usage of the BAIID by the permittee; and
2) That the BAIID permittee is aware of all conditions and terms of BAIID installation and proper usage of the BAIID, and the permittee accepts those conditions and terms as conditions precedent to the issuance of the RDP.
n) RDPs – Content. Any RDPs issued as provided for in this Section shall, in addition to all other requirements, clearly indicate:
1) That the RDP is issued pursuant to the BAIID requirements of this Section, and that a vehicle operated by a BAIID permittee must be equipped with an installed, properly operating BAIID;
2) That the provisions of the RDP also allow the BAIID permittee to drive to and from the BAIID provider or installer for the purposes of installing the BAIID within 14 days after the issuance of the RDP, or obtaining monitor reports, and any necessary servicing.
o) Use of Monitor Reports. The Secretary shall gather all available monitor reports and images and any other information relative to the permittee's performance and compliance with the BAIID requirements under this Subpart D. The reports, images and information may be used as evidence at any administrative hearing conducted by the Secretary under this Part.
p) Modification or Waiver of BAIID
1) The Secretary may make a medical or physical BAIID modification or waiver for RDPs issued under this Section. When a BAIID permittee provides a report from a physician stating the permittee is physically unable to produce an adequate breath sample to operate the BAIID, the Secretary may allow the permittee to install a BAIID that operates with a lower breath sample requirement. The Secretary may, at the Secretary's discretion, obtain a review of the physician's report by the Secretary's Medical Advisory Board.
2) When a BAIID permittee is the owner of only one vehicle, this modification may also be granted if an immediate family member who resides with the BAIID permittee must drive the vehicle and the immediate family member is unable to provide an adequate breath sample to operate the BAIID.
q) Employment Exemption from BAIID Requirements. In determining whether a BAIID permittee is exempt from the BAIID requirements pursuant to the waiver provided for in IVC Sections 6-205 and 6-206, the following shall apply:
1) The term "employer" shall not include an entity owned or controlled in whole or in part by the permittee or any member of the permittee's immediate family, unless the entity is a corporation and the permittee and the permittee's immediate family own a total of less than 5% of the outstanding shares of stock in the corporation. Immediate family shall include spouse, children, children's spouses, parents, spouse's parents, siblings, siblings' spouses and spouse's siblings;
2) The exemption shall not apply where the employer's vehicle is assigned exclusively to the BAIID permittee or the BAIID permittee uses the vehicle for commuting to and from employment or for other personal use.
3) Appropriate limits will be established for necessary on-the-job driving. The days, hours and mileage limits will not exceed those necessary for the accomplishment of the BAIID permittee's primary employment and shall be limited to a maximum of 12 hours per day and 6 days per week unless the request for increased limits is substantially documented, such as through an employer's verification of the BAIID permittee's work schedule.
4) An exemption also may be granted to a BAIID permittee who can prove that the permittee duties include test-driving vehicles not owned by the permittee. The exemption will be limited to this purpose and to no more than a 5-mile radius from the permittee's place of employment.
5) The Secretary will also inform a BAIID permittee whose employment exemption is terminated that the permittee remains eligible to have an interlock BAIID installed in the permittee's personal vehicle and the employer's vehicle without a hearing. Failure to have the BAIID installed by the date designated by the Secretary will result in the termination of the BAIID permittee's RDP.
r) Decertification of BAIID Providers and BAIID. The Secretary must notify the BAIID permittee of the decertification of a BAIID provider or the decertification of a particular type of BAIID. The BAIID permittee must then select a new BAIID provider or type of BAIID from the list of approved BAIID providers maintained by the Secretary. The BAIID permittee must inform the Secretary of that selection within 7 days after the receipt of notification from the Secretary. The BAIID permittee must complete registration with a new BAIID provider and/or installation of a new BAIID within 21 days after the receipt of the notification from the Secretary. Failure to complete these steps within the 21-day period may result in cancellation of the BAIID permittee's RDP. All costs related to any change in BAIID provider or BAIID shall be paid by the BAIID permittee.
s) Reciprocity with Other States. The Secretary will honor the BAIID requirements imposed by other states on Illinois drivers and drivers licensed in other states, for offenses committed in other states, and will reciprocate other states' recognition of BAIID requirements imposed by Illinois on drivers licensed in Illinois, or licensed in other states for offenses committed in Illinois.
t) Monitor Reports Received after Reinstatement. If the Secretary receives a monitor report after the BAIID permittee's driving privileges have been reinstated showing a violation that would have led to reinstatement being denied, the Secretary shall cancel the driving privileges and notify the permittee of the cancellation. The permittee shall be further notified that the permittee may apply to have the permit reissued, conditioned upon reinstalling the BAIID and payment of all applicable fees, unless otherwise prohibited by this Section. The Secretary shall also notify the permittee of the right to request a hearing to contest the cancellation.
**History**
- *Source: Amended at 45 Ill. Reg. 14985, effective November 12, 2021*
##### **92 Ill. Adm. Code 1001.442** Baiid Provider Certification Procedures and Responsibilities; Certification of Baiids; Inspections; Baiid Installer's Responsibilities; Decertification of a Baiid Provider {#sec-1001.442 omnilex-key=us-il-regs-official--title-92--1001.442}
a) Certification Required to Provide BAIID Services. No person or entity may provide BAIID services pursuant to this Subpart D unless certified as a BAIID provider by the Secretary. All certified BAIID providers must apply for recertification on an annual, calendar year basis, with applications for recertification due in the Secretary's office no later than September 1 of each year.
b) Who May Provide BAIID Services. BAIID providers may be a manufacturer of BAIIDs, an authorized representative of a manufacturer of BAIIDs, an installer of BAIIDs or other business entity. Without regard to the specific business operations of the BAIID provider, all certified BAIID providers under this Section shall be responsible for insuring that all of the duties and responsibilities of a BAIID provider are carried out in accordance with this Subpart D, including, but not limited to, providing, distributing, installing and servicing approved BAIIDs. BAIID providers may provide these services through their own resources, through a subsidiary, or through contractual relationships with third parties.
c) Information Required in Application for Certification. Persons or entities desiring to be certified as BAIID providers may submit an application for certification at any time. An application for certification or recertification as a BAIID provider shall include all of the following information:
1) The name, business address and telephone number of the applicant. If the applicant is a business entity other than a corporation, the application must include the names and addresses of the owners of the entity. If the applicant is a corporation, the application must include the names and addresses of any person or entity owning 10% or more of the outstanding shares of the corporation;
2) The names, business addresses and telephone numbers, and titles of any officers, managers or supervisors of the applicant who will be involved in the provision of BAIID services;
3) A description of each BAIID the applicant proposes to install, including the name and address of the manufacturer and the model of the unit, with a copy of all manuals and information guides made available to program participants. Unless the BAIID has been previously certified by the Secretary pursuant to this Section, the application must include the information necessary to obtain certification of the BAIID pursuant to this Section;
4) If the applicant is not a BAIID manufacturer, the application must include proof of the applicant's right to distribute and install the particular types of BAIIDs the applicant is proposing to utilize. The proof may include a letter (composed on letterhead stationery), or a copy of a purchase, lease, rental or distribution agreement with the manufacturer;
5) A detailed description of the applicant's plan for distribution, installation and service of BAIIDs in Illinois, including the names and addresses of all installers the applicant intends to use. This plan must demonstrate the applicant's ability to distribute and install BAIIDs and the ability to submit reports to the Secretary electronically within the time frames established by this Subpart D;
6) A list of all other jurisdictions/states in which the applicant currently operates or has operated, and contact information for each jurisdiction/state;
7) Copies of policy and procedure manuals and training manuals used regarding installer training, calibration training, calibration equipment, installation equipment, and contracts/agreements with installers;
8) A signed statement that the applicant agrees to provide services to program participants who have been declared indigent by the Secretary for the purposes of the BAIID program;
9) Proof of liability insurance. General commercial liability and/or product liability insurance, which shall include coverage for installation services, shall be maintained with minimum liability limits of $1 million per occurrence and $3 million aggregate total. If the applicant is not both the manufacturer and installer of the BAIID, proof of liability insurance must be provided showing coverage of both the manufacturer and the installer. If proof of separate policies for the manufacturer and installer is provided, each policy must have minimum liability limits of $1 million per occurrence and $3 million aggregate total. Other commercially acceptable insurance arrangements, in the same minimum amounts, may be accepted at the discretion of the Secretary;
10) A statement that the applicant shall agree to indemnify and hold the State of Illinois and the Secretary, their officers, agents and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys' and witnesses' fees, and expenses incident to any of these actions, relating to bodily injuries to persons (including death) and for loss or damage to, or destruction of, real and/or tangible property (including property of the State) resulting from the negligence or misconduct of the applicant, its employees, agents or contractors in the manufacture, installation, service, repair, use or removal of a BAIID or performance of any other duties required by this Section;
11) Examples of images taken by the BAIID. If, in the opinion of the Secretary, the images are not clear and accurate, the Secretary may deny certification;
12) Proof that the applicant is in good standing with the Illinois Secretary of State, Business Services Department.
d) The Secretary shall notify the applicant, in writing, of the Secretary's decision regarding the application for certification or recertification as a BAIID provider.
e) If an original or amended application to be certified or recertified as a BAIID provider is denied, the applicant may not reapply until 12 months have elapsed from the date of denial or the date of the final order of the hearing officer upholding the denial if the decision is reviewed in a formal administrative hearing. Prior to denying an application based on de minimis errors, including but not limited to typographical or scrivener's errors, the Secretary shall advise the applicant of the error and provide the applicant 14 business days to correct the error.
f) In deciding whether to grant or deny an application, the Secretary may take into consideration the applicant's past performance in Illinois and other jurisdictions in manufacturing, distributing, installing or servicing BAIIDs, whether the applicant's license or certification to manufacture, distribute, install or service BAIIDs has ever been suspended, revoked, denied, cancelled or withdrawn and whether the applicant has applied to operate as a BAIID provider in another state and was denied.
g) An applicant that has been certified pursuant to this Section may at any time submit an amended application seeking certification to distribute and install a BAIID model in addition to or other than the models previously certified for use by the applicant.
h) Services that Must be Provided. After certification or recertification by the Secretary, BAIID providers shall provide the following services and meet the following requirements:
1) All installations of BAIIDs shall be done in a workmanlike manner and shall be in accordance with the standards set forth in this Section and with the requirements of the manufacturer. All BAIIDs installed shall be in working order and shall perform in accordance with the standards set forth in this Section. All BAIIDs must be installed and all reports to the Secretary must be made within the time frames established by this Subpart D;
2) The BAIID provider shall only install models of BAIIDs that the provider has been authorized to install pursuant to this Section and the BAIIDs shall only be installed at installation sites reported to the Secretary pursuant to this Section;
3) Any BAIID provider that sells, rents and/or leases BAIIDs in Illinois pursuant to this Subpart D shall report to the Secretary within 7 days all such sales, rentals, and/or leases listing the BAIID permittee's name and driver's license number, the installer, the installer's location, the make and serial number of the BAIID, and the make, model and VIN of the vehicle in which the BAIID is installed;
4) The BAIID provider shall provide a toll free customer service/ question/complaint hotline that is answered, at a minimum, during normal business hours, Monday through Friday;
5) The BAIID provider shall provide a course of training and written instructions for the BAIID permittee or MDDP offender on operation, maintenance, and safeguards against improper operations, and instruct the BAIID permittee or MDDP offender to maintain a journal of events surrounding failed readings or problems with the BAIID. Copies of all materials used in this course of training shall be provided to the Secretary;
6) The BAIID provider shall provide service for malfunctioning or defective BAIIDs within a maximum of 48 hours after notification of a request for service. This support shall be in effect during the period the BAIID is required to be installed in a motor vehicle;
7) The BAIID provider shall provide, at the request of the Secretary, expert or other required testimony in any civil or criminal proceedings or administrative hearings as to issues involving BAIIDs, including the method of manufacture of the BAIID and how the BAIID functions;
8) If a BAIID provider requires a security deposit by a BAIID permittee or MDDP offender and the amount of the deposit required is more than an amount equal to one month's rental or lease fee, the security deposit must be deposited in an escrow account established at a bank, savings bank or savings and loan association located within the State of Illinois. The BAIID provider will provide the Secretary with a certified statement of the escrow account upon the Secretary's request;
9) BAIID providers must submit monitor reports or reports of any other service to the Secretary whenever a BAIID is brought in for monitoring, a portion of the BAIID is sent to the BAIID provider, the BAIID is read remotely, or a BAIID is brought in pursuant to a service or notification report. Except as provided in subsection (h)(10), the reports must be submitted to the Secretary no later than 7 days from the date the BAIID is brought in, an appropriate portion of the BAIID is sent to the BAIID provider, or the BAIID is read remotely;
10) When a vehicle is brought into a service center to have the BAIID read or calibrated, the BAIID installer shall carefully inspect the BAIID and all wiring and connections related to the BAIID for signs of tampering or circumvention. If a BAIID has been installed that permits the BAIID permittee or MDDP offender to mail in a portion of the BAIID to be read and calibrated, or allows the BAIID to be read remotely, that BAIID permittee or MDDP offender shall be required to bring the vehicle into a BAIID installation site at least once every 6 months so that the BAIID and all related wiring and connections may be inspected for signs of tampering or circumvention. Within 2 business days after discovery, the BAIID provider shall report to the Secretary evidence of tampering or attempts to circumvent a BAIID. The BAIID provider shall preserve any available physical evidence of tampering or circumvention and shall make that evidence available to the Secretary. Within 2 business days after an inspection of a mail-in or remotely read BAIID vehicle, the installer shall notify the SOS that evidence of tampering or circumvention has been found;
11) BAIID providers shall notify the Secretary within 7 days when a BAIID has been installed, reinstalled or deinstalled, and shall provide to the Secretary, upon request, additional reports, to include but not be limited to records of calibrations, maintenance checks and usage records on BAIIDs placed in service in Illinois;
12) The BAIID provider shall provide service to all BAIID permittees or MDDP offenders who request services from the BAIID provider and who have met the requirements of this Subpart D, including the payment of fees due to the provider, unless the fees are otherwise waived by rule or statute;
13) The BAIID provider must immediately notify the Secretary in writing if the provider or the BAIID manufacturer or installer becomes unable to produce, supply, service, repair, maintain or monitor BAIIDs in compliance with this Subpart D or if the provider has been suspended or decertified in any other jurisdiction;
14) With the exception of mobile installations authorized by Section 1001.442(n), the BAIID provider shall provide the Secretary a list of all locations in Illinois where BAIIDS may be purchased, rented, leased, installed, removed, serviced, repaired, calibrated, accuracy checked, inspected and monitored. The BAIID provider shall notify the Secretary within 48 hours of any new installation locations or any installation locations that are closed;
15) The BAIID provider shall install, monitor and deinstall authorized BAIIDs without fee to any MDDP offender determined to be indigent by the Secretary who requests services from the BAIID provider and who presents written documentation of indigency from the Secretary;
16) The Secretary may designate the form, format and method of delivery (e.g., facsimile, electronic transfer, etc.), for any reports, information, or data required to be filed with the Secretary pursuant to this Subpart D, including, but not limited to, installation verification forms, monitoring report forms, noncompliance report forms, notices of calibration, verification, tampering or circumvention, removal or deinstallation report forms, and information necessary to implement and monitor the indigent surcharge payments to the Indigent BAIID Fund and payment provisions from the Indigent BAIID Fund set forth in IVC Section 6-206.1 and Section 1001.444. Images taken by the BAIID must be available to the Secretary via online account access;
17) The Secretary shall review and approve leases or rental agreements the BAIID provider intends to utilize between the BAIID provider and the BAIID permittee or MDDP offender. The BAIID provider shall submit to the Secretary a copy of the schedule of all fees that will be charged to BAIID permittees or MDDP offenders, and shall submit an amended schedule of fees whenever there is a change to the BAIID provider's fees;
18) The BAIID providers shall agree to take assignments to unserved areas of Illinois pursuant to this Section, as those areas are defined in subsection (m)(2);
19) The Secretary shall have the right to conduct independent inspections of BAIID providers, manufacturers and installers, including inspection of any BAIIDs and calibration equipment present at the time of the inspection, to determine if they are in compliance with the requirements of this Subpart D. The Secretary shall notify, in writing, and require the BAIID provider to correct any noncompliance revealed during any inspections. Within 30 days after receiving a notice of noncompliance, the BAIID provider shall notify the Secretary, in writing, of any corrective action taken;
20) Upon the request of the Secretary, the BAIID provider shall, at no cost to the State of Illinois, provide the Secretary with not more than two BAIIDs for each model that is certified under this Section. These models will be used for demonstration and training purposes;
21) Unless an alternative method for reading and calibrating the BAIID has been approved by the Secretary, all BAIIDs shall be recalibrated, whenever they are brought to the provider for any type of service or monitoring, using a wet bath simulator or other approved equivalent procedure, i.e., dry gas standard. Calibrations shall be done no less frequently than every 67 days, including those BAIIDS that are read remotely;
22) Calibration equipment shall be in good working order and maintained and operated according to the equipment manufacturer's recommendations. Solution in wet bath calibration units shall be changed according to the manufacturer's recommendations and new solution shall be stored in a cool, dry location and discarded upon the expiration date. Dry gas cylinders must be stored in an area protected from exposure to weather;
23) BAIID providers shall maintain records related to a BAIID permittee or MDDP offender, including but not limited to installation, monitoring, circumvention and deinstallation, for a period of 3 years after the BAIID is deinstalled.
i) Criteria for Certification of BAIIDs. Only BAIIDs that have been certified for use in Illinois pursuant to this Section may be installed in the vehicles of BAIID permittees and MDDP offenders. Certification of a BAIID shall be based on the following criteria:
1) A review and evaluation of test results from any nationally recognized and certified laboratory test facility that is accredited by the International Standards Organization (ISO). The evaluation and test results must affirm the BAIID's ability to meet the Model Safety and Utility Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs) promulgated by the National Highway Traffic Safety Administration (NHTSA), U.S. Department of Transportation, 78 Fed. Reg. 89, May 8, 2013, except for:
A) 1.4.S, Power, if the BAIID is not designed to be operated from the battery;
B) 1.5.2.S, Extreme Operating Range, if the BAIID is not designed to be operated below -20° C and above +70° C;
C) 2.3.S, Warm Up, if the BAIID is not designed to be operated below -20° C;
D) 2.5.S, Temperature Package, if the BAIID is not designed to be operated below -20° C and above +70° C;
2) The BAIID provider must certify that the BAIID:
A) Does not impede the safe operation of a vehicle;
B) Minimizes opportunities to bypass the BAIID;
C) Performs accurately and reliably under normal conditions;
D) Prevents a BAIID permittee or MDDP offender from starting a vehicle when the BAIID permittee or MDDP offender has a prohibited BrAC, i.e., P≥ 0.025;
E) Satisfies the requirements for certification set forth in this Section;
F) Has a camera that takes clear and accurate images of the individual utilizing the BAIID and that has a sufficiently wide angle that it will be possible to determine whether the individual blowing into the BAIID is seated in the driver's seat and whether a circumvention device has been inserted into the mouthpiece of the BAIID;
G) Provides calibration stability for a period of no less than 67 days;
3) No BAIID shall be certified if it demonstrates an accuracy rate ≥ 0.01 in unstressed conditions or ≥ 0.02 in stressed conditions. The terms "stressed" and "unstressed" shall be defined according to the NHTSA standards referred to in subsection (i)(1);
4) Any BAIID to be certified shall be designed and constructed with an alcohol setpoint of 0.025;
5) Any BAIID to be certified shall require the operator of the vehicle to submit to a running retest at a random time within 5 to 15 minutes after starting the vehicle. Running retests shall continue at a rate of two per hour in random intervals not to exceed 45 minutes after the first running retest;
6) Any BAIID to be certified shall be designed and constructed to immediately begin blowing the horn if:
A) The running retest is not performed;
B) The BrAC reading of the running retest is 0.05 or more; or
C) Tampering or circumvention attempts are detected;
7) The BAIID shall be required to have permanent lockout 5 days after it gives service or inspection notification to the BAIID permittee or MDDP offender if it is not serviced or calibrated within that five day period.
A) The BAIID shall give service or inspection notification to the BAIID permittee or MDDP offender upon the occurrence of any of the following events:
i) Every instance in which the BAIID registers 3 BrAC readings of .05 or more within a 30 minute period;
ii) Any attempted tampering or circumvention;
iii) The time for the BAIID permittee or MDDP offender to take the vehicle for the initial monitor report;
iv) Every 60 days after the initial monitor report;
v) For MDDP offenders, 5 violations within the 60 day monitoring period;
vi) Every 6 months, for an inspection pursuant to Section 1001.441(h)(2) in which the type of BAIID installed allows for a portion of the BAIID to be mailed in or allows the BAIID to be read remotely;
B) In addition, the BAIID shall record and communicate to the BAIID permittee or MDDP offender and to the Secretary's office via monitor reports all of the preceding events and all starts of the vehicle, both successful and unsuccessful;
C) The BAIID shall record an image each time the vehicle is started, each time a test is prompted, each time a successful or unsuccessful test sample is taken, and whenever there is a failed attempt to provide a breath sample;
8) The BAIID shall be required to have 24 hour lockout anytime the BAIID permittee or MDDP offender registers 3 BrAC readings of 0.05 or more within a 30 minute period;
9) Certification of a BAIID may be withdrawn by the Secretary, based on a field testing protocol developed by the Secretary to determine the BAIID's ability to operate in a consistently reliable manner and based upon review of field performance results; a review of BAIID usage by BAIID permittees and MDDP offenders; and BAIID monitor reports;
10) Upon the request of the Secretary, the BAIID provider shall, at no cost to the State of Illinois, install not more than three of each model of BAIID for which certification is sought in the vehicles provided by the Secretary for field testing. The Secretary may independently evaluate each BAIID to ensure compliance with the requirements in this Section. The evaluation criteria include, but are not limited to, repeated testing of alcohol-laden samples, filtered samples, circumvention attempts, tampering, and testing for all specifications listed in this Subpart D. An applicant or provider is limited to 3 field tests per BAIID model as part of the certification process. If a BAIID model of an applicant or provider fails 3 field tests, the applicant or provider shall not be certified unless the applicant or BAIID provider has another BAIID model that has been certified by the Secretary;
11) Upon the request of the Secretary, for each model of BAIID certified under this Section, the BAIID provider shall provide a total of at least 10 hours of training to the Secretary's employees at no cost to the State of Illinois. This training shall be held at the times and locations within the State designated by the Secretary. The training shall be designed to familiarize the Secretary's employees with the installation, operation, service, repair and removal of the BAIIDs and with the training and instructions that the BAIID provider will give to BAIID permittees and MDDP offenders. The BAIID provider shall also provide the Secretary, upon request, the following materials:
A) A detailed description of the BAIID, including complete instructions for installation, operation, service, repair and removal of the BAIID;
B) Complete technical specifications describing the BAIID's accuracy, reliability, security, data collection and recording, tamper and circumvention detection, imaging and environmental features;
12) Any BAIID that is not certified may be re-tested at the request of the BAIID provider but not more often than once in a calendar year;
13) The Secretary shall not accept for certification any BAIID that uses Taguchi cell technology to determine BrAC;
14) BAIIDs must use, as their anti-circumvention method, one of the following technologies: either a positive>negative>positive or positive>negative air pressure test requirement, or a mid-test hum tone requirement. BAIID providers may submit for approval to the Secretary new anti-circumvention technologies. Upon approval by the Secretary, pursuant to the procedures in this subsection (i), these technologies shall be included with the previously mentioned anti-circumvention technologies as acceptable for use by BAIID providers. In addition to these anti-circumvention methods, all BAIIDs installed after July 1, 2013, and all BAIIDs in use in Illinois after July 1, 2015, shall include a camera that captures a clear and accurate image of the individual blowing into the BAIID, including a sufficiently wide angle that it will be possible to determine whether the individual blowing into the BAIID is seated in the driver's seat and whether a circumvention device has been inserted into the mouthpiece of the BAIID. The captured images shall be stored by the vendor while the BAIID is installed in the vehicle and for 3 years after removal and shall be made accessible to the Secretary, at the Secretary's request, either by electronic access to the vendor's system or electronic mail;
15) After a BAIID has been certified by the Secretary, no firmware or software modifications shall be deployed without written authorization by the Secretary, which may include installation of the BAIID with the proposed firmware or software modifications in accordance with subsection (i)(10) and, if the Secretary determines the software or firmware modification is major or material, submission to an accredited lab in accordance with subsection (i)(1).
j) BAIID Installers
1) All installations of BAIIDs must be performed by installers identified to the Secretary as employees of or contractors of a certified BAIID provider. The provider must inform the Secretary whether installation is being done by its own employees, contractors, or both. All installations shall be performed in a professional and workmanlike manner. BAIID providers shall be responsible for their installer's compliance with this Subpart D. A BAIID provider may be decertified by the Secretary for the noncompliance of its installer with the requirements of this Subpart D;
2) All service centers and mobile installation units shall have all tools, test equipment and manuals needed to install BAIIDs and screen motor vehicles for acceptable mechanical and electrical condition prior to installation;
3) The installer shall provide adequate security measures to prevent access to the BAIIDs (tamper seals or installation instructions);
4) The installer shall appropriately install BAIIDs on motor vehicles taking into account each motor vehicle's mechanical and electrical condition, following accepted trade standards and the BAIID manufacturer's instructions. All connections shall be soldered or secured with no crimp wire connectors and covered with tamper seals. It is the BAIID permittee's or MDDP offender's responsibility to repair the vehicle if any prior condition exists that would prevent the proper functioning of the BAIID. The installer shall inform the BAIID permittee or MDDP offender that a problem exists, but shall not be responsible for repairing the vehicle. The installer shall not permit the BAIID permittee or MDDP offender to observe the installation of the BAIID;
5) The installer shall not install BAIIDs in a manner that could adversely affect the performance of the BAIID or impede the safe operation of the motor vehicle;
6) After the BAIID has been installed in the motor vehicle, the installer shall verify that the BAIID is functioning properly and shall have the BAIID permittee or MDDP offender use the BAIID to start the vehicle to ensure familiarity with the operation of the BAIID. At that same time, the installer shall verify that the camera is operational and that a reference image of the BAIID permittee or MDDP offender has been taken;
7) The installer shall restore a motor vehicle to its original condition when a BAIID is removed. All severed wires must be permanently reconnected and insulated with heat shrink tubing or equivalent;
8) When the installer is also providing monitoring and other services for the BAIID after installation, the installer shall perform all of the duties that are associated with service after the installation and that are required by this Section of a BAIID provider. These duties shall include, but are not limited to, completing all monitoring reports and/or mailing in the appropriate portion of the BAIID to the BAIID provider, making notification of any evidence of tampering or circumvention, and recalibrating BAIIDs whenever they are brought in for service or monitoring;
9) The installer shall not install a BAIID on any vehicle that does not have an operable horn, but shall advise the BAIID permittee or MDDP offender to have the vehicle's horn repaired before installation can occur.
10) All installation sites must comply with state and local zoning requirements (e.g. zoned for commercial or business purposes) and must be kept sanitary to include cleaning up and sanitizing areas that contact pet waste. Only animals as defined by 730 ILCS 5/48-8 are allowed in service centers.
11) Installers may not smoke cigarettes, cannabis or any other substance while installing, servicing, or removing a BAIID, in any area where the BAIID is installed, serviced or removed, or in the presence of a BAIID permittee.
12) Post-Installation Inspection. After installation of the BAIID, an inspection must be made by the installer to ensure the installation was performed properly, the BAIID is functioning as required, and, if equipped, a remote start system does not interfere with the required functionality of the BAIID and does not allow the vehicle to be started without a breath sample.
k) Suspension and Decertification of BAIID Providers. The Secretary may suspend or decertify a BAIID provider from providing BAIID services in Illinois. The Secretary shall provide written notification to the BAIID provider regarding any violation of this Section that may lead to suspension or decertification. The BAIID provider will be given a 30 day opportunity to come into compliance. The BAIID provider shall respond in writing to the Secretary regarding the course of corrective action. If the course of corrective action is deemed unacceptable by the Secretary, or if there are recurring instances of the violations that led to the notice following the corrective action, the Secretary may decertify the BAIID provider from providing services in Illinois or suspend the BAIID provider from performing any new installations for a period of 3 months. The following are considered actions warranting suspension or decertification:
1) Failure to submit monitor reports in a timely manner, as provided in subsections (h)(9) and (h)(10). If the Secretary finds, through investigation, that the BAIID permittee or MDDP offender did take the vehicle with the installed BAIID to the BAIID provider, or sent the appropriate portion of the BAIID to the BAIID provider for a monitor report in a timely manner, a request for the monitor report shall be sent to the BAIID provider. If the information is not received within 30 days, the BAIID provider will be given a 3 month suspension from providing new installations in Illinois. Three occurrences within a 12 month period will result in decertification;
2) Failure to maintain liability insurance as required;
3) Failure to install certified BAIIDs within the time requirements of this Subpart D;
4) Failure to comply with all of the duties and obligations contained in this Subpart D;
5) Failure to provide BAIID permittees or MDDP offenders with correct information regarding the requirements of this Subpart D;
6) Failure to submit a required surcharge to the Secretary or failure to submit a required surcharge in a timely manner for deposit in the Indigent BAIID Fund as required in IVC Section 6-206.1 and Section 1001.444 of this Part. If the amount in dispute is not resolved within the above 30 day period, the BAIID provider shall be decertified unless the BAIID provider submits, within the 30 day period, a written request to review the amount in dispute to the BAIID Division. The dispute will then be resolved according to the terms of the contract entered into between the BAIID provider and the Secretary;
7) Failure to work with BAIID permittees or MDDP offenders in a professional manner. Complaints from BAIID permittees and MDDP offenders will be recorded. Repeated complaints determined by the Secretary to be valid or clear violations of the program requirements set forth in this Section shall result in decertification;
8) Failure to provide installations in a workmanlike manner, as set forth in this Section, and within the requirements of the manufacturer;
9) Installing BAIIDs not certified by the Secretary;
10) Failure to report installations and deinstallations to the Secretary within 7 days;
11) Failure to maintain and upgrade calibration equipment, BAIIDs and cameras;
12) Failure to provide services to indigent MDDP offenders;
13) Failure to provide trained installers or installations that are not in compliance with subsection (j)(2);
14) Failure to inform the Secretary of suspension or decertification from service in another jurisdiction within 30 days;
15) Failure to notify the Secretary of any BAIID installer or service center that is no longer installing or servicing BAIIDS for the provider;
16) Wiring the BAIID for circumvention or creating a circumventing apparatus for the BAIID permittee or MDDP offender;
17) Giving information to a BAIID permittee or MDDP offender that results in or could result in the BAIID being circumvented;
18) Failing to use or make secure or appropriate wiring connections as specified in this Section;
19) Installing a BAIID in a vehicle that does not have an operable horn;
20) Failing to maintain the calibration equipment and solutions as specified in this Section;
21) Invalidation of an installer's Illinois driver's license;
22) Failure to meet any of the requirements of this Section or other applicable administrative rules or statutes;
23) Solicitation of a permittee for any service or product other than installation and use of a BAIID.
l) Notification of Decertification or Decision Not to Recertify. Upon a decision not to recertify a BAIID provider, or upon decertification of a BAIID or the decertification of or the cessation of the operation of a BAIID provider, the Secretary shall notify in writing all affected BAIID permittees or MDDP offenders. The notification shall be sent not less than 30 days after the decision or, if the BAIID provider requests a formal administrative hearing within that 30 day period to review the decision, notification shall not be sent until the entry of a final order of the hearing officer upholding the decision.
m) Designation of Installation Sites
1) Each BAIID provider shall be responsible for establishing installation sites within the State to service BAIID permittees and MDDP offenders, or to provide mobile installations as provided in subsection (n). Prior to notifying the Secretary that an employee or contractor is an approved installer, the provider must visit the installation site to ensure that all requirements of this Section are met. Providers must visit each installer to ensure continued compliance with this Section on an annual basis;
2) The Secretary shall monitor the location of installation sites throughout Illinois. If the Secretary determines that any place in Illinois is not within 75 miles of an installation site, the Secretary shall randomly select one of the certified BAIID providers and require that BAIID provider to establish an installation site or provide mobile installations in the unserved area. If a second or subsequent area of Illinois is determined not to be within 75 miles of an installation site, the Secretary shall randomly select a BAIID provider other than the one selected previously and require that BAIID provider to establish an installation site or provide mobile installations in the unserved area. As a condition of being certified by the Secretary, BAIID providers must agree to take assignments to unserved areas pursuant to this subsection (m)(2).
n) Mobile Installation Sites
1) A BAIID provider may install BAIIDs at locations other than fixed, permanent installation sites.
2) All provisions in this Section, as well as Sections 1001.441 and 1001.444, are hereby made applicable to mobile installers and mobile installations, except for those provisions that by their nature can have no application to mobile installers and installations.
3) At the installation location, the installer must have a copy of the permittee's/offender's request to have a BAIID installed and show it to the permittee/offender upon request.
4) A provider may, but is not required to, provide an identification card for mobile installers that includes, but is not limited to, the name of the installer and the provider for which the installer works. The identification card may also contain a photo of the installer.
5) Providers shall provide the Secretary with a schedule of mobile installs 24 hours before the install occurs. The schedule shall contain the name and address of the permittee/offender and the location where the install will occur. The Secretary reserves the right to attend and inspect mobile installations.
o) An applicant whose application for certification or recertification as a BAIID provider has been denied, or a BAIID provider who has been suspended or decertified, shall have the right to have that decision reviewed at a formal administrative hearing. In the case of a decision not to recertify or to suspend or decertify, that decision shall not be implemented until at least 30 days after the notice of the decision has been sent to the applicant or provider or, if the applicant or provider requests a hearing within that 30 day period, until the entry of a final order of the hearing officer upholding the decision. The hearings held under this Subpart D shall be conducted in accordance with all of the rights, privileges, and procedures set forth in Subpart A. A request for a hearing to contest a decision to deny certification or recertification or to decertify must be in writing and must be sent to one of the following locations:
1) Office of the Secretary of State, Department of Administrative Hearings, 17 North State Street, Suite 1200, Chicago, Illinois 60602, 312/793-3722;
2) Office of the Secretary of State, Department of Administrative Hearings, Michael J. Howlett Building, Room 207, Springfield, Illinois 62756, 217/524-0124.
p) Any solicitation or correspondence sent from or provided by a BAIID provider to a potential RDP or MDDP permittee must conspicuously and in bold include the following statements: "____________ (name of BAIID provider) is a privately-owned entity and is not owned, operated, or endorsed by the Illinois Secretary of State or any other Illinois government agency" and "____________ (name of BAIID provider) is not the sole BAIID provider authorized by the Secretary of State." The solicitation or correspondence may not be attached to or have the appearance of any official correspondence sent to a permittee by the Secretary of State; may not state or otherwise indicate that the provider is the sole or only BAIID provider in Illinois, and shall not utilize the same font as utilized by the Illinois Secretary of State (Arial, Calibri, Cambria, Garamond, and Times New Roman) when the Secretary sends correspondence to permittees. A BAIID provider or installer may not use any personal information (including the name, address, telephone number and/or email address) provided by a permittee to solicit the permittee for any service or product other than installation and use of BAIID, including, but not limited to, insurance and auto repair.
**History**
- *Source: Amended at 46 Ill. Reg. 6772, effective April 13, 2022*
##### **92 Ill. Adm. Code 1001.443** Breath Alcohol Ignition Interlock Device Multiple Offender - Compliance with Interlock Program {#sec-1001.443 omnilex-key=us-il-regs-official--title-92--1001.443}
a) Ownership Defined. For the purposes of this Section, a person "owns" a vehicle when it is registered in the person's name, regardless of whether it is registered solely in the person's name or jointly with another person or persons, except as follows:
1) When the offender is able to demonstrate that the offender's name is on the joint title solely for the purpose of allowing a third party to obtain financing to purchase the vehicle, and the vehicle is not available for use by the offender;
2) A vehicle is not considered to be owned by the person when:
A) that person owns and operates a business as a sole proprietorship or as a partnership with 3 or fewer partners;
B) the business has been in existence for at least 2 years prior to the date of the application for an RDP;
C) the person identifies 4 or more vehicles registered in the person's name that are used exclusively in the operation of the business;
D) the person does not operate any of the identified vehicles at any time; and
E) the person is able to provide the name, address and driver's license number of the business employees who operate the identified vehicles.
b) Installation Required
1) Anyone who is required to install a BAIID on all owned vehicles, pursuant to IVC Sections 6-205(h) and 11-501.01(e), and who is granted any driving relief pursuant to Subpart D of this Part, shall have a BAIID installed on all owned vehicles within 14 days after the issuance of driving relief. The offender must maintain a BAIID on each vehicle for a period of 1,826 consecutive days.
2) For purposes of subsection (b)(1), the period of 1,826 consecutive days begins on the date that a BAIID is installed on all owned vehicles and ends 1,826 days later. This shall be known as the "base period". The base period remains the same regardless of whether the petitioner adds or replaces vehicles during the 1,826 consecutive days. The 1,826-day base period does not begin to run if a permittee is granted an RDP and only drives a vehicle for which an employment exemption has been granted.
c) Verification of Compliance. The Secretary shall verify compliance by conducting periodic checks of the vehicle registration records of BAIID multiple offenders, and by monitoring compliance with the terms and conditions of the interlock requirements as provided in Section 1001.441.
1) If the Secretary finds evidence of non-compliance with the installation requirements by a BAIID multiple offender, then the Secretary will send the offender a letter asking for an explanation for the alleged violation. If a response is received within 21 days after the date of the Secretary's letter and it reasonably assures the Secretary that no violation occurred, no further action will be taken. If a response is not received within 21 days or does not reasonably assure the Secretary, the failure to comply will result in the immediate cancellation of the driving relief issued. The cancellation will not be terminated until the offender comes into compliance. BAIID multiple offenders whose driving privileges are cancelled due to violation of the installation requirements will be required to come into compliance and maintain compliance for another 1,826 consecutive days.
2) If the Secretary finds evidence of non-compliance with the installation requirements by a BAIID multiple offender who is also a BAIID permittee as defined in Section 1001.410 and who, therefore, is issued a restricted driving permit, then the Secretary will send the offender a letter asking for an explanation for the alleged violation. If a response is received within 21 days after the date of the Secretary's letter and it reasonably assures the Secretary that no violation occurred or the violation has been rectified, no further action will be taken. If a response is not received within 21 days or does not reasonably assure the Secretary, the failure to comply will result in the immediate cancellation of the driving relief issued. Pursuant to Section 1001.441(g) and (l), the BAIID permittee will not be granted another hearing for 90 days from the date of the cancellation, except to contest the cancellation.
3) If the Secretary finds evidence of non-compliance with the terms and conditions of the interlock requirements by a BAIID multiple offender whose driving privileges have been reinstated, then the offender's driving privileges will be cancelled for a term of 3 months on the first violation, 6 months on the second violation, and 12 months on the third and subsequent violations. At the end of the period of cancellation, the offender will be required to come into and maintain compliance for another 1,826 consecutive days.
4) The Secretary reserves the discretion to cancel a BAIID multiple offender's driving privileges if monitor reports, processed after a hearing is conducted or after the reinstatement of the BAIID multiple offender's driving privileges, show a violation of the terms and conditions of the interlock requirements, including the use of any product intended to prevent accurate readings by the BAIID.
d) In addition to installing a BAIID on every vehicle owned, a BAIID multiple offender is prohibited from driving any vehicle that does not have a BAIID installed, unless the offender is granted an employment exemption in accordance with IVC Section 6-205 or 6-206 and Section 1001.441 of this Part.
e) A BMO who has been granted driving relief prior to January 1, 2016, or who has had a hearing prior to January 1, 2016 and the order from that hearing grants driving relief, is subject to a compliance period of 366 consecutive days. A BMO who is granted driving relief and does not complete the requirements of the driving relief (i.e., payment of reinstatement fee, filing of SR-22 insurance, completion of vision, written and road exams) within the time required by the Secretary, whose driving relief is cancelled, whose petition for driving relief is denied, or who uninstalled the BAIID prior to having the BAIID installed for 366 consecutive days, shall thereafter be subject to a compliance period of 1,826 consecutive days.
f) The offender may contest a cancellation entered pursuant to this Section by filing a petition for a formal hearing pursuant to IVC Section 2-118.
**History**
- *Source: Amended at 45 Ill. Reg. 14985, effective November 12, 2021*
##### **92 Ill. Adm. Code 1001.444** Monitoring Device Driving Permit (mddp) Provisions {#sec-1001.444 omnilex-key=us-il-regs-official--title-92--1001.444}
a) Breath Alcohol Ignition Interlock Device (BAIID) Required for Issuance; Fee Required
1) The Secretary shall notify a first offender (MDDP offender), as defined in IVC Section 11-500, that he or she will be issued an MDDP. The issuance of the MDDP shall be conditioned on the installation and use of a BAIID in any vehicle operated, as required by IVC Section 6-206.1. Only BAIIDs certified by the Secretary under Section 1001.442 of this Part may be utilized. As provided in IVC Section 6-206.1, an MDDP offender must pay a non-refundable fee in an amount equal to $30 per month times the number of months or any portion of a month remaining on the statutory summary suspension at the time the Secretary issues the MDDP. No fee will be charged for any month in which the Secretary issues the MDDP on or after the 20th day of that month. This total, one time payment for each MDDP issued must be paid in advance and prior to the issuance of the MDDP. Payment must be submitted in the form of a money order, check or credit card charge (with a pre-approved card), made payable to the Secretary of State.
2) Any MDDP holder whose summary suspension is extended or who is re-suspended as provided for in IVC Section 6-206.1 and who applies for and obtains an extension or re-issuance of an MDDP, shall likewise be required to pay the non-refundable fee for the length of the period of extension or re-suspension under the same terms and conditions as stated in subsection (a)(1). Any such suspension will not be terminated until payment of any and all fees due under this Section is made.
3) Any MDDP offender whose driving privileges are otherwise suspended, revoked, cancelled or become otherwise invalid is not eligible to receive an MDDP.
4) Any MDDP shall be invalid and must be surrendered to the Secretary if an MDDP holder's driving privileges subsequently are suspended, revoked, cancelled or become otherwise invalid under any provision of the IVC, during the issuance period of the MDDP. This includes a conviction and subsequent revocation of driving privileges for the DUI arrest that resulted in the issuance of the MDDP. The MDDP offender, including an MDDP holder that surrendered his or her MDDP prior to the suspension, revocation, cancellation or invalidation of driving privileges, may petition, at a formal hearing conducted pursuant to IVC Section 2-118, for a restricted driving permit during the period of suspension, revocation, cancellation or invalidation, if available pursuant to the IVC. In order to obtain a restricted driving permit pursuant to this Section, the MDDP offender must also satisfy the other provisions of this Part. Further, should a restricted driving permit be granted, the MDDP offender may only operate vehicles in which a properly working BAIID has been installed and is subject to all of the provisions of the BAIID program.
5) Any MDDP holder whose MDDP is invalidated as provided in subsection (a)(4), except those MDDP holders cancelled under IVC Section 6-206.1(c-1), may obtain another MDDP upon termination of the sanction that led to the invalidation as long as the offender is still eligible for an MDDP. The offender must notify the Secretary in writing and submit the statutory permit fee. Upon issuance of an MDDP, the MDDP holder is subject to all of the provisions of this Section.
6) The MDDP holder may voluntarily terminate participation in the MDDP program by written notification and surrender of the permit to the Secretary's BAIID Division. This voluntary termination does not in any way affect any sanction imposed under this Section. An offender may also resume participation by notifying the BAIID Division in writing, but may do so only once during the term of the suspension, extension or re-suspension due to a violation of the program.
b) Compliance − Installation of BAIID/Notification to the Secretary
1) The MDDP Holder. Upon the issuance of an MDDP under this Section, the Secretary shall make available a list of certified BAIID providers to the MDDP holder. The MDDP holder may operate the vehicle for 14 days from the issuance date stated on the MDDP without the BAIID installed solely for the purpose of taking the vehicle to a BAIID provider or installer for installation of the BAIID. The MDDP holder must be the individual who takes the vehicle to the installer to have the BAIID installed and must have a reference image taken by the installer at the time of installation. Failure to comply with this requirement will result in the cancellation of the MDDP issued.
2) The Installer/BAIID Provider. A BAIID provider or installer must:
A) Be qualified and comply with all of the procedures and responsibilities set forth in Section 1001.442;
B) Within 7 days after the date of the installation of the BAIID, notify the Secretary, in a manner and form specified by the Secretary, that a BAIID has been installed in the vehicles designated by the MDDP offender;
C) Upon notification from the MDDP holder, as evidenced by the written form from the Secretary that the MDDP holder has been found to be indigent, not charge the MDDP holder for any installation, monthly monitoring, deinstallation fees, or security deposit that exceeds one month's BAIID rental fee. This waiver of charges and fees is limited to one vehicle per MDDP holder;
D) Upon request, make records available to ensure compliance with the required payments to and reimbursements from the Indigent BAIID Fund.
c) Compliance − Driving with BAIID. Any MDDP offender receiving an MDDP under this Section must comply with the following requirements:
1) Operate only vehicles with an installed, operating BAIID certified by the Secretary whether the vehicle is owned, rented, leased, loaned or otherwise in the possession of the MDDP holder, as required by the MDDP issued under this Section.
2) Except when a BAIID has been installed that may be read remotely, either take any and all vehicles operated by the MDDP holder and with a BAIID installed or send the BAIID to the BAIID provider or installer at least every 60 days, which shall be referred to as the monitoring period, commencing with the date of installation, for the purposes of calibration and having a monitor report of the BAIID's activity prepared and sent to the Secretary by the BAIID provider or installer. The monitoring period will be 30 days for any MDDP holder whose summary suspension is extended or who is re-suspended for a violation of the MDDP program.
3) If a BAIID has been installed that permits the MDDP offender to mail in a portion of the BAIID to be read and calibrated, or that allows the BAIID to be read remotely, bring the vehicle into a BAIID installation site at least once every 6 months so that the BAIID and all related wiring and connections may be inspected for signs of tampering or circumvention.
4) Within 5 working days after any service or inspection notification, take the vehicle with the BAIID, installed to the BAIID provider or installer or send the appropriate portion of the BAIID to the BAIID provider or installer as instructed for a monitor report.
5) Maintain a journal of events recording unsuccessful attempts to start the vehicle, failures to successfully complete a running retest, any problems with the BAIID, and the name of the driver operating the vehicle at the time of the event. If BAIIDs have been installed on multiple vehicles, a separate journal must be kept for each vehicle, recording unsuccessful attempts to start the vehicle, failures to successfully complete a running retest, any problems with the BAIID, and the name of the driver operating the vehicle at the time of the event.
6) Ensure that the BAIID camera is aimed, and the person using the BAIID is situated, so that the camera captures a clear and accurate image of the individual blowing into the BAIID, including a sufficiently wide angle that it will be possible to determine whether the individual blowing into the BAIID is seated in the driver's seat and whether a circumvention device has been inserted into the mouthpiece of the BAIID.
7) Shall not have a BAIID removed or deinstalled from a vehicle prior to notifying the Secretary and surrendering the MDDP to the Secretary or the Secretary's designee.
8) Shall not commit any of the violations listed in subsection (d).
d) Violations. Any of the following, when committed by an MDDP holder, constitutes a violation of the MDDP program:
1) A conviction or court supervision for any of the offenses listed in IVC Section 6-206.1(c-1);
2) Tampering or attempting to tamper with, or unauthorized circumvention of, the BAIID, including the use of any product intended to prevent accurate readings by the BAIID;
3) A violation of IVC Section 6-206.2;
4) 10 or more unsuccessful attempts to start the vehicle with a BAIID installed within a 30 day period, excluding a BrAC reading of 0.05 or more;
5) 5 or more unsuccessful attempts to start the vehicle within a 24 hour period, excluding a BrAC reading of 0.05 or more;
6) A BrAC reading of 0.05 or more;
7) Failing a running retest, or failing to take a running retest;
8) Removing the BAIID without authorization from the Secretary;
9) Failing to utilize the BAIID as required;
10) Failing to submit a BAIID for a monitor report in a timely manner;
11) Failing to bring a vehicle into a BAIID installation site at least once every 6 months so that the BAIID and all related wiring and connections may be inspected for signs of tampering or circumvention;
12) Preventing the camera from taking clear and accurate images of the permittee blowing into the mouthpiece, including a sufficiently wide angle that it will be possible to determine whether the individual blowing into the BAIID is seated in the driver's seat and whether a circumvention device has been inserted into the mouthpiece of the BAIID.
e) Sanctions Upon Commission of a Violation. Upon notification of any of the violations in subsection (d), the Secretary shall take the following action:
1) For a conviction or court supervision for any of the offenses listed in IVC Section 6-206.1(c-1), or a notification from a BAIID provider or installer that a physical inspection of any BAIID permittee's vehicle showed any tampering with or unauthorized circumvention of the BAIID, immediately cancel the MDDP, extend the suspension as provided for in IVC Section 6-206.1(1), and authorize the immediate removal/deinstallation of the BAIID. If the MDDP had expired prior to the Secretary receiving notification of the conviction, supervision or violation, the Secretary shall re-suspend the MDDP offender as provided for in IVC Section 6-206.1(l). The MDDP offender may then file a petition for the issuance of an RDP. The MDDP offender must have a formal hearing pursuant to IVC Section 2-118 and satisfy all the requirements of this Subpart D in order to obtain the permit.
2) For any MDDP holder whose monitor report or other sufficient evidence shows any tampering or unauthorized circumvention of the BAIID, or who fails to bring his or her vehicle in for an inspection pursuant to subsection (c)(3), send the MDDP holder a letter asking for an explanation of the failure to bring the vehicle in for an inspection or an explanation of the tampering or unauthorized circumvention. If a response is received within 21 days after the date of the Secretary's letter and it reasonably assures the Secretary that no violation occurred, no further action will be taken. If a response is not received within 21 days or does not reasonably assure the Secretary, the Secretary shall immediately cancel the MDDP, extend the suspension as provided for in IVC Section 6-206.1(1), and authorize the immediate removal/deinstallation of the BAIID. If the summary suspension is already terminated prior to the MDDP holder failing to bring his or her vehicle in for an inspection pursuant to subsection (c)(3), or prior to the Secretary receiving the monitor report/physical inspection showing the violation, the Secretary shall re-suspend the MDDP offender as provided for in IVC Section 6-206.1(1). The MDDP offender may then file a petition for the issuance of an RDP. The MDDP offender must have a formal hearing pursuant to IVC Section 2-118 and satisfy all the requirements of this Subpart D in order to obtain the RDP.
3) For any MDDP holder whose monitor report shows: 10 or more unsuccessful attempts to start the vehicle with a BAIID installed, within a 30 day period; or 5 or more unsuccessful attempts to start the vehicle with a BAIID installed, within a 24 hour period; or any single BrAC reading of 0.05 or more, send the MDDP holder a letter asking for an explanation of the unsuccessful attempts to start the vehicle or the BrAC reading. If a response is received within 21 days after the date of the Secretary's letter and it reasonably assures the Secretary that no violation occurred, no further action will be taken. If a response is not received within 21 days or does not reasonably assure the Secretary, the Secretary shall extend the summary suspension for 3 months. If the summary suspension is already terminated prior to the Secretary receiving the monitor report showing the violation, the Secretary shall re-suspend for 3 months. Should any monitor report show multiple violations, each violation provided for in this subsection shall be a separate violation requiring a separate 3 month extension or re-suspension.
4) For any MDDP holder whose monitor reports show a failure to successfully complete a running retest, send the MDDP holder a letter asking for an explanation of the failure to successfully complete a running retest. If a response is received within 21 days after the date of the Secretary's letter and it reasonably assures the Secretary that no violation occurred, no further action will be taken. If a response is not received within 21 days or does not reasonably assure the Secretary, the Secretary shall extend the summary suspension for 3 months. If the summary suspension is already terminated prior to the Secretary receiving the monitor report showing the violation, the Secretary shall re-suspend for 3 months.
5) For a removal/deinstallation of a BAIID without authorization, including a removal or deinstallation caused by the MDDP holder's failure to pay lease or rental fees due to the BAIID provider, the Secretary shall immediately cancel the MDDP.
6) For a failure to utilize the BAIID by the MDDP holder as required, the Secretary shall extend the summary suspension for 3 months. If the summary suspension is already terminated prior to the Secretary receiving the monitor report showing the violation, the Secretary shall re-suspend for 3 months.
7) For a failure to submit a BAIID for a monitor report in a timely manner, the following procedure will be followed: unless notified by a BAIID provider that the BAIID has been removed, all monitor reports shall be submitted to the Secretary within 37 days after installation and within every 37 days thereafter. If the Secretary fails to receive an MDDP holder's monitor reports within the 37 days, the Secretary will conduct an informal inquiry (will attempt to contact the BAIID provider and MDDP holder by telephone or e-mail) for the purpose of determining the cause for this failure. If it is determined or if it appears that the MDDP holder failed to take in a vehicle with the BAIID or send the BAIID in for timely monitor reports, then the Secretary will send a letter to the MDDP holder stating that, if the BAIID is not taken in for a monitor report within 10 days after the date of the letter, the Secretary will extend the summary suspension for 3 months, or, if the summary suspension is already terminated prior to the Secretary receiving the monitor report showing the violation, the Secretary will re-suspend for 3 months. If the MDDP holder cannot be located or does not respond to the Secretary's request for information, the MDDP shall be cancelled or, if the MDDP has expired, the Secretary shall re-suspend the MDDP as provided for in IVC Section 6-206.1(l).
8) Violations detected in any one monitoring period shall not, however, result in extensions or re-suspensions totaling more than six months, except as provided in subsection (e)(10).
9) If the MDDP holder is re-suspended for a violation that was not reported to the Secretary until after the termination of the MDDP holder's summary suspension, the MDDP holder may obtain another MDDP by notifying the Secretary in writing and submitting all required fees.
10) When an image shows that the MDDP permittee has utilized any product that allows the permittee to avoid blowing directly into the mouthpiece of the BAIID, or when any step has been taken to prevent a clear and accurate image of the driver and mouthpiece, the Secretary shall extend the summary suspension for 3 months.
f) Hearing to Contest Cancellation of MDDP or Extension of the Summary Suspension. Any MDDP holder whose summary suspension is extended or re-suspended, or whose MDDP is cancelled as provided for in this Section, may request a hearing to contest that action. A written request, along with the $50 filing fee, must be received or postmarked within 30 days from the effective date of the extension, re-suspension or cancellation. The hearing will be conducted as any other formal hearing under this Part.
g) MDDPs − Content. Any MDDPs issued as provided for in this Section shall, in addition to all other requirements, state at a minimum that:
1) The MDDP is issued pursuant to the BAIID requirements of this Section and that a vehicle operated by an MDDP holder must be equipped with a certified, installed, properly operating BAIID;
2) The provisions of the MDDP also allow the MDDP holder to drive to and from the BAIID provider or installer for the purpose of installing the BAIID within 14 days after the issuance date on the MDDP;
3) Once the BAIID is installed, the MDDP holder may drive the vehicle with the BAIID properly installed for any purpose and at any time;
4) If applicable, the MDDP holder qualifies for any modification or waiver of BAIID, as provided in subsection (i), or employment exemption from BAIID, as provided in subsection (j).
h) Use of Monitor Reports. The Secretary shall gather all available monitor reports and images, and any other information relative to the MDDP holder's performance and compliance with the BAIID requirements under this Subpart D. The reports, images and information may be used as evidence at any administrative hearing conducted by the Secretary under this Part.
i) Modification or Waiver of BAIID. Upon request of the MDDP holder, the Secretary may consider a medical or physical BAIID modification or waiver for an MDDP issued under this Section. When an MDDP holder provides a report from a physician stating that the MDDP holder is physically unable to produce an adequate breath sample to operate the BAIID, the Secretary may allow the MDDP holder to install a BAIID that operates with a lower breath sample requirement. When an MDDP holder is the owner of only one vehicle, this modification may also be granted if an immediate family member who resides with the MDDP holder must drive the vehicle and the immediate family member is unable to provide an adequate breath sample to operate the BAIID. The Secretary may, at his or her discretion, obtain a review of the physician's report by the Secretary's Medical Advisory Board.
j) Employment Exemption from BAIID Requirements. In determining whether an MDDP holder is exempt from the BAIID requirements pursuant to the waiver provided for in IVC Section 6-206.1, the following shall apply:
1) The term "employer" shall not include an entity owned or controlled in whole or in part by the MDDP holder or any member of the MDDP holder's immediate family, unless the entity is a corporation and the MDDP holder and the MDDP holder's immediate family own a total of less than 5% of the outstanding shares of stock in the corporation. Immediate family shall include spouse, children, children's spouses, parents, spouse's parents, siblings, siblings' spouses and spouse's siblings;
2) The exemption shall not apply when the employer's vehicle is assigned exclusively to the MDDP holder, or the MDDP holder uses the vehicle for commuting to and from employment or for other personal use and no person may drive the exempted vehicle more than 12 hours per day, 6 days per week [625 ILCS 5/6-206.1(a-2)];
3) Appropriate limits will be established for necessary on-the-job driving. The days, hours and mileage limits will not exceed those necessary for the accomplishment of the MDDP holder's primary employment;
4) This exemption is subject to termination if the Secretary obtains or receives credible evidence that it is being abused or violated by the MDDP holder, such as, but not limited to, driving outside the scope of his or her employment, or driving the employer's vehicle from his or her residence to the place of employment. Upon obtaining or receiving credible evidence of the abuse or violation of an exemption, the Secretary shall send the MDDP holder a letter that requests a response to the evidence. If a response is received within 21 days after the date of the Secretary's letter and it reasonably assures the Secretary that an abuse or a violation did not occur, no further action will be taken. If a response is not received within 21 days or does not reasonably assure the Secretary, the Secretary shall immediately terminate the exemption;
5) The Secretary will also inform the MDDP holder whose employment exemption is terminated that he or she remains eligible to have a BAIID installed in his or her personal vehicle and the employer's vehicle without a hearing. Failure to have the BAIID installed by the date designated by the Secretary will result in the termination of the MDDP;
6) The denial of an exemption and the termination of an exemption may be contested pursuant to Section 1001.441(k);
7) An exemption also will be granted to an MDDP holder who can prove that his or her duties include test driving vehicles not owned by the permittee. The exemption will be limited to this purpose, and to no more than a 5 mile radius from the permittee's place of employment.
k) Decertification of BAIID Provider or BAIID and Denial of BAIID Provider Certification or BAIID Certification. The Secretary must notify the MDDP holder of the decertification or denial of certification of a BAIID provider or of a particular type of BAIID. The MDDP holder must then select a new BAIID provider or type of BAIID from the list of approved BAIID providers maintained by the Secretary. The MDDP holder must inform the Secretary of that selection within 7 days after the receipt of notification from the Secretary. The MDDP holder must complete registration with a new BAIID provider and/or installation of a new BAIID within 21 days after the receipt of the notification from the Secretary. Failure to complete these steps within the 21-day period may result in cancellation of the MDDP holder's MDDP. All costs related to any change in a BAIID provider or a BAIID shall be paid by the MDDP holder, unless the Secretary has deemed the MDDP holder indigent.
l) Indigent BAIID Fund
1) Any BAIID provider who installs a BAIID under the MDDP program must pay 5% of the total gross revenue received by each contract entered into with an MDDP holder who is not found to be indigent by the Secretary, referred to in this subsection as the surcharge.
A) The surcharge shall include only those fees normally charged an MDDP holder for installation, monthly rental and monitoring, and deinstallation of the BAIID during the term of the MDDP holder's statutory summary suspension.
B) The surcharge shall be submitted to the Secretary by the 8th of each month and shall include all surcharges incurred during the previous month. The surcharge must be submitted in the form of a check, made payable to the Secretary of State, or by electronic transfer as agreed to by the Secretary and the BAIID provider.
C) Should the summary suspension of an MDDP holder be extended or a re-suspension issued under the MDDP program and the holder continue to participate in the program, the surcharge is due for the period of extension or re-suspension.
2) Any BAIID provider who installs a BAIID under the MDDP program for an MDDP holder who has been found to be indigent by the Secretary may apply for reimbursement for any fees incurred as set out in subsection (b)(2)(C). A provider must submit an invoice to the Secretary by the 8th of the month following the end of each quarter of the Secretary of State's fiscal year, which must include the name and driver's license number of each indigent client, as well as a brief description of the services provided and the date those services were rendered. The Secretary will authorize payments in accordance with IVC Section 6-206.1(o). No payment for the quarter may be authorized if the provider fails to submit an invoice within the time set forth in this subsection (l)(2) or if the provider fails to submit a check or electronic transfer for the surcharge within the time frame set forth in subsection (l)(1)(B). If a provider has submitted an invoice to the Secretary that under-reports the number of indigent clients served in the previous quarter, the provider may not submit a subsequent invoice seeking reimbursement for services provided to the unreported indigent clients.
3) The Secretary may audit the records of BAIID providers or installers to ensure compliance with the required payments to and reimbursements from the Indigent BAIID Fund.
4) An MDDP offender may be declared indigent by the Secretary if the MDDP offender's total monthly income is 150% or less of the federal poverty guidelines, as evidenced by a certified transcript of the United States or State of Illinois tax return for the most recently completed calendar year.
A) For an MDDP offender who has not filed a United States or State of Illinois tax return for the most recently completed calendar year, indigency may be declared if:
i) The MDDP offender is currently receiving Temporary Assistance to Needy Families (TANF) benefits, as evidenced by documentation from the Illinois Department of Human Services;
ii) The MDDP offender is currently receiving Supplemental Nutrition Assistance Program (SNAP) benefits, as evidenced by documentation from the Illinois Department of Human Services.
B) For the MDDP offender who has not filed a United States or State of Illinois tax return for the most recently completed calendar year and is not currently receiving TANF or SNAP benefits, indigency may be declared if the MDDP offender is receiving Supplemental Security Income (SSI) from the Social Security Administration and the MDDP offender completes an affidavit under penalty of perjury swearing the total amount of income received from all sources, including SSI, is 150% or less of the federal poverty guidelines.
5) An MDDP holder's indigency status shall be valid for the length of the MDDP. Any MDDP holder whose summary suspension is extended beyond the length of the MDDP, who wishes to continue participation in the MDDP program and wishes to be declared indigent, must submit current documentation as set forth in subsection (l)(4).
m) Reciprocity with Other States. The Secretary will honor the BAIID requirements imposed by other states on Illinois drivers and drivers licensed in other states, for offenses committed in other states, and will reciprocate other states' recognition of BAIID requirements imposed by Illinois on drivers licensed in Illinois, or licensed in other states for offenses committed in Illinois.
**History**
- *Source: Amended at 44 Ill. Reg. 14243, effective August 19, 2020*
##### **92 Ill. Adm. Code 1001.450** New Hearings {#sec-1001.450 omnilex-key=us-il-regs-official--title-92--1001.450}
a) Relief Denied. If a petitioner is denied relief after a formal hearing conducted pursuant to Subpart A, either for cause (including the failure to satisfy the requirements to obtain a restricted driving permit within the time allowed) or upon default, another formal hearing will not be held regarding the same relief requested at the last hearing until at least 90 calendar days have elapsed since the date of the hearing. Furthermore, a request for another formal hearing will not be accepted for 30 days from the date of the last hearing. A petitioner who is denied relief after a formal hearing must wait 30 calendar days before presenting himself or herself for an informal hearing on a petition for the same relief requested at the formal hearing.
b) Decision Pending. The Department will not accept a request for a hearing from a petitioner or a party requesting a hearing to contest an action taken by a department of the Secretary of State while a decision is pending on a hearing regarding the same issue or issues.
**History**
- *Source: Amended at 31 Ill. Reg. 6185, effective May 1, 2007*
##### **92 Ill. Adm. Code 1001.460** Requests for Modification of Revocations and Suspensions {#sec-1001.460 omnilex-key=us-il-regs-official--title-92--1001.460}
a) No Rescission. Revocations and suspensions will not be rescinded, except as provided by law or rule. Mandatory revocations and suspensions cannot be reduced or modified in any way, except as provided in subsections (e) and (g).
b) Modification Limited. Suspension periods are set by Department of Driver Services rule (see 92 Ill. Adm. Code 1040) to apply equally to all persons.
c) Modification Defined; Disqualifying Factors. For purposes of this Section, modification means that a discretionary revocation may be reduced to a 12 month suspension, a reduction in the length of a suspension, or the termination of a suspension on or by a specific date, or as soon as the termination can be processed by the Secretary of State. The following factors disqualify a petitioner from being considered for modification:
1) Prior fatal or Type A injury collisions with a disposition (either court supervision or conviction) for a citation issued in conjunction with or as a result of the collisions, within 2 years prior to the date of the hearing. For purposes of this subsection (c)(1), a "Type A Injury" is as defined in IVC Section 11-501.6(g);
2) A prior suspension under the Illinois Safety Responsibility Law [625 ILCS 5/Ch. 7] within 2 years prior to the date of the hearing;
3) A disposition for any moving violations within 6 months prior to the date of the hearing;
4) A revocation or suspension of driving privileges for any moving violations within 5 years prior to the date of the hearing;
5) The record of the proceeding contains credible evidence that the petitioner's conduct, for which his or her driving privileges are suspended or revoked, resulted in the petitioner being charged with a felony.
d) Factors Considered in Petitions for Modification of Discretionary Revocations and Suspensions. Modification may be granted for good cause shown. "Good cause" means that the petitioner has the burden of showing why an exception should be made to serving the full term of a revocation or suspension. If the petitioner shows good cause, then consideration for modification may be given to a petitioner under the conditions listed in this subsection, but the petitioner also is allowed to submit other considerations for modification.
1) Extent of Petitioner's Culpability. The Secretary will consider the petitioner's intent, knowledge, conduct and role in the facts of the event that resulted in the revocation or suspension of his or her driving privileges, and the attitude exhibited by the petitioner prior to and/or at the hearing.
A) In regard to a suspension entered pursuant to IVC Section 6-206(a)9, this means that the petitioner is able to present credible evidence that he or she did not have a specific intent to provide false information on an application for a driver's license or driving permit.
B) In regard to a suspension entered pursuant to IVC Section 6-206(a)10, this means that the petitioner is able to provide credible evidence that he or she did not use alcohol or other drugs and that there was no reasonable potential for the petitioner to use alcohol or other drugs while in the possession of a driver's license or identification card issued to another person. Furthermore, the petitioner must be able to show a credible and legitimate reason for being in possession of someone else's driver's license or identification card.
C) In regard to a suspension entered pursuant to IVC Section 6-206(a)14, this means that the petitioner is able to present credible evidence that he or she has cooperated with law enforcement authorities in the investigation, apprehension and/or prosecution of persons for violations of the Illinois Vehicle Code, particularly those related to underaged drinking or the possession, display, use, attempted use, distribution or manufacture of fraudulent or fictitious driver's licenses, permits or identification cards not issued to the petitioner.
2) The seriousness of the offense and the petitioner's attitude (acceptance of responsibility, expressions of genuine remorse, etc.).
3) The petitioner must be able to demonstrate, by clear and convincing evidence, that he or she is at low risk of repeating his or her behavior in the future. The Secretary reserves the discretion to require the petitioner to satisfy the requirements of this Subpart D if there is evidence that the petitioner may be a user of alcohol or any other drugs to a degree that renders the petitioner incapable of safely driving a motor vehicle, as a condition of modifying the suspension or averting a cancellation of the petitioner's driving privileges;
4) The early termination of a suspension will be considered when, in addition to satisfying the other conditions of this subsection (d), the petitioner also provides a compelling justification or mitigating circumstances that warrant the early termination.
e) Rescission, Termination or Modification of Revocations Entered Pursuant to IVC Section 6-205(a)16.
1) Petitions to rescind, terminate or modify a revocation entered pursuant to IVC Section 6-205(a)16 are considered at a formal hearing (see 625 ILCS 5/2-118);
2) In order for a revocation to be rescinded, the petitioner must prove that his or her conduct was not the proximate cause of the death;
3) The Secretary will apply the criteria in subsections (c) and (d) in deciding whether to modify or terminate a revocation;
4) Modification or termination will not be granted unless the petitioner presents a certificate of completion of any driver remedial or rehabilitative program.
f) Limitations on the Terms of Modification of Discretionary Revocations and Discretionary Suspensions. A discretionary revocation may only be reduced to a 12 month suspension. However, a discretionary revocation shall not be reduced to a 12 month suspension and then the suspension reduced. A discretionary suspension may be reduced by no more than 6 months, unless it is terminated. A discretionary suspension shall be terminated only under the most compelling circumstances and in the interest of fairness and justice, except as provided in subsection (g).
g) Credit for Out-of-State or Military Offenses. Credit may be given to Illinois licensed drivers if they commit an offense or engage in conduct outside the State of Illinois or on a military base that results in revocation or suspension of their out-of-state or military base driver's license and driving privileges and that is entered prior to their Illinois driver's license being suspended or revoked pursuant to IVC Section 6-206(a)(6) or (a)(24) for the same or a substantially similar offense. In order to be eligible to receive credit for the time spent suspended or revoked out-of-state or on a military base prior to being suspended or revoked in Illinois, the petitioner must demonstrate either that the prior suspension or revocation created a previous undue hardship as it pertains to hardships recognized under this Part or that the petitioner resided temporarily in the other state or military base prior to his/her Illinois driver's license being suspended or revoked in Illinois. The credit shall be given against the Illinois suspension or revocation for the same length of time actually served on the out-of-state or military suspension or revocation prior to the effective date of the Illinois suspension or revocation. A discretionary revocation will be modified to a suspension and terminated early, or the date of eligibility for reinstatement of Illinois driving privileges shall be advanced.
**History**
- *Source: Amended at 40 Ill. Reg. 834, effective December 31, 2015*
##### **92 Ill. Adm. Code 1001.465** Cancellation of Driving Privileges; Hearing to Contest and Show Cause Hearing {#sec-1001.465 omnilex-key=us-il-regs-official--title-92--1001.465}
a) 14 Day Notice of Cancellation or Denial. The Secretary of State reserves the discretion to enter an order cancelling or denying the driving privileges of any person or petitioner, pursuant to IVC Sections 6-103, 6-108, 6-207 and/or 6-201(a), if the Secretary obtains specific, credible evidence that gives reasonable grounds to believe that the person or petitioner presents an imminent threat to the public safety and welfare or is a user of alcohol or any other drug to a degree that renders the person incapable of safely driving a motor vehicle (see Section 6-103.4), or is otherwise not in compliance with the rules of the Secretary. The cancellation or denial will be effective 14 days after a letter of notification and the Order of Cancellation or Denial is sent to the petitioner or person whose driving privileges are being cancelled. The Order of Cancellation or Denial will state the grounds for the cancellation and inform the petitioner or person of the right to contest the Order.
1) If a petition to contest is received or postmarked prior to the effective date of the Order of Cancellation or Denial, the cancellation shall be stayed pending the outcome of the hearing to contest.
2) If a petition is received and filed within 60 days after the effective date of the Order of Cancellation or Denial, the cancellation shall remain in effect pending the outcome of the hearing.
3) If a petition to contest is received more than 60 days after the effective date of the Order of Cancellation or Denial, then the Order of Cancellation or Denial shall remain in effect and a hearing to contest shall not be granted.
b) Show Cause Hearing. The Secretary of State reserves the discretion to require any person or petitioner to show cause why driving privileges should not be cancelled or denied, pursuant to IVC Sections 6-103, 6-108, 6-207 and/or 6‑201(a), if the Secretary obtains specific, credible evidence that gives reasonable grounds to believe that the person or petitioner may present an imminent threat to the public safety and welfare or may be a user of alcohol or any other drug to a degree that renders the person incapable of safely driving a motor vehicle (see IVC Section 6-103.4), or might otherwise not be in compliance with the rules of the Secretary.
1) The person or petitioner will be issued a Notice to Show Cause, at the last known address, in the manner provided by statute and the rules of the Secretary of State. The Notice will specify the time, date and location of the hearing at which the person or petitioner will be required to show cause.
2) The failure of the person or petitioner to respond to the Notice to Show Cause will be processed as a default and will result in the entry of an Order of Cancellation.
c) Alcohol/Drug Related Cases. If the proposed cancellation or denial is based upon evidence that the person or petitioner may be a user of alcohol or any other drug to a degree that renders that person or petitioner incapable of safely driving a motor vehicle, the person or petitioner must satisfy the requirements of this Subpart D in order for the cancellation to be terminated or to be issued any further driving relief (see IVC Section 6-103.4).
d) All hearings conducted pursuant to this Section shall be conducted as formal hearings under IVC Section 2-118.
e) The driving privileges of a restricted driving permit holder whose alcohol/drug use was classified as High Risk Dependent shall not be cancelled based only on BAIID violations that show the permittee has failed to maintain abstinence.
**History**
- *Source: Amended at 45 Ill. Reg. 14985, effective November 12, 2021*
##### **92 Ill. Adm. Code 1001.470** Renewal, Correction and Cancellation of Rdps {#sec-1001.470 omnilex-key=us-il-regs-official--title-92--1001.470}
a) The holder of an RDP that was granted as a result of a formal hearing decision, excluding BMO RDPs, if still valid or expired for 30 days or less, may apply to renew a RDP through an informal hearing, using the procedures set forth in Subpart C and providing all documentation required in Subpart D in cases which are alcohol/drug related. To avoid any lapse in holding a valid BMO RDP a hearing to renew the BMO RDP, either formal or informal, must take place prior to the expiration date of the BMO RDP. A BMO RDP may not be renewed at an informal hearing if a monitor report indicated there were BAIID violations while driving on the RDP for which an explanation was not provided to the BAIID Division that reasonably assured the Division that a violation did not occur. A lapse in holding a valid BMO RDP shall not result in the restart of the BAIID 1,826 day period, if the BMO permittee keeps the BAIID installed, but the BMO permittee must remain on a RDP until the petitioner has completed five full years on a BMO RDP.
b) Petitioners who are required to apply for relief at a formal hearing, or who choose to apply for relief at a formal hearing and who are issued an RDP, may apply for additional RDPs for different purposes at informal hearings. Additionally, petitioners who are issued one type of RDP but denied another type of RDP at a formal hearing may apply for the denied type of RDP at an informal hearing upon a showing of a relevant change of circumstances.
c) Corrected RDPs will be issued to make necessary changes to the information on an RDP if the changes are documented and verified. Corrected RDPs will expire on the same date as the original permit.
d) RDPs will be cancelled or invalidated pursuant to Sections 6-103, 6-113, 6-201, 6-205(a), and 6-206(a) of the Code. The Secretary of State reserves the authority to cancel any restricted driving permits previously issued to a petitioner when the preponderance of the evidence taken at a subsequent hearing demonstrates that the petitioner can no longer be considered a low risk to repeat the past abusive behavior and be a safe and responsible driver, has regressed in the recovery from an alcohol/drug problem, or otherwise in any way is no longer in compliance with the standards specified in this Subpart D.
**History**
- *Source: Amended at 45 Ill. Reg. 14985, effective November 12, 2021*
##### **92 Ill. Adm. Code 1001.480** Unsatisfied Judgment Suspensions {#sec-1001.480 omnilex-key=us-il-regs-official--title-92--1001.480}
a) A hearing is not necessary where the judgment has been satisfied, or stayed by court order, or become unenforceable under Sections 12-108, 2-1601, and 13-218 of the Code of Civil Procedure [735 ILCS 5/2-1601, 12-108, and 12-218]. A certified or file stamped copy of the release, stay order, or half-sheet or docket sheet shall be filed with the Safety and Financial Responsibility Division of the Department of Driver Services, 2701 S. Dirksen Parkway, Springfield, Illinois.
b) If the judgment has not been satisfied or stayed by court order, nor become unenforceable, no relief will be granted by the Secretary of State's Office.
**History**
- *Source: Amended at 26 Ill. Reg. 9380, effective June 13, 2002*
##### **92 Ill. Adm. Code 1001.485** Reinstatement Application Based Upon Issuance of Drivers License in a State Which Is a Member of the Driver License Compact {#sec-1001.485 omnilex-key=us-il-regs-official--title-92--1001.485}
a) A petitioner whose license is revoked in Illinois, is issued full driving privileges by a state that is a member of the Driver License Compact, and who requests reinstatement based upon that fact must request a hearing to apply for reinstatement to determine whether the license was properly issued.
b) In determining whether the license was properly issued by the member state, the following factors shall be in issue:
1) whether one year has passed from the effective date of the revocation;
2) whether the petitioner disclosed to the issuing state that the individual's privileges were withdrawn by the State of Illinois at the time of the application for the license in the other state;
3) whether the issuing state verified eligibility with the National Driver Register;
4) whether Illinois issued a clearance authorization indicating that the petitioner is eligible for full driving privileges in Illinois;
5) whether the issuing state complied with all other requirements of the Driver License Compact;
6) such other issues as may be deemed relevant at the hearing.
c) The burden of proof is upon the petitioner who must show by clear and convincing evidence that the license was properly issued by the member state. Proof shall consist of the appropriate documents certified by the other state or jurisdiction.
d) If the petitioner cannot show that the license was properly issued by the member state, then prior to any reinstatement of driving privileges, all of the provisions of this Part 1001 are applicable and must be complied with.
**History**
- *Source: Amended at 26 Ill. Reg. 9380, effective June 13, 2002*
##### **92 Ill. Adm. Code 1001.490** Invalidity {#sec-1001.490 omnilex-key=us-il-regs-official--title-92--1001.490}
If any portion of this Subpart shall be held by a court of competent jurisdiction to be invalid, such holding shall not affect the remaining portions.
**History**
- *Source: Amended at 26 Ill. Reg. 9380, effective June 13, 2002*
##### **92 Ill. Adm. Code 1001.500** Applicability {#sec-1001.500 omnilex-key=us-il-regs-official--title-92--1001.500}
This Subpart shall apply to all formal hearings conducted pursuant to the Illinois Vehicle Code relating to the cancellation, denial, or restriction of driving privileges of the Petitioner as the result of a determination by the medical review panel as provided in 92 Ill. Adm. Code 1030.16. Prior to a determination by a medical review panel, no person shall have a right to a formal medical hearing with the Secretary of State.
**History**
- *Source: Added at 17 Ill. Reg. 8528, effective June 1, 1993*
##### **92 Ill. Adm. Code 1001.510** Definitions {#sec-1001.510 omnilex-key=us-il-regs-official--title-92--1001.510}
"Board" means the Illinois Medical Advisory Board appointed by the Secretary pursuant to Section 6-902 of the Driver License Medical Review Law of 1992 (625 ILCS 5/6-902).
"Board Member" means an Illinois Medical Advisory Board member.
"Chairperson" means the chairperson of the Illinois Medical Advisory Board.
"Medical Review Panel" means a panel of three board members selected by the chairperson who, at the request of a Petitioner, review a board member's initial determination regarding the issuance of driving privileges. See 92 Ill. Adm. Code 1030.16. This review is required prior to the Petitioner being eligible to apply for a formal medical hearing under this Subpart E.
"Secretary" means the Illinois Secretary of State.
**History**
- *Source: Added at 17 Ill. Reg. 8528, effective June 1, 1993*
##### **92 Ill. Adm. Code 1001.520** Procedure {#sec-1001.520 omnilex-key=us-il-regs-official--title-92--1001.520}
Hearings held under this Subpart shall be conducted in accordance with all of the rights, privileges, and procedures as set forth in Subpart A of this Part (92 Ill. Adm. Code 1001.Subpart A), except as otherwise provided for in this Subpart E.
**History**
- *Source: Added at 17 Ill. Reg. 8528, effective June 1, 1993*
##### **92 Ill. Adm. Code 1001.530** Conduct of Medical Formal Hearings {#sec-1001.530 omnilex-key=us-il-regs-official--title-92--1001.530}
a) Due to the confidentiality of the evidence involved in these hearings, they are not open to the public and the evidence obtained and any order entered shall not be available to the public.
b) These hearings shall be conducted in Chicago or Springfield, depending upon the convenience of the hearing committee members and the Petitioner.
c) No board member shall be subject to depositions, interrogatories, or subpoena. All documents used by any board member in making a determination shall be made available, however, upon request by the Petitioner, if it is relevant to the issues to be decided at the formal medical hearing.
d) No prehearing conference will be allowed prior to the date of the hearing.
e) The burden of proof rests with the Petitioner to show by clear and convincing evidence that driving privileges should be granted.
f) Every hearing shall be conducted by a hearing committee which shall consist of:
1) A hearing officer who will preside over the hearing and perform the following duties:
A) Inform the Petitioner of the purpose of the hearing.
B) Inform the Petitioner of the scope of relevant medical issues which were determined by the medical review panel.
C) Read into the record the entries contained in the Petitioner's driving abstract.
D) Rule on motions, the admissibility of evidence, and determine all other nonmedical related issues pending before the hearing committee.
2) Three (3) members of the board, who shall be selected by the chairperson or his/her designee, based upon the member's expertise or specialty in the field of medicine at issue. These members shall determine all medical related issues pending before the committee, based upon the medical criteria found in 92 Ill. Adm. Code 1030.18.
g) The hearing shall proceed in the following manner:
1) The hearing officer will introduce the individual members of the hearing committee.
2) The hearing officer will explain the scope of the medical issues and read into the record the contents of the petitioner's driving abstract.
3) The Petitioner will be allowed to present evidence in the form of documents and/or testimony consistent with the scope of the hearing.
4) The hearing committee members will be allowed to ask questions of the petitioner and/or any witnesses regarding the medical evidence presented. The hearing officer may ask questions concerning procedural and other matters as he/she deems necessary.
5) At the conclusion of the Petitioner's evidence and questioning by the hearing committee, the Petitioner will be allowed to make a closing statement.
6) After any closing statement, the hearing committee shall render a decision regarding the issues presented, in whole or in part, except that the matter may be taken under advisement to review pertinent evidence.
h) After the hearing, the hearing committee shall prepare a written report which shall include findings of fact, conclusions of law, recommendations of the hearing committee, and the order of the Secretary.
1) The hearing officer shall, with the aid of the board members, prepare the findings of fact, conclusions of law, recommendations to the Secretary, and a proposed order of the Secretary, based upon the recommendations of the board members regarding the medical issues.
2) The Secretary will then enter an order following the majority recommendations of the board members selected pursuant to subsection (f)(2) above. This order will be a final, appealable administrative order within the meaning of the Administrative Review Law [735 ILCS 5/3-101 et seq.].
i) The Office shall send a copy of the written report to the Petitioner and any attorney of record.
**History**
- *Source: Added at 17 Ill. Reg. 8528, effective June 1, 1993*
##### **92 Ill. Adm. Code 1001.540** Subsequent Hearings {#sec-1001.540 omnilex-key=us-il-regs-official--title-92--1001.540}
If a petitioner is denied the relief requested at a formal medical hearing, another such hearing will not be granted unless the petitioner's case is again reviewed by the medical review panel after the submission of new evidence.
**History**
- *Source: Added at 17 Ill. Reg. 8528, effective June 1, 1993*
##### **92 Ill. Adm. Code 1001.600** Applicability {#sec-1001.600 omnilex-key=us-il-regs-official--title-92--1001.600}
The hearings referred to in this Subpart F are conducted pursuant to Section 2-118 of the Illinois Vehicle Code, the authority granted to the Secretary of State in Section 11-501.8(e) of the Code, and this Part.
**History**
- *Source: Amended at 31 Ill. Reg. 6185, effective May 1, 2007*
##### **92 Ill. Adm. Code 1001.610** Definitions {#sec-1001.610 omnilex-key=us-il-regs-official--title-92--1001.610}
All of the definitions contained in Subparts A, C, and D shall apply where applicable.
"Drugs" means drugs as defined in Section 3 of the Pharmacy Practice Act of 1987 [225 ILCS 85/3].
"Independent source" means a parent, legal guardian, person in loco parentis, spouse, roommate of the petitioner, or member of the clergy or the religious organization in question, all of whom must have firsthand knowledge of the matters verified.
"Medical or pharmacological expert" means a person licensed under the Medical Practice Act of 1987 [225 ILCS 60], or similar law of another jurisdiction, to practice medicine in all of its branches, or a person licensed under Section 3 of the Pharmacy Practice Act of 1987 [225 ILCS 85/3], or similar law of another jurisdiction, or any laboratory certified by the Illinois Department of Public Health pursuant to 77 Ill. Adm. Code 510.120, or any person certified by either the American Board of Forensic Toxicology or the American Board of Toxicology.
"Medicine" means and includes all drugs intended for human use approved by the United States Food and Drug Administration.
"Recommended dosage" means the strength, quantity and frequency of use of the medicine as recommended by a medical or pharmacological expert, or as set forth by the label directions or other packaging information for over-the-counter medicines.
"Religious service or ceremony" means the coming together of a group of persons with the same or similar religious beliefs for the purpose of exercising those beliefs.
**History**
- *Source: Amended at 24 Ill. Reg. 19257, effective December 15, 2000*
##### **92 Ill. Adm. Code 1001.620** Burden of Proof {#sec-1001.620 omnilex-key=us-il-regs-official--title-92--1001.620}
The petitioner carries the burden of proof at all proceedings brought pursuant to Section 11‑501.8 of the Code. The standard of proof is by the preponderance of the evidence, except as set forth in Section 1001.650 of this Subpart F. The petitioner must carry this burden of proof on each and every issue contested at the implied consent hearing.
**History**
- *Source: Added at 19 Ill. Reg. 6667, effective May 1, 1995*
##### **92 Ill. Adm. Code 1001.630** Implied Consent Hearings; Religious Exception {#sec-1001.630 omnilex-key=us-il-regs-official--title-92--1001.630}
A petitioner who asserts that his/her alcohol concentration of more than 0.00 was the result of his/her consumption of alcohol in the performance of a religious service or ceremony must prove at a minimum:
a) the attendance of, and the petitioner's use of alcohol at, a religious service or ceremony within a reasonably recent period of time before the issuance of the traffic citation which led to the request to submit to the chemical test; the type and amount of alcohol consumed by the petitioner at the religious service or ceremony; the time and location of the service or ceremony; and whether the petitioner consumed any other alcohol prior to or after the religious service or ceremony. The evidence on these matters must be submitted in the form of written verification or testimony from at least two (2) independent sources. The petitioner's self-report will not be considered dispositive; and
b) that alcohol is used in the regular course of the type of religious service or ceremony attended by the petitioner; the purpose of the alcohol in the religious ritual; the type and amount of alcohol regularly used at said service or ceremony.
The evidence on these matters must be submitted in the form of written verification or testimony from a member of the clergy or the governing body of the religious denomination whose service or ceremony the petitioner claims he/she had attended before the issuance of the traffic citation.
**History**
- *Source: Added at 19 Ill. Reg. 6667, effective May 1, 1995*
##### **92 Ill. Adm. Code 1001.640** Implied Consent Hearings; Medical Exception {#sec-1001.640 omnilex-key=us-il-regs-official--title-92--1001.640}
a) A petitioner who asserts that his/her alcohol concentration of more than 0.00 was the result of his/her ingestion of medicine that contained alcohol which was prescribed or recommended by a person licensed to prescribe or distribute medications must prove at a minimum:
1) that the medicine was ingested within a reasonably recent period of time before the issuance of the traffic citation which led to the request to submit to the chemical test and that the medicine was ingested according to the prescribed or recommended dosage. The evidence on these matters may be submitted in the form of the petitioner's self-report. However, if the medicine was prescribed or recommended to be ingested over an extended period of time, in other words, for more than two (2) days, then the evidence of the petitioner's ingestion of the medicine must be submitted in the form of written verification or testimony from at least one (1) independent source; and
2) that the medicine ingested by the petitioner was prescribed or recommended by a person properly licensed to prescribe medications; that the medicine was prescribed or recommended to the petitioner; that the medicine was prescribed or recommended to the petitioner at the time of the issuance of the traffic citation which led to the request to submit to the chemical test; the prescribed or recommended dosage for the petitioner; the alcohol content of the dosage; and the duration of the prescription and/or the time frame within which the medicine was prescribed or recommended. The evidence on these matters must be submitted in the form of written verification or testimony from the person who prescribed or recommended the medicine to the petitioner.
b) A petitioner who asserts that his/her alcohol concentration of more than 0.00 was the result of his/her ingestion of over-the-counter medicine that contained alcohol and was not prescribed or recommended by a person licensed to prescribe or distribute medications must prove:
1) why the petitioner was using the medication at the time in question; that the ingestion of the medicine was consistent with the recommended dosage stated on the packaging label and other information which is enclosed with the medicine; and that the medicine was ingested within a reasonably recent period of time before the issuance of the traffic citation which led to the request to submit to the chemical test. The evidence on these matters may be submitted in the form of the petitioner's self-report; and
2) what the recommended dosage was; and the alcohol content of the recommended dosage. The evidence on these matters must, at a minimum, be submitted in the form of copies of the packaging label and other information enclosed with the medicine at issue.
**History**
- *Source: Added at 19 Ill. Reg. 6667, effective May 1, 1995*
##### **92 Ill. Adm. Code 1001.650** Rebuttable Presumption {#sec-1001.650 omnilex-key=us-il-regs-official--title-92--1001.650}
a) It is presumed that any petitioner who registers a BAC which is 0.02 or more, at the time of the arrest in question, will not be considered as an exception under paragraph (e) of Section 11-501.8 of the Code. Any petitioner who claims the religious or medical exception under these circumstances must rebut the presumption with clear and convincing evidence.
b) Such evidence shall include, but not be limited to, the following:
1) the evidentiary requirements of Sections 1001.630 and 1001.640 of this Subpart F; and
2) written verification or testimony from a medical or pharmacological expert which must include, at a minimum, the following information:
A) what, if any, alcohol concentration the alcohol, used in a religious ceremony, or medicine, taken in its prescribed or recommended dosage, would produce in the petitioner's blood or breath within the time frame of first ingestion to the time of the taking of the BAC test, given the petitioner's body weight at the time of the issuance of the traffic citation; and
B) given the BAC reading of the petitioner following the arrest in question, what dosage or amount of alcohol/medicine would have to be ingested by the petitioner to achieve such a reading; and
C) how the expert determined or formulated the above opinions, i.e., what formulae, treatises, or other sources were used.
c) In determining if the petitioner presented clear and convincing evidence to rebut the presumption that the exception does not apply, the Secretary will consider all of the evidence presented as well as treatises and reference manuals used and/or written by forensic scientists on the subject of the pharmacological and toxicological aspects of the ingestion of ethyl alcohol.
**History**
- *Source: Added at 19 Ill. Reg. 6667, effective May 1, 1995*
##### **92 Ill. Adm. Code 1001.660** Alcohol and Drug Education and Awareness Program {#sec-1001.660 omnilex-key=us-il-regs-official--title-92--1001.660}
a) Prior to consideration of the issuance of an RDP, any one whose driving privileges and driver's license are suspended under IVC Section 11-501.8 must complete the Secretary of State alcohol/drug education awareness program (program), and successfully complete a questionnaire prepared by the Secretary of State.
b) The program content will be set out in a Secretary of State publication (publication) which shall include, but not be limited to, information regarding the following areas:
1) The Zero Tolerance law and its effect upon driving privileges;
2) The DUI law and its effect upon driving privileges;
3) Other laws relating to the use/possession of alcohol by those under the age of 21;
4) Alcohol as a drug;
5) Effects of alcohol and drugs on drivers, with emphasis on the youthful driver;
6) Social processes that influence drinking;
7) Physiological and pharmacological effects of alcohol and other drugs including their residual impairment on normal levels of driving performance;
8) Statistics regarding crashes involving alcohol/drugs;
9) Prevention of alcohol/drug related problems;
10) Other areas deemed appropriate.
c) The publication may be obtained from the Secretary of State website or by contacting the Secretary of State, Department of Administrative Hearings, in advance of the hearing. The publication will be sent to the petitioner, who must review it prior to any hearing for an RDP.
d) Prior to the hearing for an RDP, the petitioner will be required to complete a questionnaire. It will contain questions regarding information contained in the publication, and any other information deemed appropriate by the Secretary. The questions forming the questionnaire will be selected from a pool of questions, and will be changed from time to time. The petitioner must answer 75% of the questions correctly in order to successfully complete the questionnaire.
e) Driving relief will not be granted until the petitioner successfully completes the questionnaire. If the petitioner does not successfully complete it, the petitioner must review the publication and may retake the questionnaire no sooner than the following day.
f) Once the petitioner successfully completes the questionnaire, the hearing for the RDP will proceed as in any other hearing for an RDP.
**History**
- *Source: Amended at 40 Ill. Reg. 834, effective December 31, 2015*
##### **92 Ill. Adm. Code 1001.670** Petitions for Restricted Driving Permits {#sec-1001.670 omnilex-key=us-il-regs-official--title-92--1001.670}
a) Investigative Evaluation Required. Notwithstanding other provisions of this Part, petitioners who apply for an RDP pursuant to IVC Section 11-501.8(e) of the Code must submit to an investigative alcohol/drug evaluation, as defined in Section 1001.410 of this Part, as part of the Secretary's investigative process, when the evidence shows that:
1) the petitioner, on any occasion, submitted to a chemical test or preliminary breath test and registered an alcohol concentration between 0.04 and 0.08, or failed a test for the presence of other drugs; or
2) the petitioner may be a user of alcohol or any other drug to a degree which renders him/her incapable of safely driving a motor vehicle (see IVC Section 6-103.4); or
3) the petitioner has multiple zero tolerance suspensions on his or her driving record (regardless of whether the petitioner took or refused the tests); or
4) the petitioner has a previous DUI disposition on his or her driving record, including one reported by the PDPS.
b) Uniform Report Required. Petitioners who apply for an RDP pursuant to IVC Section 11-501.8(e) must submit to an alcohol/drug evaluation uniform report, as defined in Section 1001.410 of this Part, as part of the Secretary's investigative process, when the evidence shows that:
1) the petitioner, on any occasion, submitted to a chemical test or preliminary breath test and registered an alcohol concentration of 0.08 or more, or failed a test for the presence of other drugs; or
2) the petitioner's driving record reflects a DUI disposition, as defined in Section 1001.400; or
3) the petitioner has multiple zero tolerance suspensions on his or her driving record (regardless of whether the petitioner took or refused the tests); or
4) the petitioner has a previous DUI disposition on his or her driving record, including one reported by the PDPS.
c) Rehabilitative Activity Required; Waiver. The petitioner is required to complete any recommended and/or required rehabilitative activity that pertains to the evaluation's classification of his/her use/abuse of alcohol/drugs or provide a written waiver thereof, prior to the issuance of any restricted driving permit.
**History**
- *Source: Amended at 40 Ill. Reg. 834, effective December 31, 2015*
##### **92 Ill. Adm. Code 1001.680** Form and Location of Hearings {#sec-1001.680 omnilex-key=us-il-regs-official--title-92--1001.680}
a) Formal Hearing Required to Contest Suspension. The implied consent hearings conducted pursuant to Section 11-501.8 of the Code (to contest the suspension) shall be conducted as formal hearings pursuant to Subpart A of this Part.
1) A request for an implied consent hearing conducted pursuant to Section 11-501.8 must be sent to one of the following four (4) locations:
A) Office of the Secretary of State, Dept. of Administrative Hearings, 17 North State Street, Suite 1200, Chicago, Illinois 60602, 312/793-3722.
B) Office of the Secretary of State, Dept. of Administrative Hearings, 54 North Ottawa Street, Joliet, Illinois 60432, 815/740-7171.
C) Office of the Secretary of State, Dept. of Administrative Hearings, Michael J. Howlett Bldg., Rm. 207, Springfield, Illinois 62756, 217/524-0124.
D) Office of the Secretary of State, Dept. of Administrative Hearings, 218 South 12th Street, Mount Vernon, Illinois 62864, 618/242‑8986.
2) The request must be in writing, preferably on a form supplied by the Secretary. In any event, it must contain, at a minimum, the petitioner's name, address, driver's license number, which of the above four locations would be preferred by the petitioner, and specify which issues the petitioner will raise at the hearing.
3) The hearing shall be held at a location designated by the Department. The factors that will be considered are, but not limited to: the venue of the citation issued; the location preferred by the petitioner; the location of the witnesses, including the police officer who issued the citation which led to the request to submit to the chemical test and the police officer who administered the test; the availability of a hearing location.
b) Petitions for Restricted Driving Permits. The hearings on petitions for restricted driving permits conducted pursuant to Section 11-501.8 of the Code may be conducted as formal hearings, pursuant to Subpart A of this Part, or as informal hearings, pursuant to Subpart C of this Part, according to the preference of the petitioner.
1) Petitioners are encouraged, however, to begin the hearing process with an informal hearing.
2) If the petitioner requests a formal hearing to obtain a restricted driving permit, said formal hearing shall be held at one of the four locations set forth in subsection (a)(1) of this Section as designated by the petitioner.
3) Such a hearing may only be held within 45 days after the date that the Secretary may issue a permit as provided in Section 6-208.2 of the Code.
4) Every petitioner is required to bring a copy of his/her sworn report evidencing the suspension to any informal hearing.
c) Hearings Conducted Separately. The implied consent hearings will be conducted separately from the hearings for restricted driving permits.
**History**
- *Source: Amended at 31 Ill. Reg. 6185, effective May 1, 2007*
##### **92 Ill. Adm. Code 1001.690** Invalidity {#sec-1001.690 omnilex-key=us-il-regs-official--title-92--1001.690}
If any provision of this Subpart is held by a court of competent jurisdiction to be invalid, such holding shall not affect the remaining portions hereof.
**History**
- *Source: Added at 19 Ill. Reg. 6667, effective May 1, 1995*
##### **92 Ill. Adm. Code 1001.700** Applicability {#sec-1001.700 omnilex-key=us-il-regs-official--title-92--1001.700}
This Subpart applies to the organization and implementation of the Motor Vehicle Review Board and to any hearing conducted pursuant to Section 12 of the Motor Vehicle Franchise Act, hereinafter referred to as the Act (815 ILCS 710). The Secretary shall act as the repository for all documents and records and as the clerk for the filing of all documents necessary for the hearing process involving the Act.
**History**
- *Source: Added at 20 Ill. Reg. 8328, effective June 12, 1996*
##### **92 Ill. Adm. Code 1001.710** Definitions {#sec-1001.710 omnilex-key=us-il-regs-official--title-92--1001.710}
"Act" means the Motor Vehicle Franchise Act [815 ILCS 710].
"Board" means the Motor Vehicle Review Board.
"Complainant" means the dealer/franchise requesting the hearing.
"Days" means, unless otherwise stated, calendar days when referring to a filing deadline.
"Manufacturer/distributor" means any person who manufacturers, assembles, distributes, or sells at wholesale under a franchise agreement five or more new motor vehicles within Illinois during the calendar year.
"Monitor" means a Board member, including the Chairperson, assigned to a specific case by the Chairperson for the purpose of reviewing all matters relevant to that case and making a recommendation to the Board as to the final disposition of the case.
"Motor vehicle" means any motor driven vehicle required to be registered under "The Illinois Vehicle Code". Beginning January 1, 2010, the term "motor vehicle" also includes any engine, transmission, or rear axle, regardless of whether it is attached to a vehicle chassis, that is manufactured for installation in any motor-driven vehicle with a gross vehicle weight rating of more than 16,000 pounds that is required to be registered under the Illinois Vehicle Code. [815 ILCS 710/2(a)].
"Party" means the Complainant or Respondent.
"Respondent" means the manufacturer/distributor allegedly violating the Act.
"Secretary" means the Secretary of State or the Secretary's duly appointed designee.
**History**
- *Source: Amended at 47 Ill. Reg. 10998, effective July 10, 2023*
##### **92 Ill. Adm. Code 1001.720** Organization of Motor Vehicle Review Board {#sec-1001.720 omnilex-key=us-il-regs-official--title-92--1001.720}
a) The Chairperson shall be the contact person with the administrative personnel of the Secretary in order to implement the provisions of the Act. The Chairperson may delegate the duties of the Board to the remaining members.
b) The selection by the Board of a Chairperson shall be done with the advice and consent of the Secretary.
**History**
- *Source: Added at 20 Ill. Reg. 8328, effective June 12, 1996*
##### **92 Ill. Adm. Code 1001.730** Motor Vehicle Review Board Meetings {#sec-1001.730 omnilex-key=us-il-regs-official--title-92--1001.730}
a) Annual Meetings
The annual meeting of the Board shall be held at a Secretary of State office or facility in Chicago or Springfield as determined by the Board Chairperson. In addition to those responsibilities set forth in the Act, the following shall be accomplished at the annual meeting, but not limited thereto:
1) Formally adopt this Subpart G as its regulations for the holding and conducting of hearings concerning all matters within its powers;
2) Determine the duties and responsibilities of the members, if necessary;
3) Adopt a tentative schedule of regular meetings for the year;
4) Identify issues to be addressed by the Secretary to help implement the Act, including a review of the current administrative rules and any suggested amendments thereto;
5) Determine if there are any suggested legislative changes to the Act for written submission to the Secretary.
b) Regular Meetings
1) The Board shall hold meetings throughout the year, at least quarterly, for the following purposes, but not limited thereto:
A) Reviewing notices of protest filed and determining the Hearing Officer and Member to be assigned;
B) Reviewing recommendations from hearing officers and exceptions and briefs filed by the parties;
C) Issuing of final orders; and
D) Identifying issues that should be addressed at the next annual meeting.
2) The regular meetings may be held in person, or by other electronic means at the discretion of the Board Chairperson, in compliance with 5 ILCS 120/2.01 and 5 ILCS 120/7, and shall originate at an office or a facility of the Secretary in either Chicago or Springfield. Information regarding meeting schedules and agendas can be found here: https://www.ilsos.gov/departments/administrative_hearings/mvrb.html.
c) Public Comment
Any person shall be permitted an opportunity to address the Board regarding only the items on the meeting agenda.
1) At the start of each meeting, the Board Chairperson shall ask if any person wishes to address the Board during the public comment period. At that time, any person wishing to address the Board subject to the Open Meetings Act [5 ILCS 120/2.06], must state their name and the agenda item they wish to address publicly in a short statement.
2) The Board Chairperson shall allow each person an amount of time, up to three minutes, to address the Board. Should comments be made relating to topics not on the agenda, those statements shall be stricken from the record and that person shall yield the floor immediately. Should the person utilize more time than allowed, the Board Chairperson may move to strike that person's comments from the record. If a new agenda item is placed on the agenda during a meeting, additional time for public comment will be granted for that new item.
3) A person may request additional time to address the Board at the conclusion of their allotted time. The Board shall then vote whether to extend the person's allotted time to speak in five-minute increments, or if the Board shall proceed to the existing agenda.
4) Without explicit motion made and passed by the Board for extension of time for public comment, the public comment period shall not exceed 15 minutes.
5) Should no persons indicate a desire to address the Board during the public comment period of the meeting, the Board Chairperson shall declare the public comment period as closed and the Board shall proceed, uninterrupted, to the agenda.
**History**
- *Source: Amended at 49 Ill. Reg. 1323, effective January 15, 2025*
##### **92 Ill. Adm. Code 1001.740** Board Fees {#sec-1001.740 omnilex-key=us-il-regs-official--title-92--1001.740}
a) Annual compensation for Board members shall be as follows:
1) The Chairperson: $25,000;
2) The remaining members: $20,000.
b) All travel and other necessary expenses incurred by the members while performing official duties will be paid according to the State of Illinois Travel Regulations, promulgated by the Illinois Travel Regulation Council, and the Secretary of State Travel Control System, promulgated by the Secretary of State Travel Control Board. The members shall submit a detailed voucher at the end of each month setting forth the date, amount and the purpose of the expenditure and attach necessary receipts. Said voucher may be the same voucher submitted for compensation.
c) All clerical, secretarial, office space, postage, equipment and other material needed to conduct business under the Act will be arranged by the Secretary.
**History**
- *Source: Added at 20 Ill. Reg. 8328, effective June 12, 1996*
##### **92 Ill. Adm. Code 1001.750** Notice of Protest {#sec-1001.750 omnilex-key=us-il-regs-official--title-92--1001.750}
a) A Notice of Protest from a complainant must be in writing and contain at a minimum the following information:
1) Name, address, and dealer license number of the complainant;
2) Name and address of the respondent;
3) Name and address of any other dealer/franchise involved;
4) The Sections of the Act allegedly violated;
5) A brief description of the facts supporting the complainant's position;
6) A copy of any documents received from the respondent and any documents sent by the complainant to the respondent or other dealer/franchise involved in the protest;
7) The date notified in writing by the manufacturer of the proposed action; and
8) The date of the most recent franchise or service agreement between the dealer and the manufacturer.
b) In determining if the notice has been timely filed, the postmark shall control if mailed; if hand delivered, the date of delivery as evidenced by a Secretary receipt stamp mark; if faxed, the date of the fax.
c) At the time of filing, the complainant must submit one original and four copies of the Notice of Protest in any one of the following ways: mailed or delivered to the Illinois Secretary of State, Room 200, Howlett Building, Springfield, Illinois, 62756; mailed or delivered to the Illinois Secretary of State, Room 1200, 17 N. State, Chicago, Illinois, 60602; or faxed to the Springfield office at (217) 524-1561.
d) Before a hearing will be held on the Notice of Protest, both the complainant and respondent must file an appearance with the hearing officer and provide evidence that the fees prescribed in Section 1001.790 were paid to the Board.
**History**
- *Source: Amended at 47 Ill. Reg. 10998, effective July 10, 2023*
##### **92 Ill. Adm. Code 1001.760** Hearing Procedures {#sec-1001.760 omnilex-key=us-il-regs-official--title-92--1001.760}
a) Receipt of a Notice of Protest shall be handled as follows:
1) Any Notice of Protest received by the Secretary will be sent to the Chairperson, who shall review the notice to see if it has been timely filed, complies with Section 1001.750, and falls under the purview of the Act. A copy shall also be sent to the respondent.
2) If the notice meets all of the above requirements:
A) The Chairperson will assign a monitor and a hearing officer to the case. The hearing officer will be selected from a list of possible hearing officers supplied by the Secretary. The selection shall be made on a rotating basis taking into consideration the expertise and qualifications needed for each case.
B) The Chairperson will have the Secretary enter an order setting the date, time, and place of the hearing. This date must be within 60 days after the date of the order. The hearing will be held at a location determined by the Secretary. Any motion to dismiss or strike the Notice of Protest must be filed within 21 days after the date of receipt of the order setting the hearing.
C) The hearing officer may continue the hearing date more than 90 days after the date of the Board's initial order scheduling the hearing only if the parties agree to the continuance and the hearing officer finds that, due to the complexity of the issues involved, a meaningful hearing could not be held before then.
D) The hearing officer will ensure that the fees required by Section 1001.790(a), have been paid by both the complainant and the respondent or, if not paid, enter a judgment for fees accordingly.
3) If the notice does not meet all of the requirements of subsection (a)(1), the Chairperson will have the Secretary notify the complainant and the respondent of the defect and no hearing will be set.
4) If the Chairperson determines that the Notice of Protest does not fall under the purview of the Act in that the alleged violation is not under the Act or that an exception under the Act applies:
A) The complainant will be so notified and given 14 days to respond. If no response is received within that time, the Chairperson shall cause a summary order to be entered denying the relief requested, which shall be a final, appealable order.
B) If a response is received, as provided in Section 1001.750, copies of the file will be given to each Board member who will review the matter and recommend to the Chairperson whether there appears to be a reasonable possibility that a violation of the Act occurred.
i) If a majority of the Board determines that there is such a reasonable possibility, a hearing shall be scheduled.
ii) If a majority of the Board determines that there is not such a reasonable possibility, the Chairperson shall cause a summary order to be entered denying the relief requested. This will be a final appealable order.
b) All hearing-related issues, such as rules of evidence, discovery, continuances, etc., are governed by Section 29 of the Act. To the extent that an issue is not covered in that Section, the administrative hearing rules found in Subpart A shall govern. Specifically, the disqualification of a hearing officer will be in accordance with Section 1001.100(b). Enforcement of discovery procedures shall comply with Illinois Supreme Court Rule 219.
c) The standard of proof is by the preponderance of the evidence.
d) Once a matter is scheduled for hearing, the filing of subsequent pleadings and other documents in the matter may be accomplished by serving a copy each upon the hearing officer and the other party at their respective addresses of record and three copies upon the Secretary in the manner and at the location identified in Section 1001.750.
e) Once the proposed decision is served upon the parties, any party wishing to file exceptions and present a brief to the Board may do so by serving one original and five copies upon the Secretary in the manner and location identified in Section 1001.750 and sending a copy to the other party. Upon receipt of those documents, the Secretary will forward the documents to the Board members, who shall review the exceptions and briefs. The monitor will then make a recommendation to the full Board. The monitor may consult with the hearing officer who heard the case.
f) If a case ends in a settlement or otherwise by agreement of the parties, the parties may waive, in writing or on the record, the 10-day statutory period for filing exceptions and briefs. In that case, the hearing officer shall so note in the proposed decision. Upon receipt of the proposed decision, the Secretary shall forward it directly to the Chairperson, who will then enter a final order on behalf of the Board.
**History**
- *Source: Amended at 47 Ill. Reg. 10998, effective July 10, 2023*
##### **92 Ill. Adm. Code 1001.770** Conduct of Protest Hearing {#sec-1001.770 omnilex-key=us-il-regs-official--title-92--1001.770}
a) These hearings shall be held in Chicago or Springfield at a location determined by the Secretary, taking into consideration the location and/or request of the complainant.
b) The hearing officer does not represent any party at the proceeding, but merely facilitates the hearing by presiding over it and performing the following duties in addition to those set forth in the Act:
1) Inform the parties of the relevant issues to be decided;
2) Rule on motions, the admissibility of evidence and all other legal issues raised;
3) Prepare a proposed decision and submit it to the Chairperson and have the Secretary serve it upon the parties to the proceeding.
c) The hearing shall proceed in the following manner:
1) The hearing officer will identify the parties and set forth the violations of the Act alleged by the complainant.
2) The party bearing the burden of proof as set forth in Sections 4 or 29 of the Act shall then present evidence in the form of documents and/or testimony relevant to the alleged violation of the Act. If Section 4 or 29 of the Act does not specify which party has the burden of proof for a particular violation of the Act, the burden of proof shall be on the respondent to show that there is good cause for its action or inaction.
3) The other party to the proceeding shall then be allowed to present its evidence.
4) The hearing officer may ask questions as deemed necessary.
5) At the conclusion of the taking of evidence, each party shall be allowed to make a closing statement.
6) The hearing officer will then advise the parties that in accordance with Section 30 of the Act all expenses incurred by the Board in conducting the hearing shall be paid by the parties equally and further that if the complainant substantially prevails it will be awarded attorney's fees and costs in accordance with Section 13 of the Act. The hearing officer may also advise the complainant that, in the event that complainant may substantially prevail, it should submit as soon as possible a detailed billing setting forth the cost allowed under Section 1001.790(b) it incurred in the hearing process.
7) The hearing officer shall then take the matter under advisement, review the evidence and make a written recommendation to the Board by submitting it to the Secretary who shall then forward it to the Board members and serve it upon the parties.
d) The monitor shall review the recommendation, any exceptions and briefs submitted, and make a recommendation to the Board.
e) The Board shall then review the case file, the recommendation of the hearing officer, any exceptions and briefs, and the recommendation of the monitor. The Board shall then issue a final order. The final order shall be forwarded to the Secretary who shall then serve it upon the parties.
1) If the final order is such that the complainant does not substantially prevail, the final order shall include the amount of Board expenses payable by each party.
2) If the final order is such that the complainant substantially prevails and is based upon a hearing officer's written recommendation that includes an award of attorney's fees and costs as allowed under Section 1001.790(b), it shall include an award of attorney's fees and costs.
3) If the final order is such that the complainant substantially prevails and is based upon a hearing officer's written recommendation that does not include an award of attorney's fees and costs as allowed under Section 1001.790(b):
A) The complainant shall be allowed to submit to the hearing officer within 10 days after receipt of the final order a detailed motion requesting the payment of the costs allowed under Section 1001.790(b) that it incurred in the hearing process. A copy of the motion shall also be sent to the respondent and 3 copies to the Secretary. If the complainant fails to submit the motion in a timely manner, the complainant will be deemed to have waived its right to an award of such costs.
B) The respondent shall have 10 days from receipt of the motion to file an answer with the hearing officer. A copy shall also be sent to the complainant and 3 copies to the Secretary.
C) The hearing officer may, if he/she deems it necessary, set a hearing on the motion requesting the payment of costs.
D) The hearing officer shall then take the motion under advisement and make a written recommendation to the Board on the award of attorney's fees and costs by submitting it to the Secretary who shall then forward it to the Board members and serve it upon the parties.
E) The monitor shall review the recommendation, the pleadings filed, any exceptions and briefs submitted, and make a recommendation to the Board.
F) The Board shall than review the recommendation of the hearing officer, the pleading filed, any exceptions and briefs, and the recommendation of the monitor. The Board shall then issue a final order assessing the Board's expenses and awarding attorney's fees and costs to the complainant. The final order shall be forwarded to the Secretary who shall then serve it upon the parties.
**History**
- *Source: Amended at 23 Ill. Reg. 692, effective January 15, 1999*
##### **92 Ill. Adm. Code 1001.780** Mandatory Settlement Conference {#sec-1001.780 omnilex-key=us-il-regs-official--title-92--1001.780}
a) The hearing officer assigned to the case may order a mandatory settlement conference (conference) if it is felt that such a conference would promote any of the following:
1) A clarification of issues and/or violations;
2) A settlement of the matter without a hearing;
3) What each party expects from the hearing process and would settle for without a hearing;
4) If a hearing is necessary, an estimate of the length of the hearing, the number of witnesses and volume of documentation, and an estimate of the hearing costs to be assessed to the parties.
b) If the hearing officer orders a conference, it shall be done by notifying the Secretary who shall then send a Notice of Mandatory Settlement Conference to each party. This notice shall advise the parties of the time and place of the conference and that failure to appear, be prepared, or have authority to settle the matter could result in any of the actions set forth in Section 29 of the Act.
c) A conference may be conducted in person or by telephone as deemed appropriate by the hearing officer.
d) If the conference results in a settlement of the matter to the satisfaction of the parties, the hearing officer shall issue a written recommendation and if applicable the procedure set forth in Section 1001.760(f) of this Subpart may be followed.
e) If the conference does not result in a settlement of the matter, the hearing shall proceed as scheduled unless a motion to dismiss is granted on the grounds of the protest being without merit and/or frivolous. In such case, the hearing officer shall issue a proposed order and all of the ensuing procedures set forth in Section 1001.770 of this Subpart relating to the issuance of a final order shall be followed.
**History**
- *Source: Amended at 23 Ill. Reg. 692, effective January 15, 1999*
##### **92 Ill. Adm. Code 1001.785** Technical Issues {#sec-1001.785 omnilex-key=us-il-regs-official--title-92--1001.785}
a) If a notice of protest involves a violation of Section 4(e)(8) of the Act in which a mileage determination is relevant, that determination shall be made by the submission of a land survey performed and certified by a Illinois professional land surveyor. The survey shall measure from a point at the current location that is the closest point to the relocation site to a point at the relocation site that is the furthest from the current location. This measurement shall be a straight line as the crow flies, not the most direct route by vehicle. Each party may submit such a survey or may agree upon one surveyor whose determination shall govern. If the parties each submit a survey showing different results, the hearing officer shall have a survey completed by a surveyor approved by the Secretary which shall govern, the cost of which shall be paid by the parties.
b) In Section 4(e)(8)(C) of the Act, further away from the nearest dealer of the same line make shall mean that the new proposed dealer location is further from the nearest dealer of the same line make when measured from the new location to its nearest dealer of the same line make as compared to a measurement from the original dealer location to its nearest dealer of the same line make. The measurement shall be made as described in subsection (a) above.
**History**
- *Source: Amended at 23 Ill. Reg. 692, effective January 15, 1999*
##### **92 Ill. Adm. Code 1001.790** Hearing Expenses, Fees, and Costs {#sec-1001.790 omnilex-key=us-il-regs-official--title-92--1001.790}
a) Expenses assessed against each party to the hearing provided in Section 30 of the Act shall include, but not be limited to, the following:
1) A $250 processing fee;
2) A refundable $2,500 hearing deposit;
3) Any hearing officer expense incurred, regardless of whether a hearing or mandatory settlement conference is held or the case is dismissed by agreement of the parties or order of the Board;
4) Any other expenses incurred by the Board or the Secretary after the filing of a Notice of Protest directly relating to that particular case, regardless of whether a hearing or mandatory settlement conference is held or the case is dismissed by agreement of the parties or order of the Board.
b) Costs that are to be assessed against the party that has not substantially prevailed, as required in Section 13 of the Act, must be reasonable and include the following:
1) All expenses incurred by the Board as provided in subsection (a) above;
2) Attorney's fees;
3) Expert witness fees;
4) Court reporting and deposition expenses;
5) Witness fees;
6) Document production, photocopies, and preparation of trial exhibits;
7) Postage, mailing, faxing, or other electronic communication expenses;
8) Any other expense that the Board deems appropriate in a particular case.
c) Attorney's fees and expert witness fees awarded to a party will be based upon the hourly rate or fee that is usual and customary for the area in which the hearing is held. Neither shall include transportation, lodging, or meal expenses.
d) Late penalty fee. If the liable party under Section 13 of the Act fails to pay any fees assessed in excess of the $2,500 hearing deposit within 60 days of the date of the “Notice of Hearing Costs and Fees”, the Board will assess a late fee of $2,500 against that party for failure to pay fees in a timely manner. The Board, subject to administrative review, may rule that the $2,500 hearing deposit and the additional $2,500 late fee shall be used to pay any remaining hearing costs and expenses due.
**History**
- *Source: Amended at 47 Ill. Reg. 10998, effective July 10, 2023*
##### **92 Ill. Adm. Code 1001.795** Invalidity {#sec-1001.795 omnilex-key=us-il-regs-official--title-92--1001.795}
If any portion of this Subpart shall be held by a court of competent jurisdiction to be invalid, such holding shall not affect the remaining portions hereof.
**History**
- *Source: Added at 20 Ill. Reg. 8328, effective June 12, 1996*
##### **92 Ill. Adm. Code 1001.800** Extension of Hearing Dates {#sec-1001.800 omnilex-key=us-il-regs-official--title-92--1001.800}
a) Pursuant to the power vested in him or her by Section 2-104(b) of the Motor Vehicle Code and Gubernatorial Executive Order number 2020-08 and subsequent Executive Orders that extend the effectiveness of Executive Order 2020-08, the Secretary of State extends the time periods for conducting hearings and for issuing orders pursuant to Section 2-118(a) of the Illinois Vehicle Code as follows:
1) For all hearings that were held on or before March 9, 2020, but for which final orders have not been entered as of June 1, 2020, final orders shall be entered on or before October 1, 2020.
2) For all hearing requests received on or before June 1, 2020, but for which no hearing has been held as of June 1, 2020, a hearing shall be held not later than October 1, 2020, and final orders for those hearings shall be entered not later than 120 days after the date of the hearing.
3) For all hearing requests received after June 1, 2020, but before July 1, 2020, a hearing shall be held within 120 days after the date on which the request was received, and final orders for those hearings shall be entered not later than 120 days after the date of the hearing.
b) The extensions of time provided for in this Section shall not apply to any hearing requests received on or after July 1, 2020.
**History**
- *Source: Added at 44 Ill. Reg. 18734, effective November 13, 2020*
##### **92 Ill. Adm. Code 1001.APPENDIX** A Baiid Regions and Minimum Installation/Service Center Site Location Guidelines (repealed) {#sec-1001.appendix omnilex-key=us-il-regs-official--title-92--1001.APPENDIX}
**History**
- *Source: Repealed at 27 Ill. Reg. 13577, effective August 1, 2003*
### **Part 1002** Sale of Information
##### **92 Ill. Adm. Code 1002.10** Applicability {#sec-1002.10 omnilex-key=us-il-regs-official--title-92--1002.10}
This Part applies to the sale and dissemination of information contained in the Office of the Secretary of State that has been collected pursuant to the Illinois Vehicle Code [625 ILCS 5] for the issuance of driver's licenses, vehicle titles, and vehicle registrations and pursuant to the Illinois Identification Card Act [15 ILCS 335] for the issuance of identification cards. This Part also applies to the dissemination of organ and tissue donor registry information that has been collected pursuant to the Anatomical Gift Act [755 ILCS 50] for the purpose of determining whether a potential organ and tissue donor is included in the First Person Consent organ and tissue donor registry. Personally identifying information shall not be released to requestors unless otherwise permitted by statute or this Part.
**History**
- *Source: Amended at 45 Ill. Reg. 718, effective December 23, 2020*
##### **92 Ill. Adm. Code 1002.20** Definitions {#sec-1002.20 omnilex-key=us-il-regs-official--title-92--1002.20}
"Access Agreement" − an agreement entered into under Section 1002.60 of this Part by the Secretary of State and a recipient of drivers, title, vehicle, identification card information, or organ and tissue donor registry information covered by this Part.
"Attorney" – an individual who is licensed to practice law
"Automobile Associated Businesses" – shall include but not be limited to new or used vehicle dealerships, vehicle rental agencies, and tow truck operators
"Commercial Purchasers" – individuals and business entities who enter into a written agreement to buy all or a portion of the drivers, title, or vehicle list or individual records in bulk
"Commercial Solicitation Purposes" – the use of the drivers, vehicle or title list, or driving or identification card abstracts, to contact individuals for advertising, offering for sale, marketing or sale of products or services; or identifying potential employees, except for the United States armed forces
"Director" – the Director or Acting Director of either Driver Services or Vehicle Services, depending on the context
"Driver Services" – the Department of Driver Services of the Office of the Secretary of State
"Drivers List" – the entire list or any part of the list of all drivers licensed by the State of Illinois that includes the driver's name, address, weight, height, gender, color of eyes, color of hair, and date of birth, county of residence, zip code, license, classification, license restriction codes, and license issuance and expiration dates
"Driving Abstract" – a record kept by the Department of Driver Services on each driver licensed by the State of Illinois, containing all information required by IVC Section 6-106(b), all records of each driver's violations of the traffic laws, and administrative actions pertaining to driving privileges
"Employers" – individuals or business entities that permit individuals to work, when requesting information concerning current or prospective employees
"Financial Institutions" – banks, savings and loans, and credit unions, but not including currency exchanges
"Government Agencies" – units of local, state, or federal governmental agencies or elected governmental officials, including, but not limited to, Representatives, Senators, Congressmen, park board members, county board members, and school districts
"Identification Card Abstract" − a record kept by the Department of Driver Services on each person issued an identification card by the Secretary of State, containing all information required by the Illinois Identification Card Act [15 ILCS 335]
"Illinois Vehicle Code", "Vehicle Code", or "IVC" − 625 ILCS 5
"Insurers" – any insurance agent or company as defined in Section 2(e) of the Illinois Insurance Code [215 ILCS 5] authorized by the laws of any state to transact the business of insurance, and including all employees of such agent or company
"Law Enforcement Officials" – police agencies, state's attorneys' offices or court officials
"News Medium" – any newspaper or other periodical issued at regular intervals and having a general circulation; a news service; a radio station; a television station; a community antenna television service; and any person or corporation engaged in the making of news reels or other motion picture news for public showing
"Office" – the Office of the Secretary of State and not any particular department, address, or location
"Other Business Entities for Purposes Consistent with the Illinois Vehicle Code" – licensed remitters when requesting title or registration information; public libraries, public educational institutions, and private educational institutions when requesting driving records or registration or title information
"Personally Identifying Information" –
for driving records, the information regarding the driver's name, address (excluding the 5 digit zip code), date of birth, height, weight, hair color, eye color, email address, telephone number and driver's license number;
for title or vehicle records the:
information regarding the vehicle owner's name, address (excluding the 5 digit zip code), email address and telephone number; or
registration owner's address (excluding the 5 digit zip code), email address and telephone number;
for identification card records, the information regarding the identification card holder's name, address (excluding the 5 digit zip code), date of birth, height, weight, hair color, eye color, email address, telephone number, and identification card number
"Reporter" – any person regularly engaged in the business of collecting, writing or editing news for publication through a news medium; includes any person who was a reporter at the time the information sought was procured or obtained
"Request" – the written application upon the designated form or an acceptable alternative for the obtaining of a drivers list, vehicle list, title list, a driving or identification card abstract, or organ and tissue donor registry information
"Secretary" – the Secretary of State of Illinois
"Title List" – the list of all vehicles titled by the State of Illinois
"Vehicle List" – the list of all vehicles by identification number, with the name and address of the owners, that are registered by the State of Illinois
"Vehicle Services" – the Department of Vehicle Services of the Office of the Secretary of State
**History**
- *Source: Amended at 45 Ill. Reg. 718, effective December 23, 2020*
##### **92 Ill. Adm. Code 1002.30** Fees {#sec-1002.30 omnilex-key=us-il-regs-official--title-92--1002.30}
Drivers, vehicle, and title information shall not be sold for commercial solicitation purposes.
a) Fees for drivers lists:
1) for the sale of a drivers list pursuant to IVC Section 2-123(a) is $500.
2) for the sale of a drivers list pursuant to IVC Section 2-123(b) is $500 plus $50 per 1,000 names, with a minimum cost of $500.
b) Fees for title and vehicle information provided to public entities pursuant to IVC Section 2-123(a) shall be as follows:
1) for title lists or parts of a list, $600;
2) for lists of recent title transactions, $100;
3) for passenger vehicle lists or parts of a list, $300;
4) for miscellaneous vehicle lists or parts of a list, $200;
5) for International Reciprocity Plan vehicle lists or parts of a list, $100;
6) for computer searches of specific vehicle registration plate numbers, $100.
c) The fees for title and vehicle information provided to private entities pursuant to IVC Section 2-123(b) shall be as follows:
1) for title lists or parts of a list, $200 plus $20 per 1,000 records, or the actual cost or $600, whichever is greater;
2) for lists of recent title transactions, $200 plus $20 per 1,000 records, or the actual cost, whichever is greater;
3) for passenger vehicle lists or parts of a list, $200 plus $20 per 1,000 records, or the actual cost of $300, whichever is greater;
4) for International Reciprocity Plan vehicle lists or parts of a list, $200 plus $20 per 1,000 records or the actual cost thereof, whichever is greater;
5) for computer searches of specific vehicle registration plate numbers, $200 plus $20 per 1,000 records, or the actual cost thereof, whichever is greater.
d) The information sold pursuant to subsection (a) or (b) of this Section shall be provided on a computer processible medium as prescribed by the Secretary.
e) The fees for additional copies of registration lists provided to public entities pursuant to IVC Section 2-123(d) shall be as follows:
1) for a complete list, $80;
2) for a partial list (up to one-half of the complete list), $40.
f) The information sold pursuant to subsection (e) of this Section shall be provided on a computer processible medium as prescribed by the Secretary.
g) All fees, other than those paid by governmental agencies, shall be paid in advance of the delivery of any list to any purchaser.
h) Fees for information supplied by means of computer connections between the Secretary's computers and those of any other agency, corporation, or person may be paid on a daily or monthly basis for all information delivered during that day or month, and shall be determined by the Secretary to be the most economically feasible way of billing.
i) No refunds shall be given by the Secretary of State to any purchaser after the information has been provided to the purchaser.
j) No fees shall be charged from those local, state, and federal governmental agencies that obtain information from the Secretary to enforce criminal laws.
k) Computer terminal connections to the Secretary's computer may be provided to other State agencies. This service may be made available at no charge as long as the requesting agency incurs all terminal costs and as long as the service does not substantially increase costs or network traffic on the Secretary's computer.
l) Computer terminal connection may be allowed to non-governmental agencies provided that the expense of the equipment and communication costs are borne by the non-governmental agency. The allowance of computer terminal connections shall be contingent upon the best interests of the Office of the Secretary of State, which is based upon the volume of requests received, the cost-effectiveness of providing the information through computer terminal connections, as opposed to other methods, and other factors that may impede the operations of the Office of the Secretary of State. Should the connection interfere with the Secretary's internal work schedules and processing, this service may be suspended at any time.
**History**
- *Source: Amended at 34 Ill. Reg. 3666, effective March 5, 2010*
##### **92 Ill. Adm. Code 1002.40** Requests {#sec-1002.40 omnilex-key=us-il-regs-official--title-92--1002.40}
a) Except as provided in subsection (d), all requests for any type of information for sale pursuant to IVC Section 2-123 must be in writing, be signed before a notary by the person requesting the information, and include that person's address, the purpose of the request, the specific information or type of information sought, the name and address of any organization represented and the position of the requestor in the organization. This document shall be known as the Certified Statement of Use.
b) All requests for online access to the organ and tissue donor registry from procurement organizations providing services in the State of Illinois pursuant to Section 5-47(i) of the Anatomical Gift Act [755 ILCS 50] shall be in writing, be signed before a notary by the person requesting organ and tissue donor information, and include that person's address, the name and address of the organization and the position of the requestor in the organization. This document shall be known as the Certified Statement of Use.
c) Information obtained by means of a computer connection between the Secretary's computers and those of any organization shall be requested in writing, as set forth in subsection (a). Throughout the term of the Access Agreement, the requesting organization shall not deviate from the Certified Statement of Use.
d) A request for an individual driving or identification card abstract must be in writing, signed by the person requesting the abstract, and include the requestor's address, driver's license or identification card number, purpose of the request, the
name and address of any organization represented, and an affirmation that the information provided by the requestor is true and correct to the best of the requestor's knowledge. In addition, if the request is not made in person at a Secretary of State facility, the signature of the person making the request must be notarized. Personally identifying information will be released only if the request falls within IVC Section 2-123(f-5).
**History**
- *Source: Amended at 45 Ill. Reg. 718, effective December 23, 2020*
##### **92 Ill. Adm. Code 1002.42** Impermissible Uses of Personally Identifying Information {#sec-1002.42 omnilex-key=us-il-regs-official--title-92--1002.42}
The Secretary of State shall not sell personally identifying information from the drivers, vehicle or title lists, or from a driving or identification card abstract for commercial solicitation purposes, as defined in this Part.
**History**
- *Source: Amended at 33 Ill. Reg. 3177, effective January 30, 2009*
##### **92 Ill. Adm. Code 1002.45** Request for an Individual's Driving, Registration, or Title Information {#sec-1002.45 omnilex-key=us-il-regs-official--title-92--1002.45}
a) If a request is made for an individual's driving or identification card abstract, title or registration information, the individual shall be notified by the Secretary of the request and the identity of the requestor. No information shall be released to the requestor until 10 days have elapsed from the date notice was mailed to the individual by the Secretary. No personally identifying information shall be released to a requestor, unless authorized by IVC Section 2-123 or this Part.
b) The notification, 10-day waiting period, and non-disclosure of personally identifying information provisions shall not apply to requests made by law enforcement officials, governmental agencies, financial institutions, attorneys, insurers, employers, automobile associated businesses, family members with written consent, the individual personally, or reporters or news media, or to other business entities for purposes consistent with the Illinois Vehicle Code. The exemption to the notification, 10-day waiting period, and non-disclosure of personally identifying information provisions shall apply to the aforementioned requestors or to an authorized agent of the requestor acting within the scope of his or her employment, if such use is related to the operation of a motor vehicle or public safety.
c) Requests made by the groups outlined in subsection (b) shall be exempt from the notification, 10-day waiting period, and non-disclosure of personally identifying information requirements only if the request is made for an official business purpose, which shall be documented by the requestor on the request form submitted to the Secretary.
d) The notification, 10-day waiting period, and non-disclosure of personally identifying information outlined in subsection (a) shall not apply to bulk sale requests made through a computer connection, computer tapes or other data processing medium. Information disclosed pursuant to this Section shall not be used for commercial solicitation purposes.
e) Personally identifying information shall be withheld from exempted entities listed in subsection (b) if the individual about whom an inquiry is made submits a valid court order of protection to the Secretary. This non-disclosure shall apply for the duration of the court order; however, law enforcement officials and governmental agencies shall always have access to this personally identifying information.
**History**
- *Source: Amended at 33 Ill. Reg. 3177, effective January 30, 2009*
##### **92 Ill. Adm. Code 1002.50** Lists of Purchasers {#sec-1002.50 omnilex-key=us-il-regs-official--title-92--1002.50}
All names of purchasers of the drivers list, vehicle list, or title list shall be maintained for at least four (4) years by those Departments. These requests are public records and shall be disclosed to anyone requesting to inspect them during normal Secretary of State business hours at the office of the Director of Vehicle Services or Driver Services, as is appropriate. Copies of these records may be purchased at the cost of $.50 per page.
##### **92 Ill. Adm. Code 1002.60** Access Agreement {#sec-1002.60 omnilex-key=us-il-regs-official--title-92--1002.60}
a) Access Agreement Required
All commercial or business purchasers or any federal, State or local entities in receipt of the drivers, vehicle, or title lists or driving or identification card abstracts, and all entities receiving drivers, vehicle or title lists or driving or identification card abstracts in bulk or via a computer connection, shall sign an Access Agreement with the Secretary. All procurement organizations providing services in the State of Illinois that request online access to the organ and tissue donor registry shall sign an Access Agreement with the Secretary.
b) Content of Access Agreement
1) The Access Agreement shall include disclosure of:
A) the specific use, which shall not include commercial solicitation purposes; or
B) the permissible use of personal information, if applicable.
2) The Access Agreement shall contain the following:
A) a requirement that the data not be used for criminal or immoral purposes;
B) a statement that violation of any terms of the Access Agreement could result in the Secretary's denial of sale or disclosure of the data to the purchaser or recipient for a term of 5 years and the return of the data to the Secretary; and
C) Any additional terms the Secretary deems necessary and appropriate to protect the integrity of the lists and abstracts (e.g., cyber security or cyber liability insurance).
c) Redisclosure
1) The redisclosure of the data is prohibited, except to the extent necessary to effectuate the purpose for which the original disclosure of the data was permitted.
2) Any authorized recipient that resells or rediscloses personal data covered by this Part must keep, for a period of 5 years, records identifying each person or entity that receives information and the permitted purpose for which the data will be used. The purchaser must make these records available to the Secretary of State upon request.
**History**
- *Source: Amended at 45 Ill. Reg. 718, effective December 23, 2020*
##### **92 Ill. Adm. Code 1002.70** Public Records {#sec-1002.70 omnilex-key=us-il-regs-official--title-92--1002.70}
a) Subject to the federal Driver's Privacy Protection Act (18 USC 2721 et seq.) and IVC Section 2-123, the drivers, title and vehicle lists, driving or identification card abstracts and lists of purchasers of this data are public records and may be examined and purchased for the appropriate fees for a legitimate and lawful purpose and use.
b) The Secretary may sell the lists in their entirety on the medium the Secretary deems most economical and efficient, or in any reasonable part, such as by county or counties, age group, zip code groups, make or model of car, restriction codes, license issuance data, license expiration data, city, or other governmental or geographic division. No listing shall be prepared and sold by the Secretary to any person or organization for commercial solicitation purposes. Lists shall not be available by any type of driver's license sanction; i.e., suspension, revocation, cancellation, or denial.
**History**
- *Source: Amended at 33 Ill. Reg. 3177, effective January 30, 2009*
##### **92 Ill. Adm. Code 1002.80** Lists of Licenses {#sec-1002.80 omnilex-key=us-il-regs-official--title-92--1002.80}
All persons or organizations licensed by the Office to act as new or used car dealers, remittance agents, used parts dealers, scrap processors, automotive parts recyclers, and rebuilders, together with the business addresses for such persons or organizations, may be placed on a list or lists and sold for the fee of $.50 per page for each copy of each list of separate licenses.
##### **92 Ill. Adm. Code 1002.90** Social Security Numbers {#sec-1002.90 omnilex-key=us-il-regs-official--title-92--1002.90}
a) Social Security Numbers of persons licensed to drive or issued an identification card by the State of Illinois shall not be disclosed to any person, public or private agency, corporation, or governmental body, except as permitted by IVC Section 2-123.
b) Individual drivers or identification card holders may authorize the Secretary to release to designated persons or agencies the individual's Social Security Number. This authorization shall be in a written, notarized or affirmed statement delivered to the Director of the Department of Driver Services in Springfield.
**History**
- *Source: Amended at 33 Ill. Reg. 3177, effective January 30, 2009*
### **Part 1003** Collection of Fees
##### **92 Ill. Adm. Code 1003.10** Definitions {#sec-1003.10 omnilex-key=us-il-regs-official--title-92--1003.10}
"Department" means the Department of Accounting Revenue of the Office of the Secretary of State.
"Director" means the Director or Acting Director of the Department.
"Fee" means any monies owed to the Secretary of State for transactions related to the titling or registration of vehicles, the issuance of a driver's license or identification card, the administrative hearing process, administration of a BAIID or RDP, or otherwise imposed by the IVC.
"IVC" means the Illinois Vehicle Code [625 ILCS 5].
"Person" means the person indebted to the Secretary of State for any fee, penalty, or tax imposed by the IVC or Illinois Administrative Code.
"Parking Citation" means a citation issued by the Secretary of State Police for unauthorized parking on the Capitol Complex pursuant to 71 Ill. Adm. Code 2005.80(c).
"Penalty" means the monies owed to the Secretary of State as a result of being issued a parking citation on the Capitol Complex grounds.
"Registration" has the meaning given in Section 1-171 of the IVC.
"Secretary of State" or "Secretary" means the Illinois Secretary of State.
**History**
- *Source: Amended at 49 Ill. Reg. 846, effective January 2, 2025*
##### **92 Ill. Adm. Code 1003.20** Collection and Refund {#sec-1003.20 omnilex-key=us-il-regs-official--title-92--1003.20}
a) The refund of registrant fees paid to the Secretary of State shall occur if the registration is cancelled, or a duplicate registration occurred, or excess fees were paid.
b) If the cancelled registration meets any of the following criteria, a refund will be paid by the Secretary of State if the registration plate or sticker was not used on the vehicle and is returned to the Secretary. If the cancelled registration does not meet these criteria, then a refund will be denied.
1) If the registrant is moving out of Illinois, a refund request or letter stating that fact is required prior to refund actions being initiated.
2) If the registrant's vehicle was stolen and not recovered, a statement from the applicant is required stating the date the vehicle was stolen.
3) If the registrant sells the vehicle and the unused registration is returned after the display date, a statement concerning the last operation date of the vehicle is required.
4) If the registered vehicle is damaged or inoperable, a statement concerning the last operation date of the vehicle is required. This applies to requests on refunds applied for after the display date.
5) If the registered vehicle will be stored and not operated for the entire registration year, a statement is required, along with the return of the sticker.
6) If the registrant has died, then the executor or administrator of the estate must sign a statement and attach a copy of the death certificate, surrender the plates or the registration sticker, and comply with Section 3-824(c) of the Illinois Vehicle Code [625 ILCS 5].
c) If a registration is a duplicate, then to obtain a refund the duplicate sticker must be returned with the registration and a photocopy of the retained registration. A written request for a refund must also be submitted.
d) If an excess fee is paid and a refund sought, the registrant must request the refund in writing within 6 months after the date of payment.
e) Applicable to all requests for refund are the requirements that:
1) The vehicle the refund is requested upon must have been registered in a prior registration year by the same owner.
2) For plates returned after the display date, the applicant must submit a statement indicating the last operation date of the vehicle.
3) Proof of payment must be submitted (cash receipts, cash tickets, a photocopy of the cancelled checks or electronic payment receipts, if the Secretary of State records do not show payment was made).
4) After the registrant has applied for the registration plates or sticker, no refund can be requested or paid until after the registrant receives the plates or sticker.
5) Refunds will not be granted for replacement plates unless the applicant specifically requests the same registration plate number. If the same number is not requested, the refund will be withheld to cover the costs of the transaction.
f) Refunds will not be granted for any title-related transaction unless a title application has not been processed by the Secretary of State or pursuant to Section 1003.25 of this Part.
g) All requests for refunds must be submitted in writing to the Department of Accounting Revenue, Refund Division, Room 222, Howlett Building, Springfield, Illinois 62756.
**History**
- *Source: Amended at 47 Ill. Reg. 183, effective December 21, 2022*
##### **92 Ill. Adm. Code 1003.25** Rebates for Vehicles Manufactured in Illinois {#sec-1003.25 omnilex-key=us-il-regs-official--title-92--1003.25}
Pursuant to Section 3-806.10 of the IVC, buyers or owners of first division passenger vehicles (excluding autocycles, motor-driven cycles, and pedalcycles) or second division vehicles weighing 8,000 pounds or less may apply to the Secretary of State for a rebate in the amount of $25.00 for a vehicle manufactured in Illinois. For purposes of this Section, "manufactured" shall mean the final step in the process of the assembly of a vehicle.
a) In order to be eligible for the rebate, the buyer or owner must:
1) Complete a request for the rebate on a form prescribed by the Secretary and available on the Secretary's website (https://www.ilsos.gov /publications/accountrevpub.html);
2) Submit an application for title on the Illinois manufactured vehicle on or after January 1, 2023 and no more than one year after the month in which the vehicle was manufactured;
3) Provide the following information for each vehicle for which a rebate is sought:
A) Proof of payment in full for the title fee of the vehicle (e.g., cash receipts, cash tickets, a photocopy of the cancelled check, or electronic payment, if Secretary of State records do not show payment was made);
B) The Vehicle Identification Number (VIN) associated with each vehicle.
b) Each qualifying vehicle shall be eligible for one rebate of $25 for the lifetime of the qualifying vehicle. [625 ILCS 5/3-806.10]
c) All requests for rebates authorized by Section 3-806.10 of the IVC must be received within 12 months after the date for which title was applied and submitted in writing to the Department of Accounting Revenue, Refund Division, 222 Howlett Building, Springfield, Illinois 62756.
d) The Secretary of State will deny application for the rebate if the requirements set forth in this Section are not met.
**History**
- *Source: Added at 47 Ill. Reg. 183, effective December 21, 2022*
##### **92 Ill. Adm. Code 1003.30** Collection of All Motor Vehicle Fees and Parking Citation Penalties {#sec-1003.30 omnilex-key=us-il-regs-official--title-92--1003.30}
a) If a person has not paid the total motor vehicle fee due and owing, due to miscalculation or any other reason, the Department of Accounting Revenue shall send two notices, each 30 calendar days apart, to the address shown on the records of the Secretary of State, asking for the additional fees to be paid. The notices will be mailed by regular mail. If no payment is made within 30 days following the date of the first letter, then the registration or driver's license record of the person shall be tagged on the computer record with a notation that money is owed, and this action will prevent the renewal of the driver's license or registration without payment of the additional fee. If no payment is made within 30 calendar days after of the date of the second letter, the driver's license of the person shall be cancelled pursuant to Section 6-201(3) of the IVC, unless:
1) the driver has demonstrated that the amount owed is not correct and is in dispute;
2) the driver has demonstrated good faith attempts to make restitution of the amount owed; or
3) the amount is $5.00 or less.
b) Dishonored Electronic Payment or Check Returned for Any Reason.
1) If the payment is returned or declined for any reason, the Department of Accounting Revenue shall notify the payor by mail that:
A) payment is due within 10 calendar days after the date of the notice;
B) if the Secretary does not receive payment, the Secretary will cancel the payor's Illinois driver's license or will revoke the registration plate, as the case may be;
C) the Attorney General may file a lawsuit;
D) the Comptroller shall deduct from any State funds due to the payor the amount of money due and owing to the Secretary of State pursuant to Section 10.05 of the State Comptroller Act [15 ILCS 405];
E) the provisions of Section 3-821(c) of the IVC shall apply; and
F) the Secretary will apply the provisions of the Illinois State Collection Act of 1986 [30 ILCS 210].
2) If the fee is not paid within 15 calendar days following the date of the notice required by subsection (a), the driver's license of the payor or registrant will be cancelled (see Section 6-201(a)(3) of the IVC) and the individual or individuals will be notified by mail of the cancellation. After this procedure is completed, a collection order is issued, and the license plates involved are tagged on the registration database so that no renewal can be accomplished without payment of the fee.
3) Should any payor contacted pursuant to this Section acknowledge the debt and desire to pay on an installment basis, an installment agreement may be entered into with the Department of Accounting Revenue, if approved by the Director of that Department, after an examination of the personal financial data submitted by the payor demonstrates the payor's financial ability to pay on an installment basis and an inability to pay the entire amount owed immediately. The installment agreement shall contain the following terms and conditions:
A) The amount owed must exceed $500.
B) The agreement shall not exceed 3 months in duration, with three equal payments being made.
C) The payor acknowledges the debt and all penalties and interest.
D) The payor waives any statute of limitations defense.
E) The payor confesses judgment if the terms of the agreement are not met.
F) The payor agrees that the agreement will be cancelled if the payment schedule is not met.
G) The driver's license will be cancelled or the registration plates revoked and surrendered if the agreement is not fulfilled by the payor.
c) If an electronic payment is dishonored by the payor's credit card or banking institution, or the payor charges back the electronic payment, the Department of Accounting Revenue shall notify the payor by mail.
1) The Department of Accounting Revenue will send two notices, each 30 days apart, to the address shown on the records of the Secretary of State, asking for the additional fees or penalties to be paid. The notices will be mailed by regular mail.
2) If no payment is made within 30 days following the date of the first letter, the vehicle registration or driver's license record of the person will be tagged on the Secretary of State database with a notation that money is owed, and this action will prevent the renewal of the driver's license or vehicle registration without payment of the additional fees.
3) If no payment is made within 30 calendar days after the second letter, the driver's license of the person shall be cancelled pursuant to Section 6-201(3) of the IVC or the vehicle registration shall be suspended pursuant to Section 3-704(a)(3), as the case may be, unless the payor has demonstrated that the amount owed is not correct and is in dispute, or the amount is $5.00 or less.
d) Parking Citation Penalties.
1) If a person has not paid the total penalty due and owing for a parking citation, as set forth by 71 Ill. Adm. Code 2005.30(f) and 2005.80(c), the Department of Accounting Revenue shall send two notices, by regular mail, each 30 calendar days apart, to the address shown on the records of the Secretary of State, asking for the penalty to be paid. If no payment is made within 30 days following the date of the first letter, then the registration of the person shall be tagged on the registration database with a notation that money is owed, and this action will prevent the renewal of the registration without payment of the penalty.
2) If the parking citation penalty is not paid within 15 calendar days following the date of the notice required by subsection (b)(1), a collection order is issued, and the license plates involved are tagged on the registration database so that no renewal can be accomplished without payment of the penalty.
e) All accounts remaining uncollected after the procedures in this Section have been applied shall be referred to the Attorney General of Illinois for collection and the Comptroller of Illinois shall be notified to withhold any payments due by the State to the payor pursuant to the State Comptroller Act.
f) All persons who have had payment returned for any reason must make all future fee or penalty payments by cash, certified check, or money order (see Section 3-801(c) of the IVC).
g) The procedures of this Section shall be applied to corporations or other business entities that fail to make payment or payments for any reason.
**History**
- *Source: Amended at 49 Ill. Reg. 846, effective January 2, 2025*
##### **92 Ill. Adm. Code 1003.40** Audits for Truck License Fees {#sec-1003.40 omnilex-key=us-il-regs-official--title-92--1003.40}
a) All licensees selected by the Department of Accounting Revenue for auditing shall be notified by letter sent by regular mail of the purpose of the audit, the date and location of the audit, the years of licensing to be examined, the records required to be provided for the auditor, and the consequences of non-appearance for the audit (to include assessments at 100% of miles run), suspension of all registration plates and stickers, and collection action filed by the Attorney General of Illinois in the Circuit Court of venue.
b) The provisions of Section 2-124 of the Act shall apply to all audits.
c) Illinois based truck licensees shall produce their records and be audited at the Chicago or Springfield, Illinois, offices of the Department of Accounting Revenue. Illinois based truck licensees who fail to appear for a scheduled audit meeting, and who request another appointment for auditing shall report to the Chicago or Springfield offices, whichever is closest to the licensee's office. Requests for reaudits for which 100% assessments have been applied must be submitted to the Department of Accounting Revenue before the 30 day notice provided for in Section 2-124(h) and (j) of the Act has expired.
d) No costs shall be assessed against a licensee for audits conducted at Secretary of State offices, as provided in Section 2-124(d) of the Act.
e) For Illinois based International Registration Plan (I.R.P.) audits conducted within the State of Illinois except as subsection (d) above, an audit fee of $100 per day or $50 per half day per auditor shall be assessed if an assessment is found to be due and owing the State of Illinois or any I.R.P. jurisdiction. In the case of an audit of an Illinois based International Registration Plan licensee that takes place outside the State of Illinois, transportation costs incurred, such as: airplane, automobile, train, car rental, taxi, etc., shall be assessed in addition to the audit fee of $100 per day or $50 per half day per auditor, and will be assessed regardless of the amount of the assessment or if any assessment is made. The cost of personal or state owned automobile usage shall be equivalent to the reimbursement mileage rate as provided by the State of Illinois travel rules (80 Ill. Adm. Code 3000). If more than one licensee is audited on a single trip, the transportation costs shall be apportioned between the companies based on the amount of time spent at each company.
f) For audits of non-Illinois based licensees that take place within the State of Illinois except as subsection (d) above, an audit fee of $100 per day or $50 per half day per auditor shall be assessed if any assessment is found to be due and owing the State of Illinois. In the case of an audit of a non-Illinois based licensee that takes place outside the State of Illinois, transportation costs incurred such as: airplane, automobile, train, car rental, taxi, etc., shall be assessed in addition to the audit fee of $100 per day or $50 per half day per auditor if an assessment is found to be due and owing the State of Illinois. The cost of personal or state owned automobile usage shall be equivalent to the reimbursement mileage rate as provided by the State of Illinois travel rules (80 Ill. Adm. Code 3000). If more than the licensee is audited on a single trip, the transportation costs shall be apportioned between the companies based on the amount of time spent at each company.
g) No charge shall be assessed for an auditor trainee being trained on the job by an auditor. If an auditor trainee performs an audit, the audit fee of $100 per day or $50 per half day per auditor shall be assessed.
h) A notice of any deficit and the amount of money owed to the Secretary of State shall be sent by regular mail to the truck licensee. Payment is due within 30 calendar days after the date of the written notice or the registration plates shall be suspended, unless a hearing is requested, in accordance with Section 2-124(i) of the Act.
i) The rules at 92 Ill. Adm. Code 1001.Subpart A shall apply to any hearing requested by a truck licensee pursuant to Section 2-124(j) of the Act.
**History**
- *Source: Amended at 29 Ill. Reg. 1966, effective January 20, 2005*
##### **92 Ill. Adm. Code 1003.50** Use of State Comptroller's Offset Authority {#sec-1003.50 omnilex-key=us-il-regs-official--title-92--1003.50}
a) The following procedures shall be used prior to the Department of Accounting Revenue involving the Comptroller's offset authority referred to in Section 1003.30 (b)(3) and (6).
b) Any person who is alleged to owe money to the Secretary of State for the payment of fees owed pursuant to the Act and against whom the provisions of Section 10.05 of the State Comptroller Act and 74 Ill. Adm. Code 285 will be applied to recover monies due and owing to the State, shall have notice and opportunity for a proceeding before the Director of the Department of Accounting Revenue or his designee to contest the proposed offset of funds.
1) The notice to the person shall be sent by the Department of Accounting Revenue to the person's address shown on the drivers license list maintained by the Department of Drivers Services.
A) The notice shall contain the amount of the debt owed to the Secretary of State, the statutory Section of the Act pursuant to which the fee is due and owing, the procedures to request a hearing to contest the debt, the time within which the hearing must be requested, and a telephone number for inquiries.
B) The Department of Accounting Revenue shall notify the person by mail that the offset procedure will be applied within 30 days, unless the person can prove to the satisfaction of the Director of the Department of Accounting Revenue that he has a valid defense, as provided in this Section. Proof to the satisfaction means that the person shows by a preponderance of the evidence that the debt is not owed, or that any other valid defense exists.
2) The only possible defenses which shall be asserted by the alleged debtor include:
A) Mistaken identity of the debtor.
B) Disharge of the debt in bankruptcy.
C) Complete payment was made to the Secretary of State.
D) The existence of an installment agreement to pay the Secretary of State.
E) A court judgment of non-liability to the Secretary of State.
F) Incorrect mathematical calculation of amount owed to the Secretary of State.
3) No other defenses shall be valid or considered. The alleged debtor shall submit his/her defenses in writing to the Director of Accounting Revenue. The Director shall respond with a final decision within 25 work days after receipt of the defenses.
4) The giving of the notice as herein required shall be effective as stated in Section 2-114 of the Act.
c) This section shall not apply to the hearings conducted pursuant to Section 2-124(j) of the Act.
##### **92 Ill. Adm. Code 1003.60** Bankruptcy Discharge of Fees {#sec-1003.60 omnilex-key=us-il-regs-official--title-92--1003.60}
The truck license fees imposed pursuant to Article VIII of Chapter 3 of the Act are taxes and within the purview of section 507(a)(8)(E) and 523(a)(1)(A) of the Bankruptcy Code (11 USC 507(a)(8)(E) and 523(a)(1)(A)) and are not dischargeable in bankruptcy, and the provisions of Section 1003.30 shall apply to the collection of the alleged debtor's debt to the Secretary.
**History**
- *Source: Amended at 34 Ill. Reg. 10199, effective June 29, 2010*
##### **92 Ill. Adm. Code 1003.70** Invalidity {#sec-1003.70 omnilex-key=us-il-regs-official--title-92--1003.70}
If any part of these rules shall be held by a court of competent jurisdiction to be invalid, such holding shall not affect the remaining parts thereof.
##### **92 Ill. Adm. Code 1010.10** Owner – Application of Term {#sec-1010.10 omnilex-key=us-il-regs-official--title-92--1010.10}
a) For registration purposes and requirements or exemptions, the terms "owner" shall be applied as defined in this Section of the I.V.C., and the definition in Section 1-155 of the Code shall not be applicable.
b) Thus, the term "Owner" includes:
1) The holder of legal title to a vehicle.
2) Conditional buyer under a conditional sales contract.
3) A lessee with the right of purchase of the vehicle.
4) A mortgagor with right of possession.
5) A lessee with possession or control of a vehicle under a lease of 30 days or more.
## **Chapter II** Secretary of State
### **Part 1010** Certificates of Title, Registration of Vehicles
##### **92 Ill. Adm. Code 1010.20** Secretary and Department {#sec-1010.20 omnilex-key=us-il-regs-official--title-92--1010.20}
a) For purposes of this Part, "Secretary" shall refer to the Illinois Secretary of State.
b) For purposes of this Part, "Department" shall refer to the Department of Vehicle Services within the Office of the Secretary of State.
**History**
- *Source: Added at 13 Ill. Reg. 5173, effective April 1, 1989*
##### **92 Ill. Adm. Code 1010.100** Electronic Lien and Title (ELT) Program Provisions {#sec-1010.100 omnilex-key=us-il-regs-official--title-92--1010.100}
a) For purposes of this Section, the following definitions shall apply:
1) "Contractor" means a person who, pursuant to this Section, enters into a contract with the Secretary of State to establish, implement, and operate the electronic lien and title system.
2) "Electronic Lien and Title System" or "ELT" means a system to process the perfection, assignment, notification, and release of security interests through electronic file transfers that is established and implemented pursuant to this Section.
3) "ELT Service Provider" means a person or entity who provides lienholders with software to manage electronic lien and title data.
4) "Lienholder" means a person or entity holding a security interest in a vehicle that is normally engaged in the business or practice of financing vehicles. For purposes of this Section, a person not normally engaged in the business or practice of financing vehicles is one who issues less than five vehicle liens per year. [625 ILCS 5/1-139]
b) The Secretary of State shall establish a program for an electronic lien and title system (ELT) that will permit a lienholder to perfect, assign, and release a lien in lieu of the issuance and maintenance of paper documents otherwise required by law as authorized under Section 3-100.1 of the IVC. This program shall not be used to process any lien or title held for a manufactured home.
c) The Secretary shall enter into one or more contracts to establish, implement, and operate the ELT system authorized under this Section. Any contract entered into pursuant to this Section will not require the Secretary to pay any amount to a contractor unless otherwise provided in this Section. Contractors are prohibited from using information concerning vehicle titles for marketing or solicitation purposes and must protect proprietary information contained in the ELT system. A contractor shall not serve as both a contractor and an ELT service provider concurrently.
d) The ELT must allow ELT service providers to participate in the system in accordance with the contract established under this Section. A lienholder may participate in the system through any ELT service provider.
e) ELT service providers shall be required to collect fees from lienholders and their agents for the implementation and administration of the ELT system in accordance with the contract established under this Section. The fee collected by the contractor under this subsection (e) shall be no more than $2.25 per lien transaction. Each ELT service provider may charge an additional fee pursuant to the contract between the contractor and the ELT service provider. The amount of the fee collected by an ELT service provider and paid to a contractor for the establishment and maintenance of the electronic lien and title system shall not be passed on to the consumer.
f) The contractor must acknowledge that:
1) the contractor is required to enter into agreements to exchange electronic lien data with all ELT service providers who offer electronic lien and title services to lienholders doing business in the State of Illinois and who meet the technical standards of the contractor and request to enter into such an agreement with the contractor;
2) the ELT service provider has been approved by the Secretary for participation in the electronic lien and title system pursuant to this Section; and
3) the ELT service provider elects to use the contractor for access to the electronic lien and title system. An ELT service provider must not be required to provide confidential or proprietary information to any other ELT service provider.
g) An ELT service provider shall be considered approved and eligible for participation in the ELT Program so long as the ELT service provider:
1) is registered, in good standing, and authorized to conduct business in the State of Illinois;
2) is in compliance with all applicable laws, regulations, and rules regarding their business operations in Illinois, certificates of title, security interests, and the ELT Program; and
3) has entered into a contract with the contractor.
h) The Secretary may deny, suspend, or terminate approved ELT service providers or lienholders from participation in the ELT if any of the following conditions exist:
1) Misuse of vehicle, title, or owner information.
2) Noncompliance with any security requirements specified by the Secretary of State.
3) Failure to provide requested information or records for the purposes of an audit by the Secretary in accordance with subsection (m).
4) Failure to follow approved procedures for submission of ELT transactions in accordance with the contract established under this Section.
5) Noncompliance with this Section, any agreement entered into pursuant to this Section, or any applicable laws, rules, and regulations regarding certificates of title, security interests, and the ELT Program.
6) Failure to process transactions in accordance with Secretary of State procedures.
7) Failure to be licensed or registered and in good standing in the State of Illinois as a business or as a financial institution with the appropriate regulatory agency.
i) Any requirement that a lien or other information appear on a certificate of title is satisfied by the inclusion of that information in an electronic file maintained in an ELT system created under this Section. The satisfaction of a lien shall be electronically transmitted to the Secretary of State. Upon transmission of the satisfaction of a lien, the Secretary shall print and mail a paper certificate of title to the owner or lienholder in accordance with Section 3-100.2(e) of the IVC. A lien release that is not submitted electronically through the ELT System cannot be used to release an electronic lien. A certificate of title is not required to be issued until the lien is satisfied or the certificate of title otherwise meets the requirements of any legal proceeding or other provision of law. If a vehicle is subject to an electronic lien, the certificate of title shall be deemed to be physically held by the lienholder for the purposes of State or federal law concerning odometer readings and disclosures.
j) A vehicle owner or lienholder may request an update of information in an electronic file maintained in the electronic lien and title system without creating a new title record, unless such update involves correcting the named vehicle owner, changing the lienholder, or changing other pertinent information, including changing the vehicle identification number.
k) A lien shall be removed from the ELT system and the Secretary of State may issue the certificate of title regardless of the satisfaction of the lien being electronically transmitted to the Secretary of State when the Secretary of State determines that:
1) the lien is more than seven years old;
2) the vehicle is more than 10 years old; and
3) the lienholder is out of business according to Secretary of State records or other actions undertaken by the Secretary of State to verify the status of the lienholder.
l) A certified copy of the Secretary's electronic record of a lien is admissible in any civil, criminal, or administrative proceeding in this State as evidence of the existence of the lien. If a certificate of title is maintained electronically in the ELT system, a certified copy of the Secretary's electronic record of the certificate of title is admissible in any civil, criminal, or administrative proceeding in this State as evidence of the existence and contents of the certificate of title. (See Section 3-100.1(e) of the IVC.)
m) Audit. In addition to audit authority set forth in Section 2-124 of the IVC, the Secretary may audit the books and records of ELT service providers or lienholders to ensure compliance with local, State, and federal laws, regulations, and this Section.
n) No later than July 1, 2026, lienholder participation in the ELT Program is mandatory.
**History**
- *Source: Amended at 49 Ill. Reg. 10033, effective July 15, 2025*
## **Chapter II** Secretary of State
### **Part 1010** Certificates of Title, Registration of Vehicles
##### **92 Ill. Adm. Code 1010.110** Salvage Certificate – Additional Information Required to Accompany Application for a Certificate of Title for a Rebuilt or a Restored Vehicle Upon Surrendering Salvage Certificate {#sec-1010.110 omnilex-key=us-il-regs-official--title-92--1010.110}
a) In addition to the Application for a Certificate of Title for a rebuilt or restored vehicle accompanied by the surrendered salvage certificate and submitted to the Secretary of State and prescribed in Section 3-115(d) of the Illinois Vehicle Code (IVC), the Secretary pursuant to Section 3-104(e) of that statute is authorized to require additional information from applicants for certificate of title for a rebuilt or a restored vehicle.
b) Applicants for certificates of title for a rebuilt or restored vehicle accompanied by a surrendered salvage certificate, shall be required to submit the following additional information in support of such application:
1) A certificate of changed or not changed component parts on the subject vehicle having been rebuilt or restored.
2) A certificate that the Illinois Vehicle Equipment Law (Chapter 12) of the Illinois Vehicle Code [625 ILCS 5/Ch. 12] has been complied with on the subject vehicle that has been rebuilt or restored.
c) The Affirmation Supporting Salvage Certificate shall be made in the form of an affirmation supporting the application for certificate of title for a rebuilt or restored vehicle accompanied by the surrendered salvage certificate. The Affirmation can be found in Appendix C and at the Secretary of State website, specifically at the following link: http://www.cyberdriveillinois.com/publications/pdf_publications/rt1113.pdf.
d) The standardized document entitled Application for Certificate of Title accompanied by the surrendered salvage certificate as well as a standardized document entitled Affirmation Supporting Salvage Certificate shall be available on request from the Office of the Secretary of State and no other documents shall be deemed a valid Application for a Certificate of Title for a Rebuilt or Restored Vehicle.
**History**
- *Source: Amended at 32 Ill. Reg. 17253, effective October 15, 2008*
##### **92 Ill. Adm. Code 1010.120** Salvage Certificate – Assignments and Reassignments {#sec-1010.120 omnilex-key=us-il-regs-official--title-92--1010.120}
In order to implement and clarify the provisions of Section 3-118 as to the number of assignments and reassignments of Salvage Certificates permitted by the Illinois Vehicle Code, the following information shall serve as a guide to the Secretary of State in making such determination:
a) A salvage certificate may be assigned to any dealer licensed as a Rebuilder, Automotive Parts Recycler, Scrap Processor or an out-of-state Salvage Vehicle Buyer under the Illinois Vehicle Code. Only one reassignment of that certificate is permissible and that reassignment shall be only to a dealer licensed under the Illinois Vehicle Code.
b) A transfer or assignment to an individual other than a licensed dealer under the Illinois Vehicle Code must be by means of a certificate of title which is in the name of the licensed dealer.
**History**
- *Source: Amended at 32 Ill. Reg. 17253, effective October 15, 2008*
##### **92 Ill. Adm. Code 1010.130** Exclusiveness of Lien on Certificate of Title and Removal of Lien {#sec-1010.130 omnilex-key=us-il-regs-official--title-92--1010.130}
a) Liens and security interests in any vehicle for which an Illinois certificate of title has been issued, may only be perfected as provided for in the IVC, and any other interests whether sought to be perfected by recording or under the provisions of the Uniform Commercial Code [815 ILCS 5], as amended, shall not supersede the notation of a lien on a certificate of title nor serve as a valid lien or security interest if no lien is noted on such certificate of title.
b) A lien recorded on a certificate of title may be removed from a title record and the certificate of title may be issued to either the vehicle owner or a secondary lienholder listed on a title without notice of the lien release being provided to the Secretary when the Secretary determines that:
1) the lien is more than seven years old;
2) the vehicle is more than 10 years old; and
3) the lienholder is out of business according to Secretary of State records or other actions undertaken by the Secretary of State to verify the status of the lienholder.
c) In accordance with IVC Sections 3-104 and 3-116, all applicable forms must be completed and fees paid in order to complete the transaction specified under subsection (b).
d) The procedure authorized in subsection (b) shall not be used to process the removal of any lien held for a manufactured home.
**History**
- *Source: Amended at 49 Ill. Reg. 10033, effective July 15, 2025*
## **Chapter II** Secretary of State
### **Part 1010** Certificates of Title, Registration of Vehicles
##### **92 Ill. Adm. Code 1010.140** Documents Required to Title and Register Imported Vehicles Not Manufactured in Conformity with Federal Emission or Safety Standards {#sec-1010.140 omnilex-key=us-il-regs-official--title-92--1010.140}
a) Definitions
"Customs" means the United States Customs Service within the United States Department of the Treasury.
Customs Form 301, entitled "Customs Bond," means a document completed by the importer to insure that the vehicle will be modified to achieve compliance with applicable emission and safety standards. Customs will not release this bond until it receives approval letters from both DOT and EPA.
Customs Form 4333A, entitled "Notice of Liquidation," means a form used by Customs to notify the importer of record that the vehicle has been approved for importation into the United States.
"Customs Regulations" means regulations promulgated by the United States Customs Service as set forth in 19 CFR 12.73 and 12.80 (1985).
"Dealers" means persons or organizations licensed under Section 5-101 or 5-102 of the Illinois Vehicle Code (Ill. Rev. Stat. 1983, ch. 95½, pars. 5-101 and 5-102) and regulated by 92 Ill. Adm. Code 1020, to sell new and/or used vehicles in Illinois.
"DOT" means the U.S. Department of Transportation.
"DOT Compliance Letter" means a letter written by the DOT to Customs which released the DOT's claim on the bond on the imported vehicle. The "DOT Compliance Letter" acknowledges receipt, from the importer, of a statement of compliance which meets the requirements of 19 CFR 12.80(e)(1985). The "DOT Compliance Letter" does not mean that the vehicle conforms with all applicable Federal Motor Vehicle Safety Standards. In this letter the DOT reserves the right to perform a compliance inspection to verify the information contained in the importer's statement of compliance.
DOT Form HS-7, entitled "Importation of Motor Vehicles and Motor Vehicle Equipment Subject to Federal Motor Vehicle Safety Standards," means a declaration by the importer that the vehicle is being imported under the provisions of 19 CFR 12.80 (1985). The importer or the importer's agent indicates whether the vehicle conforms, does not conform, or is exempt from federal safety standards.
"Entry Forms" means Customs Form 7501, entitled either "Entry Summary" or "Informal Entry." Entry forms are signed by the importer or the importer's agent and transmitted to Customs. Entry forms indicate whether the imported vehicles conform to, or are exempt from, federal emission and safety standards. The "Entry Summary" form is used when the vehicle is admitted under bond.
"EPA" means the U.S. Environmental Protection Agency.
"EPA Approval Letter" means a letter from the EPA to Customs which releases the EPA's claim on the bond on the imported vehicle. Attached to the EPA Approval Letter" is the EPA "Motor Vehicle Emission Test Report Form" which indicates that the vehicle has been tested and has been determined to be in compliance with federal emission standards.
"EPA Exemption Letter" means a letter written by the EPA to Customs which releases the EPA's obligation on the bond on the imported vehicle. The "EPA Exemption Letter" also advises the importer that according to federal law the vehicle is not required to comply with federal emission standards or that the importer paid a penalty assessed by customs because the vehicle failed to conform to federal emission standards.
EPA Form 3520-1, entitled "Importation of Motor Vehicles and Motor Vehicle Engines Subject to Federal Air Pollution Control Regulations," means a declaration by the importer that the vehicle complies with applicable emission standards, is exempt from such standards, or is being admitted under bond.
"Emissions Standards" means standards prescribed by the EPA pursuant to the Clean Air Act. (42 U.S.C. 7401 et seq. (1982)), as set forth in 40 CFR 85 (1984).
"Final Admission" means the vehicle has been approved for importation by Customs. For formal entries, final admission occurs after EPA and DOT have approved the importation and have notified Customs accordingly. Customs notifies the importer that the vehicle has been finally admitted by sending Customs Form 433A, the Notice of Liquidation.
"Foreign Documents of Ownership" means documents issued by foreign countries indicating that the bearer or the person or organization named in the document is the owner of the vehicle. Examples of these documents are listed for illustration purposes at subsection (c)(2).
Importer" means the party of record listed on Customs Form 301. The "importer does not necessarily mean the consumer who purchased the vehicle. The importer of record may be the broker who handles the importation for the consumer.
"International Registration Document" means an ownership document. This document does not indicate whether the vehicle complies with U.S. emission and safety standards.
"Manufacturer's Certificate of Origin (MCO)" means an ownership document. The MCO normally is issued by the manufacturer to vehicles manufactured for export to the United States. The MCO is issued to vehicles which meet U.S. emission and safety standards.
"Model Year" indicates the year the vehicle was manufactured. Vehicles will be designated with a particular model year pursuant to subsection (d)(5).
"Safety Standards" means standards prescribed by DOT pursuant to the National Traffic and Motor Vehicle Safety Act of 1966, as amended, (15 U.S.D. 1392, 1407 (1982)), as set forth in 49 CFR 571 (1984).
"VIN" means vehicle identification number.
b) Statement of Policy
1) Federal law prohibits a conditionally admitted motor vehicle from being operated on the public highways or sold until the motor vehicle has been finally admitted into the United States. Failure to comply constitutes a violation of Section 203(a)(1) of the Clean Air Act (42 U.S.C. 7523(a)(1)(1982)). (See 40 CFR 85.1507(1984)). Individual states are preempted from enforcing emission standards covered by the Clean Air Act. (42 U.S.C. 7543(a)(1982)). Similarly, vehicles are refused admission for failure to conform to safety standards pursuant to the National Traffic and Motor Vehicle Safety Act (15 U.S.C. 1397(b)(3)(1982)). These citations are provided for reference purposes and do not denote an incorporation by reference.
2) The Secretary's rules which follow do not represent an attempt by the State of Illinois to enforce either the Clean Air Act or the National Traffic and Motor Vehicle Safety Act. However, many form letters used by the federal agencies fail to identify the imported vehicle by VIN. Therefore, certain documents are required by the Secretary simply to ascertain that the vehicle for which title and registration is sought is the same vehicle admitted into the United States by Customs.
c) Documents Required to be Submitted to the Secretary of State Prior to Receiving Illinois Title and Registration
1) Federal Forms Required
A) Customs Form 7501, entitled "Entry Summary" or "Informal Entry;" and
B) EPA Form 3520-1 ("Importation of Motor Vehicles and Motor Vehicle Engines Subject to Federal Air Pollution Control Regulations") or EPA's "Motor Vehicles Emission Test Report Form"; and
C) Either an EPA approval letter or an EPA exemption letter; and
D) DOT compliance letter (stating vehicle is in compliance with 19 CFR 12.80(e)(1985)).
2) Foreign Documents of Ownership
A) A foreign document of ownership is required. This document must be in English or accompanied by an English translation. The titles of the documents issued by various countries are provided as examples:
Country
Document
Austria
TYPENSCHEIN or the EINZELGENEHMIGUNG
Belgium
CERTIFICAT D'IMMATRICULATION
France
CARTE GRISE
Italy
FOGLIO COMPLEMENTARE or the AUTOMOBILE CLUB D'ITALIA referred to as the 10/4A Form
Netherlands
KENTEKENBEWIJS
Switzerland
FAHRZEUGAUSWEIS
United Kingdom
Vehicle Registration Document
West Germany
FAHRZEUGBRIEF or International Registration document
B) Alternatively, a Manufacturer's Certificate of Origin (MCO) will be accepted from any country. This document must be in English or accompanied by an English translation.
3) Bill of Sale
A bill of sale is required if the seller is not a U.S. citizen and the sale occurred in a foreign county. This document must be in English or accompanied by an English translation.
d) Miscellaneous
1) First and subsequent Illinois buyers
A) The first Illinois resident who purchases an imported vehicle not manufactured in conformity with federal emission and safety standards must obtain a title for the vehicle in Illinois. The requirement of this subsection applies to persons and organizations licensed as vehicle dealers as well as to persons and organizations not licensed as vehicle dealers.
B) To apply for registration, subsequent Illinois buyers shall present the existing certificate of title issued by any U.S. state. The existing certificate must be endorsed or assigned to the registration applicant and must be accompanied by the application form provided by the Secretary of State and registration and title fees. Subsequent Illinois buyers shall not be required to furnish the documents listed in subsection (c) to obtain an Illinois title and registration.
2) If the Illinois resident applying for title and registration either never received or has lost the federal forms listed under subsection (c)(1), he or she must obtain a copy of the missing forms from the appropriate federal agency before the title and registration application will be processed by the Secretary of State. The Secretary will furnish the applicant with the federal agencies' addresses and telephone numbers.
3) For insurance purposes, the Secretary will issue a salvage certificate to a vehicle not manufactured in conformity with federal emission and safety standards despite the fact that the vehicle has not been admitted by Customs. The statutory language quoted below may be found at Ill. Rev. Stat. 1984 Supp., ch. 95½, par. 3-117.1(b)(1).
A) When an insurance company makes a payment of damages on a total loss claim for a vehicle, the insurance company shall be deemed to be the owner of such vehicle and the vehicle shall be considered to be salvage.
B) The vehicle owner shall submit an affidavit to the Secretary of State attesting that the vehicle was a total loss or was stolen before admission into the U.S. and before an Illinois Certificate of Title could be issued. The vehicle owner shall provide the Secretary with the name and address of his or her insurance company, the foreign documents of ownership and bill of sale, and shall identify the vehicle by manufacturer and VIN.
C) The salvage certificate shall be issued in the name of the insurance company.
D) An insurer making payment of damages on a total loss claim for the theft of a vehicle may exchange the salvage certificate for a certificate of title if the vehicle is recovered without damage, upon admission into the U.S. by Customs. The documents listed in subsection (c)(1) shall be submitted to the Secretary by the insurance company.
4) Any foreign-made vehicle manufactured between October 1 and December 31 of a particular calendar year will be identified with a model year based on the calendar year for the following January on the certificate of title if not identified by a different model year on the document of ownership. If the documents of ownership indicate a specified model year, that designation will be used on the certificate of title.
5) When the vehicle has been informally admitted by Customs, the vehicle either meets or is exempt from federal emission and safety standards. The importer or the importer's agent declares on DOT forms HS-7, EPA form 3520-1, and Customs' informal entry form that the vehicle either conforms to, or is exempt from, federal emission and safety standards. That the vehicle either conforms or is exempt must be indicated on all three forms. In this situation, the registration and title applicant shall supply these three forms, but need not submit the approval or compliance letters listed at subsections (c)(1)(C) and (c)(1)(D). The informal entry form must bear Customs' official entry file number. If the vehicle neither conforms nor is exempt from federal standards, the EPA and DOT approval letters must be supplied.
6) If the importer paid a penalty assessed by Customs to import a nonconforming vehicle, the title and registration applicant must provide a copy of the penalty letter and a copy of the receipt from Customs showing payment. The penalty letter and receipt shall provide proof that the title and registration applicant paid the assessed penalty and shall be accepted in lieu of the compliance or exemption letters.
**History**
- *Source: Added at 10 Ill. Reg. 1243, effective January 6, 1986*
##### **92 Ill. Adm. Code 1010.150** Transferring Certificates of Title Upon the Owner's Death {#sec-1010.150 omnilex-key=us-il-regs-official--title-92--1010.150}
a) This Section sets forth the required documentation to be submitted to the Vehicle Services Department within the Office of the Secretary of State to transfer decedents' certificates of title to vehicles. Upon the death of a vehicle owner, the procedure for transferring the vehicle title depends on whether the title was held individually by the decedent or held in joint tenancy. If the title was in the decedent's name only, the procedure depends on whether the decedent's estate is being probated. If the title was held jointly by the decedent and another person, the procedures in subsection (c) apply.
b) Original Title in Decedent's Name Only
One of the following three procedures shall be used to transfer the decedent's title to an heir, legatee or any third party.
1) Probate
If the decedent's estate is probated, the Secretary of State requires the following documents to transfer the decedent's certificate of title.
A) A certified copy of the letters of administration, letters testamentary, or letters of guardianship naming the legal representative of the decedent's estate.
B) The decedent's title must be surrendered, and it must be assigned by the legal representative of the estate to the transferee.
C) An application for title must be completed and signed by the transferee.
D) The applicant must submit the required $3 title fee, any applicable registration fees, and proof of compliance with, or exemption from, the Vehicle Use Tax (see 86 Ill. Adm. Code 151).
2) Small Estate Affidavit
A Small Estate Affidavit can be used to transfer the decedent's certificate of title if the conditions of Section 25-1 of the Probate Act of 1975 [755 ILCS 5] are satisfied, the estate was not probated, and the following documents are submitted to the Secretary of State.
A) A Small Estate Affidavit describing the vehicle by model year, make, and vehicle identification number. If the vehicle owner dies on or after September 16, 1985, a copy of the death certificate must be attached.
B) A certified copy of the will if the vehicle owner died testate.
C) The decedent's title must be surrendered.
D) An application for title must be completed and signed by the transferee.
E) The applicant must submit the required $3 title fee, any applicable registration fees, and proof of compliance with, or exemption from, the Vehicle Use Tax.
3) Attorney's Affidavit
The Attorney's Affidavit can be used to transfer the decedent's certificate of title if the following documents are submitted.
A) Attorney's Affidavit on the attorney's letterhead stationery, stating:
i) The name and last address of the decedent.
ii) The model year, make and vehicle identification number of the vehicle.
iii) To whom the vehicle is being transferred and the relationship between the transferee and the decedent, if any.
B) A copy of the death certificate.
C) The decedent's title must be surrendered.
D) An application for title must be completed and signed by the transferee.
E) The applicant must submit the required $3 title fee, any applicable registration fees, and proof of compliance with, or exemption from, the Vehicle Use Tax.
c) Original Title Held Jointly in Decedent's and Surviving Joint Tenant's Names
1) If the title applicant is the surviving joint tenant, the following documents are required to correct the title.
A) A copy of the death certificate.
B) The original title must be surrendered but need not be assigned.
C) An application for a corrected title to remove the decedent's name from the original title.
D) If the applicant plans to operate the vehicle, the applicant must submit an application to correct the registration. A current registration shall be assigned to the surviving joint tenant.
E) The applicant must submit the required $3 title fee and, if applicable, the $2 corrected registration fee.
2) If the surviving joint tenant chooses to transfer the vehicle to a third party, the following documents are required to transfer title.
A) A copy of the death certificate.
B) The original title must be assigned by the surviving tenant to the transferee.
C) An application for title must be completed and signed by the transferee.
D) The applicant must submit the required $3 title fee and show proof of compliance with, or exemption from, the Vehicle Use Tax.
E) If the transferee intends to operate the vehicle upon the public highways, the transferee must pay the applicable registration fees. The application for title will serve as an application for registration.
d) Beneficiary Designated on Title
1) Registering a Beneficiary on the Illinois Certificate of Title. The following apply:
A) The Illinois title must be registered as a sole owner with no lienholder.
B) The vehicle owner must be an individual and not a business (this business prohibition includes governmental bodies and lessees).
C) Titles showing a lienholder, lessor, or titled as joint tenancy (title held jointly by more than one person) may not carry a transfer on death beneficiary.
D) Only one beneficiary is allowed on the Illinois title.
E) A business can be listed as a beneficiary; however, ownership of the vehicle may not be reassigned to the business upon death of the legal owner if the business is dissolved or no longer exists as an entity at the time of the business beneficiary's application for title.
F) A notarized Beneficiary Affidavit will be required to apply for a title reflecting a beneficiary.
G) Ownership of the vehicle passes to the beneficiary upon death of the legal owner. The beneficiary must apply for a new title to complete the process. The beneficiary does not have rights to the deceased owner's plate registration. The new owner must obtain a new registration in order to drive the vehicle on public streets.
H) The signature or consent of the beneficiary shall not be required for any transaction relating to the motor vehicle or trailer for which a certificate of title with beneficiary has been issued.
I) The beneficiary may be changed at any time before death of a sole owner only by the following methods:
i) The registered owner may sell the motor vehicle before their death. With the proper reassignment and delivery of the certificate of ownership to another person.
ii) By filing an application for corrected title to reissue the certificate of ownership with no designation of a beneficiary or with the designation of a different beneficiary, along with the notarized affidavit of beneficiary and applicable fee for corrected title.
J) Upon the death of the sole owner of the vehicle when a beneficiary has been established on a certificate of title, the beneficiary may not be changed or revoked by a will, any other instrument, or a change in circumstances, or otherwise be changed or revoked, except by a court of law.
K) If a beneficiary is deceased before the owner, then upon the death of the owner, the motor vehicle or trailer shall be included in the probate estate of the deceased owner. The death certificate for the owner and beneficiary will be required at time of application for title.
2) Requesting a New Title with a Beneficiary After the Sole Owner Has Become Deceased. The following documents are required:
A) An application for title and registration, along with applicable fees. A beneficiary applicant may choose not to request registration; however, the beneficiary does not have rights to the deceased plate registration.
B) A Beneficiary Claim Form to claim beneficiary rights.
C) The decedent's certificate of title must be surrendered.
D) A copy of the decedent's death certificate.
E) The appropriate tax form and check payable to the Illinois Department of Revenue.
3) If the beneficiary does not want to take possession of the vehicle after death of the sole owner, the beneficiary must title the vehicle under their name before selling the vehicle to another person.
4) If the beneficiary listed is not an Illinois resident, the beneficiary may title the vehicle in their state of residency with the death certificate.
5) If the executor cannot locate the beneficiary upon death of the vehicle owner, the executor will be required to complete a notarized Unable to Locate Beneficiary Affidavit stating the fact that they have exhausted all resources to locate the beneficiary.
e) Miscellaneous
1) If the original title is lost, an affidavit explaining that the title cannot be located must be submitted by the transferor.
2) Surviving joint tenants and surviving spouses need not pay vehicle registration fees until the current registration expires. If the surviving spouse is not listed as a joint tenant on the decedent's title, a copy of the death certificate is required to show the marital relationship.
3) Title and registration fees may be combined in one check, electronic payment or money order made payable to the Secretary of State. Applicable title, registration and transfer fees are set forth in IVC Chapter 3 [625 ILCS 5].
4) Transferees who do not operate the vehicle upon the public highways need not apply for registration at the time of acquisition. (See 92 Ill. Adm. Code 1010.510.)
5) Proof of compliance with the Vehicle Use Tax shall consist of the Illinois Department of Revenue form RUT 50, or such other form used by that agency.
**History**
- *Source: Amended at 50 Ill. Reg. 3508, effective February 11, 2026*
## **Chapter II** Secretary of State
### **Part 1010** Certificates of Title, Registration of Vehicles
##### **92 Ill. Adm. Code 1010.160** Repossession of Vehicles by Lienholders and Creditors {#sec-1010.160 omnilex-key=us-il-regs-official--title-92--1010.160}
a) Pursuant to Section 3-114 of the IVC [625 ILCS 5], the Secretary of State established these procedures to be followed by a lienholder to allow the lienholder to obtain a certificate of title for a repossessed vehicle for which the lienholder does not have an assignment of title by the owner.
b) Procedures
1) The lienholder (creditor) shall forward the following forms to the owner (debtor) of the lienholder's vehicle at the last known address. The lienholder shall deliver or mail these forms.
A) "Notice of Redemption", which shall include:
i) the name of the owner of record and, in bold type at or near the top of the notice, a statement that the owner's vehicle was repossessed on a specified date for failure to make payments on the loan (or other reason);
ii) a description of the vehicle subject to the lien sufficient to identify it, i.e., year, make, model, and vehicle identification number;
iii) the right of the owner to redeem the vehicle;
iv) the lienholder's intent to sell or otherwise dispose of the vehicle after the expiration of 21 days from the date of mailing or delivery of the notice; and
v) the name, address, and telephone number of the lienholder from whom information may be obtained concerning the amount due to redeem the vehicle and from whom the vehicle may be redeemed under Section 9-506 of the Uniform Commercial Code [810 ILCS 5].
B) "Affidavit of Defense to the Creditor" (required only for the repossession of a vehicle used primarily for personal, family, or household purposes) that shall include:
i) the name of the lienholder, the name of the owner, and vehicle identification information, i.e., year, make, model, and vehicle identification number;
ii) space for the owner to state the defense claimed by the owner;
iii) an acknowledgement by the owner that the owner may be liable to the lienholder for fees, charges, and costs incurred by the lienholder in establishing the insufficiency or invalidity of the owner's defense; and
iv) notification that the "Affidavit of Defense to the Creditor" must be received by the lienholder no later than 21 days after the date of mailing or delivery of the "Notice of Redemption" in order to stop the transfer of title.
2) The debtor shall be allowed 21 days from the date of mailing of the "Notice of Redemption" to make restitution or to arrange a private settlement with the lienholder.
3) If the creditor obtains any "Affidavit of Defense to the Creditor," the creditor must apply to a court of competent jurisdiction to have the matter resolved. The Office of the Secretary of State shall not determine the merits of any debtor's "Affidavit of Defense to the Creditor."
4) If within 21 days from the date of the mailing of the "Notice of Redemption" the debtor neither submitted an "Affidavit of Defense to the Creditor" nor made restitution or any other agreement with the creditor, the creditor may apply for an Illinois certificate of title or assign the title to a third party purchaser to apply for title. The creditor or purchaser must submit the following documents:
A) An "Affidavit of Repossession"
i) providing the following information:
• that the vehicle was repossessed, and a description of the vehicle sufficient to identify it, i.e., year, make, model, and vehicle identification number;
• whether the vehicle has been damaged in excess of 50% of its fair market value (if the vehicle has been damaged in excess of 50% of fair market value, the lienholder shall apply for a salvage certificate);
• that the owner and any other lienholder on record were given notice, the owner of record was given the "Affidavit of Defense to Creditor" (required only for repossession of a vehicle used primarily for personal, family, or household purposes), and no response was received within 21 days after mailing or delivery;
• that the interest of the owner was lawfully terminated or sold pursuant to the terms of the security agreement; and
• the purchaser's name and address.
ii) The "Affidavit of Repossession" shall be submitted on a form prescribed by the Secretary of State, and can be obtained from any Secretary of State facility or by writing to the Vehicle Services Department, Howlett Building, Springfield IL 62756.
B) The outstanding Illinois certificate of title properly assigned to the purchaser. If the outstanding Illinois Certificate of Title is lost or otherwise not in the possession of the creditor, the creditor must apply for title in the creditor's own name, and attest on the "Affidavit of Repossession" that no third party is involved in the transaction and must also provide a copy of the contract establishing the debt between the creditor and debtor that specifically references the repossessed vehicle and is signed by the debtor.
C) An application for a certificate of title or a certificate of salvage. The application shall name the creditor or purchaser as the vehicle's new owner.
D) The applicant must submit the required title fee and applicable registration fees if the creditor or purchaser intends to operate the vehicle. Applicants who do not intend to operate the vehicle upon the public highways need not apply for registration at the time of acquisition. (See 92 Ill. Adm. Code 1010.510.)
E) Proof of payment of vehicle use tax, i.e., ST-556 or RUT-25.
c) Miscellaneous
1) If the repossessed vehicle, on the date of repossession, is not damaged in excess of 50% of its fair market value, the lienholder or purchaser shall apply for a certificate of title. If the repossessed vehicle, on the date of repossession, is damaged in excess of 50% of its fair market value, the lienholder shall apply for a salvage certificate.
2) Role of the Office of the Secretary of State, Department of Vehicle Services
A) The Secretary shall not consider any ex parte allegations or assertions regarding the validity or invalidity of the creditor's claim to the vehicle or the debtor's asserted defenses to the repossession action.
B) If any "Affidavit of Defense to the Creditor" is received by the creditor, the creditor must apply to a court of competent jurisdiction to have the matter resolved and to have the court state which party is entitled to possession of the vehicle.
C) If the debtor has any complaint about the manner of notice or sends the "Affidavit of Defense to the Creditor" after the creditor has applied for a title, the debtor must apply to a court of competent jurisdiction to order the Secretary not to issue title to the creditor or to the creditor's assignee. If a new certificate of title has already been issued, the matter must be resolved by a court of competent jurisdiction.
3) "Date of mailing" means the date shown on the postmark.
**History**
- *Source: Amended at 49 Ill. Reg. 1590, effective January 22, 2025*
##### **92 Ill. Adm. Code 1010.170** Junking Notification {#sec-1010.170 omnilex-key=us-il-regs-official--title-92--1010.170}
a) If a vehicle is sold to a scrap processor, the scrap processor may file a junking notification form with the Department in lieu of applying for a junking certificate pursuant to Section 3-117.2 of the Illinois Vehicle Title and Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1988 Supp., ch. 95½, par. 3-117.2).
b) A junking notification form shall be filled out completely and contain the following information:
1) the title number of the vehicle, if applicable;
2) the vehicle identification number;
3) the year model, vehicle make, vehicle model, and body type;
4) the scrap processor's name, address and license number;
5) the agent's signature for scrap processor; and
6) the seller's name and address.
c) The junking notification form shall be accompanied by original documents identifying proof of ownership. Proof of ownership shall include a properly assigned title, a salvage certificate, or a certificate of purchase completed by police or towing company.
d) A photocopy of the junking notification form and copies of the proof of ownership documents shall be retained by the scrap processor for at least three (3) years. The original documents shall be mailed to the following address:
Office of the Secretary of State
Title Processing Division
Room 611, Centennial Building
Springfield, Illinois 62756
**History**
- *Source: Added at 14 Ill. Reg. 9492, effective June 1, 1990*
##### **92 Ill. Adm. Code 1010.180** Specially Constructed Vehicles - Defined {#sec-1010.180 omnilex-key=us-il-regs-official--title-92--1010.180}
"Specially Constructed Vehicle" means a vehicle of a type required to be registered that has been materially altered from its original construction and body style by the removal, addition or substitution of major component parts from two or more vehicles or motorcycles of a different make, model or year. Major component part shall include the chassis, frame, cab, shell, kit, engine block, engine casing, transmission, and unitized body supporting structure. For the purposes of this Section, "body style" means the physical appearance of the vehicle, e.g., 2-door car, pick-up truck, van, motorcycle, etc.
**History**
- *Source: Added at 21 Ill. Reg. 8408, effective June 23, 1997*
##### **92 Ill. Adm. Code 1010.185** Specially Constructed Vehicles - Required Documentation for Title and Registration {#sec-1010.185 omnilex-key=us-il-regs-official--title-92--1010.185}
a) The following shall be forwarded to the Office of the Secretary of State:
1) A statement detailing how the vehicle was constructed, which must include the origin, make, model, year and identification numbers of the major component parts (as defined in Section 1010.180) used to construct the specially constructed vehicle.
2) The ownership document of the first make used to assemble the chassis, frame, or other major component parts.
A) For the purpose of this Section, "first make" means the manufacturer make of the chassis, frame, or other major component part used to construct the specially constructed vehicle, unless the part is manufactured by someone other than the recognized automobile, motorcycle or kit manufacturer or the part is without the assigned vehicle identification number. Ownership documents include the following:
i) assigned Manufacturer's Certificate of Origin;
ii) assigned certificate of title;
iii) assigned salvage certificate;
iv) assigned junking certificate;
v) copy of certificate of title in the name of the applicant for the specially constructed vehicle;
vi) copy of salvage certificate in the name of the applicant for the specially constructed vehicle; or
vii) copy of junking certificate in the name of the applicant for the specially constructed vehicle.
B) If the frame is a part of the new kit assembly and only other major component parts from the original vehicle are being used to construct the vehicle, a copy of one of the items listed in subsection (a)(2)(A) is required. The copy must show the vehicle properly assigned to the applicant. Bills of sale or an affirmation statement may be submitted for the major component parts. The bill of sale/affirmation statement must include the year, make and vehicle identification number.
C) A specially constructed vehicle shall not use a frame acquired from a vehicle for which a junk certificate has been issued. Any vehicle constructed with a frame acquired from a junk vehicle is ineligible for title and registration as a specially constructed vehicle.
3) If the frame/body is constructed from various materials or the major component parts are from various materials/vehicles, bills of sale for those materials. An affirmation statement indicating the frame or major component parts were built from materials the applicant had previously owned may be submitted in lieu of bills of sale. The bill of sale/affirmation statement must include the year, make and the vehicle identification number. The frame year and make will be considered as the physical year of application and reflect "SPECIALLY CONSTRUCTED" as the make.
4) The ownership document of the second make used to assemble the body, car kit, glider kit, motorcycle kit, or motorcycle major component parts.
A) For the purpose of this subsection (a)(4), "second make" means the manufacturer make of the body, car kit, glider kit, motorcycle kit or motorcycle major component parts used to construct the specially constructed vehicle. Ownership documents include:
i) Assigned Manufacturer's Certificate of Origin;
ii) assigned copy of certificate of title;
iii) assigned copy of salvage certificate;
iv) assigned copy of junking certificate;
v) copy of certificate of title in the name of the applicant for the specially constructed vehicle;
vi) copy of salvage certificate in the name of the applicant for the specially constructed vehicle;
vii) copy of junking certificate in the name of the applicant for the specially constructed vehicle; or
viii) bills of sale for parts to build body portion. These must include the year, make and the vehicle identification number.
B) If the above ownership documents cannot be furnished by the owner, the specially constructed vehicle may be issued a certificate of title in accordance with Section 3-109 of the Illinois Vehicle Code. Bonding includes those cases in which an owner builds a vehicle from different materials and can neither furnish ownership documents nor identify the specific model year. Specially constructed vehicles which must be bonded will be issued a certificate of title with the make as "SPECIALLY CONSTRUCTED" and reflect only the Secretary of State assigned vehicle identification number. The year model will be determined according to the date of application.
5) An application for certificate of title and registration accompanied by the appropriate fees.
6) Illinois sales tax or vehicle use tax, if applicable.
7) Three pictures of the completed vehicle, from the front, side and rear.
b) Upon approval of the documentation provided, the Secretary of State Department of Police, at their discretion, may inspect the vehicle to ascertain whether all safety items have been installed and are operating properly, and whether the vehicle contains any stolen parts.
**History**
- *Source: Amended at 50 Ill. Reg. 3508, effective February 11, 2026*
## **Chapter II** Secretary of State
### **Part 1010** Certificates of Title, Registration of Vehicles
##### **92 Ill. Adm. Code 1010.190** Issuance of Title and Registration Without Standard Ownership Documents – Bond {#sec-1010.190 omnilex-key=us-il-regs-official--title-92--1010.190}
a) Definitions
"Appraisal" means an affirmation statement of the current wholesale value of the vehicle by a disinterested person of suitable qualifications, such as a licensed new or used vehicle dealer (including motorcycle, mobile home, and trailer dealers), a licensed rebuilder (for salvage and junk vehicles only), a licensed real estate agent (for mobile homes only), or an officer of an antique vehicle club or association (for antique vehicles only).
"Cash bond" means a bond executed by the applicant for vehicle ownership and accompanied by the deposit of cash in the form of currency, cashier's check, money order, or bank certificate of deposit made payable to the State Treasurer.
"Surety bond" means a bond executed by the applicant for vehicle ownership and a person/firm authorized to conduct a surety business in Illinois which obligates the guarantor to pay a third party upon default by the applicant in the performance of any duty the applicant owes to any third party.
"Wholesale value" means the trade-in value of a vehicle or the value of a vehicle sold between licensed dealers and not at retail.
b) Statement of Policy
Section 5/3-109 of the Illinois Vehicle Code provides that, in the absence of standard ownership documents, the Secretary of State may as a condition of issuing a certificate of title require the applicant to file a bond in the form prescribed by the Secretary of State and executed by the applicant and either accompanied by the deposit of cash or also executed by a person/firm authorized to conduct a surety business in Illinois. The bond shall be in the amount equal to 1 1/2 times the current wholesale value of the vehicle and conditioned to indemnify the Secretary of State and any prior owner or lienholder and any subsequent purchaser of the vehicle, or person acquiring any security interest in the vehicle, and their respective successors in interest, against any expense, loss or damage, including reasonable attorney's fees, by reason of the issuance of a certificate of title for the vehicle or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the vehicle. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability to all persons shall not exceed the amount of the bond. The bond and any deposit accompanying it shall be returned at the expiration of 3 calendar years from the date of filing, or prior thereto at the applicant's request if the vehicle is no longer registered in this State, and the currently valid certificate of title is surrendered to the Secretary of State, unless the Secretary of State has been notified of the pendency of an action to recover on the bond.
c) Documents Required to be Submitted to the Secretary of State Prior to Issuance of Title/Registration Without Standard Ownership Documents
1) Evidence of the right of the applicant to acquire title, such as a bill of sale, receipt, or canceled check. If such evidence is not available, an affirmation statement detailing the circumstances under which the vehicle was acquired without title is required.
2) An appraisal of the current wholesale value of the vehicle from a licensed new or used vehicle dealer (including motorcycle, mobile home, and trailer dealers); a licensed rebuilder (for salvage or junk vehicles only); a licensed real estate agent (for mobile homes only); or an officer of an antique vehicle club or association (for antique vehicles only). The appraisal should be an affirmation statement and should contain a complete description of the vehicle (year, make, model, and vehicle identification number); the current wholesale value; a statement that the vehicle is intact and that all major component parts are present; a statement that the appraisal value is accurate to the best of the appraiser's knowledge and that the affirmation is made under penalties of perjury; the signature and printed name of the appraiser; the firm name, address, and dealer license number; and the date of the appraisal. (A suggested Affirmation of Appraisal form follows.)
The appraisal can also be obtained from a used vehicle price guide, supported by copies of the front cover and pertinent pages of the guide.
AFFIRMATION OF APPRAISAL
The undersigned hereby affirms that the value of the vehicle described below is $ ________ and that the vehicle is intact and all major component parts are present.
Year
Make
Model
Vehicle Identification Number
I affirm, under penalties of perjury, that the foregoing statement is accurate to the best of my knowledge.
Firm Name
Signature of Appraiser
Address
Printer Name of Appraiser
Dealer License Number
Date of Appraisal
3) A surety bond or cash bond executed in the form prescribed by the Secretary of State in an amount equal to 1½ times the appraised value of the vehicle.
4) A completed application for certificate of title/registration accompanied by a fee of $13 for issuance of title, and if license plates are desired, proper registration fee according to the appropriate schedule.
5) A completed Vehicle Use Tax Return and tax payment, if applicable.
d) Miscellaneous
1) If the title records of the Secretary of State reflect a lien, a lien release from the lienholder must accompany the transaction.
2) If the title record is a Salvage Certificate or Junking Certificate, a bond will not be accepted to issue a clean certificate of title.
3) A bond will not be accepted to issue title on an abandoned vehicle, a vehicle subject to a mechanic's lien, or a repossessed vehicle.
**History**
- *Source: Added at 22 Ill. Reg. 8521, effective April 28, 1998*
##### **92 Ill. Adm. Code 1010.193** Procedures for Application for Title for Vehicles Purchased at Mechanic's Lien Sales {#sec-1010.193 omnilex-key=us-il-regs-official--title-92--1010.193}
a) Purpose. This Section sets forth the procedures that must be followed by persons who are applying for certificates of title, salvage certificates or junking certificates for vehicles purchased at sales conducted to foreclose liens on vehicles (commonly referred to as "mechanic's liens"), when the sales were held pursuant to the Labor and Storage Lien Act [770 ILCS 45] using the procedures set forth in the Sale of Unclaimed Property Act [770 ILCS 90], or pursuant to the Labor and Storage Lien (Small Amount) Act [770 ILCS 50].
b) For the purposes of this Section:
1) "Applicant" means an individual who is applying for a certificate of title, salvage certificate, or junking certificate for a vehicle purchased at a sale conducted pursuant to the Labor and Storage Lien Act, using the procedures set forth in the Sale of Unclaimed Property Act, or conducted pursuant to the Labor and Storage Lien (Small Amount) Act.
2) "Consent for materials, labor or storage", which must be given before any materials, labor or storage is provided, means either:
A) the written consent as shown via a signature of the registered owner of the vehicle, the owner's authorized agent, or the lawful possessor; or
B) a written record of a verbal consent of the registered owner, owner's authorized agent, or lawful possessor that includes the date and time of the conversation, a notation of the services that were consented to, the name of the individual spoken to, and, if available, that individual's phone number.
3) "IVC" means the Illinois Vehicle Code.
4) "Lawful possessor" means an individual who has the registered owner's or the owner's authorized agent's permission to be in possession of the vehicle and to approve or agree to repair or storage charges for the vehicle.
5) "Owner" means the individual or individuals, or other legal entity, appearing on the vehicle title as the owner, lessor or lessee.
6) "Owner's authorized agent" means an individual given authority by the registered owner of the vehicle to act on the registered owner's behalf with regard to authorizing vehicle repairs and storage.
7) "Secretary" means the Illinois Secretary of State or his or her designee.
8) "Vehicle" shall have the same meaning as ascribed in IVC Section 1-217.
c) An applicant who has purchased a vehicle pursuant to a mechanic's lien sale, as set forth in the Labor and Storage Lien Act, using the procedures set forth in the Sale of Unclaimed Property Act, or the Labor and Storage Lien (Small Amount) Act shall submit the following to the Secretary when applying for a certificate of title, salvage certificate, or junking certificate for the purchased vehicle:
1) a Mechanic's Lien Affirmation (VSD-526), provided by the Secretary, that is properly completed, in full, by the lienholder offering the vehicle for sale and signed by the applicant or the applicant's agent;
2) a fully completed application for certificate of title, salvage certificate or junking certificate;
3) documents provided to the applicant by the lienholder offering the vehicle for sale showing the notice requirements of the Labor and Storage Lien (Small Amount) Act or the Sale of Unclaimed Property Act were fulfilled. These documents shall include:
A) verification of ownership of the vehicle at the time notices of the sale were mailed and published, including a title search conducted by the Secretary's Vehicle Records Division and, if the vehicle is not found in the Secretary's records, a search of a national database (e.g., Carfax, Experian, NMVTIS) to determine the state in which the vehicle was last registered and a title search conducted by the department of motor vehicles in that state; the search of another state's department of motor vehicle records may be conducted by a third party vendor when those services are available;
B) proof of notifications:
i) notices sent by certified mail at least 30 days prior to the date of the sale, that include an original or a copy of the actual notices mailed to the owners and lienholders of record of the vehicle, along with:
• the USPS date-stamped receipts for certified mail, and a signed return receipt, or any unopened certified letter or letters returned by the USPS as undeliverable or unclaimed; or
• a receipt for the certified mailing along with the USPS printout showing the actual or attempted delivery of the mailing;
ii) original or copy of publication of the sale in a newspaper of general circulation in the municipality or county where the sale is to be held, published at least 30 days prior to the date of the sale (one publication for liens of $2,000 or less, and one per week for three consecutive weeks for liens in excess of $2,000) that show the published notices and a certificate of publication identifying the name of the publication and publication dates;
iii) notice by service, if applicable, when an affidavit of service is filed with the Clerk of the Circuit Court with liens in excess of $2,000 for unknown owners or lienholders or in cases in which the mail is undeliverable;
iv) all notices shall include the amount of the lien; and
v) not less than 15 business days after the submission of a completed application for title pursuant to a mechanic's lien foreclosure, the Secretary shall verify that no additional parties have an interest in the vehicle that requires notification as set forth in subsection (c)(3)(B)(i);
4) a copy of the invoice or work order reflecting the vehicle make, model, year, VIN and registration state and license plate number, the services rendered, including materials, labor and storage, the total amount due, the date the vehicle was brought in for services, and the owner's complete name, address and contact information;
5) documentation showing the materials, labor or storage services were consented to by the owner, the owner's authorized agent, or the lawful possessor who brought the vehicle in for service, along with an explanation of the relationship between the authorized agent or lawful possessor and the registered owner if the services charges for the vehicle were incurred at the request of an authorized agent or lawful possessor;
6) photographs showing the front, rear and both sides of the vehicle to determine the status of the repairs, if any, to assist in determining the appropriate title or brand to be issued for the vehicle, and, if requested by the Secretary, a photograph of the dashboard VIN plate to assist in identifying the vehicle;
7) the appropriate, current certificate of title or salvage certificate fee;
8) the appropriate sales or use tax form and sales or use tax payment payable to the Illinois Department of Revenue, if applicable; and
9) any other documents the Secretary deems necessary (e.g., proof that a foreign made, limited production vehicle is exempt from EPA regulations).
d) The contracted charges that are incurred against a vehicle, whether for materials, labor or storage, shall not be adjusted or manipulated to meet the lien amount set forth in Sections 5 and 6 of the Labor and Storage Lien (Small Amount) Act, thereby altering the statutory priority of existing prior perfected security interests or lienholders under Section 4 of the Labor and Storage Lien Act. Storage shall be charged at an agreed-upon or posted rate, or at a usual and customary rate for the geographical area where the vehicle is stored.
e) The vehicle for which a certificate of title, salvage certificate or junking certificate application is filed pursuant to a mechanic's lien sale shall be subject to all statutory and administrative rule provisions in regards to the appropriate type of title, or brand on the title, that will be issued for the vehicle, including, but not limited to, certificate of title, rebuilt title, salvage certificate, junking certificate, flood or corrected branding, any applicable lienholders, and any safety inspections prior to processing the application.
f) Vehicles removed from public or private property at the request of a vehicle owner or operator, or as authorized by a law enforcement agency in compliance with IVC Sections 4-201, 4-202 and 4-203, and stored by a commercial vehicle relocator or any other towing service, shall be subject to a possessor lien for services pursuant to the Labor and Storage Lien (Small Amount) Act. Consent for the towing and storage shall be deemed satisfied by compliance with Sections 18a-302 and 18a-300(6) of the Illinois Commercial Relocation of Trespassing Vehicles Law [625 ILCS 5/Ch. 18a, Art. 3]. However, no such lien shall exceed $2,000 in its total amount, or be increased or altered to reflect any charge for services or materials rendered in addition to those authorized by the IVC.
g) Vehicles removed from non-residential private property at the request of the owner of the private property or other person in lawful possession or control of the private property, in compliance with the Illinois Commercial Relocation of Trespassing Vehicles Law shall be subject to a possessory lien for services pursuant to the Labor and Storage Lien (Small Amount) Act. Consent for the towing and storage shall be deemed satisfied if the private property owner has posted appropriate signs as required by Section 18a-302 of the Commercial Relocation of Trespassing Vehicles Law. In no event shall any such lien be increased or altered to reflect any charge for services or materials rendered in addition to those authorized by the Commercial Relocation of Trespassing Vehicles Law.
h) The Secretary reserves the right to compare the signature of the owner of the vehicle, the owner's authorized agent, or the lawful possessor that is presented as proof of consent to the signature on file with the owner's, the authorized agent's, or the lawful possessor's driver's license or identification card to ensure the validity of the signature.
i) The Secretary shall consider each application for certificate of title, salvage certificate or junking certificate for a vehicle purchased at a mechanic's lien sale a maximum of 3 times. Notice of the second or third denial shall be sent directly to the applicant, as well as to any intermediary party acting on the applicant's behalf. If the application is denied after the third submission, the applicant shall have the right to appeal the denial of the application through the administrative hearing process (see 92 Ill. Adm. Code 1001.Subpart A). The Secretary may allow one additional review before issuing a final decision regarding the application when it is determined that the information or documentation necessary to complete the application exists, but was not previously submitted due to a misunderstanding or oversight.
**History**
- *Source: Added at 39 Ill. Reg. 5106, effective March 20, 2015).*
##### **92 Ill. Adm. Code 1010.195** Procedures and Disclosures for Vehicles Previously Titled in Areas Flooded as a Result of a Natural Disaster {#sec-1010.195 omnilex-key=us-il-regs-official--title-92--1010.195}
As used in this Section, the term "areas flooded as a result of a natural disaster" (hereinafter, "flooded area") shall refer to a geographic area that has been declared a natural disaster by state or federal officials and flooded to a depth in excess of one foot, in an area in excess of one square mile.
a) An application for an Illinois certificate of title for a vehicle that was last titled in a flooded area will be subject to the following procedures:
1) the vehicle will be checked against the National Insurance Crime Bureau (NICB) database to determine if the vehicle is a known flood-damaged vehicle; and
2) if the vehicle is not in the NICB database as a known flood-damaged vehicle, the Secretary shall determine whether the vehicle was last registered in a county (or parish in Louisiana) that was included in the flooded area.
b) Any vehicle listed by NICB as a known flood-damaged vehicle shall be issued an Illinois salvage certificate with the brand "flood".
c) The applicant for a title for a vehicle that was not in the NICB database as a known flood-damaged vehicle, but was last registered in a county included in a flood area, unless the jurisdiction in which the vehicle was last registered reports flood vehicles to the National Motor Vehicle Title and Information System (NMVTIS), shall be required at the time of application to complete a flood disclosure statement. This statement shall require the applicant to disclose whether the vehicle sustained physical damage or water damage as a result of the flooding and, if there was damage, the extent of damage the vehicle sustained. If a previous jurisdiction reports flood status to NMVTIS and the Secretary is able to ascertain whether or not a vehicle sustained flood damage due to a natural disaster, then a flood disclosure form does not need to accompany an application for a certificate of title. The Secretary does reserve the right to request a flood disclosure at any time, if the NMVTIS system is unavailable or the vehicle's status is undetermined.
d) If a vehicle is not listed by NICB as a known flood-damaged vehicle and was last registered in a county included in a flood area, and the application is accompanied by a flood disclosure statement, that vehicle shall be issued an Illinois certificate of title or salvage certificate, as determined by the information in the flood disclosure statement.
e) If a vehicle is not listed by NICB as a known flood-damaged vehicle and was last registered in a county included in a flood area, and the application is not accompanied by a flood disclosure statement, that vehicle shall be issued an Illinois salvage certificate with the brand "flood".
f) Vehicles titled in Illinois that had a title branded from the previous state will receive a similar Illinois branded title.
g) The Secretary will utilize these procedures for up to 12 months after the date of the natural disaster declaration.
**History**
- *Source: Amended at 46 Ill. Reg. 4938, effective March 7, 2022*
##### **92 Ill. Adm. Code 1010.200** Homemade Trailers - Title and Registration {#sec-1010.200 omnilex-key=us-il-regs-official--title-92--1010.200}
a) A "homemade trailer" shall be defined as:
1) A trailer that was built from various parts and not manufactured by an established company;
2) The trailer has never been issued a manufacturer's ownership document; and
3) No prior registration information exists for the trailer.
b) The application for a Certificate of Title and Registration for a homemade trailer must be made by the owner to the Secretary of State. In addition to the application for title, the applicant must submit to the Secretary of State:
1) An affirmation stating the trailer is in fact a homemade trailer, signed by the applicant;
2) A statement of construction, describing the materials used in the construction of the trailer;
3) Four pictures of the trailer, from both sides, the front and the rear of the trailer; and
4) Applicable title and registration fees.
c) Upon approval of the documentation provided, the Secretary of State Department of Police must inspect the trailer to ascertain whether it is safe for highway use, whether all safety items have been installed and are operating properly, and whether the trailer contains any stolen parts.
d) All homemade trailers must be inspected by the Secretary of State Department of Police prior to issuance of a Certificate of Title and Registration. Any homemade trailer weighing 5,001 lbs. or more must also be inspected by the Illinois Department of Transportation prior to issuance of a Certificate of Title.
e) Upon completion of a successful inspection, the Secretary of State Department of Police must attach a unique vehicle number to the homemade trailer. The unique vehicle identification number shall be made part of the homemade trailer's record.
**History**
- *Source: Added at 34 Ill. Reg. 10202, effective June 29, 2010*
##### **92 Ill. Adm. Code 1010.210** Application for Registration {#sec-1010.210 omnilex-key=us-il-regs-official--title-92--1010.210}
a) Cash or stamps may not be mailed for payment of any registration fee or tax.
b) Leased Vehicles:
The application shall contain the name of the Lessor. The vehicle may be registered in the name of the Lessee if the Lessee includes a valid copy of the lease with the application for registration. The Lessee may then apply for special plates in his or her own name.
c) Newly-Acquired Vehicles:
Application for registration shall be made by the new owner on the date of acquisition or when the vehicle becomes subject to registration as provided in 92 Ill. Adm. Code 1010.510, and filed with the Secretary of State personally or by U.S. Mail. The dealer who sold the vehicle shall accept the application from the new "owner" and must within 15 days transmit the application and fees to the Secretary of State, as provided in Section 3-113 of the Illinois Vehicle Code (IVC) [625 ILCS 5].
d) Trailer Registrations:
Semitrailer registrations shall only be issued to trailers being used and towed:
1) by a “commercial vehicle”, as defined in Section 1-111.8 of the IVC;
2) in combination with any vehicle being used in “farm to market agricultural transportation” as defined in Section 1-119.6 of the IVC; or
3) in combination with any vehicle registered as an “apportionable vehicle”, as defined by Section 3-400 of the IVC.
**History**
- *Source: Amended at 46 Ill. Reg. 16391, effective September 16, 2022*
##### **92 Ill. Adm. Code 1010.220** Vehicles Subject to Registration – Exceptions {#sec-1010.220 omnilex-key=us-il-regs-official--title-92--1010.220}
Every vehicle moved upon a highway of the State of Illinois is subject to registration in Illinois except:
a) Vehicles of non-residents eligible for reciprocity as hereinafter provided.
b) Vehicles bearing a temporary registration permit issued by the Secretary of State pursuant to Section 3-407 of the Code.
c) An "implement of husbandry", as defined in Section 1-130 of the Code, only incidentally operated or moved over a highway.
d) Any "special mobile equipment" as defined in Section 1-191 of the Code, and only incidentally operated or moved over a highway.
e) Any vehicle powered by overhead trolly wires, whether on rails or not, and as defined in Sections 1-202 and 1-206 of the Code.
f) Vehicles either titled or owned and used by contractors in the construction, repair or maintenance of highways.
1) Provided said vehicles are used as work vehicles solely at the site of the new highway construction within the construction site limits as defined by Illinois Department of Transportation district engineer as acceptable for such construction operation. Said vehicles may not be used to transport materials to or from the construction site. Said vehicles may not be operated upon public highways open to vehicular traffic, unless there is present at both the point of commencement and termination of each site either manual or automated traffic control devices so as to insure safe movement of all vehicular traffic.
2) Provided said vehicles are not operated on public highways to or from the site and are used solely as work vehicles, at the site of highways which are under repair within the construction site limits as defined by Illinois Department of Transportation district engineer as acceptable for such construction operation. Said vehicles may not be used to transport materials to or from the construction site. Said vehicles may not be operated upon public highways open to vehicular traffic, unless there is present at both the point of commencement and termination of each site either manual or automated traffic control devices so as to insure safe movement of all vehicular traffic.
**History**
- *Source: Amended at 3 Ill. Reg. 12, p. 76, effective March 23, 1979*
##### **92 Ill. Adm. Code 1010.230** Refusing Registration or Certificate of Title {#sec-1010.230 omnilex-key=us-il-regs-official--title-92--1010.230}
a) The Secretary of State shall refuse registration or transfer of registration; the issuance of a certificate of title, transfer or assignment of a certificate of title, when the Secretary of State makes a determination that the vehicle by its size or design would create a dangerous and hazardous condition upon the highway, or that the vehicle is not manufactured or designed for general highway use and operation.
b) In making the determination set forth in 1010.230 (a), the Secretary of State, may consider, but not in limitation thereof, the following factors:
1) That such vehicle, by its size, design or otherwise, is in such unsafe condition as to endanger the person or property of other; or that such vehicle does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required by (Ill. Rev. Stat. 1981, ch. 95½, pars. 12-100 et seq.)
2) That said vehicle by its size or design, without major additions, adjustments, or modifications thereto, does not have an operating capability, for general street and highway use.
3) That said vehicle was not designed, manufactured, marketed and sold by said manufacturer through retail vehicle dealers, for general street and highway use and operation.
4) That the minimum required wheelbase measurement for registration and titling of such vehicle be and is forty-four (44) inches between any two axles thereof; for the purpose of this Part said wheelbase shall be measured upon a straight line from center to center of the vehicle axles designated.
5) That the minimum inside wheel diameter, or "rim" measurement, for registration and titling of such vehicle be and is fifteen (15) inches across.
6) That the vehicle have the performance capability of generating, developing and maintaining adequate power and speed so as not to impede or block the normal and reasonable movement of traffic on public streets and highways.
7) Compliance by applicant with all laws, regulations and requirements relating to the issuance of Registration Plates and Certificates of Title.
##### **92 Ill. Adm. Code 1010.240** Registration Plates to Be Furnished by the Secretary of State {#sec-1010.240 omnilex-key=us-il-regs-official--title-92--1010.240}
a) General Provisions
1) The Secretary of State may issue registration plates and/or stickers at facilities and offices maintained by the Secretary of State in Springfield or Chicago, or at other locations.
2) In addition, the Secretary of State may, in his or her discretion, cause registration plates and/or stickers to be issued by financial institutions or retail merchants, and applications for renewal of registrations for such vehicles as the Secretary of State may designate to be received and processed for transmittal to the Secretary of State by the financial institutions or retail merchants. For that purpose, the Secretary of State may deposit Illinois registration plates and/or stickers with the financial institutions or retail merchants. In addition, the Secretary may cause registration plates and stickers to be issued pursuant to Section 1010.245 and may cause registration renewal stickers to be issued by retail merchants.
3) The Secretary may further cause registration and title applications to be serviced and remitted, by licensed remittance agents, to the Secretary of State, as provided in the Vehicle Code.
4) The term "financial institution", for the purposes of this Part, shall mean any federal or state chartered bank, savings and loan, credit union, and currency exchange, either directly or indirectly through an armored carrier. For the purposes of subsection (a)(2), the term "financial institution" also means an armored carrier approved by the Secretary to issue registration plates/stickers. The term shall also include insurance companies and licensees under the Sales Finance Agency Act [205 ILCS 660] and the Consumer Installment Loan Act [205 ILCS 670]. The term "retail merchant", for the purposes of this Part, shall mean a business that is engaged in the sale of goods or services to the general public and that has one or more permanently established places of business in Illinois.
5) The Secretary may, in his or her discretion, cause registration plates and stickers to be issued by motor vehicle dealers.
6) With the exception of electronic registration and titling service providers, as set forth in Section 1010.245(b), no entity or person, other than the Secretary, will be allowed to sell license plates or registration stickers over the internet.
b) Application for Participation in the Over-The-Counter Sales Program
1) The Secretary of State will accept the application of any financial institution or retail merchant to participate in the over-the-counter program, if the Secretary of State makes a determination that the establishment of the institution or retail merchant in the program will provide a beneficial service to the general public and will be cost effective for the Secretary of State to administer for the People of the State of Illinois, and that the institution or retail merchant can provide sufficient security for both the handling of State fees and taxes collected and the handling and storage of registration plates and/or stickers.
2) In making the determination required by subsection (b)(1), the Secretary of State will consider, but shall not be limited by, the following factors:
A) Tentative acceptance of the terms contained in the Financial Institution/Retail Merchant License Plate/Sticker Agreement between the Secretary of State's Office and the institution or retail merchant;
B) Previous participation by the institution or retail merchant in the program and, if any, the circumstances surrounding its leaving the program;
C) Current participation by the institution or retail merchant in the over-the-counter sales program at other locations;
D) Submission by the institution or retail merchant of a current copy of its blanket or fidelity bond, or if no such bond is maintained and the institution or retail merchant is a self-insurer, then a certificate of deposit payable to the Secretary of State, or an irrevocable letter of credit form a third party bank to the Secretary of State in an amount sufficient to protect the Secretary of State in the same manner as the Secretary would be protected if the blanket or fidelity bond were in force;
E) Total passenger registration for the county;
F) Total number of over-the-counter passenger sales in the community and county in the previous registration year;
G) Estimated annual registration plate and sticker sales for this location;
H) Estimated volume of walk-in traffic at this location;
I) Population of the community;
J) Population of the county;
K) Number of banks in the community currently participating in the program in relation to the total number of banks in the community;
L) Number of savings and loans in the community currently participating in the program in relation to the total number of savings and loans in the community;
M) Number of currency exchanges in the community currently participating in the program in relation to the total number of currency exchanges in the community;
N) Number of credit unions in the community currently participating in the program in relation to the total number of credit unions in the community;
O) Number of retail merchants in the community currently participating in the program in relation to the total number of retail merchants in the community;
P) Locations of other institutions in the community currently in the program;
Q) Total number of institutions in the community currently in the program;
R) Financial stability;
S) Total full time and part time employees at proposed selling location;
T) Selling location if different from main location;
U) Selling area within the institution or retail merchant;
V) Business days and hours the institution or retail merchant is open to the public.
3) Miscellaneous Provisions
A) Over-the-counter program, for purposes of this Section, shall mean the program in which the Secretary of State, by contractual agreement, authorizes a financial institution or retail merchant to sell license plates and/or renewal stickers to the general public, at a particular location.
B) The acceptance of any application will be, in addition to the requirements in subsection (b)(1), dependent upon the applicant agreeing to all of the terms of and signing the Financial Institution/Retail Merchant License Plate/Sticker Agreement and the institution's or retail merchant's being in good standing and licensed by the Department of Financial and Professional Regulation or any other licensing agency, whether local, State or federal, that regulates the institution.
C) A financial institution or retail merchant participating in the over-the-counter program may sell license plates and/or renewal stickers to the public only during a face-to-face transaction.
**History**
- *Source: Amended at 44 Ill. Reg. 17440, effective October 19, 2020*
##### **92 Ill. Adm. Code 1010.245** Electronic Registration and Titling (ert) Program Provisions {#sec-1010.245 omnilex-key=us-il-regs-official--title-92--1010.245}
a) The Secretary may, in his or her discretion, establish a program for the electronic registration and titling (ERT) of motor vehicles. Transactions that may be conducted pursuant to an ERT program may include transmitting applications for titles and registration of motor vehicles, renewal of motor vehicle registrations, creating and removing liens from motor vehicle records, applying for salvage or junking certificates, and issuing registration plates and stickers by motor vehicle dealers, financial institutions and retail merchants, except that licensees under the Sales Finance Agency Act [205 ILCS 660] and the Consumer Installment Loan Act [205 ILCS 670] shall only be authorized to apply for titles and create and remove liens from motor vehicle records. Insurance companies shall only be permitted to apply for salvage or junking certificates and retail merchants shall only be authorized to issue registration renewal stickers.
b) Upon the establishment of an ERT program, the Secretary may enter into agreements with ERT service providers to serve as intermediaries between the Secretary of State's office and motor vehicle dealers, financial institutions and retail merchants (collectively referred to in this Section as "vendors"). For the purposes of this Section, the term "financial institution" shall mean any federal or state chartered bank, savings and loan, credit union, and armored carrier, and any currency exchange, either directly or indirectly through an armored carrier. The term shall also include insurance companies and licensees under the Sales Finance Agency Act and the Consumer Installment Loan Act. The term "retail merchant" shall mean a business that is engaged in the sale of goods or services to the general public and that has one or more permanently established places of business in Illinois.
c) The ERT service provider shall be responsible for the following:
1) establishing a computerized communication link between the vendors and the Secretary of State for the transmission of titling, registration, registration renewal and lien information, in compliance with all specifications of the Secretary of State's office. The communication link must provide for the secure transmission of information as required under this Section without permitting access to the vendor's confidential information by any entity that is not authorized by the vendor and the Secretary of State. Any entity that is authorized to access a vendor's information system, software, data or network must preserve its confidentiality and integrity. This provision does not limit or prohibit the Secretary of State from accessing confidential information;
2) transmitting all fees associated with the title and registration transactions to the Secretary of State and transmitting all sales taxes due and owing for the sales of motor vehicles to the Illinois Department of Revenue;
3) maintaining an inventory of registration plates and stickers at a secure location that is subject to inspection by the Secretary of State, distributing those plates and stickers to vendors as necessary, receiving unused, expired, damaged and voided plates and stickers and reports of lost or stolen plates and stickers from vendors, and forwarding those reports and returning those unused, expired, damaged and voided plates and stickers to the Secretary of State warehouse monthly. For purposes of this Section, the term "plates" shall mean vehicle registration license plates, and the term "sticker" shall mean the adhesive sticker affixed to license plates and the form, with a pre-printed control number and barcode, to which the sticker is attached when shipped and printed. When this Section provides for shipping, inventory, accounting or reconciliation of, or credit for returned, stickers, the sticker must be attached to the original form or affixed to a plate and recorded as issued with that plate.
A) The inventory control system shall accurately track all registration plates and stickers shipped to the service provider by the Secretary, those distributed by the provider to vendors (including tracking which specific plates and stickers were shipped to individual vendors), those returned by vendors to the provider, and those returned by the provider to the Secretary. The inventory yet to be shipped and the returned inventory shall be stored separately. In addition, the inventory system shall comply with one of the following:
i) All inventory shall be maintained in sequential order, according to document number, including inventory being held for shipping to vendors and inventory returned by vendors.
ii) The computerized inventory control system must utilize barcode readers that enable the service provider or Secretary of State employees to scan and accurately record inventory items yet to be shipped and returned inventory. Secretary of State employees must have access to a computer terminal at the service provider's site during inventory and reconciliation procedures, and the system must allow the printing of necessary inventory reports during these procedures.
B) Real-time access to the inventory control system shall be provided to Secretary of State staff, auditors and Secretary of State Police for review, reconciliation, auditing and inventory verification to ensure compliance with rules, policies and regulations, and for locating individual registration plates and stickers and determining to which vendor the individual registration plates and stickers were issued. All electronic information shall be maintained for not less than five years after receipt of the inventory by the service provider.
C) Bulk inventories of registration plates and stickers will be delivered by the Secretary to the service provider as needed. The service provider shall acknowledge receipt of the inventory in a manner approved by the Secretary and is responsible for the inventory upon receipt. The service provider shall store the inventory within the State of Illinois. The service provider shall distribute registration plates and stickers to vendors, as necessary, and shall accept returns from the vendors of unused, expired, damaged and voided plates and stickers.
D) Vendors shall not return unused, expired, damaged or voided plates and stickers directly to the Secretary. The Secretary shall not be responsible for inventory incorrectly returned.
E) Vendors who have inventory that is damaged, voided, missing, lost or stolen during a given month shall report those occurrences to the service provider not later than the final day of the following month. (Example: Inventory items damaged during August must be reported and returned to the service provider not later than the following September 30.) Credit for returned plates will only be granted when both plates in the set have been returned or accounted for, if the plates were of the type issued as a pair. All or as much as possible of the damaged or voided stickers must be returned to receive credit for returned inventory. When it is not possible to return any portion of a damaged or voided plate or sticker, an explanation as to the circumstances causing the plate or sticker to be voided or damaged, and the reasons no portion can be returned, must be provided. The Secretary shall have the right to determine whether the explanation will be accepted and whether inventory credit will be given for the plates or stickers not returned in whole or in part. In making this determination, the Secretary shall consider whether the vendor is able to retain and return the form on which the sticker is issued; whether matters beyond the control of the vendor may have contributed to the complete loss of the stickers (e.g., fires or industrial accidents that are accompanied by police reports, fire reports or insurance claims); and the history of the individual vendor with regard to the loss of stickers.
F) Service providers may be relieved of responsibility for payment for plates and stickers reported as stolen only if a copy of a police report concerning the theft is provided to the Secretary.
G) Not later than March 31 of each calendar year, vendors shall return to service providers all remaining stickers in their possession of the type and color that expire during that calendar year. (Example: During 2007, vendors sell stickers that expire during 2008, such that a sticker sold in March 2007 expires in March 2008. As of January 2008, vendors will be selling stickers of the type and color that expire in 2009. Therefore, not later than March 31, 2008, vendors shall return to the service provider all remaining stickers in their possession of the type and color that expire during 2008).
H) On a periodic basis, but not less than monthly, the Secretary and the service provider shall reconcile their records of plates and stickers shipped by the Secretary to the service provider, plates and stickers issued by vendors to vehicle owners and for which the appropriate documentation and fees were received by the Secretary, plates and stickers returned by vendors to the service provider as unused, expired, damaged or voided, explanations provided by vendors for damaged or voided stickers and plates that have not been returned in whole or in part, and plates and stickers still in the actual possession of the service providers and vendors. The review and accounting of inventory and returned items shall be conducted in the manner prescribed by the Secretary. After these periodic reconciliations, the unused, expired, damaged or voided plates and stickers shall be returned to the Secretary and the Secretary shall issue the service provider a receipt for the returned inventory. A preliminary report of missing billable inventory for the preceding month shall be provided after these periodic reconciliations.
I) Following the reconciliation after March 31, June 30, September 30 and December 31, the Secretary shall invoice the service provider for all plates or stickers unaccounted for during the preceding quarter. These reconciliations will be based on the reported inventory still in the possession of vendors. Service providers shall not receive credit for unaccounted for inventory items that are located after this quarterly reconciliation and billing.
J) The unaccounted for inventory shall be invoiced at the following rates. For unaccounted for stickers, the rate shall be $151 per sticker. For unaccounted for plates that are intended to be sold as a set (e.g., passenger vehicle or truck plates) the rate shall be $151 per set of plates. For unaccounted for plates that are intended to be sold individually (e.g., motorcycle or trailer plates) the rate shall be $151 per plate. Payment in full must be made to the Secretary within 45 days after receipt of the notice from the Secretary of the amount due. Service providers may recover such payments from vendors pursuant to the contracts between the service providers and the vendors.
K) Certain types of registration stickers are sold outside of the one-year process noted in subsection (c)(3)(G) (e.g., registrations of fleet vehicles). To accommodate these sales, after the return and reconciliation of all inventory as provided in subsections (c)(3)(H) and (I), the Secretary may re-issue preceding year stickers to service providers for the use of vendors engaging in sales of vehicles requiring these registrations. These re-issued stickers shall be tracked separately in the service provider's inventory control system. Not less than three months after these re-issued stickers may no longer be legally sold, all remaining inventory of these stickers shall be returned to the service provider by the vendor, and the stickers shall be subject to the final reconciliation and billing process set forth in subsection (c)(3)(I).
L) The Secretary shall have the right to conduct physical inspections of the inventory of service providers and vendors during normal business hours.
M) The Secretary shall have the right to suspend or revoke the right of service providers and/or vendors to participate in the ERT program for failure to comply with the inventory control provisions set forth in this subsection (c)(3), or for excessive or repeated incidents of unaccounted for inventory;
4) complying with all requirements of the Secretary of State and the Department of Revenue concerning the security of the electronic information and funds transmissions, which shall prohibit access to a vendor's confidential information by any entity without authorization of the vendor and Secretary of State and a requirement that any entity that is authorized to access a vendor's confidential information must preserve the confidentiality and integrity of the vendor's information systems, software, data and network, the security of the registration plates and stickers, and maintaining an electronic inventory control system for the registration plates and stickers. This provision does not limit or prohibit the Secretary of State from accessing confidential information;
5) retaining records of all ERT transactions as directed by the Secretary;
6) posting a performance bond in an amount set by the Secretary, not to exceed $1,000,000. Beginning July 1, 2012, a service provider must post a performance bond in the amount of $1,500,000;
7) registering as a remittance agent pursuant to 625 ILCS 5/Ch. 3, Art. IX;
8) complying with all other terms and conditions set forth in the agreement between the Secretary of State and the ERT service provider;
9) providing a formal process for billing and enforcement of all vendor inventory issues and pending transaction issues and designating a specific representative to communicate with the Secretary of State on all vendor inventory issues and pending transaction issues.
d) The ERT service provider shall enter into agreements with vendors for participation in the ERT program.
1) All vendors must be currently licensed and in good standing with their regulatory agencies before being selected to participate in this program.
2) The Secretary shall have the sole discretionary right to review and approve these agreements and shall have the right to approve, deny or revoke the right to participate in the ERT program by individual vendors. Retail merchants wishing to serve as vendors must be approved in advance by the Secretary. Any decision to deny or revoke an individual vendor's right to participate in the ERT program shall be based on:
A) the vendor's prior compliance with or violations of applicable statutes, rules and regulations;
B) the vendor's participation in the Secretary's temporary registration permit program and any violations of the rules and regulations of the temporary registration permit program found in Section 1010.421;
C) violations by the vendor of this Section or violations of the terms of agreements entered into by the vendor in the ERT program;
D) the benefit to the public to be derived by the vendor's participation in the program;
E) the resources of the Secretary of State's office to support the vendor's participation in the program; and
F) The factors set forth in Section 1010.240(b)(2)(E)-(J).
3) Vendors shall inform customers that utilizing the electronic registration and titling system is optional.
4) The ERT program shall not be used to request or obtain specialty, vanity or personalized registration plates.
5) Fees collected for an ERT title transaction are nonrefundable by the Secretary, unless a title application has not been processed by the Secretary of State.
6) Registration plates and stickers may only be issued at the time an ERT transaction is processed.
7) Title, registration and registration renewal applications and other required documents shall be delivered to the Office of the Secretary of State within 20 days after vehicle sale, registration or registration renewal.
e) Except as permitted by the Secretary during a transition period, no vendor may simultaneously participate in the ERT program and the Over-the-Counter Sales Program (see Section 1010.240).
f) Beginning January 1, 2013, all franchised new motor vehicle dealers must electronically submit titling and registration applications to the Secretary of State, either through an ERT program or online through the Secretary of State website (cyberdriveillinois.com/departments/vehicles
/title_and_registration/pert.html).
g) Beginning January 1, 2019, all franchised new and used vehicle dealers must electronically submit titling and registration applications to the Secretary of State, either through an ERT program or online through the Secretary of State website (cyberdriveillinois.com/departments/vehicles/title_and_registration/pert.html).
**History**
- *Source: Amended at 44 Ill. Reg. 2014, effective December 31, 2019*
##### **92 Ill. Adm. Code 1010.250** Applications for Reassignment {#sec-1010.250 omnilex-key=us-il-regs-official--title-92--1010.250}
Every application for reassignment of a license number shall be accompanied by an application for renewal of the vehicle registration to which it pertains, together with payment of the registration fee and tax for such vehicle, as provided by law. If such application for renewal of registration is not in proper form o if the appropriate fee and tax is not paid therewith, the Secretary of State shall notify the applicant thereof, and unless the form is corrected or the fee and tax paid within 15 days after such notification, the Secretary of State need not honor the reassignment application.
##### **92 Ill. Adm. Code 1010.260** Special Plates – Prior Military Service Required {#sec-1010.260 omnilex-key=us-il-regs-official--title-92--1010.260}
a) Only applicants who were honorably discharged from the armed forces shall be eligible for a special license plate when prior military service is required for issuance of that special license plate. For purposes of this Section:
1) "Armed forces" means any of the armed forces of the United States, including a member of any reserve component or National Guard unit.
2) "Honorably discharged" means a person who has served in the armed forces and was discharged or separated under honorable conditions.
b) When a surviving spouse of a former member of the armed forces is eligible to apply for such special plates, that former member must have been honorably discharged for the surviving spouse to be issued the special license plate.
c) If an applicant has received a less-than-honorable discharge because of the applicant’s sexual orientation or gender identification and is denied issuance of a special plate because of that discharge, that applicant may seek an administrative hearing to review the denial. If the administrative hearing officer determines the less than honorable discharge was solely the result of the applicant’s sexual orientation or gender identification, the hearing officer will recommend issuance of the special license plate.
d) An applicant who received a less than honorable discharge on or after June 25, 2019 because of possession of marijuana under circumstances that would not be illegal in this State at the time of the discharge and is denied issuance of a special plate because of that discharge, may seek an administrative hearing to review the denial. If the administrative hearing officer determines the less-than-honorable discharge was solely the result of possession of marijuana under circumstances that would not be illegal in this State at the time of the discharge, the hearing officer will recommend issuance of the special license plate.
**History**
- *Source: Added at 47 Ill. Reg. 3374, effective February 23, 2023*
##### **92 Ill. Adm. Code 1010.300** Operation of Vehicle After Cancellation, Suspension, or Revocation of Any Registration {#sec-1010.300 omnilex-key=us-il-regs-official--title-92--1010.300}
a) It shall be unlawful for any person to operate, or knowingly permit to be operated, upon any highway in the State of Illinois any vehicle where any registration thereof has been cancelled, suspended or revoked.
b) In addition to any fines or penalties prescribed by this Code, such vehicle shall further be required to be registered at the point of apprehension or arrest, provided said vehicle is eligible for registration.
c) For any fees or taxes due, the Secretary of State may impress a lien upon the title of the vehicle as provided by law.
d) The Secretary of State may further seek an injunction against continued unlawful operation.
##### **92 Ill. Adm. Code 1010.310** Improper Use of Evidence of Registration {#sec-1010.310 omnilex-key=us-il-regs-official--title-92--1010.310}
a) In addition to the fines or penalties prescribed by the Code for improper use of evidences of registration, any vehicle displaying any evidence or registration issued for some other vehicle, shall further be required to be registered at the point of apprehension or arrest, unless valid proof is presented that an application for transfer of registration is on file with the Secretary of State.
b) "Evidence of Registration" includes:
1) Illinois registration plates
2) Illinois reciprocity permit carried in the cab of the vehicle together with a reciprocal foreign plate
3) An Illinois pro-rate decal displayed in conjunction with a reciprocal foreign registration plate
4) Temporary registration permit per Section 1010.420
5) A signal 30 card per Section 1010.745
6) A current and valid one-trip permit or 30 day registration permit or 90 day registration permit.
7) Temporary prorate authorization permits.
8) Temporary apportionment authorization permits.
**History**
- *Source: Amended at 4 Ill. Reg. 17, p. 247, effective April 11, 1980*
##### **92 Ill. Adm. Code 1010.320** Suspension, Cancellation or Revocation of Illinois Registration Plates and Cards and Titles {#sec-1010.320 omnilex-key=us-il-regs-official--title-92--1010.320}
The Secretary of State may suspend or revoke an Illinois Certificate of Title, or Illinois Registration and Card or Illinois Temporary Registration Permit, upon investigation or upon a showing by his own records or other sufficient evidence that:
a) Such was fraudulently or erroneously issued or obtained; or
b) The registered vehicle has been dismantled or wrecked; or
c) Required fees or taxes have not been paid and remain unpaid after demand, and as due to the Secretary of State or the Illinois Commerce Commission; or
d) When such is knowingly displayed upon a vehicle other than the one for which issued and a proper transfer application has not been filed pursuant to Sections 3-501, 3-502 or 3-504 of the Code.
e) The owner has committed an offense under Chapter 3 of the Code.
f) An owner of a for-hire motor vehicle has failed to give proof of financial responsibility as required by Chapters 8 and 9 of this Code.
g) An owner of a for-rent vehicle has failed to give proof of financial responsibility as required by Chapter 9 of this Code.
h) A "not-for-hire" vehicle has been unlawfully operated "for-hire".
##### **92 Ill. Adm. Code 1010.330** Operation of Vehicle Without Proper Illinois Registration {#sec-1010.330 omnilex-key=us-il-regs-official--title-92--1010.330}
a) Violations
1) It is a misdemeanor for any person to operate, or for any owner knowingly to permit to be operated, any vehicle required by the Illinois Vehicle Code to be registered in Illinois unless the vehicle is displaying proper Illinois registration.
2) Proper Illinois Registration and I.D. card for the purpose of this rule shall mean:
A) Illinois fiscal plate registration
B) Illinois prorate plate registration
C) Illinois prorate decal registration
D) Illinois reciprocity permit registration
E) Properly required Illinois trip permit
F) Illinois mileage plate registration
G) Illinois farm plate registration
H) International Registration Plan plate
I) Temporary apportionment authorization
J) Illinois temporary registration permit
3) In any case where a violation has been detected and a vehicle has been apprehended, the Secretary of State shall require, in addition to any or all other actions provided for in this Code, and in addition to any fine or penalty that may be imposed, that the vehicle in question be "properly registered" in Illinois.
4) Apprehension of any violator may result in arrest, issuance of summons and any all other penalties specified by the Illinois Vehicle Code and the Rules duly adopted and filed thereunder.
5) The Secretary of State investigator shall make a "signal 30" check in every case where the vehicle involved is from a Reciprocity or Prorate jurisdiction, and in every apprehension, where necessary, shall make a determination from the records of the Office of the Secretary of State whether the carrier is on file or not on file with the Office of the Secretary of State of Illinois.
6) Provisions of paragraph (b) of this Section shall be limited to those vehicles from jurisdictions that are eligible for proration or reciprocity or based in Illinois.
7) The provisions of paragraph (c) of this Section shall be limited to those vehicles from jurisdictions that have adopted and complied with all of the provisions of the International Registration Plan.
b) Vehicles From Jurisdictions That Are Eligible For Proration Or Reciprocity Or Based In Illinois.
Registration procedures upon apprehension for a violation of this Section, shall be required as follows:
1) Failure to Display Illinois Registration:
A) Unit Making Interstate Movement:
i) Prorate carrier on file with Illinois: ISSUE arrest citation, require addition of unit to fleet by Office of the Secretary of State and trip permit by law enforcement.
ii) Prorate carrier not on file with Illinois, unit eligible for proration: ISSUE arrest citation, and trip permit by law enforcement.
iii) Vehicle based in reciprocity jurisdiction: ISSUE arrest citation, and trip permit by law enforcement.
B) Unit Making Intrastate Movement:
i) Carrier on file with Illinois: ISSUE arrest citation, require Illinois base plate by Office of the Secretary of State.
ii) Carrier not on file with Illinois: ISSUE arrest citation and Illinois base plate by law enforcement.
C) Illinois registration alleged lost or stolen from unit: ISSUE arrest citation, verify current registration. If verified, no further action. If no verification, consider appropriate action under paragraph (a) or (b) above.
D) Foreign based unit involved in interstate trip lease movement: ISSUE arrest citation, trip permit by law enforcement.
2) Failure to Display Valid Foreign or Illinois Base Plate:
A) Unit has no plate, fictitious plate, or expired plate:
i) Carrier on file with Illinois: ISSUE arrest citation and Illinois base plate by Office of Secretary of State.
ii) Carrier not on file with Illinois: ISSUE arrest citation and Illinois base plate by law enforcement.
B) Improper use (see Section 1010.450) of dealer plates, manufacturer plates, transporter or intransit plates, and repossessor plates by:
i) Dealer, Manufacturer, Transporter, Repossessor, licensed in Illinois: ISSUE arrest citation and require Illinois base plate by Office of the Secretary of State.
ii) Dealer, Manufacturer, Transporter, Repossessor, licensed by a foreign jurisdiction: ISSUE arrest citation and Illinois base plate by law enforcement.
3) Overweight on Registration:
A) Foreign base plate:
i) Carrier on file with Illinois: ISSUE arrest citation and Illinois base plate by Office of the Secretary of State.
ii) Carrier not on file with Illinois: ISSUE arrest citation and Illinois base plate by law enforcement.
B) Illinois base plate or prorate decal: ISSUE arrest citation and require reclassification to proper weight by Office of the Secretary of State.
4) Improper Use Of Illinois Trip Permit, expired or altered: ISSUE arrest citation and trip permit by law enforcement.
5) For the purposes of this Section, display of registration for reciprocity carriers shall mean the possession of a reciprocity permit in the cab of the vehicle.
c) Vehicles From Jurisdictions That Have Adopted and Complied With All Provisions Of International Registration Plan.
Registration procedures upon apprehension for a violation of this Section shall be required as follows:
1) Failure to Display Illinois Registration:
A) Unit Making Interstate or Intrastate Movement:
i) Carrier on file with Illinois, unit not apportioned: ISSUE arrest citation, require addition of unit to fleet by Office of the Secretary of State and trip permit by law enforcement.
ii) Carrier not on file with Illinois: ISSUE arrest citation and trip permit by law enforcement.
B) Registration or I.D. Card lost or stolen from unit: ISSUE arrest citation, verification of current registration by law enforcement. If verified, no further action will be taken. If no verification, appropriate action under (A) above will be considered.
C) Foreign based unit involved in interstate trip lease movement: ISSUE arrest citation, and trip permit by law enforcement.
2) Failure to Display Valid Base Plate:
A) Unit has no plate, a fictitious plate, or an expired plate:
i) Carrier on file with Illinois: ISSUE arrest citation and require addition of unit to fleet by Office of the Secretary of State.
ii) Carrier not on file with Illinois: ISSUE arrest citation and Illinois fiscal plate by law enforcement.
B) Improper use (See Section 1010.450) of dealer plates, manufacturer plates, transporter or intransit plates, and repossessor plates by:
i) Dealer, Manufacturer, Transporter, Repossessor licensed in Illinois: ISSUE arrest citation and require Illinois base plate by Office of the Secretary of State.
ii) Dealer, Manufacturer, Transporter, Repossessor licensed in a foreign jurisdiction: ISSUE arrest citation and Illinois base plate by law enforcement.
3) Overweight on Registration:
A) Foreign base plated:
i) Carrier apportioned in Illinois, unit not apportioned in Illinois: ISSUE arrest citation and require addition of unit to fleet at appropriate weight by Office of the Secretary of State.
ii) Carrier and unit not apportioned in Illinois: ISSUE arrest citation and Illinois base plate by law enforcement.
B) Overweight on Illinois base plate or Illinois I.D. card: ISSUE arrest citation and require reclassification to proper weight by Office of the Secretary of State.
4) Improper use of Illinois Trip Permit, expired or altered: ISSUE appropriate arrest citation and trip permit by law enforcement.
5) Carrier may request an administrative hearing hereunder pursuant to Section 2-118 of the Illinois Vehicle Code.
**History**
- *Source: Amended at 4 Ill. Reg. 17, p. 247, effective April 11, 1980*
##### **92 Ill. Adm. Code 1010.350** Suspension or Revocation {#sec-1010.350 omnilex-key=us-il-regs-official--title-92--1010.350}
a) The Secretary of State may suspend or revoke any Illinois Registration or exemption therefrom when authorized by any provision of the Code.
b) The Secretary of State may rescind any order of suspension, revocation or cancellation as provided by law.
##### **92 Ill. Adm. Code 1010.360** Surrender of Plates, Decals or Cards {#sec-1010.360 omnilex-key=us-il-regs-official--title-92--1010.360}
Any and every Illinois Registration, Plate, Decal or Card issued in conjunction therewith must be surrendered to the Secretary upon demand whenever he has ordered its suspension, revocation or cancellation; and whenever:
a) The vehicle in question is destroyed, wrecked, dismantled or otherwise unusable or inoperable unless an application for transfer thereof has been filed; or
b) The vehicle in question is sold or conveyed to another person unless an application for transfer thereof has been filed; or
c) The address of the holder thereof is changed unless an application for a corrected card has been filed.
##### **92 Ill. Adm. Code 1010.410** Temporary Registration – Individual Transactions {#sec-1010.410 omnilex-key=us-il-regs-official--title-92--1010.410}
a) Documents required To Be Displayed
Any person who purchases a vehicle from another person who is not a vehicle dealer and who does not have the title and registration documents handled by a licensed remittance agent, may operate the vehicle temporarily pending receipt of the registration plates upon compliance with the following provisions:
1) The applicant must display on the inside right lower corner of the windshield of the vehicle a duplicate or a copy of the title and registration application.
2) The application shall be signed and verified by the applicant. Verification for the purposes of this Rule means that above the signature of the applicant it states that the document is a duplicate or a copy of the title and registration application and that the original application and the proper fee was mailed to the Office of the Secretary of State on the date indicated. Notarization of the signature is not required.
b) General Provisions
1) Said document when displayed as provided herein shall be valid for a period of sixty days or until receipt of the registration plates, whichever period is shorter. The provisions of this Rule are in addition to and in no way supersede provisions of Section 1010.420.
2) The provisions of this Rule are not applicable in any situation wherein the vehicle is purchased from a vehicle dealer, or if the vehicle is purchased from another person not a vehicle dealer, yet the application for title and registration is handled through or processed by any licensed remittance agent or currency exchange in the State of Illinois, if, in either situation, temporary registration permits are available.
**History**
- *Source: Added at 7 Ill. Reg. 1432, effective January 21, 1983*
##### **92 Ill. Adm. Code 1010.420** Temporary Permit Pending Registration in Illinois {#sec-1010.420 omnilex-key=us-il-regs-official--title-92--1010.420}
a) General Provisions
1) For the purpose of this Part, Illinois Temporary Registration Permit (hereinafter referred to as Temporary Permit) shall refer to a temporary plate, issued or provided by the Secretary of State, which allows the operation of a vehicle after proper application has been made and fees received, until the receipt of registration plates and/or sticker.
2) The Secretary of State shall prescribe the form and content of the Temporary Permit plate. Temporary Permit plates shall include both a standard size plate and a reduced size plate for use on motor driven cycles or motorcycles. The Secretary of State shall issue the Temporary Permit and no other document shall be deemed a valid Temporary Permit. This provision shall in no way be construed as restricting the provisions of Section 3-401 of the Illinois Vehicle Code.
3) Entities authorized to issue Temporary Permit Plates pursuant to Section 1010.421 of this Part shall have the necessary computer hardware, software and communication devices for accessing the Secretary of State's Internet site for the registration of Temporary Permit plates.
4) The Temporary Permit shall not be valid for more than 90 days from the date of issuance, unless extended or reduced at the discretion of the Secretary of State. In exercising that discretion, the Secretary of State shall take into consideration the following factors:
A) The nature and type of application;
B) The availability of the registration plates and/or stickers applied for;
C) The processing time for the application;
D) Other relevant matters affecting the issuance thereof.
In any event, once the applied-for registration plates and/or stickers have been issued to and received by the applicant, the Temporary Permit is void.
5) The Temporary Permit plate shall be securely attached to the rear of the vehicle in the space designed for the permanent registration plate, consistent with the provisions of Section 3-413(b) of the Illinois Vehicle Code.
6) The Temporary Permit must be removed upon receipt of the registration plates and/or sticker. The Temporary Permit is not transferable from one person to another, nor from vehicle to vehicle.
b) Newly Acquired Vehicles
A Temporary Permit to operate a newly acquired vehicle for which a valid application for title and registration has been filed, accompanied with the proper fees, may be issued by or for the Secretary of State to the buyer of such vehicle, pending action upon the application.
c) Renewal Registrations
In the event that an individual fails to renew a registration plate or sticker upon expiration, a Temporary Permit may be issued only by a Secretary of State facility, or remittance agent, and only under the following circumstances:
1) The applicant presents proof of ownership of the vehicle through a title, preprinted application, I.D. Card, or verification of ownership by the records of the Secretary of State.
2) The applicant presents payment of all fees due.
3) The renewal registration plates and/or stickers are not readily available at a financial institution, as defined in Section 1010.240 of this Part.
4) The appropriate registration stickers or registration plates are not immediately available at a facility.
d) Miscellaneous Provisions
The Secretary of State may also issue Temporary Permits only at official State of Illinois facilities in any of the following situations:
1) If an individual has made application for registration, either renewal or otherwise, prior to expiration and does not receive the registration by the expiration date. The individual must present proof thereof acceptable to the Secretary of State;
2) Any situation where the individual makes proper application for title and registration, or registration alone, and the Secretary of State is unable to issue the appropriate registration at that time.
**History**
- *Source: Amended at 27 Ill. Reg. 4790, effective February 27, 2003*
##### **92 Ill. Adm. Code 1010.421** Issuance of Temporary Registration Permits by Persons or Entities Other Than the Secretary of State {#sec-1010.421 omnilex-key=us-il-regs-official--title-92--1010.421}
a) All entities authorized to issue Temporary Registration Permits (TRPs) must designate a single individual as the primary individual responsible for issuing, tracking and managing TRPs, 7-day permits, and/or 30-day permits. This individual shall be referred to as a Superuser and will act as the primary contact on behalf of the authorized entity and the Secretary of State (SOS).
b) All entities authorized to issue a TRP shall be issued a Superuser username by the SOS. The Superuser may designate to SOS additional issuers; however, only individuals with a valid username may issue a TRP from inventory allocated to each licensed entity. Each Superuser and additional issuer of the TRP system must sign a separate acknowledgment stating that the individual understands the processes and procedures governing TRP issuance, is 18 years of age or older, and understands that a violation of this Part or of any provision of the Illinois Vehicle Code related to issuing registrations may result in the Superuser, the additional issuer, and/or the authorized entity receiving a suspension or revocation of TRP privileges.
c) If the SOS determines that a Superuser, additional issuer, or authorized entity has permitted an unauthorized individual to issue a TRP on the Superuser's or an additional issuer's behalf, then the SOS shall suspend the authorized entity's access to the TRP program for a period of 30 days. Any entity that is found to have employed a Superuser or additional issuer who has violated this provision twice within 5 years shall have access to the TRP program denied permanently.
d) All Superusers and those designated by a Superuser as an additional issuer shall complete a free, annual training session including, but not limited to, the operations of the TRP system, the statutes pertaining to motor vehicle registration, TRPs, and this Part.
e) Prior to obtaining a Superuser username, a Superuser must complete in-person training. Going forward, the Superuser will be required to attend an online training annually. If a new additional issuer is created by the Superuser, that new user has 60 days from the creation date to complete the online training. Going forward, an additional issuer must take the online training annually. Any Superusers or additional users who have committed any violations of this section in the past year may be required to take in-person training.
f) A licensed dealer under the Illinois Vehicle Code may void, within 15 days or 500 miles after the issue date of the TRP, a TRP that has been issued to a vehicle owner and corresponding vehicle, if the vehicle owner determines that the vehicle meets the requirements of Section 2L of the Consumer Fraud and Deceptive Business Practices Act [815 ILCS 505]. A licensed dealer under the Illinois Vehicle Code may void, within 15 days after the issue date of the TRP, a TRP that has been issued to a vehicle owner and corresponding vehicle for any other reason allowed under State statute. A licensed dealer shall be required to retain documentation that the customer signs stating that he or she is returning the vehicle to the licensed dealer pursuant to Section 2L or another specified statutorily authorized reason. This disclosure shall be retained with all other statutorily required documentation pertaining to the licensed dealer's record keeping requirements.
g) A licensed dealer may not void a TRP for a vehicle owner and corresponding vehicle if the sole reason the vehicle is returned to the licensed dealer is the vehicle purchaser's inability to secure financing for the vehicle. If, after the TRP is issued, the vehicle purchaser is ultimately unable to secure financing and must return the vehicle, the licensed dealer must still transmit the appropriate title and registration fees to SOS and any applicable sales taxes to the Illinois Department of Revenue before another TRP may be issued to a new vehicle owner for the same vehicle.
h) In addition to the issuance of TRPs to specific applicants, the SOS may supply, upon request, TRP plates to the following for issuance by them, provided they have the necessary computer hardware, software and communication devices for accessing the SOS Internet site for the registration of TRP plates and titling:
1) Licensed vehicle dealers registered and in good standing with SOS. Each dealer may issue TRPs only to persons purchasing vehicles from that dealer and only after application for title and registration has been completed. All TRPs that are issued must be accompanied by a corresponding document number for the accompanying application for a certificate of title. All dealers receiving TRPs shall maintain records as required by 92 Ill. Adm. Code 1019.40 reflecting the information required for completion of the receipt form for a TRP plate. Failure to do so may result in the denial, revocation, or suspension of a dealer's license under IVC Section 5-501.
2) Licensed remittance agents registered and in good standing with the SOS. Each remittance agent may issue TRPs only to persons whose applications the remittance agent accepts for transmittal to SOS. All TRPs that are issued must be accompanied by a corresponding document number for the accompanying application for a certificate of title. All Remittance Agents receiving TRPs shall maintain records reflecting the information required for completion of the receipt form for a TRP. Failure to do so may result in the denial, revocation, or suspension of a Remittance Agent's license under IVC Sections 3-906 and 3-907.
3) Currency exchanges licensed by, and in good standing with, the Department of Financial and Professional Regulation. Currency exchanges shall complete and submit an application in a manner prescribed by the SOS to be eligible to receive TRPs. Each currency exchange may issue TRPs only to persons whose applications the currency exchange accepts for transmittal to SOS. A TRP may only be issued in connection with an application for title and registration or registration only, but may not be issued in connection with an application for renewal of a registration. All TRPs that are issued must be accompanied by a corresponding document number for the accompanying application for a certificate of title. All currency exchanges receiving TRPs shall maintain records of their issuance reflecting the information required for completion of the receipt form for a TRP plate.
i) Authorized Superusers of Temporary Permits must be in compliance with the following:
1) Within two business days after receipt of TRP plates from the SOS the Superuser shall access the SOS Internet site for the registration of TRP plates and acknowledge receipt of the plates.
A) The issuer shall store the TRP plates in a secure location to prevent theft, loss or misuse of the plates. TRPs shall not be accessible to the general public or any individual who has not been issued a Superuser's, or an additional issuer's, username by the SOS.
B) TRP plates shall be issued in numerical sequence as received from SOS.
C) Holders of TRPs shall be limited to a 90-day inventory based on self-reported annual sales.
D) TRP plates shall be issued only in conjunction with applications for vehicle registration and all required information regarding the TRP plate shall be completed on the vehicle registration application form.
E) Any information that is found to be inaccurate in order to circumvent the TRP system shall result in suspension of the TRP system. A second or subsequent violation of this subsection (i)(1)(E) within 5 years shall result in denial of access to the TRP system.
2) Contemporaneously with the issuance of a TRP plate, the Superuser or additional issuer shall access the SOS TRP Account Login for the registration of TRP plates and enter all requested information with regard to the vehicle for which the TRP plate was issued and the individuals or entity to which the TRP plate was issued. When accessing the SOS Internet site and entering information, a Superuser or additional issuer shall comply with all protocols provided by the SOS, including, but not limited to, user identification procedures and passwords.
3) Prior to delivering a TRP plate to the applicant or attaching a TRP plate to a vehicle, the Superuser or additional issuer shall affix the TRP to the corresponding vehicle.
A) All information required on the TRP must be electronically printed on the TRP; and
B) Under no circumstances shall the Superuser or an additional issuer provide or issue a second or subsequent TRP to the same owner and vehicle as the initial issuance.
4) TRP plates issued for motor driven cycles or motorcycles shall be of the reduced size designed for motor driven cycles or motorcycles.
5) TRP plates shall be issued only by the Superuser or additional issuer assigned by the licensed dealer, remittance agent, or currency exchange that received the TRP from the SOS.
6) TRP plate receipt forms shall contain all of the information requested, where applicable. The original of the plate receipt form shall be given to the applicant and the copy shall be maintained by the Superuser or additional issuer.
7) TRP plate receipt forms shall bear the name of the Superuser's licensed entity and the licensee's or Agent number issued by SOS.
8) The Superuser or additional issuer of TRPs shall reimburse SOS $151 per TRP lost, missing, stolen or destroyed. All TRPs designated as lost, missing, stolen or destroyed, or otherwise unaccounted for, shall be billed automatically on a monthly basis. The SOS shall have the discretion to waive this fee upon satisfactory proof that the TRPs were destroyed by fire or flood, or stolen in connection with a theft on the premises. In the decision to waive the fee, the SOS shall consider whether an insurance claim or police report was filed, or other evidence suggesting that the authorized licensed entity's loss is the result of fire, flood or theft on the premises.
9) An authorized licensed entity shall maintain for 3 years copies of receipt forms for all TRP plates issued.
10) When the authorized licensed entity is no longer engaged in the business of issuing TRPs, the authorized licensed entity shall return all unissued TRP plates to SOS. An authorized licensed entity shall bear risk of loss until all TRPs are received by SOS. All TRPs shall be returned to the following address:
Illinois Secretary of State
Attn: TRP Return Unit
501 S. 2nd Street
Springfield IL 62756
11) Any entity licensed under Chapter 5 of the IVC shall issue Illinois residents only Illinois TRPs or 7-day drive away permits. A licensee may issue a 30-day drive away permit to non-residents or as set forth in Section 1010.425 of this Administrative Code. Any licensee that issues a temporary registration permit or 7-day drive away permit originating from another state to an IL resident shall receive a 90-day suspension from access to the Secretary's TRP system. A second or subsequent violation of this provision shall result in a 30-day suspension of the license issued under Chapter 5 of the IVC.
j) SOS shall have free access to the offices and places of business to examine fully all TRP books and other business records, documents and files of the licensed entity to determine whether the licensed entity is complying with this Section.
k) The licensed entity is responsible for acts or omissions of its Superuser or additional issuers while engaged in the distribution of TRPs.
l) Denial or Revocation of the Authority to Issue Temporary Permits
1) SOS may refuse to issue TRPs to any dealer, remittance agent or currency exchange that has committed any violation of IVC Chapter 3 or Chapter 5 or any administrative rule adopted pursuant to those statutes. SOS may demand the return of any unused TRPs from any dealer, remittance agent or currency exchange for any violation of IVC Chapter 3 or Chapter 5 or any administrative rule adopted pursuant to those statutes, or for any other violation relating to the use or issuance of TRPs.
2) If the SOS refuses to issue or revokes unused TRPs, he or she shall so order in writing and notify the dealer, remittance agent or currency exchange by U.S. Mail. A dealer, remittance agent or currency exchange may request an administrative hearing to review the order.
3) If the SOS revokes unused TRPs, the affected dealer, remittance agent or currency exchange shall not be entitled to apply for or issue any TRPs for a period of 90 days following receipt of the revocation order. A second or subsequent offense resulting in the revocation of TRPs may result in the dealer, remittance agent or currency exchange being prohibited from receiving any TRPs from SOS.
4) SOS personnel may initiate an action against a dealer, remittance agent or currency exchange by filing a complaint with the SOS Administrative Hearings Department. Thereafter, a notice of hearing shall be issued to the dealer, remittance agent or currency exchange specifying the alleged violation. The dealer, remittance agent or currency exchange shall be entitled to an administrative hearing pursuant to IVC Section 2-118 and 92 Ill. Adm. Code 1001.
m) Violations of Entering Temporary Permit Required Information
1) Any entity that issues a TRP without a corresponding application for a certificate of title shall be assessed the appropriate certificate of title fee for the vehicle that was issued the TRP.
2) The penalty for entering false, misleading or deceptive information, whether the information pertains to the vehicle owner or the vehicle, shall include a 90-day suspension of access to the TRP system.
3) The penalty for a lost, missing, stolen or destroyed TRP from an entity's inventory shall be $151, the cost of a plate and registration.
4) The penalty for issuing a TRP without following the proper SOS procedures is as follows:
Occurrence
Penalty
1st Occurrence, single violation
Written warning, $175 fine
1st Occurrence, 2-5 violations
7-day suspension, $175 fine per violation
1st Occurrence, 5-10 violations
30-day suspension, $175 fine per violation
1st Occurrence, 10+ violations
90-day suspension, $175 fine per violation
2nd Occurrence
30-day suspension, $175 fine per violation
2nd Occurrence, 10+ violations
90-day suspension, $175 fine per violation
3rd Occurrence
90-day suspension, $175 fine per violation
4th Occurrence
Revocation of TRP Access
**History**
- *Source: Amended at 46 Ill. Reg. 1868, effective January 13, 2022*
## **Chapter II** Secretary of State
### **Part 1010** Certificates of Title, Registration of Vehicles
##### **92 Ill. Adm. Code 1010.425** Non-Resident Drive-Away Permits {#sec-1010.425 omnilex-key=us-il-regs-official--title-92--1010.425}
a) For the purpose of this Section, the following definition shall apply:
"Authorized Agent" – A licensed remittance agent or dealer who has made application for and received Drive-Away Permits from the Secretary of State for issuance to subsequent permit purchasers.
"Non-Resident Drive-Away Permit" – a temporary registration permit as provided in IVC Section 3-603 that allows a vehicle to be operated on the highway for the primary purpose of allowing the vehicle to be driven from the place of acquisition to a destination outside of Illinois within a 10 day period. The permit can be issued by a licensed dealer, remittance agent, or at most Secretary of State facilities.
"Permit Purchaser" – an Illinois resident or non-resident purchasing a Non-Resident Drive-Away Permit for a vehicle to be driven to a destination outside of Illinois.
"Secretary of State" – Secretary of State of Illinois.
b) If a permit purchaser obtains a Non-Resident Drive-Away Permit at a Secretary of State facility:
1) The permit purchaser shall complete a Vehicle Permit Application. The appropriate fee as required by IVC Section 3-811 must accompany the application.
2) The permit purchaser shall provide proof that he/she owns the vehicle. Acceptable ownership documents include, but are not limited to:
A) a title issued in the permit purchaser's name;
B) a title assigned to the permit purchaser;
C) a Manufacturer's Certificate of Origin issued or assigned to the permit purchaser;
D) a registration identification card which has been expired less than one year; or
E) verification through the Secretary of State computer file.
3) The Secretary of State employee shall attach a photocopy of the proof of ownership to the second part of the permit (the agent's copy). If ownership is verified through the Secretary of State's computer file, the information shall be written on the agent's copy.
4) The permits shall be issued in numerical sequence and completed in full containing the following information:
A) the expiration date of the permit;
B) the name and address of the permit purchaser (must show out-of-state address);
C) the year, make and vehicle identification number of the vehicle;
D) the name and address of the Secretary of State issuing facility; and
E) the signature of the Secretary of State employee.
c) If a dealer or remittance agent wishes to obtain permits for issuance as an authorized agent of the Secretary of State:
1) The dealer/remittance agent shall submit an application accompanied by the appropriate fee for each permit to the Secretary of State that contains the following information:
A) the name and address of the authorized agent and his/her license number;
B) the type and quantity of permits being requested; and
C) the signature of the authorized agent.
d) The sale of permits by an authorized agent is as follows:
1) If a permit purchaser obtains a permit from an authorized agent rather than a Secretary of State facility, he/she shall provide proof of ownership to the authorized agent as provided in subsections (b)(2)(A) through (D).
2) The authorized agent shall attach a photocopy of the proof of ownership to the second part of the permit (agent's copy as provided in subsection (b)(3)) and complete the Drive-Away Permit in full as provided in subsection (b)(4). The only difference being that the permit will contain the name, address, and signature of the authorized agent rather than the Secretary of State facility address and the Secretary of State employee's signature.
3) The authorized agent shall issue the permits in numerical order. The authorized agent shall maintain records of the permits issued for 3 years. The Secretary of State or his representative shall have free access to the records of any such authorized agent issuing Drive-Away Permits.
e) The permit shall be displayed in the lower left side of the rear window of the vehicle. License plates are not to be displayed on the vehicle if the permit is being used. The permit can be issued to both First and Second Division vehicles. When properly displayed, the permit is an official document recognized by law enforcement agencies. (However, if the owner plans on carrying cargo in a second division vehicle, they will need to check with the various states for special requirements.)
f) Non-Resident Drive-Away Permits may be issued for a variety of situations including, but not limited to, the following:
1) a non-resident of Illinois who purchases a vehicle from an Illinois resident;
2) a non-resident of Illinois who purchases a vehicle from another non-resident of Illinois within the State of Illinois;
3) an Illinois resident who has expired Illinois registration or Illinois registration that will expire in less than 10 days and who has or will be establishing residency in another state, if the out-of-state address is provided on the application; or
4) an Illinois resident who was issued an Illinois title, but was not issued license plates because he/she is moving to another state, if the out-of-state address is provided on the application.
g) Under no circumstances may a Non-Resident Drive-Away Permit be issued to a wholesaler or licensed dealer.
**History**
- *Source: Amended at 43 Ill. Reg. 3945, effective March 15, 2019*
##### **92 Ill. Adm. Code 1010.426** Seven Day Permits {#sec-1010.426 omnilex-key=us-il-regs-official--title-92--1010.426}
a) For the purpose of this Section, the following definitions shall apply:
"Authorized Agent" – a licensed remittance agent or dealer who has made application for and received Seven Day Permits from the Secretary of State for issuance to subsequent permit purchasers.
"Seven Day Permit" – a temporary registration permit as provided in IVC Section 3-403 issued to an Illinois resident for operation of a non-registered vehicle within the State of Illinois for up to 7 days. In addition, the permit can be issued to a person whose registration has a renewal hold for non-compliance with the emissions program. This will allow the person to drive to an emissions testing station or repair facility. The permit can be issued by a licensed dealer or remittance agent or at most Secretary of State facilities.
"Permit Purchaser" – an Illinois resident purchasing a Seven Day Permit for his/her non-registered vehicle.
"Secretary of State" – Secretary of State of Illinois.
"IVC" − Illinois Vehicle Code.
b) If a permit purchaser obtains a Seven Day Permit at a Secretary of State facility:
1) The appropriate fee must accompany the transaction as provided in IVC Section 3-403.
2) The permit purchaser shall provide proof that he/she owns the vehicle. Acceptable ownership documents include, but are not limited to:
A) a title issued in the permit purchaser's name;
B) a title assigned to the permit purchaser;
C) a Manufacturer's Certificate of Origin issued or assigned to the permit purchaser;
D) a registration identification card that has been expired less than one year; or
E) verification through the Secretary of State computer file.
3) The Secretary of State employee shall attach a photocopy of the proof of ownership to the second part of the permit (the agent's copy). If ownership is verified through the Secretary of State's database, the information shall be written on the agent's copy.
4) The permits shall be issued in numerical sequence and completed in full containing the following information:
A) the issuance date and expiration date of the permit;
B) the name and address of the permit purchaser;
C) the year, make and vehicle identification number of the vehicle;
D) the name and address of the Secretary of State issuing facility; and
E) the signature of the Secretary of State employee.
c) If a dealer or remittance agent wishes to obtain permits for issuance as an authorized agent of the Secretary of State:
1) The dealer/remittance agent shall submit an application accompanied by the appropriate fee as provided in IVC Section 3-403 for each permit to the Secretary of State that contains the following information:
A) the name and address of the authorized agent and his/her license number;
B) the type and quantity of permits being requested; and
C) the signature of the authorized agent.
d) The sale of permits by an authorized agent is as follows:
1) If a permit purchaser obtains a permit from an authorized agent rather than a Secretary of State facility, he/she shall provide proof of ownership to the authorized agent as provided in subsections (b)(2)(A) through (D).
2) The authorized agent shall attach a photocopy of the proof of ownership to the second part of the permit (agent's copy as provided in subsection (b)(3)) and complete the Seven Day Permit in full as provided in subsection (b)(4). The only difference is that the permit will contain the name, address and signature of the authorized agent rather than the Secretary of State facility address and the Secretary of State employee's signature.
3) The authorized agent shall issue the permits in numerical order. The authorized agent shall maintain records of the permits issued for 3 years. The Secretary of State or his or her representative shall have the authority to inspect the records of any authorized agent issuing Seven Day Permits.
e) The permit shall be displayed in the upper left corner of the rear window of the vehicle. License plates are not to be displayed on the vehicle if the permit is being used. The permit can be issued to both first and second division vehicles, but second division vehicles must be operated on empty weight. When properly displayed, the permit is an official document recognized by law enforcement agencies.
f) Seven Day Permits may be issued for a variety of situations, including, but not limited to, the following:
1) test driving a vehicle being sold by a non-dealer without current registration;
2) driving a homemade trailer to a Secretary of State facility for inspection pursuant to IVC Section 3-104(1);
3) driving a vehicle that has a registration renewal hold due to failure to comply with the emissions requirements to an EPA testing station; and
4) driving a vehicle that must be inspected to an authorized inspection site pursuant to IVC Section 3-308 or 13-101.
g) Under no circumstances shall a Seven Day Permit be issued to a wholesaler.
**History**
- *Source: Amended at 43 Ill. Reg. 3945, effective March 15, 2019*
##### **92 Ill. Adm. Code 1010.430** Registration Plates for Motor Vehicles Used for Transportation of Persons for Compensation and Tow Trucks {#sec-1010.430 omnilex-key=us-il-regs-official--title-92--1010.430}
a) For purposes of this Section, the following definitions shall apply:
"Ambulance" – any publicly or privately owned vehicle which is specifically designed, constructed or modified and equipped, and is intended to be used for, and is maintained or operated for the emergency transportation of persons who are sick, injured, wounded or otherwise incapacitated or helpless as provided in Section 1-102.01 of the Illinois Vehicle Code.
"Bus" – every motor vehicle, other than a commuter van, designed for carrying more than 10 persons as provided in Section 1-107 of the Illinois Vehicle Code.
"Commercial Vehicle" – any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, For-Hire or Not-For-Hire, but not including a commuter van, a vehicle used in a ridesharing arrangement when being used for that purpose, or a recreational vehicle not being used commercially as provided in Section 1-114 of the Illinois Vehicle Code.
"Commuter Van" – a motor vehicle designed for the transportation of not less than 7 nor more than 16 passengers, which is: used in a ridesharing arrangement; or owned or leased by or on behalf of a company or an employee organization and operated on a non-profit basis with the primary purpose of transporting employees of the company between the employees' homes and the company's place of business or a public transportation station and in which the operating, administrative, maintenance and reasonable depreciation costs are paid principally by the persons utilizing the commuter van as provided in Section 1-114.1 of the Illinois Vehicle Code.
"Compensation" – remuneration or payment of any kind which is received or owed for use of the motor vehicle or the service provided by the use of the motor vehicle.
"Funeral Home Vehicle" – any privately owned first or second division vehicle weighing 8,000 pounds or less which is owned or leased by a funeral home.
"Livery Vehicle" – any privately owned first division vehicle which is intended to be used for the transportation of persons when the payment is not based on a meter charge but is prearranged for a designated destination.
"Medical Carrier" – any publicly or privately owned motor vehicle which is specifically designed, constructed or modified and equipped, and is intended to be used for, and is maintained or operated for the nonemergency transportation of persons for compensation for the purpose of obtaining medical services as provided in Section 1-142.1 of the Illinois Vehicle Code.
"Medical Transport Vehicle" – includes ambulances, medical carriers, and rescue vehicles as provided in Section 1-142.2 of the Illinois Vehicle Code.
"Motor Vehicle" – every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for vehicles moved solely by human power and motorized wheelchairs. For this Act, motor vehicles are divided into two divisions:
First Division: Those motor vehicles which are designed for the carrying of not more than 10 persons.
Second Division: Those motor vehicles which are designed for carrying more than 10 persons, those designed or used for living quarters and those motor vehicles which are designed for pulling or carrying property, freight or cargo, and those motor vehicles of the first division remodelled for use and used as motor vehicles of the second division as provided in Section 1-146 of the Illinois Vehicle Code.
A second division vehicle also includes a motor vehicle of the first division used and registered as a school bus as provided in Section 1-217 of the Illinois Vehicle Code.
"Public Transportation Vehicle" – any privately owned first or second division motor vehicle which is intended to be used for and is maintained or operated for the nonemergency transportation of persons for compensation, excluding motor vehicles regulated by the Illinois Commerce Commission.
"Rescue Vehicle" – any publicly or privately owned vehicle which is specifically designed, configured, and equipped for the performance of access and extrication of persons from hazardous or life-endangering situations, as well as for the emergency transportation of persons who are sick, injured, wounded or otherwise incapacitated or helpless as defined in Section 1-224 of the Illinois Vehicle Code.
"School Bus" – every motor vehicle, except as provided for in this definition, owned or operated by or for any of the following entities for the transportation of persons regularly enrolled as students in grade 12 or below in connection with any activity of such entity:
Any public or private primary or secondary school;
Any primary or secondary school operated by a religious institution; or
Any public, private or religious nursery school.
This definition shall not include the following:
A bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interurban transportation of passengers when such bus is not traveling a specific school bus route but is:
on a regularly scheduled route for the transportation of other fare paying passengers;
furnishing charter service for the transportation of groups on field trips or other special trips or in connection with other special events; or
being used for shuttle service between attendance centers or other educational facilities.
A motor vehicle of the first division as provided in Section 1-182 of the Illinois Vehicle Code.
"Taxicab" – any privately owned first division vehicle which is intended to be used for the transportation of persons when the payment is usually based and recorded as a taxi meter charge between a point of origin and a destination.
"Tow Truck" – every truck designed or altered and equipped for and used to push, tow, or draw vehicles by means of a crane, hoist, towbar, towline or auxiliary axle, or to render assistance to disabled vehicles as defined in Section 1-205.1 of the Illinois Vehicle Code.
b) The Department shall issue for every motor vehicle owned or operated by a person, firm or corporation, and used for transportation of persons or property for compensation, distinctive registration plates displaying a special designation as provided in Sections 3-611, 3-412(e), 3-412(g), and 3-412(j) of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, pars. 3-611, 3-412(e), 3-412(g), and 3-412(j)). The statutory registration fee required shall be determined based on Sections 3-806 and 3-808 of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, pars. 3-806 and 3-808) for vehicles of the first division and based on gross vehicle weight as provided in Section 3-815 of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-815) for vehicles of the second division.
c) Motor vehicles privately owned by a person, firm or corporation and used for transportation of persons or property for compensation shall be issued the following distinctive registration plates:
1) Ambulances as defined in subsection (a) shall be issued ambulance plates. These distinctive plates shall be numbered to denote the following:
A) First digit – the emergency medical service region.
B) Next three digits – the number of the company providing the service as registered with the Illinois Department of Public Aid.
C) Last two digits – the vehicle's number in the company's fleet.
2) Commuter vans as defined in subsection (a) shall be issued registration plates with a "CM" suffix.
3) Funeral home vehicles as defined in subsection (a) shall be issued registration plates with an "FH" suffix.
4) Livery vehicles as defined in subsection (a) shall be issued registration plates with an "LY" suffix.
5) Medical carrier vehicles and rescue vehicles as defined in subsection (a) shall be issued distinctive livery plates with an "MC" suffix. These plates shall be issued to first division and second division vehicles.
6) Public transportation vehicles as defined in subsection (a) shall be issued registration plates with a "PT" suffix.
7) School buses as defined in subsection (a) shall be issued registration plates with an "SB" suffix.
8) Taxicabs as defined in subsection (a) shall be issued registration plates with a "TX" suffix.
9) Tow trucks as defined in subsection (a) shall be issued registration plates with a "TW" suffix. The display of plates is defined in Section 5-202 of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 5-202).
d) Motor vehicles, not exempted from coverage in Chapter 8 of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 8-101 et seq.), and which are used for the transportation of persons for compensation must file proof of financial responsibility at the time of registration as provided in Chapter 8 of the Illinois Vehicle Code. Additionally, medical transport vehicles and tow trucks must file proof of compliance with the safety inspection requirements of Section 13-101 of the Illinois Vehicle Inspection Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 13-101). Additionally, tow trucks must file proof of insurance compliance with Section 12-606(d) of the Illinois Vehicle Equipment Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 12-606(d)). This requirement does not apply to motor vehicles covered under the liability insurance provision under Section 12-707.01 of the Illinois Vehicle Equipment Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 12-707.01).
**History**
- *Source: Added at 13 Ill. Reg. 15102, effective September 15, 1989*
##### **92 Ill. Adm. Code 1010.440** Title and Registration of Vehicles with Permanently Mounted Equipment {#sec-1010.440 omnilex-key=us-il-regs-official--title-92--1010.440}
a) For purposes of this Section, the following definitions shall apply:
"Cargo and Supplies" – any commodity or object not directly related to the mechanical operation of the permanently mounted equipment.
"Department" – Department of Vehicle Services within the Office of the Secretary of State.
"Not-for-hire" – operation of a commercial vehicle in furtherance of any commercial or industrial enterprise but not For-Hire as defined in Section 1-153 of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 1-153).
"Owner" – a person who holds legal title of motor vehicle, or in the event a motor vehicle is the subject of an argument for the conditional sale of lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of such motor vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor as defined in Section 1-55 of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 1-155).
"Permanently Affixed" – shall mean bolted, screwed, welded, glued, soldered, or in any way attached to a vehicle so that a tool is needed to unfasten the permanently mounted equipment from the vehicle.
"Permanently Mounted Equipment" – an apparatus or instrument permanently affixed to a vehicle which is designed to perform a specific task in and of itself such as but not limited to the following tasks: drilling, digging, mining, and other such tasks. This definition shall not include equipment which could function without being permanently mounted.
"Tools and Equipment" – an apparatus or instrument necessary to the function of permanently mounted equipment such as screw drivers and wrenches. This definition shall also include an apparatus or instrument necessary for the function of the permanently mounted equipment such as lubricant for a winch.
"Usage" – the amount of time used on the highway which for purposes of this Section shall be less than fifty (50) percent of a fiscal year.
b) Vehicle owners who have vehicles with permanently mounted equipment shall apply for registration and pay the fee specified in Section 3-812 of the Illinois Vehicle Title and Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-812). The classification of license plate shall be PM. The vehicle shall also be subject to the titling requirements of Article I of the Illinois Vehicle Title and Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-100 et seq.) and be used not-for-hire.
c) Applications shall be accompanied by the following:
1) a copy of the vehicle title or a copy of the current registration;
2) the statutory fee as required by Section 3-812 of the Illinois Vehicle Title and Registration Law of the Illinois Vehicle Code;
3) photographs of front, back, and side views of the vehicle; and
4) an affirmation statement as specified in subsection (d).
d) The affirmation statement shall contain the following information:
1) a statement that the vehicle is operated on the highway less than fifty (50) percent of the fiscal year; and
2) a statement that the vehicle is not used to haul cargo and supplies.
e) The Department shall review the usage and equipment of the vehicle for compliance with the definitions in subsection (a). Subsequent to the mounting of the permanently mounted equipment, vehicles designed for uses other than transporting permanently mounted equipment and tools and equipment are not eligible to be issued PM plates. Cargo and supplies as defined in subsection (a) shall not be transported. The Department shall review the photographs to determine whether the vehicle is designed exclusively for the transportation of the permanently mounted equipment.
f) If the Department has any questions as to whether a vehicle should be issued PM plates, the Department may request the Department of Police of the Office of Secretary of State to inspect the vehicle in question if a Departmental decision cannot be made on the basis of the photographs.
g) If the applicant for a PM plate does not meet the criteria as stated in this rule, the Department shall deny the application for licensing. The title and registration application and fee shall be returned to the applicant. The applicant may then submit a new application for title and registration. A registration applicant who is denied may request a hearing pursuant to Section 2-118 of the Illinois Vehicle Title and Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 2-118) and 92 Ill. Adm. Code 1001.100.
h) Applications and inquiries regarding this Section should be directed to the following:
Office of Secretary of State
Non-Standard Plate Section
Centennial Building, Room 539
Springfield, Illinois 62756
**History**
- *Source: Added at 13 Ill. Reg. 1598, effective February 1, 1989*
##### **92 Ill. Adm. Code 1010.450** Special Plates {#sec-1010.450 omnilex-key=us-il-regs-official--title-92--1010.450}
a) The term "Special Plates" means those Illinois registration plates issued to dealers, manufacturers, transporters, and repossessors.
b) Vehicles eligible for display of special plates, are exempt from registration in Illinois. Special plates are subject to limitations as to use as follows:
c) Manufacturers Plates
1) Special plates issued to a manufacturer may be displayed:
A) Upon any vehicle manufactured by the manufacturer, for any legal purpose such as testing, demonstrating or delivering such to bona fide consignees; and
B) Upon any vehicle manufactured by a competitor, for testing purposes.
2) Special plates issued to a manufacturer may not be displayed:
A) Upon any vehicle rented to another person.
B) Upon any vehicle of the second division carrying cargo or merchandise unless in actual demonstrations for purposes of sale.
C) Upon any work or service vehicle.
D) In any for-hire movement.
E) On any vehicle used permanently as a personal vehicle and not as a demonstrator.
d) Transporter or In-transit Plates
1) Special plates issued to a transporter may be displayed:
A) Only on vehicles in-transit and in process of delivery, operated singly or in lawful drive-away combinations.
B) Only on vehicles in-transit that the transporter is legally authorized to transport in his regulated drive-away business.
C) On vehicles in-transit in lawful drive-away combinations, as in saddlemount, towbar and full-mount, or combinations thereof.
D) On a vehicle in-transit laden with its own parts or with parts of another vehicle, in-transit and in combination therewith.
E) Only on vehicles in-transit and in the process of delivery in the State of Illinois or on vehicles being transported to or from the State of Illinois.
2) Special plates issued to a transporter may not be displayed:
A) Upon any vehicle rented to another person.
B) Upon any vehicle of the second division hauling or carrying cargo or merchandise, or other vehicles (except in lawful drive-away combinations of in-transit vehicles).
C) Upon any work or service vehicles.
D) On any vehicle used as a personal vehicle.
E) On any vehicle in-transit and in the process of delivery solely in a state other than the State of Illinois. If displayed on a vehicle outside of the State of Illinois, the vehicle must be in-transit to or from the State of Illinois.
3) Issuance of special plates to a transporter may be limited to an amount as determined at the discretion of the Secretary of State and based upon:
A) Factors including intended use, prior-use, the number of vehicles transported in the previous calendar year, revenue, number of employees, and compliance with applicable laws and rules regarding transporters and the use of in-transit plates.
B) A determination by the Secretary that the transporter is not lawfully entitled to the plates or has made or knowingly permitted any illegal use of such plates or has committed fraud in the registration of the vehicles or failed to give notice of transfers when and as required by law.
4) A driver transporting a vehicle bearing in-transit plates on behalf of a transporter shall carry a copy of a work order, contract, bill of sale, or other similar document listing the beginning and ending destination, as well as the dates of travel, and be able to present such document to a law enforcement officer upon request.
e) Dealer Plates
1) Special plates issued to a dealer may be displayed upon any vehicle held for sale or resale, and
A) Upon any such vehicle, including the towing of a like plated vehicle, for any legal purpose including pick-up at the point of manufacturing or assembly, demonstrating, testing or delivery to the buyer; provided, however, that any such vehicle and like plated towed vehicle so transported may not carry any cargo or merchandise including other vehicles owned by the dealer and held for sale or resale.
B) On any such vehicle loaned, but not rented, as a "loaner" to a customer for temporary use the days that the customer's car is being serviced or repaired.
C) On one truck up to 8,000 pounds owned by the dealer and used to haul the dealer's parts incidental to the operation of business.
2) Special plates issued to a dealer may not be displayed:
A) Upon any vehicle rented to another person.
B) Upon any vehicle of the second division carrying cargo or merchandise except as provided below on a one-trip demonstration basis.
C) Upon any work or service vehicle.
D) In any for-hire movement.
E) On any vehicle used permanently as a personal vehicle and not as a demonstrator, such prohibited uses being defined as follows:
i) On any vehicle used by any person enrolled at and attending an educational institution during the school term or year and to and from school.
ii) On any vehicle used on vacation trips to areas outside the geographic scope of normal business operations for a period in excess of 25 days.
iii) On any vehicle used by any person who is a member of the armed forces and stationed at any military base or encampment or installation.
iv) On any vehicle used continuously for 25 or more days as a personal vehicle by any person not an agent, servant or employee of the dealer owning such special plate.
3) Dealer Plates and One-Trip Use
A) Notwithstanding the above limitations, dealer plates may be used on a one-trip demonstration basis by a prospective bona fide buyer carrying cargo or merchandise, providing that the form of document specified herein is carried in the cab of the vehicle. Any demonstration movement shall be limited to a period of three days.
B) Each dealer who wishes to grant to a prospective bona fide buyer the use of a dealer plate on a one-trip demonstration for three days shall prepare a document identical to this form in duplicate, and
i) Retain one copy in the offices of the dealer.
ii) Issue one copy to the user for display on the vehicle.
FORM REQUIRED
Date
1. Name of Dealer:
2. Address of Dealer:
3. Dealer Plate or plates being used:
4. Name of prospective buyer:
5. Date use is to begin and end:
C) Each dealer shall file an annual report listing the name of each prospective buyer permitted to make a demonstration trip with a vehicle identifying the plate number utilized and the dates that the demonstration trip began and ended. The Secretary of State may prescribe the form of such report.
D) The Secretary of State may grant, in the Secretary's discretion, a permit for a one-trip demonstration in excess of three days upon submission of an application and showing of good cause. In determining whether good cause is shown, the Secretary of State shall consider the type of vehicle subject to the demonstration, the length of the extension requested, the dealer's past experience, the purpose of the move, and the reason why the dealer feels that more than three days are needed to demonstrate the particular vehicle.
E) The Secretary of State shall issue a temporary dealer permit while a dealership is awaiting the arrival of their permanent dealer license plates pursuant to Section 3-602 of the Illinois Vehicle Title and Registration Law of the IVC and for the transportation of vehicles between the dealer's established place of business and the exhibition/tradeshow location. Dealers requesting a temporary dealer permit for transportation of vehicles to an exhibition/tradeshow location shall apply in writing to the Department stating the number of vehicles to be transported, dates of transportation, the name of location of the exhibition/tradeshow, and the dealer's name and address. The temporary dealer permit shall be a single permit displayed on the lower left side of the back windshield and contain an issue and expiration date. The temporary permit is invalid upon receipt of the permanent dealer license plates or on the expiration date, whichever is sooner. In no event shall the temporary permit be valid for more than 60 days.
f) Repossessor Not-For-Hire
Special plates issued to a repossessor who is not-for-hire may be used only on a vehicle in which the repossessor has a security interest and is repossessing, and may not be used in for-hire operations.
g) Repossessor For-Hire
Special plates issued to a repossessor who is for-hire may only be used on a vehicle the repossessor is repossessing as the agent for the person with the security interest being foreclosed, when the repossessor is acting within the regulatory certificate of authority issued by the Interstate Commerce Commission or the Illinois Commerce Commission.
h) Reciprocity – Special Plates
1) Reciprocity is granted to non-residents to the same extent and degree as is granted to Illinois residents and pursuant to Illinois Agreements, Arrangements or Declaration made pursuant to Section 3-403 of the IVC, and to that extent, special plates from mutually reciprocal jurisdictions are recognized in Illinois, for movements in interstate commerce only.
2) Where there is no reciprocal exemption from Illinois requirements, one-trip in-transit permits may be issued to "transporters" in lieu of Illinois in-transit plates, pursuant to Sections 3-403(b) and 3-811 of the IVC
3) Reciprocity is also granted to non-residents with drive-away permits issued by other states with a law similar to Sections 3-601(f) and 3-811 of the IVC
**History**
- *Source: Amended at 49 Ill. Reg. 1590, effective January 22, 2025*
##### **92 Ill. Adm. Code 1010.451** Purple Heart License Plates {#sec-1010.451 omnilex-key=us-il-regs-official--title-92--1010.451}
a) For purposes of this Section, the following definitions shall apply:
"Department" – Vehicle Services Department within the Office of the Secretary of State.
"First Division Passenger Vehicles" – motor vehicles designed to carry not more than ten (10) passengers as defined in Section 1-146 of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95 1/2, par. 1-146).
"Second Division Motor Vehicles" – motor vehicles designed to carry more than ten (10) persons, those designed or used for living quarters and those motor vehicles which are designed for pulling or carrying freight or cargo, and those motor vehicles of the First Division remodeled for use and used as motor vehicles of the Second Division, as defined in Section 1-146 of the Illinois Vehicle Code.
b) Any resident of the State of Illinois who has been awarded the Purple Heart by a branch of the armed forces may apply for a Purple Heart registration plate in accordance with Section 3-623 of the Illinois Vehicle Title and Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-623). These special registration plates shall only be issued for first division vehicles and second division vehicles weighing eight thousand (8,000) pounds or less.
c) An applicant wishing to obtain Purple Heart plates shall submit one of the following to the Department: a copy of his/her discharge from the military (DD214), a letter from the Department of Veteran's Affairs indicating his/her status as a Purple Heart recipient, or a form issued by the Federal Government indicating he/she is a recipient of the Purple Heart. Applicants shall also submit the statutory annual registration fee as specified in Section 3-806 of the Illinois Vehicle Title and Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-806).
d) In order to obtain Purple Heart plates,
1) if the present Illinois license plates expire within 60 days, upon receipt of the preprinted renewal application, the applicant shall submit the renewal application, proper documentation as cited in subsection (c) of this rule, and the annual registration fee as specified in Section 3-806 of the Illinois Vehicle Title and Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-806);
2) if the present plates do not expire within 60 days, the applicant shall submit his/her current registration identification card and current registration plates as well as the verification required in subsection (c). The applicant shall also pay a reclassification fee as provided in Section 3-802 of the Illinois Vehicle Title and Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95 1/2, par. 3-802).
e) All applications and inquiries regarding the Purple Heart plates should be directed for the following:
Office of the Secretary of State
Non-Standard Plates Sections
Centennial Building, Room 539
Springfield, Illinois 62756
**History**
- *Source: Added at 12 Ill. Reg. 15193, effective September 15, 1988*
##### **92 Ill. Adm. Code 1010.452** Special Event License Plates {#sec-1010.452 omnilex-key=us-il-regs-official--title-92--1010.452}
a) For purposes of this Section, the following definitions shall apply:
"License Plate Contractor" – a business currently under contract with the Secretary of State which manufacturers the license plates for the Secretary of State.
"Special Event Plates" – license plates issued for commemorative purposes which can be displayed on motor vehicles in accordance with Section 3-808(f) of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-808(f)).
b) Applications for Special Event plates may be sent in care of the Plate Control Division of the Department, to have plates issued for display on Illinois registered vehicles in order to promote or recognize an event in Illinois. In order to apply for the Special Event plates, the applicant shall do the following:
1) Submit a written request for approval of Special Event plates, addressed to the Secretary, on letterhead of the requesting organization or activity.
2) Submit the application at least one hundred fifty (150) days before the event.
c) The Secretary may establish limits upon the total number of Special Event plates that may be approved in single calendar year. Applications may be rejected on the basis of past non-compliance with Special Event plate rules. In determining whether to reject an application grounded on past non-compliance, the Department will evaluate the performance of the organization or activity in remedying such non-compliance.
d) Upon approval of the Special Event plate request, the organization shall submit plate design artwork to the Plate Control Division, preferably in camera-ready form. The Department shall have the right to use any plate designs or pictures of finished plates without prior notice for any purpose related to the administration of the special event license plate program, including but not limited to the promotion of the program by the Department. The design for the Special Event plates shall meet the following criteria:
1) To meet statutory requirements, the design of the plates shall contain the word "ILLINOIS," the plate year, the date of the event, and the phrase "LAND OF LINCOLN," pursuant to Section 3-412 of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-412). During even-numbered years, "LAND OF LINCOLN" shall appear on the top of the plate and the year and "ILLINOIS" on the bottom. The order is reversed in odd-numbered years. If submitted as camera-ready art, none of these four required elements of the design, nor the colored outline around the edge of the plate, shall be included in the actual art.
2) The design shall, in the opinion of the Department, be in good taste and exhibit decency.
3) The design shall differ in such matters as: design, color, or position of logo from the design of a Special Event plate used by the same organization in the immediately preceding year.
e) Pursuant to Section 3-808(f) of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-808(f)), the total number of plates issued for a special event shall not exceed 200 pairs. The amount of charges for the manufacture of Special Event plates is determined by the license plate contractor. The organization shall be responsible for the payment of manufacturing and, if necessary, shipping charges. Billing and payment for the plates is directly between the license plate contractor and the organization.
f) The sponsoring organization is responsible for registering with the Plate Control Division of the Department all vehicles issued Special Event plates, and for monitoring plate recipient compliance with rules regarding their display. The organization shall observe the following guidelines for registration of vehicles:
1) The Special Event plates shall only be displayed on passenger cars or trucks or vans with an RV or "B" registration as set out in 92 Ill. Adm. Code 1030.30. The plates shall not be displayed more than sixty (60) days prior to the event, including the days during which the event is in progress, nor shall the plates be displayed after the last day of the event.
2) The sponsoring organization shall furnish the Department a completed registration assignment listing of the Special Event plates issued four (4) business days prior to the date that the plates are to be displayed. The listing shall include:
A) the Special Event plate number issued,
B) the vehicle's Illinois license plate number,
C) the name of the vehicle's registered owner,
D) the registered owner's address,
E) the year, make and vehicle identification number.
3) While the Special Event plate is being displayed, the regularly assigned license plate and the Registration Identification Card shall remain in the vehicle and be made available for inspection upon demand of a law enforcement officer.
4) A Special Event plate shall not be transferred to another vehicle once it has been assigned and registered with the Plate Control Division of the Department.
5) The Department reserves the right to revoke authorization for Special Event plates if the organization has failed to comply with the regulations in this Part. The Secretary will inform any organization in writing of non-compliance with the Rules in this Part.
g) Any person denied a Special Event Plate may, upon written request within 20 days of such denial, seek a hearing governed by 92 Ill. Adm. Code 1001.
**History**
- *Source: Added at 13 Ill. Reg. 5173, effective April 1, 1989*
##### **92 Ill. Adm. Code 1010.453** Retired Armed Forces License Plates {#sec-1010.453 omnilex-key=us-il-regs-official--title-92--1010.453}
a) For purposes of this Section, the following definitions shall apply:
"Department" – Vehicle Services Department within the Office of the Secretary of State.
"First Division Passenger Vehicles" - motor vehicles designed to carry not more than ten (10) persons as defined in Section 1-146 of the Illinois Vehicle Code (Ill. Rev. Stat. 1989, ch. 95½, par. 1-146).
"Second Division Motor Vehicles" – motor vehicles designed to carry more than ten (10) persons, those motor vehicles designed or used for living quarters, those motor vehicles which are designed for pulling or carrying freight, cargo or implements of husbandry, and those motor vehicles of the First Division remodeled for use and used as motor vehicles of the Second Division, as defined in Section 1-146 of the Illinois Vehicle Code.
b) Any resident of the State of Illinois who has been a member of the U.S. Armed Forces may apply for Retired Armed Forces registration plates in accordance with Section 3-624 of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code. These special registration plates shall only be issued for first division vehicles and second division vehicles weighing eight thousand (8,000) pounds or less.
c) An applicant wishing to obtain Retired Armed Forces plates shall submit poof of retired status from the Federal Government. Proof shall consist of the United States Uniformed Service Identification Card (DD Form 2). Applicants shall also submit the statutory annual registration fee as specified in Section 3-806 of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code.
d) In order to obtain Retired Armed Forces plates:
1) if the present Illinois license plates expire within sixty (60) days, upon receipt of the preprinted renewal application, the applicant shall submit the renewal application, proper documentation as cited in subsection (c) of this Section, and the annual registration fee as specified in Section 3-806 of the Illinois Vehicle Code; or
2) if the present plates do not expire within sixty (60) days, the applicant shall submit his/her current registration identification card and current registration plates as well as the verification required in subsection (c). The applicant shall also pay a reclassification fee as provided in Section 3-802 of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code.
e) All applications and inquiries regarding the Retired Armed Forces plates should be directed to the following:
Office of the Secretary of State
Non-Standard Plates Section
Centennial Building, Room 539
Springfield, Illinois 62756
**History**
- *Source: Added at 14 Ill. Reg. 19066, effective November 15, 1990*
##### **92 Ill. Adm. Code 1010.454** Gold Star License Plates {#sec-1010.454 omnilex-key=us-il-regs-official--title-92--1010.454}
a) For purposes of this Section, the following definitions shall apply:
"Department" – Vehicle Services Department within the Office of the Secretary of State.
"First Division Passenger Vehicles" – motor vehicles designed to carry not more than ten (10) persons as defined in Section 1-146 of the Illinois Vehicle Code (Ill. Rev. Stat. 1989, ch. 95 1/2, par. 1-146).
"Second Division Motor Vehicles" – motor vehicles designed to carry more than ten (10) persons, those motor vehicles designed or used for living quarters, those motor vehicles which are designed for pulling or carrying freight, cargo or implements of husbandry, and those motor vehicles of the First Division remodeled for use and used as motor vehicles of the Second Division, as defined in Section 1-146 of the Illinois Vehicle Code.
b) Any resident of the State of Illinois who is the surviving spouse or parent (if there is no surviving spouse) of the person who lost his/her life while a member of the Armed Forces may apply for a Gold Star registration plate in accordance with Section 3-806.4 of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code. These special registration plates shall only be issued for first division and second division vehicles weighing eight thousand (8,000) pounds or less.
c) An applicant wishing to obtain Gold Star plates shall complete an affirmation form prescribed by the Secretary of State. This affirmation form shall attest to the receipt of the Gold Star award and his/her status as eligible spouse or parent. Applicants shall also submit a fifteen (15) dollar fee plus the statutory annual registration fee as specified in Section 3-806 of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code. The applicant shall also pay an additional two (2) dollar fee at each renewal.
d) In order to obtain Gold Star plates:
1) if the present Illinois license plates expire within sixty (60) days, upon receipt of the preprinted renewal application, the applicant shall submit the renewal application, proper documentation as cited in subsection (c) of this rule, and the registration fee as specified in subsection (c) of this rule, or
2) if the present plates do not expire within sixty (60) days, the applicant shall submit his/her current registration identification card and current registration plates as well as the verification required in subsection (c). The applicant shall also pay a reclassification fee as provided in Section 3-802 of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code plus the additional $15.00 fee as provided in subsection (c) of this rule.
e) All applications and inquires regarding the Gold Star plates should be directed to the following:
Office of the Secretary of State
Non-Standard Plates Section
Centennial Building, Room 539
Springfield, Illinois 62756
**History**
- *Source: Added at 14 Ill. Reg. 19066, effective November 15, 1990*
##### **92 Ill. Adm. Code 1010.455** Collectible License Plates {#sec-1010.455 omnilex-key=us-il-regs-official--title-92--1010.455}
a) For purposes of this Section, the following definition shall apply:
"Collectible Plates" – license plates issued for commemorative purposes which cannot be displayed on a motor vehicle. This type of plate is solely for use as a collectible item.
b) Written requests may be directed to the Plate Control Division of the Department to apply for approval of Collectible plates. Requests shall be submitted at least ninety (90) days before the plates are needed by the applicant.
c) A preliminary illustration of the design for the Collectible plate shall be submitted with the letter of request. The design for the plate shall meet the following criteria:
1) the design is such that it will not, in the opinion of the Department, be confused with or interpreted as a valid Illinois license plate as outlined below;
2) the phrase "LAND OF LINCOLN" does not appear in the plate design;
3) the word "COLLECTIBLE" appears in the design;
4) number and letters are not embossed as part of the plate design and the plates are not sequentially numbered; and
5) the plate design is, in the opinion of the Department, in good taste and exhibits decency.
d) Designs for requested Collectible plates shall meet the criteria described in (c) above to be approved. In addition, the Director of Vehicles Services may, from time to time, set limits upon the total number of Collectible plates that may be issued in a single calendar year. Such limitations shall be grounded on the manufacturing capacity of the Secretary of State's license plate contractor.
e) Final artwork shall be provided within a reasonable time for Collectible plates approved by the Director of Vehicle Services, preferably in camera-ready form. The Department shall have the right to use any plate designs or pictures of finished plates without prior notice for any purpose related to the administration of the Collectible plate program, including but not limited to the promotion of the program by the Department.
f) The amount of charges for the manufacture of Collectible plates is determined by the license plate contractor. The organization shall be responsible for the payment of manufacturing and, if necessary, shipping charges. Billing and payment for the plates is directly between the license plate contractor and the organization.
**History**
- *Source: Added at 13 Ill. Reg. 5173, effective April 1, 1989*
##### **92 Ill. Adm. Code 1010.456** Sample License Plates for Motion Picture and Television Studios {#sec-1010.456 omnilex-key=us-il-regs-official--title-92--1010.456}
a) For purposes of this Section, the following definitions shall apply:
"Division" – Plate Control Division within the Vehicle Services Department of the Office of the Secretary of State.
"'Live' License Plate" – a license plate which has been made and is being used by an Illinois motorist or could be used because it is contained in the Division's inventory.
"Plate Owner" – person who was assigned the license plate number by the Department for purposes of registration.
"Sample License Plates" – license plates issued pursuant to Section 3-619 of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-619).
b) Any motion picture or television studio (film company) that wishes to use Illinois license plates as props shall send their request in writing on the film company's letterhead to the Division of the Department.
c) Before the plates to be used as props may be mailed to the film company, a signed usage agreement shall be submitted to the Division. The following agreements shall be specified in the usage agreement:
1) the applicant shall submit the proper fee specified in Section 3-619 of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code;
2) the applicant shall only use the license plates on the public streets and highways of Illinois during filming unless arrangements have been made with the proper law enforcement agency to travel to a different filming location; and
3) the purported license plates shall not be considered actual license plates under the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, pars. 3-100 et seq.) and are for artistic purposes only.
d) A film company requesting license plates with fictitious numbers may manufacture the license plates themselves after they receive approval from the Division. If the film company requests that the plates be manufactured through the Division; the requesting film company shall furnish a sample and/or picture of the desired plate if the Division's file does not contain information on the specific plate.
e) A request can be made for "live" license plates. If the written request for a "live" license plate is for a plate number issued to an Illinois motorist, the Division shall obtain approval for the use of the plate number from the plate owner. Once approval is obtained from the plate owner, a letter is sent to the owner confirming his/her approval. The letter shall inform the plate owner the plates will not be used on public streets and highways as a regular registered vehicle but only as props for filming purposes. Also his/her right of reassignment is protected as provided in Section 3-421 of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-421).
f) A request can also be made for sample vanity and personalized plates. These plates are considered "live" plates and can be new purchases or duplicates of issued plates. If the film company wishes to use a vanity/personalized plate already issued to a motorist, the same procedure outlined in subsection e shall be followed. If the film company wishes to drive a vehicle displaying vanity/personalized plates on public streets or highways for purposes other than the making of a film, the vehicle shall be titled and registered in Illinois pursuant to Section 3-402(A) of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-402(A)).
**History**
- *Source: Added at 13 Ill. Reg. 5173, effective April 1, 1989*
##### **92 Ill. Adm. Code 1010.457** Korean War Veteran License Plates {#sec-1010.457 omnilex-key=us-il-regs-official--title-92--1010.457}
a) For purposes of this Section, the following definitions shall apply:
"First Division" vehicles - motor vehicles which are designed for carrying of not more than 10 (ten) persons as defined in Section 1-146 of the Illinois Vehicle Code [625 ILCS 5/1-146].
"Second Division" vehicles - motor vehicles which are designed for carrying more that 10 (ten) persons, those motor vehicles designed or used for living quarters, those motor vehicles which are designed for pulling or carrying freight, cargo, or implements of husbandry, and those motor vehicles of the First Division remodelled for use and used as motor vehicles of the Second Division as defined in Section 1-146 of the Illinois Vehicle Code [625 ILCS 5/1-146].
b) Any resident of the State of Illinois who participated in the United States Armed Forces during the Korean War may apply for a Korean War Veteran registration plate in accordance with Section 3-626 of the Illinois Vehicle Code [625 ILCS 5/3-626]. An applicant wishing to obtain Korean War Veteran plates shall submit proof of military service between June 27, 1950 and July 27, 1954 within the territorial limits of Korea or in waters immediately adjacent thereto or has been issued the Korean War Service Medal. Proof shall consist of a copy of his/her discharge from the military (DD214) indicating applicant received a Korean War Service Medal (KSM) or a "letter of verification" from the Illinois Department of Veterans' Affairs.
c) These special registration plates shall only be issued for first division vehicles, second division vehicles weighing 8,000 pounds or less, and recreational vehicles as defined by Section 1-169 of the Illinois Vehicle Code [625 ILCS 5/1-169].
d) Applicants shall also submit a $15 (fifteen dollar) fee plus the statutory annual registration fee as specified in Section 3-806 of the Illinois Vehicle Code. The applicant shall also pay an additional $2 (two dollar) fee at each renewal.
e) In order to obtain Korean War Veteran plates:
1) If the present Illinois license plates expire within sixty (60) days, upon receipt of the preprinted renewal application, the applicant shall submit the proper documentation as cited in subsection (b) of this Section, the annual registration fee as specified in Section 3-806 of the Illinois Vehicle Code, plus original issuance fee of $15 as prescribed under Section 3-626 of the Illinois Vehicle Code; or
2) If the present plates do not expire within sixty (60) days, the applicant shall submit an Application for Vehicle Title and Registration (VSD190.12A) indicating the current registration identification card, verification as required in subsection (b), and the original issuance fee of $15. The applicant shall also pay a reclassification fee as provided in Section 3-802 of the Illinois Vehicle Code.
f) All applications and inquiries regarding the Korean War Veteran plates should be directed to the following:
Office of the Secretary of State
Non-Standard Plates Section
Room 539, Michael Howlett Building
Springfield, Illinois 62756
**History**
- *Source: Added at 19 Ill. Reg. 11947, effective August 1, 1995*
##### **92 Ill. Adm. Code 1010.458** Collegiate License Plates {#sec-1010.458 omnilex-key=us-il-regs-official--title-92--1010.458}
a) For purposes of this Section, the following definitions shall apply:
"College" or "University" – any accredited not-for-profit institution of higher learning, public or private, located in the State of Illinois, as specified in Section 10 of the Illinois Higher Education Student Assistance Act [110 ILCS 947/10].
"First Division vehicles" – motor vehicles designed for carrying not more than 10 persons as defined in Section 1-146 of the Illinois Vehicle Code [625 ILCS 5/1-146].
"Second Division vehicles" – motor vehicles designed for carrying more than 10 persons, motor vehicles designed or used for living quarters, motor vehicles designed for pulling or carrying freight, cargo, or implements of husbandry, and motor vehicles of the First Division remodeled for use and used as motor vehicles of the Second Division as defined in Section 1-146 of the Illinois Vehicle Code [625 ILCS 5/1-146].
"State College and University Trust Fund" – a special fund created in the State Treasury. Monies collected are to be distributed to each public university or college in proportion to the number of plates sold in regard to that university or college. These monies are to be distributed to the college or university for the sole purpose of scholarship grant awards.
"University Grant Fund" – a special fund created in the State Treasury. Monies collected are to be appropriated to the Illinois Student Assistance Commission for grant awards.
b) Any college of university wishing to participate in the Collegiate license plate program shall submit a written request to the Secretary of State. The request must originate from the Chief Executive of that institution.
c) The college or university must provide a minimum of 1500 requests for the license plates. All requests must be accompanied by the additional fee associated with the collegiate license plate.
d) Plate design shall consist of a background color (white) with a limit or two additional colors for depicting the school logo. All plate designs must be approved by the Secretary of State.
1) Any school's logo having a copyright attached must submit written permission from the copyright holder prior to final approval of the plate design.
2) Upon final approval of the plate design, the Secretary of State shall have a minimum of 180 days to prepare and begin issuance of that college or university license plate.
e) Any resident of the State of Illinois may purchase Collegiate license plates in accordance with Section 3-629 of the Illinois Vehicle Code [625 ILCS 5/3-629]. These special registration plates shall only be issued for first division vehicles and second division vehicles weighing 8,000 pounds or less.
f) An applicant wishing to obtain Collegiate plates shall complete an application as prescribed by the Secretary. In accordance with Section 3-629 of the Illinois Vehicle Code [625 ILCS 5/3-629], applicants shall also submit an original issuance fee of $40 plus the statutory annual registration fee as specified in Section 3-806 of the Illinois Vehicle Code [625 ILCS 5/3-806]. An additional $27 fee is applicable at each renewal.
g) Of the $40 fee, $25 is deposited into the State College and University Trust Fund or the University Grant Fund whichever is appropriate, $15 is deposited into the Secretary of State Special License Plate Fund as outlined in Section 2-119(1) of the Illinois Vehicle Code [625 ILCS 5/2-119(1)].
h) In order to obtain Collegiate license plates:
1) if the present Illinois plates expire within 60 days, upon receipt of the preprinted renewal application, the applicant shall submit the renewal application, the original issuance fee of $40 as cited in subsection (f) of this Section, and the registration fee as specified in Section 3-806 of the Illinois Vehicle Code [625 ILCS 5/3-806].
2) if the present plates do not expire within 60 days, the applicant shall submit the appropriate completed application with a copy of his/her current registration identification card. The applicant shall also pay a reclassification fee as provided in Section 5/3-802 of the Illinois Vehicle Code [625 ILCS 5/3-802] plus the additional $40 fee as provided in subsection (f).
i) Applications are available from, and should be submitted to:
Office of the Secretary of State
Non-Standard Plates Section
Michael J. Howlett Building
Springfield, IL 62756
**History**
- *Source: Amended at 37 Ill. Reg. 12578, effective July 17, 2013*
##### **92 Ill. Adm. Code 1010.459** Universal Plate Decal {#sec-1010.459 omnilex-key=us-il-regs-official--title-92--1010.459}
a) Definitions
"Authorized organization" − an entity that has statutory authority to issue a decal to a universal special plate as set forth in the Illinois Vehicle Code.
"Universal special plate" − a unique standard or motorcycle size registration plate with a space on the left hand side of the registration plate measuring 2 ⅓" wide x 3" high for standard plates or 1" wide x 1½" high for motorcycle size plates in which various authorized organizations may create and sell decals to be placed on the registration plate.
"Decal" − a sticker or adhesive backed picture designed, manufactured and distributed by an authorized organization that affixes to the universal special plate.
b) Purpose
This Section sets forth the procedures that an authorized organization that has been authorized to distribute a decal for the universal special plate, as established under the IVC, must follow. The universal special plate is a plate authorized by the General Assembly to be used as a fundraising mechanism that multiple organizations may use to represent their various causes.
c) Authorized Organization
1) The authorized organizations approved by the General Assembly are set forth in IVC Section 3-699.14.
2) It is the responsibility of the authorized organization to design the decal it chooses to issue. The design must be approved by the Secretary prior to issuance to the public. Upon approval of the design, it is the responsibility of the authorized organization to purchase, distribute and maintain a sufficient inventory of the decals.
3) The authorized organization must make the decal available to any registered vehicle owner who has selected the organization to support under the statute.
4) The authorized organization shall communicate to the Secretary the method of receipt it will issue registered vehicle owners for presentation to the Secretary as evidence of purchase.
5) The authorized organization may charge a one time fee not to exceed $25 per decal to the registered vehicle owner to recoup the costs of manufacturing and administration of the decal program.
d) Registered Vehicle Owner
1) The registered vehicle owner must select an organization approved by the General Assembly.
2) The registered vehicle owner must obtain the decal from the authorized organization of his or her choosing prior to application for the universal special plate. Upon application, the registered vehicle owner must present a receipt, as designated by the authorized organization, to the Secretary as evidence the decal was purchased.
3) The registered vehicle owner must maintain the chosen authorized organization's decal for the entire length of the registration. To choose a different authorized organization, one must apply for a new universal special plate.
4) The decal must be placed in the designated area on the universal special plate.
e) Decal Sticker Requirements
1) The authorized organization must contract with a manufacturer to produce the decal. A copy of the contract between the authorized organization and the manufacturer must be provided to and approved by the Secretary prior to production of the decal. The Secretary shall notify the authorized organization within 30 days after receipt if he or she has any objections to the terms and/or conditions of the contract. Information concerning the costs may be redacted from the contract prior to submission.
2) All decals produced for the authorized organization shall meet specific requirements. The decal must:
A) fit within a 2-1/3" wide x 3" high space for a standard size registration plate.
B) fit within a 1" wide x 1½" high space for a motorcycle size registration plate.
C) adhere to the surface of the registration plate without the necessity of additional adhesive on the reflective material or application surface, or the use of water, other solvents, or heat techniques.
D) be precoated with a pressure sensitive adhesive that will create a durable bond to clean, dry, well-painted surfaces or unpainted corrosion proof metals. The adhesive must permit application to the prescribed surfaces and clean registration plates at temperatures as high as 125°F and as low as -10°F. The adhesive shall remain adhered at all temperatures for a minimum of 5 years under normal conditions of use.
E) maintain the integrity of the design chosen by the authorized organization for a minimum of 5 years under normal conditions of use.
3) The manufacturer must guarantee the correctness of the decals. Defective decals that will not properly attach to a registration plate, or those that are not properly pressure sealed, must be replaced by the manufacturer at no cost to the Secretary or the registered vehicle owner.
4) If, at any time, it becomes apparent that an authorized organization's decals failed to satisfy the minimum requirements set forth in this Section, the Secretary may order the authorized organization to destroy all additional decals in inventory and replace any decals issued to a vehicle owner with a decal that meets the above specifications. Any compensation the authorized organization receives from the manufacturer when decals are ordered to be replaced shall be determined by the terms of the contract between the authorized organization and the manufacturer. The authorized organization shall not issue any additional decals until the defect has been addressed to the satisfaction of the Secretary.
**History**
- *Source: Amended at 46 Ill. Reg. 16391, effective September 16, 2022*
## **Chapter II** Secretary of State
### **Part 1010** Certificates of Title, Registration of Vehicles
##### **92 Ill. Adm. Code 1010.460** Special Plates for Members of the United States Armed Forces Reserves {#sec-1010.460 omnilex-key=us-il-regs-official--title-92--1010.460}
a) Definitions
For the purposes of Ill. Rev. Stat. 1985, ch. 95½, par. 3-622:
A member of the "Reserves" means any person classified as a Ready Reserve under 10 U.S.C. 268 (1982), that is, a Reserve subject to active duty pursuant to 10 U.S.C. 672 and/or 673 (1982). Members of the Reserves shall not include either Standby Reserves or Retired Reserves.
"United States Armed Forces Reserves" shall mean members of the Air Force Reserve, Army Reserve, Coast Guard Reserve, Marine Corps Reserve and Naval Reserve.
b) Application Procedure
1) Affirmation Form
In addition to the registration application or renewal form and applicable registration fees submitted by all vehicle registrants, an application for the U.S. Armed Forces Reserves plate shall include an affirmation form signed by the applicant and the unit commander or his representative. The affirmation form shall list the applicant's name and address in Illinois, designate the applicant's unit, and specify the expiration date of the applicant and the unit commander or his representative shall affirm that the information supplied is true and correct and may be verified by the records of the U.S. Armed Forces Reserves.
2) An affirmation form shall be submitted for each registration year, unless the form previously filed indicates the term of enlistment or appointment covers the 12 month registration year for which the license plate will be issued.
3) To obtain the U.S. Armed Forces Reserves plate prior to the expiration of the vehicle's current registration, the applicant shall pay a registration reclassification fee and surrender the vehicle's current license plates.
c) Plate Design
The U.S. Armed Forces Reserves plates are red and blue on a white background. The capital letter "R" designates Reserves status. On the left side the words "Armed Forces Reserves" circle five stars, symbolizing the five branches of the U.S. Armed Forces Reserves.
d) Miscellaneous
1) The applicant's term of enlistment or appointment must include the full twelve months of the registration year.
2) The Secretary of State shall revoke an U.S. Armed Forces Reserves plate issued to any individual not a member of the U.S. Armed Forces Reserves during the registration year for which the plate was issued.
3) Every applicant must be an Illinois resident (Ill. Rev. Stat. 1985, ch. 95½, par. 3-622) although he or she may be stationed or perform reserve duty outside of Illinois.
4) The U.S. Armed Forces Reserves plate shall only be issued for passenger vehicles of the first division or motor vehicles of the second division weighing not more than 8000 pounds (Ill. Rev. Stat. 1985, ch. 95½, par. 3-622).
5) The fees for the U.S. Armed Forces Reserves plate shall be the same as passenger vehicles (Ill. Rev. Stat. 1985, ch. 95½, par. 3-806) and Class B trucks (Ill. Rev. Stat. 1985, ch. 95½, par. 3-815).
6) Applications for and questions about the U.S. Armed Forces Reserves license plate should be directed to the Secretary of State, Non-Standard Plates Section, Room 539 Centennial Building, Springfield, Illinois 62706.
**History**
- *Source: Amended at 10 Ill. Reg. 14308, effective August 19, 1986*
##### **92 Ill. Adm. Code 1010.463** Vanity and Personalized License Plate Criteria {#sec-1010.463 omnilex-key=us-il-regs-official--title-92--1010.463}
a) Definitions. For purposes of this Section, the following definitions shall apply:
"Registration number" means the combination of letters, numbers, and spaces on a vehicle license plate.
"Vanity or personalized license plates" means license plates with a registration number chosen by a person, rather than assigned by the Secretary of State, displaying a combination of registration numbers as specified under Section 3-405.1 of the Illinois Vehicle Code.
b) Application. Any person who is the registered owner of: a passenger motor vehicle of the first division; a motor vehicle of the second division weighing 8,000 pounds or less; a trailer weighing 8,000 pounds or less paying the flat weight tax; a funeral home vehicle; an electric vehicle; or a recreational vehicle registered with the Secretary of State, or who makes application for an original registration or renewal registration of such a vehicle, may, upon payment of a fee prescribed in Section 3-806.1 or Section 3-806.5 of the Illinois Vehicle Code, apply to the Secretary of State for vanity or personalized license plates. The Secretary may require applicants to include a brief explanation of the meaning or message represented by the proposed registration number for the vanity or personalized license plates. [625 ILCS 5/3-405.1(b)]
c) Application Denial.
1) The Secretary of State shall reject any application for the issuance of a registration number for vanity or personalized license plates bearing a combination of letters or numbers, or both, which creates a potential duplication or, in the opinion of the Secretary:
A) would substantially interfere with plate identification for law enforcement purposes;
B) is misleading; or
C) creates a connotation that is offensive to good taste and decency. [625 ILCS 5/3-405.2]
2) For purposes of this Section, the same combination of letters or numbers issued to two or more different plate types or plate categories shall not be considered plate duplication.
d) Offensive License Plates. For purposes of this Section, a vanity or personalized license plate that creates a connotation that is "offensive to good taste and decency" includes any registration number that:
1) Has connotations that are vulgar, profane, or obscene;
2) Makes derogatory reference to a group based on age, race, nationality, ethnicity, sex, gender, gender identity, sexual orientation, or religion, or expresses contempt for or ridicule or superiority of a class of persons;
3) Refers to, or connotes, illegal substances, including, but not limited to, reference to the substance, paraphernalia, sale, use, purveyor of, or physiological state produced by any illicit drug, narcotic, or intoxicant;
4) Refers to, or connotes, sexual terms and intimate body parts or bodily functions and fluids, including, but not limited to, breasts, genitalia, pubic area, buttocks, or relates to sexual or eliminatory functions;
5) Refers to, or connotes, criminal acts or acts of violence; or
6) Uses linguistics, letters, numbers, phonetics, translations from foreign languages, slang terms, upside-down or reverse reading, or a registration number in combination with the established plate design to achieve a reference or connotation described in subsections (d)(1) through (5).
e) Application Denial Process. Applications for vanity or personalized license plates shall be reviewed by the Secretary using the criteria established under subsections (c) and (d). If the application for vanity or personalized license plates is denied, the Secretary shall inform the applicant, in writing, of the reason for the denial and provide the applicant with an opportunity to either submit a different registration number for the plate or appeal the Secretary's decision. An applicant may make a written request appealing the denial within 30 days after the date of the Secretary's denial notice to an address provided by the Secretary in the denial notice. Requests for appeal received by the Secretary after the 30-day period will not be considered. The Secretary's decision on the appeal shall be delivered to the applicant in writing.
f) Plate Complaints. The Secretary shall accept complaints regarding vanity or personalized license plates in a form as prescribed by the Secretary. Each complaint received by the Secretary shall be reviewed using the criteria established under subsections (c) and (d). Any license plate determined to be in violation of the criteria shall be subject to revocation as provided under subsection (g).
g) Plate Revocation Process. The Secretary shall revoke any previously issued vanity or personalized license plate that has been determined to be in violation of the criteria established under subsections (c) and (d). Any such revocation shall be subject to the following procedure:
1) The Secretary shall, in writing, notify the plate holder of the revocation, along with a reason for the revocation, and require the plate holder to surrender the plates to the Secretary within 30 days after the date of the Secretary's revocation notice, unless the plate holder requests an appeal or, if after receiving an appeal decision, requests an administrative hearing.
2) Any person who has been directed to surrender vanity or personalized license plates may submit a written request appealing the revocation as prescribed under subsection (e). Requests for appeal received by the Secretary after the 30-day period will not be considered. The Secretary's decision on the appeal shall be delivered to the plate holder in writing.
3) The Secretary shall cancel the license plates of a vehicle if the person subject to a revocation notice under this subsection (g) does not surrender the license plates within 30 days after the date of the Secretary's revocation notice or, if the person timely requests an appeal or an administrative hearing, within 30 days after the Secretary issues a final decision.
4) Any person who has plates revoked under this subsection (g) may acquire at no charge new plates and any required stickers of the same category and for the same period of registration. [625 ILCS 5/3-405.2]
h) Administrative Hearing. Any person receiving written notice of an appeal decision issued by the Secretary under this Section may, within 30 days after the date of the notice, petition for a hearing to contest the denial or revocation of vanity or personalized license plates by sending a request for appeal to the address noted in the decision issued by the Secretary. Hearings shall be held pursuant to the provisions of Section 2-118 of the Illinois Vehicle Code and 92 Ill. Adm. Code 1001.
i) Any review of vanity or personalized license plates under this Section shall be conducted under the following levels of review using the criteria established under subsections (c) and (d):
1) Initial Staff Review. Personnel of the Secretary of State Vehicle Services Department shall review vanity or personalized license plates.
2) Post-staff Review Group. If, after initial staff review, there remains uncertainty as to whether a vanity or personalized license plate should be denied or revoked under the established criteria, review of the license plate shall be submitted to the Post-staff Review Group. The Post-staff Review Group shall, at a minimum, consist of the following persons:
A) a designee of the Director of the Secretary of State's Vehicle Services Department; and
B) at least 2 attorneys from the Secretary of State's General Counsel's Office as designated by the General Counsel.
3) Appeals Group. A timely appeal from a decision to deny or revoke a vanity or personalized license plate made pursuant to subsections (e) and (g) shall be directed to the Vanity and Personalized License Plate Appeals Group. The Appeals Group shall, at a minimum, consist of the following persons:
A) the Chief of Staff of the Secretary of State, or a designee;
B) the General Counsel of the Secretary of State, or a designee; and
C) the Director of the Secretary of State's Vehicle Services Department, or a designee.
4) Administrative Hearings. After a decision on appeal, a request for an administrative hearing on the denial or revocation of the vanity or personalized license plate may be submitted pursuant to subsection (h). This decision is a final administrative decision reviewable under the Administrative Review Law [735 ILCS 5/Art. III].
**History**
- *Source: Added at 49 Ill. Reg. 10033, effective July 15, 2025*
## **Chapter II** Secretary of State
### **Part 1010** Certificates of Title, Registration of Vehicles
##### **92 Ill. Adm. Code 1010.465** Requests for General Issuance Specialty License Plates {#sec-1010.465 omnilex-key=us-il-regs-official--title-92--1010.465}
a) For purposes of this Section, the following definition shall apply:
"General Issuance Specialty Plate" means registration plates that have been authorized by Illinois statute with the primary goal of raising funds for a specific organization or organizations. These plates are available to the general public and not awarded based on any specific qualifying criteria.
b) The Secretary will begin production of a new general issuance license specialty plate category only after receiving 1,500 requests for that particular plate. If 1,500 requests are not received within 2 years after the effective date of the authorizing legislation, the license plate category will no longer be considered for production.
c) All requests will be on a form designated by the Secretary and will be accompanied by the fundraising organization's portion of the additional fee associated with that plate. All fees collected under this Section are non-refundable and will be deposited in the special fund as designated in the enabling legislation, regardless of whether the plate is produced. The form can be found in Appendix D and at the Secretary of State website, specifically http://www.cyberdriveillinois.com/publications/pdf_publications/vsd702.pdf.
d) The design and color of the plates is wholly within the discretion of the Secretary, except the Illinois State Police, the Secretary of State Police and either the Illinois Sheriff's Association or the Illinois Association of Chiefs of Police must approve the design.
e) Any fundraising organization seeking to change the design of the plate must meet the following requirements:
1) The organization's plate must have been produced and available to the general public for no less than 10 years; and
2) The organization must agree to reimburse the Secretary for the following costs:
A) $12 replating cost for each vehicle currently displaying the organization's license plate;
B) the contracted price paid by the Secretary for any unissued license plates; and
C) the contracted price paid by the Secretary for any unused license plate sheeting.
f) Any license plate that is redesigned under the provisions of subsection (e) must meet the requirement set forth in subsection (d) prior to issuance by the Secretary.
**History**
- *Source: Amended at 37 Ill. Reg. 12578, effective July 17, 2013*
##### **92 Ill. Adm. Code 1010.470** Dealer Plate Records {#sec-1010.470 omnilex-key=us-il-regs-official--title-92--1010.470}
The dealer ledger book shall also contain a record of the assignment of dealer plates to employees of the dealer and a written record of the persons to whom the dealer has sold driveaway decal permits.
##### **92 Ill. Adm. Code 1010.480** State of Illinois in-Transit Plates {#sec-1010.480 omnilex-key=us-il-regs-official--title-92--1010.480}
a) The Secretary of State may issue to any State agency financed by funds appropriated by the General Assembly, special State of Illinois In-Transit Plates.
b) Said plates shall only be allowed on State owned vehicles and used only for the following purposes:
1) The transportation of newly acquired vehicles to the dealership for warranty repairs; or
2) The transportation of used vehicles to auction for securing sale; or
3) The transportation of vehicles for use in other geographical locations within the State of Illinois; or
4) The transportation of vehicles for any special use when such vehicles do not have permanent registration plates.
c) Said special plates shall have the following characteristics:
1) Bear the words "STATE OF ILLINOIS IN-TRANSIT";
2) A plate number and the year issued;
3) Shall not have an expiration date. Said plates shall be issued for an indefinite period of time.
d) If a special plate is lost or stolen or needs to be replaced, the State agency shall make written request for replacement, stating the reasons why. If no replacement is requested then written notice shall be given to the Secretary of State that said special plate is no longer needed.
##### **92 Ill. Adm. Code 1010.510** Determination of Registration Fees {#sec-1010.510 omnilex-key=us-il-regs-official--title-92--1010.510}
a) References
1) Subject
This Section describes the determination of registration fees.
2) Authority
This Section is promulgated under the general authority of Section 2-104 of the Illinois Vehicle Code and based on the provisions of Section 3-803 of the Illinois Vehicle Code [IVC] [625 ILCS 5/2-104 and 3-803].
3) References
The following Sections of the Illinois Vehicle Code are referenced in this Section:
3-801 3-803
3-802 806
4) Definitions
"Delayed registration affirmation" means a statement by the owner that the vehicle to be registered has not been operated on the public highways during his ownership. The Office of the Secretary of State shall deny a delayed registration affirmation if all the information requested is not supplied or if the information provided is in conflict with other information.
To "operate" a vehicle means to cause the vehicle to move about the public highways under the vehicle's own power. Towing a vehicle shall not be considered operating the vehicle.
5) Interpretive Comment
A) Section 3-803 of the Illinois Vehicle Code establishes the policy that certain individuals are entitled to a reduced registration fee under specific conditions. By Section 3-803(a), persons who are eligible for a reduction are those who:
i) acquire the vehicle after the beginning of... the applicable registration period; or
ii) independent of when the vehicle was acquired, have a vehicle which became subject to registration after the beginning of the applicable registration period.
B) Subsections (b) through (d) of Section 3-803 of the Illinois Vehicle Code establish the percent of the permissible reduction to which each class of registrants is entitled and the qualifying times.
C) In Subsections (b) and (d) the term "or which become subject to registration after the beginning of a registration period..." does not appear even though it appears in Subsection (a). It is our interpretation that the Legislature intended the broader statement of Subsection (a) to apply throughout Section 3-803 of the Illinois Vehicle Code, and that a vehicle is not subject to registration until the owner uses it on public highways. Therefore, an individual who purchases a vehicle which is specially outfitted or stored does not become subject to registration until the vehicle is so outfitted or removed from storage and the owner operates the vehicle on public highways. If such operation occurs after a qualifying time period for fee reduction, then such individual is entitled to such fee reduction. Guidelines for determining the date a vehicle becomes subject to registration are set forth in subsection (a)(6), below.
D) Subsections (e) and (f) of Section 3-803 of the Illinois Vehicle Code establish certain types of registration to which fee reduction cannot apply under any circumstance.
E) Grace Period
i) Section 3-801 of the Illinois Vehicle Title and Registration Law of the Illinois Vehicle Code [625 ILCS 5/3-801] provides a 24 hour grace period applicable only to vehicle sales between individuals to allow the buyer to drive the vehicle from the point of sale to the individual's residence or to a facility to obtain registration. Evidence of ownership shall be carried on the vehicle and shall consist of a properly assigned title to the new owner or a bill of sale which contains but is not limited to the following information: the name and address of the seller and buyer; the year, make, serial number of the vehicle; and the date of the sale. Once the vehicle has been operated upon the public highways, however, the owner shall apply for registration within 24 hours of such operation. The owner's subsequent plans for the vehicle (storage, special outfitting, etc.) are irrelevant. The fee reductions of Section 3-802(b)-(d) are not available once the vehicle has been operated on the public highways.
ii) Vehicles operated with a 5 day permit but not operated after the expiration of the permit shall become subject to registration as provided in subsection (a)(6).
iii) If the vehicle was towed to its new destination, the vehicle shall be subject to registration as provided in subsection (a)(6), infra.
6) Date Vehicles Become Subject to Registration
A) The date the vehicle is first operated on the public highways by the present owner determines the date the vehicle becomes subject to registration. However, if the date of initial operation of the vehicle is unknown to the personnel of the Department of Vehicle Services, the date upon which the vehicle becomes subject to registration shall be determined by subsection (a)(6) (B) or (C) below.
B) The purchase date shall be used to determine when the vehicle became subject to registration if the title and registration application date is within six months of the purchase date, and no delayed registration affirmation accompanied the registration application.
C) The application date shall be used to determine when the vehicle became subject to registration if:
i) the title and registration application date is within six months after the purchase date and the owner submits a delayed registration affirmation; or
ii) the title and registration application date is more than six months after the purchase date; or
iii) the vehicle was previously titled but was not registered; or
iv) the vehicle had been registered within the preceding 12 months, but the plates have been transferred to another vehicle.
D) For purposes of Section 3-803(f) of the IVC, the date the applicant becomes a resident of this state shall determine when the vehicle became subject to registration if the vehicle, within the preceding 12-month registration year, had been titled and registered in this state but currently is registered in another state. The owner shall submit proper proof that the vehicle had been validly registered in the other state during this period. The other state's vehicle registration card shall provide such proof. If this card is unavailable, the Secretary shall request verification of current registration from the other state. Upon providing such verification, the vehicle owner shall not be assessed registration fees for any prior registration period.
b) Calendar Year Registration
1) The registration fees and taxes imposed upon vehicles registered on an annual registration year basis shall be reduced by 50 percent when the vehicle becomes subject to registration on or after June 15, but before December 1 of a given calendar year. This subsection shall apply to passenger cars used as taxicabs or livery, and to vehicles registered with funeral home, ambulance, or honorary consular license plates.
2) Reduced Registration
A) Within any calendar year, if an applicant becomes the owner of a vehicle of the first division prior to June 15, and the vehicle is in fact not used or operated on a highway of this State prior to June 15;
B) Then the applicant shall be entitled to a reduced registration in the manner provided for in subsection (b)(1) above, upon compliance with the procedures of subsection (b)(3) below.
3) Delayed Registration Affirmation
A) If the vehicle was purchased within six months after the application date, the applicant shall submit a delayed registration affirmation to be eligible for reduced fees and taxes under subsection (b)(2), above.
B) If the vehicle was purchased more than six months prior to the application date, a delayed registration affirmation shall not be required.
4) A person who becomes the owner of a vehicle after December 1 of any calendar year shall be permitted to register that vehicle for the following registration period without being required to register the vehicle for the current or any previous registration period.
5) If a person becomes the owner of a vehicle before December 1 of any calendar year, but applies for registration after December 1, then such person shall be permitted to register that vehicle for the following registration period without being required to register the vehicle for the current or any previous registration period provided that the delayed registration affirmation indicates that the vehicle has not been operated prior to December 1 or that the purchase date is six months or more from the date of the registration application, as provided in subsection (a)(6).
c) Registration of Motorcycles, Motor Driven Cycles, and Pedalcycles
1) The registration fees and taxes imposed upon motorcycles, motor driven cycles, and pedalcycles, shall be reduced by 50 percent when the vehicle becomes subject to registration on or after September 16 of a given calendar year but prior to March 1 of the following calendar year.
2) Reduced Registration
A) If an applicant becomes the owner of a motorcycle, motor driven cycle, or a pedalcycle prior to September 16 and the vehicle is in fact not used or operated on a highway of this State prior to September 16;
B) Then the applicant shall be entitled to a reduced registration in the manner provided for in subsection (c)(1) above, upon compliance with the procedures of subsection (c)(3) below.
3) Delayed Registration Affirmation
A) If the vehicle was purchased within six months after the application date, the applicant shall submit a delayed registration affirmation to be eligible for reduced fees and taxes under subsection (c)(2), above.
B) If the vehicle was purchased more than six months prior to the application date, a delayed registration affirmation shall not be required.
4) A person who becomes the owner of a vehicle after March 1 of any calendar year shall be permitted to register that vehicle for the following registration period without being required to register the vehicle for the current or any previous registration period.
5) If a person becomes the owner of a vehicle before March 1 of any calendar year but applies for registration after March 1, then such person shall be permitted to register that vehicle for the following registration period without being required to register the vehicle for the current or any previous registration periods provided that the delayed registration affirmation indicates that the vehicle has not been operated prior to March 1 or that the purchase date is six months or more from the date of the registration application, as provided in subsection (a)(6).
**History**
- *Source: Amended at 22 Ill. Reg. 8521, effective April 28, 1998*
##### **92 Ill. Adm. Code 1010.520** When Fees Returnable {#sec-1010.520 omnilex-key=us-il-regs-official--title-92--1010.520}
a) The Secretary of State may reduce by interlineation the amount of any personal check, or corporate check or company check drawn on the account of and delivered by any person applying for any license, title, or permit which requires payment of a fee or tax.
b) The drawer of the check shall be notified in writing of such reduction.
c) Any check reduced pursuant to above shall be endorsed by the Secretary of State as follows: " The amount of this check is warranted to be $_________."
**History**
- *Source: Amended at 14 Ill. Reg. 12267, effective July 16, 1990*
##### **92 Ill. Adm. Code 1010.530** Circuit Breaker Registration Discount {#sec-1010.530 omnilex-key=us-il-regs-official--title-92--1010.530}
a) Definitions
"Circuit Breaker Law" refers to the Senior Citizens and Disabled Persons Property Tax Relief and Pharmaceutical Assistance Act, Ill. Rev. Stat. 1985 Supp., ch. 67½, sec. 401 et seq., and section 3-806.3 of the Illinois Vehicle Code, Ill. Rev. Stat. 1985 Supp., ch. 95½, sec. 3-806.3.
"Circuit Breaker Discount Card" means a document issued by the Secretary of State under the Circuit Breaker Law which entitles qualified claimants and their spouses to a 50% reduction in vehicle registration fees.
"Discount" means a 50% reduction in vehicle registration fees. Personalized license plates may be obtained by Circuit Breaker applicants, but the additional fees for the issuance and renewal of such personalized plates will not be reduced.
b) Registration Procedures
Eligibility for this program shall be determined pursuant to the Circuit Breaker Law and the following rules.
1) Registration Procedure
Applicants shall provide the following documents:
A) Circuit Breaker Discount Card;
B) Registration application; and
C) Payment in the amount of 50% of the appropriate registration fee.
2) To be eligible for the discount, the claimant or the claimant's spouse must be registered as the owner or co-owner of the vehicle.
3) Widows and widowers of qualified claimants under the Circuit Breaker Law shall be eligible for the registration discount provided they comply with the procedures set forth in subsection (b)(1) above and submit their social security number for verification of eligibility.
c) Miscellaneous
1) Individuals who lose or fail to receive their Circuit Breaker Discount Card shall include the social security number of the claimant or spouse at the time of application. The Secretary of State's personnel shall verify that the applicant is entitled to the discount by checking the Circuit Breaker Discount file.
2) The Secretary of State annually shall issue the Circuit Breaker Discount Card by February 1 based on information supplied by the Department of Revenue.
**History**
- *Source: Added at 9 Ill. Reg. 12863, effective August 2, 1985*
##### **92 Ill. Adm. Code 1010.540** Fees {#sec-1010.540 omnilex-key=us-il-regs-official--title-92--1010.540}
a) Over-the-Counter Sales Program
In addition to any fee set forth in subsection (b), an entity participating in the over-the-counter program may charge an applicant for motor vehicle renewal license plates and/or stickers $9.50. No additional charge shall be imposed upon the applicant by any such person, firm, corporation or private institution, or its authorized agent for distribution of motor vehicle renewal license plates and/or stickers. The term Financial Institution, for the purposes of this Section, shall mean any federal or State chartered bank, savings and loan, credit union, armored carrier, and any currency exchange either directly or indirectly through an armored carrier.
b) Electronic Registration and Titling
1) Vendors participating in the Electronic Registration and Titling (ERT) program may charge customers a fee for the optional service of electronically processing their vehicle titling and registration or data and for providing registration plates or stickers. The maximum fee to be imposed upon a customer utilizing the ERT services shall be $35, in addition to any other fee permitted by law or rule. However, if the ERT services are used solely for renewing vehicle registrations, the maximum fee imposed shall be that set forth in subsection (a). One of the two following methods shall be used to identify the fee:
A) the fee shall be identified on the bill of sale, receipt or any other sales documents as "Optional ERT Fee". The "Optional ERT Fee" language shall be distinguished from other language with the use of bold, colored, italic or underscored type or by using a larger font, but in no case may the font size be smaller than that required by the Motor Vehicle Retail Installment Sales Act [815 ILCS 375]. If this method is used, not later than July 1, 2006, all pre-printed bills of sale, receipts or other sales documents shall identify the fee as "Optional ERT Fee" in bold type; or
B) the fee shall be identified on a separate document, including the phrase "Optional Electronic Registration Fee", using a font size not smaller than that required by the Motor Vehicle Retail Installment Sales Act and with a signature line indicating the customer's acceptance or rejection of the option of paying the fee.
2) A service provider may charge vendors up to $14 for each ERT transaction. The maximum ERT fee to be imposed on the customer may not exceed the amount actually charged by the service provider to the vendor plus an amount equal to 1.5 times the amount actually charged by the service provider to the vendor, and, therefore, the maximum fee to be imposed upon a customer utilizing the ERT services shall be $35, in addition to any other fee permitted by statute or rule.
**History**
- *Source: Amended at 46 Ill. Reg. 2750, effective January 25, 2022*
##### **92 Ill. Adm. Code 1010.550** Determining Age of Vehicle {#sec-1010.550 omnilex-key=us-il-regs-official--title-92--1010.550}
a) When a salvage vehicle must be inspected by the Secretary of State Police under IVC Section 3-308, the age of the vehicle is to be determined by subtracting the model year of the vehicle from the calendar year of inspection.
b) Ownership of Salvage Vehicle
1) Pursuant to IVC Section 3-117.1, when an insurance company makes a payment of damages on a total loss claim for a vehicle, the insurance company shall be deemed the owner of the vehicle and the vehicle shall be considered to be salvage, except as provided in subsection (b)(2).
2) Ownership of the following vehicles may, by agreement between the registered owner and the insurance company, be retained by the registered owner of the vehicle:
A) a vehicle that has incurred only hail damage that does not affect the operational safety of the vehicle; or
B) a vehicle that is 9 model years of age or older.
3) To determine whether a vehicle is 9 model years of age or older, the model year of the vehicle shall be subtracted from the calendar year in which the insurance company makes a payment of damages.
**History**
- *Source: Added at 35 Ill. Reg. 8240, effective May 16, 2011*
##### **92 Ill. Adm. Code 1010.610** Unlawful Acts, Fines and Penalties {#sec-1010.610 omnilex-key=us-il-regs-official--title-92--1010.610}
a) It shall be unlawful for any person to own or operate, or to knowingly permit the operation of any vehicle on the highways of the State of Illinois without complying with the I.V.C., or of the Rules promulgated thereunder.
b) Upon arrest and conviction, the fines and penalties prescribed by law shall be imposed. Proper registration in Illinois of any vehicle, after apprehension or arrest, shall not excuse imposition of fines or penalties provided by law, nor be cause for dismissal of the arrest or of the summons, nor be a basis for setting aside a conviction therefor.
##### **92 Ill. Adm. Code 1010.620** Change of Engine {#sec-1010.620 omnilex-key=us-il-regs-official--title-92--1010.620}
a) Where an "owner" has changed or substituted the engine of any passenger car resulting in greater Horse Power, the "owner" shall file an application for reclassification of the registration to the greater Horse Power.
b) Where the "owner" of a motor vehicle has changed or substituted the engine of any motor vehicle converting the same from gasoline to some other fuel, the "owner" shall give written notice to the Secretary of State of the new engine and engine number and of the type of fuel being used. An application for reclassification shall also be filed when required.
##### **92 Ill. Adm. Code 1010.630** Extension of Expiration Dates {#sec-1010.630 omnilex-key=us-il-regs-official--title-92--1010.630}
a) Pursuant to the powers vested in the Secretary of State by Public Act 101-0640 and Executive Orders 2021-01, 2021-04 and 2021-05, any motor vehicle registrations that expired on November 30, 2020 and December 31, 2020 are extended through March 31, 2021. This extension applies to, but is not limited to, those set forth in the following statutes:
625 ILCS 5/3-414
625 ILCS 5/3-414.1
625 ILCS 5/3-414.5
625 ILCS 5/3-407
b) To be eligible for the extensions set forth in this Section, vehicles must be otherwise eligible for registration.
c) Any penalties imposed due to the late filing of vehicle registrations shall be waived for any vehicles subject to this Part and registered within the extended time period provided by this Section. Any vehicle registered beyond the applicable extended time period shall be subject to any penalties imposed due to the late filing of vehicle registrations.
**History**
- *Source: Amended at 45 Ill. Reg. 6054, effective April 22, 2021*
##### **92 Ill. Adm. Code 1010.705** Reciprocity {#sec-1010.705 omnilex-key=us-il-regs-official--title-92--1010.705}
a) Definition and Application
1) "Reciprocity" means the reciprocal exemption by the Secretary of State of Illinois, from registration requirements and from payment, wholly or partially, of any taxes or fees or other charges therefor, as to any vehicle "properly registered" by the "owner" in a Reciprocating State and operated in Illinois in "interstate commerce".
2) A foreign registered vehicle is eligible for "Reciprocity" at all times when operated in Illinois in "interstate commerce" if:
A) Such operation is pursuant to an Illinois Agreement, Arrangement or Declaration; and
B) Such vehicle is duly and "properly registered" by the "owner" in a Reciprocating State; and
C) Such vehicle displays the valid and current registration plates and card issued by the Reciprocating State; and
D) Only if the Reciprocating State grants like privileges to Illinois residents and to vehicles "properly registered" in Illinois.
3) A foreign registered truck, truck-tractor, or motor bus eligible for "reciprocity" and having a gross weight of 12,001 pounds or more must also possess in the cab of the vehicle the current and valid Illinois reciprocity permit.
b) "Properly Registered" and Proration of Registrations.
1) A foreign registered vehicle is "properly registered" if:
A) Registered in a Reciprocating State pursuant to law, or to an Illinois Reciprocity Agreement, Arrangement or Declaration; or
B) Registered in a Reciprocating State and part of a fleet owned or operated by the same person who registers that fleet prorata among the various states in which such fleet operates including the State of Illinois; or
C) Registered in a Reciprocating State as part of a fleet of vehicles, a portion of which are registered in Illinois under proration provisions of an Illinois Agreement or Arrangement; and
D) Registered for the proper gross weight being imposed upon the highways of the State of Illinois.
2) Leases vehicles shall be "properly registered" only if registered by the lessee, who has or is entitled to possession and control. However, where the lessor leases his vehicles only on a one-way basis or only for daily rental, then the said leased vehicles shall be "properly registered" by the lessor.
3) Any fleet of vehicles operated interstate may be eligible for proration of registrations in Illinois pursuant to Illinois Agreements, Arrangement or Declarations; and in addition:
A) A "mixed fleet", that is, one registered prorata and operated into Illinois, must be prorated with Illinois;
B) A fleet required to be prorated under an Illinois Agreement or Arrangement, must be prorated with Illinois.
C) A fleet from a state granting partial "Reciprocity" to Illinois and Illinois registered vehicles may be prorated with Illinois in lieu of full registration, and in such event, the Illinois registration fee shall be waived and only the Illinois flat weight tax prorated.
4) Only a vehicle in such a fleet operated interstate that has a combined gross weight, singly or in combination, together with load, of 12,001 pounds or more, and which will be operated in Illinois, may be included in a prorate application.
5) A vehicle with a current and valid Illinois one-trip permit shall be deemed as being properly registered for that one trip.
6) Fleets of leased vehicles shall be eligible for proration of registrations with Illinois as follows:
A) Where the fleet is operated by the lessee, then the application shall be filed by the lessee; and
B) Where the vehicles in such fleet are leased for one-way hauls or for daily-use and to persons who are not fleet operators, then the application shall be filed by the lessor.
c) Agreements and Arrangement
1) Reciprocity Agreements or Arrangements negotiated by the Secretary of State with other States, shall be in writing, and shall become effective when signed by the Secretary of State and the administrator of the Reciprocating State.
2) Non-resident owned vehicles shall be required in such Agreements or Arrangements as are operated in intrastate commerce, to be registered in Illinois except as specifically exempted by Section 3-402 B(3)(d) of the Code.
3) Leases vehicles shall be registered by the Lessee where the Lessee has or is entitled to possession and control.
d) Declarations
Declarations issued by the Secretary of State may include without limitation, any or all exemptions, benefits or privileges as may be included in a written Agreement or Arrangement, and shall be filed with the Administrator of the State or States affected.
e) Copies of Documents
Copies of all Illinois Agreements, Arrangements, or Declarations shall be on file with the Index Department of the Office of the Secretary of State, in Springfield, Illinois, and shall be available to the public upon request for inspection during business hours, or for purchase of copies thereof.
f) Plates for Foreign Registered Vehicles
1) Foreign registered trucks and truck tractors entitled to Reciprocity, having a combined gross vehicle weight, singly or in combination together with load, of 12,001 pounds or more, shall display:
A) The current and valid registration plates and card of the reciprocating State; or
B) The current and valid Illinois Prorate Decal and Card.
2) Reciprocity Permits are issued for one or more years, whereas Prorate Decals and Cards are issued only on a calendar year basis.
3) Illinois Registration plates issued to trucks and truck tractors, semitrailers and trailers and registered under a prorate registration or under apportionment, shall be on a calendar year basis. All other such registration plates shall be on a fiscal year basis commencing July 1 of each year.
4) Any Reciprocity Permit or Prorate Decal and card therefor, shall be subject to revocation as to any vehicle operated wilfully in violation of the terms of any Illinois Agreement, Arrangement or Declaration, or in violation of the Illinois Motor Carrier of Property Law (Ill. Rev. Stat. 1981, ch. 95½, pars. 18-100 et seq.).
g) Exempt from Illinois Reciprocity Permit requirements are the following foreign-plated vehicles:
1) Vehicles owned by another State.
2) Vehicles owned by a local government unit of another State.
3) School buses.
4) Vehicles owned by the Federal Government.
5) Tow trucks or wreckers making an occasional interstate tow.
6) 2 axle farm trucks hauling livestock, not-for-hire, to an Illinois point of sale or processing and return to the farm in the other State.
7) Semitrailers drawn by a properly registered truck tractor.
8) Tractors towed by a properly registered truck or truck tractor semi combination.
9) Auxiliary axles in a combination with a properly registered truck tractor or semitrailer.
h) Exempt from Illinois prorate Decal Requirements are the following foreign-plated vehicles:
1) Vehicles owned by another State.
2) Vehicles owned by a local government unit of another State.
3) School Buses.
4) Vehicles owned by the Federal Government.
5) Tow trucks or wreckers making an occasional interstate tow.
6) 2 axle farm trucks hauling livestock, not-for-hire, to an Illinois point of sale or processing and return to the farm in the other State.
7) Semitrailers drawn by a properly registered truck tractor.
**History**
- *Source: Amended at 4 Ill. Reg. 17, p. 247, effective April 11, 1980*
##### **92 Ill. Adm. Code 1010.710** Vehicle Proration {#sec-1010.710 omnilex-key=us-il-regs-official--title-92--1010.710}
a) How Proration Works
1) Proration is a method of licensing truck and bus fleets proportionately among several states. The proration fee is determined with reference to the portion of the carrier's mileage generated in each of the individual states.
2) The Illinois proration percentage is first obtained by dividing the carrier's mileage in Illinois by the carrier's total mileage. The Carrier then determines what it would cost if the carrier's entire fleet was licensed in Illinois. The Illinois proration fee is then obtained by multiplying this total fleet registration cost by the proration percentage.
3) The carrier is entitled to as many Illinois license plates as may be purchased for this total Illinois prorate fee. Prorate decals and identification cards are issued for the balance of the carrier's vehicles.
4) The vehicles for which Illinois license plates are issued are entitled to full operating privileges in Illinois, both interstate and intrastate. The vehicles for which prorate decals are issued are limited to interstate operating privileges in Illinois, with the exception of an incidental intrastate operation. Incidental shall be defined as 40% or less of the payload. If "For-Hire", the carrier must have intrastate authority.
b) Filing Date
1) Renewal applications for Vehicle Proration will be available for filing after October 1 of the current year, and must be on file in this office prior to December 1 of that year.
2) If the fees or taxes due are filed after the date specified by the Secretary of State, the Secretary will prescribe the payment of interest at the rate of 1/2 of 1% per month, or a fraction thereof, after the date January 15 of the registration year.
c) Rules and Regulations
Pursuant to the provisions of the Illinois Vehicle Code (IVC), the following rules and regulations have been adopted regarding vehicle proration.
1) Proration is available only for commercial vehicles having a combined gross weight in excess of 12,000 pounds, including the weight of the vehicle and the maximum load, which are operated interstate. A prorate-plated unit which fails to operate interstate in the calendar year for which the license has been issued is subject to full Illinois fee with credit for the amount previously paid.
2) If the applicant operates divisions of separate fleets, the applicant must combine all of the units operated by the various divisions in one application.
3) Applications will not be accepted unless executed and submitted by the "owner", as defined in Section 3-400 of the Illinois Vehicle Code. A long-term lessee is an owner.
4) Every unit in excess of 12,000 pounds operated in the State of Illinois in interstate operations must be included on the schedule for proration.
5) Computing the mileage and factor
A) In computing the mileage, both interstate and intrastate mileage of interstate operations must be listed on the schedule.
B) In computing the prorate factor, however, only vehicles which generated Illinois miles while in the service of the applicant during the reporting period may be used.
6) Calendar Year Applications must be used for units which are to be licensed in Illinois, and these applications must be submitted with the Application for Vehicle Proration and Schedule for Proration. Proof of ownership must be submitted for all units applying for Illinois Prorate base plates. Credit will not be given for Illinois licensed vehicles unless the applications for Illinois license accompany the prorate application. An applicant may purchase as many Illinois license plates as may be purchased at standard Illinois fees for all or part of the prorate fee to be due at the time of payment. Prepare a separate application form (calendar year application) for each vehicle to be licensed in Illinois as indicated along with the application. Unused prorate fees cannot be used to purchase Illinois plates or decals subsequent to filing of the original or any supplemental application.
7) A carrier who purchased Illinois license plates in excess of the amount of prorate fees cannot use the excess as a credit to obtain additional prorate decals applied for in subsequent supplementary applications.
8) Intrastate commerce, as defined herein, will be permitted only for those units which are licensed in the State of Illinois and display Illinois license plates, with the exception of an incidental intrastate operation on a prorate decal.
9) Applications for Illinois license plates on leased vehicles must be submitted in the name of the lessee-applicant and a lease agreement must be attached. In the event that the lease is terminated, the license plates can be transferred to the owner-lessor upon receipt of a transfer application, the statutory fee, and a notarized release of interest from the lessee.
10) Transfers of prorate decals are permitted for the statutory fee, provided the transfer is to a unit of the same weight classification as the unit which was deleted.
11) Every applicant is required to maintain an individual vehicle mileage record.
d) Definitions
The following definitions govern some of the terms used in the Application for Vehicle Proration. Please review these definitions to be sure of accurate completion of the application.
"Combined Gross Weight": Combined gross weight shall mean the weight of the bus, truck or truck-tractor and semitrailer unit and the maximum load.
"Commercial Vehicle": Commercial vehicle shall mean a bus, truck or truck-tractor and semitrailer combination having a combined gross weight in excess of 12,000 pounds which is used or maintained for transportation of persons or property for-hire, compensation, profit, or in furtherance of a commercial enterprise.
"Interstate Commerce": Interstate commerce shall mean transportation between two or more states or transportation originating in one state and passing into or through other states for delivery in another state, and which is not intrastate.
"Intrastate Commerce": Intrastate commerce shall mean transportation originating at any point within this state and destined to any other point or place within this state, irrespective of the route, highway or highways traversed, including transportation which passes into or through another state before delivery is made within this state, and including any act of transportation which includes or completes a pickup within Illinois for delivery within Illinois.
"IVMR": IVMR shall mean Individual Vehicle Mileage Records required of all prorate carriers.
"Long-Term Lease": Long-term lease shall mean a lease of a vehicle to a lessee for a period of 30 days or more.
"Principal Place of Business": Principal place of business shall mean the place where any person transacts his principal business, or where he makes up and approves his payroll, maintains a central file of records, and maintains his principal executive offices. In the event that not all of these functions are performed in one place, then that place where a majority of such functions are performed or the place where such person does, in fact, principally transact and control his business.
"Reporting Period": The period of twelve consecutive months immediately prior to July 1 of the year immediately preceding the commencement of the registration or license year for which proportional registration is sought.
"Short-Term Lease": Short-term lease shall mean a lease of a vehicle to a lessee for a period of 29 days or less, but for more than one trip.
"Trip Lease": Trip lease shall mean a lease of a vehicle to a lessee for a one-trip operation only.
e) Temporary Prorate Authorization Permit
1) Once an original application is on file, fees have been paid and the immediate operation of a vehicle is necessary prior to receiving prorate credentials from the State of Illinois, the carrier may operate the vehicle by use of the Illinois Temporary Authorization Permit. This permit may be obtained by writing the Commercial & Farm Truck Division in the Secretary of State's Office.
2) The permit must be completed in full and be typed. One copy of the permit is to be carried in the vehicle, one copy is to be retained by the company for audit purposes, and one copy is to be forwarded to the Secretary of State's Office along with the accompanying supplemental application plus the appropriate fees within five (5) working days after the permit has been issued.
3) The permits will be issued upon written request at the statutory fee and in numerical order. Temporary permits are valid for 45 days from the date of issuance by the company. These permits are not to be used for the renewal of any registration.
4) All unused permits issued for that calendar year must be returned to the Commercial & Farm Truck Division, Office of the Secretary of State, by January 15 of the next year. For the number of expired unused permits that are returned, the office will issue that same amount of next year's permits free of charge, limited, however, to the renewal by a carrier of the same account. Any permits received after January 15 will be accepted for accountability and audit purposes only.
5) No more than one permit may be issued per vehicle. If a permit is typed out incorrectly and needs to be voided, all three (3) copies are to be returned to our office with a letter of explanation.
6) If all of the permits issued to a company are not accounted for, the company will be assessed full year Illinois fees in the highest weight or fee category for power units that the company has a power unit registered in during the registration year in question and the company will lose its privilege of obtaining temporary authorization permits.
f) Additional Information
1) Uniform Proration Compact
In requesting the issuance of Illinois license plates and prorate backing plates, carriers who are prorating under the Uniform Proration Compact should be aware of the following requirements relating to the issuance of license plates and backing plates:
A) The carrier may designate for issuance by Illinois at least that number of license plates for which payment could be made in full from the amount of money paid by the carrier in prorate fees to the State of Illinois.
B) Illinois will not issue more license plates than may be designated pursuant to subsection (1) hereof unless the applicant pays the standard Illinois fee for the additional vehicles to be licensed in the State of Illinois.
2) Leased Vehicles
All license plates and prorate identification issued pursuant to this application will be issued in the name of the applicant-carrier. This will apply even in the case of vehicles which are leased to the applicant-carrier by the lessor. In such case, application for Illinois registration should be made in the name of the long-term lessee with the lessee's address. The name of the lessor may also be shown.
A) Trip Lease
i) A carrier whose fleet has been prorated with the State of Illinois may trip lease a prorated vehicle to another carrier whose fleet has also been prorated with the State of Illinois, provided a copy of the lease is in the cab of the unit being operated by the lessee.
ii) The lessor, however, must maintain, for the purpose of individual vehicle mileage records, the mileage operated under the trip lease, and the lessor must, in filing a prorate application for the succeeding year, record the miles operated by that truck under the trip lease. In the event that a reciprocity carrier trip leases to a prorate carrier (lessee), the prorate carrier must purchase an Illinois 72-hour trip permit.
B) Short-Term Lease (Less than 30 days, but for more than one trip): The lessor must maintain, for the purpose of individual vehicle mileage records, the mileage operated under a short-term lease and the lessor-carrier must, in filing a prorate application for the succeeding year, report the miles operated by any unit under a short-term lease.
C) Long-Term Lease: The registration identification card for base plates from all jurisdictions must indicate the name of the lessee, or the names of the lessor and lessee, if the lease is for 30 days or longer.
i) 30 days or more/prorated units – the lessee must maintain, for the purpose of individual vehicle mileage records, the mileage operated under a long-term lease, and the carrier must, in filing a prorate application for the succeeding year, report the miles operated by any unit under a long-term lease.
ii) 30 days or more/fiscal-plated units – the vehicle shall be registered jointly in the names of the lessor and the lessee, and if said unit has been issued an Illinois fiscal plate, then mileage generated by that unit shall be reported on the prorate application if the unit operates interstate while in the service of the applicant.
g) Mileage Record Keeping Requirements
1) Individual Vehicle Mileage Records
A) As a condition precedent to the filing of a prorate application, every applicant is required to maintain individual vehicle mileage records, hereinafter referred to as IVMR, in the form and manner prescribed in these instructions.
B) Any registrant whose application for prorate registration has been accepted shall preserve the records on which it is based for a period of four years. Such records shall be made available to the Secretary of State's Office for audit as to accuracy of computation, payments, and assessments for deficiencies or allowances for credits, during the normal business hours of the day.
C) The IVMR is a summary of the driver's daily logs or other source documents that when completed will show a pattern of continuous movement of the individual vehicle. Trips must be listed in chronological order. The applicant will be required to explain time lapses and unaccounted for movements in sufficient detail to permit the auditor to satisfy himself that all mileage is properly recorded.
D) The IVMR is not to be submitted to this office. It is to be maintained by the carrier as a mileage record from which the carrier may complete the schedule and be available for audit.
E) An IVMR must be maintained by the applicant for each vehicle that is a part of the fleet. IVMR's must be prepared on a monthly basis. At the end of the mileage period, all mileage records must be made available at one location for audit purposes.
F) The source documents comprising the IVMR's must contain the following information:
i) Date
ii) Trip Origin & Destination
iii) Driver's Name
iv) Total Trip Miles
v) Mileage by States
vi) Vehicle Serial Number
vii) Vehicle Fleet Number
viii) Decal Number
ix) Plate Number
x) Routes Traveled
G) The IVMR must include any and all movements of the prorated vehicle, whether loaded or empty.
H) All applicants are required to maintain IVMR's for the purpose of accumulating the required mileage statistics. The Secretary of State will permit the use of alternate systems when permission has been granted by the Reciprocity-Prorate Audit Division of the Secretary of State's Office. To obtain this permission, the following conditions must be met:
i) The applicant must submit in writing to the Office of the Secretary of State, a request for permission to use a substitute mileage accounting system, setting forth the reason(s) why a substitute system is necessary.
ii) As part of the request, include samples of the form which is proposed to be used.
iii) A detailed step-by-step procedure for the use of this system must also be submitted.
iv) If such permission is granted, the applicant will not be required to maintain the IVMR.
v) An applicant may continue the use of an approved alternate system, provided the applicant does not change the system, until notification by the Secretary of State to the contrary. The Secretary of State, through the Reciprocity-Prorate Audit Division, will approve an alternate system if all of the information required to be maintained above in the IVMR's is maintained, although not in the IVMR format.
2) Monthly summaries of IVMR's must then be compiled for the fleet.
3) Annual summaries of the fleet must be prepared from the monthly summaries.
4) When a leasing company or any trucking service company prepares the prorate application for any carrier, the carrier must retain copies of the mileage information furnished as well as all supporting documents.
**History**
- *Source: Amended at 8 Ill. Reg. 5329, effective April 6, 1984*
##### **92 Ill. Adm. Code 1010.715** Proration Fees {#sec-1010.715 omnilex-key=us-il-regs-official--title-92--1010.715}
a) Applications for apportionment of a fleet of vehicles shall be due on or before December 1st of each year, but the Secretary may grant a deferral to an applicant for cause. The fees and taxes due to the State of Illinois from an applicant for apportionment shall be due on January 2nd, but the Secretary may grant a deferral to an applicant up to 30 days where the deferral is due to delay in processing of an application by the Office of the Secretary of State.
b) The minimum fee and tax to be paid for apportionment shall be $10. Interest at the rate of ½ of 1% per month or fraction thereof shall also be due on fees and taxes that are due, if paid after the date specified by the Secretary of State, and the minimum interest payment shall be $5 per applicant if any interest is due.
##### **92 Ill. Adm. Code 1010.720** Vehicle Apportionment {#sec-1010.720 omnilex-key=us-il-regs-official--title-92--1010.720}
a) International Registration Plan
1) The International Registration Plan (IRP) is a method of licensing truck and bus fleets apportionately among two or more member jurisdictions. The apportionate fee is determined by the fleet's percentage of miles generated in the various jurisdictions.
2) It is the purpose of the IRP to issue one (1) registration plate and one (1) cab card to each vehicle. The cab card will indicate the various jurisdictions in which the unit is legal to operate.
b) Applications for filing will be available after October 1 of the current year and must be on file in this office prior to December 1 of that year.
c) Rules and Regulations
Pursuant to the provisions of Section 3-402.1 of the Illinois Vehicle Code (IVC), the following rules and regulations have been adopted regarding apportionment.
1) Apportionment is required for commercial vehicles having a combined gross weight exceeding 26,000 pounds, including the weight of the vehicle and the maximum load, or having three or more axles, regardless of weight, providing they operate in a jurisdiction that is a member of the IRP.
2) Illinois will accept apportionment applications for separate fleets if a company desires, if more than one is submitted designated as Fleet No. 1 and Fleet No. 2.
3) Miles reported
A) Mileage generated by the apportioned fleet during the preceding year (July 1-June 30) must be included on the application.
B) Estimated mileage in IRP member jurisdictions will not be accepted for new or expanded operations for the second registration year or subsequent years unless the carrier pays in excess of 100% registration of a fleet.
4) In computing the mileage, the interstate and intrastate miles of each apportioned vehicle must be included, and reported on a fleet basis. Estimated mileage in non-member, IRP jurisdictions will not be accepted for new or expanded operations for the second registration year or subsequent years. If second year estimates are listed on the schedule B, they will be deleted and percentages computed accordingly. Miles must be included for all jurisdictions traveled even if the carrier does not apportion in that jurisdiction. The carrier must indicate on its application the jurisdictions in which it wishes to apportion.
5) Carriers who apportion their vehicles may operate in interstate or intrastate commerce, providing that they have the proper authority from the Commerce Commission if required.
6) If a carrier operates more than one fleet, and one of the fleets is based in a jurisdiction that is a member of the IRP, then that fleet must be apportioned in Illinois. If the other fleet is based in a non-IRP jurisdiction, and it will operate in Illinois, then that fleet will be required to prorate with the State of Illinois.
7) Household Goods Carriers who are leasing equipment from service representative may elect to base equipment in the base jurisdiction of the service representative or that of the carrier.
8) Owner-operators who are leased on a long-term lease may be registered in the owner-operator's name or in the lessee's name. (See Article IX of the International Registration Plan, Appendix B)
9) Rental companies will apportion their vehicles as defined in Article XI of the International Registration Plan (see Appendix B).
10) The State of Illinois will issue apportionment plates to trucks, truck-tractors, full trailers, and buses.
11) Every applicant is required to maintain Individual Vehicle Mileage Records.
12) For purposes of this rule, if an apportioned vehicle does not operate in two or more IRP member jurisdictions for two or more consecutive registration years, there shall arise a presumption that the vehicle was not intended for use in two or more member jurisdictions, therefore not an apportionable vehicle, unless otherwise shown by the applicant. Such vehicle is then subject to 100% Illinois registration fees.
d) Vehicle Identification
1) To every vehicle registered under the IRP, Illinois will issue an identification card.
A) Base license plate bearing APPORTIONED.
B) Apportioned cab card indicating the weights for the IRP jurisdictions in which they are apportioned, name and address of the company, individual, description of the vehicle, Illinois license number, etc.
2) Identification credentials must be maintained or displayed as follows:
A) License plates must be displayed on the front of the power unit and on the back of the semitrailer, full trailer, and bus.
B) The cab card must be carried on or in the vehicle for which it is issued. This must be the original card. Copies are not accepted by Illinois Law Enforcement personnel.
e) Temporary Apportionment Authorization Permit
1) Once an original application is on file, fees have been paid and the immediate operation of a vehicle is necessary prior to receiving apportionment credentials from the State of Illinois, the carrier may operate the vehicle by use of the Illinois Temporary Authorization Permit. This permit may be obtained by writing the Commercial & Farm Truck Division in the Secretary of State's Office.
2) The permit must be completed in full and be typed. One copy of the permit is to be carried in the vehicle, one copy is to be retained by the company for audit purposes, and one copy is to be forwarded to the Secretary of State's Office along with the accompanying supplemental application plus the appropriate fees within five (5) working days after the permit has been issued.
3) The permits will be issued upon written request at the statutory fee each and in numerical order. Temporary permits are valid for 45 days from the date of issuance by the company. Temporary Authorization Permits can only be used for the account number which they were originally assigned. These permits are not to be used for the renewal of any registration.
4) The information submitted on all applications must be identical with the description of the vehicle which was typed on the Temporary Authorization Permit. The complete vin number must be on the Temporary Authorization Permit and the application.
5) All unused permits issued for that calendar year must be returned to the Commercial & Farm Truck Division of the Office of the Secretary of State by January 15 of the next year. For the number of expired unused permits that are returned to our office by that time, we will issue that same amount of next year's permits free of charge, limited, however, to the renewal by a carrier of the same account. Any permits received after January 15, will be accepted for accountability and audit purposes only.
6) No more than one permit may be issued per vehicle. If a permit is typed out incorrectly and needs to be voided, all three (3) copies are to be returned to our office with a letter of explanation.
7) If all of the permits issued to a company are not accounted for, the company will be assessed full year fees in all jurisdictions in the highest weight or fee category for power units that the company has a power unit registered in during the registration year in question, and the company will lose its privilege of using Temporary Authorization Permits and none will be issued to the company.
f) Mileage Record Keeping Requirements
1) Individual Vehicle Mileage Records
A) As a condition precedent to the filing of an IRP application, every applicant is required to maintain individual vehicle mileage records, herein after referred to as IVMR, in the form and manner prescribed in this rule.
B) The IVMR is a summary of the driver's daily logs or other source documents that when completed will show a pattern of continuous movement of the individual vehicle. Trips must be listed in chronological order. The applicant will be required to explain time lapses and unaccounted-for movements in sufficient detail to permit the auditor to satisfy himself that all mileage is properly recorded.
C) The IVMR is not to be submitted to this office. It is to be maintained by the carrier as a mileage record from which the carrier may complete the schedule and be available for audit.
D) An IVMR must be maintained by the applicant for each vehicle that is a part of the apportioned fleet. IVMR's must be prepared on a monthly basis. At the end of the mileage period, all mileage records must be made available at onelocation for audit purposes.
E) The form of the IVMR must conform to the example in the current application and instruction book. All items of description must be completed on the IVMR. When more than one page is used for a vehicle, the subsequent pages must be numbered.
F) The mileage figures to be entered on IVMR's can be obtained from various sources, such as odometer or hubometer readings, state maps, or a household goods mileage guide, as long as the method used is consistent.
G) The source documents comprising the IVMR's must contain the following:
i) Date
ii) Trip Origin and Destination
iii) Driver's Name
iv) Total Trip Miles
v) Mileage by States
vi) Vehicle Serial Number
vii) Fleet Number
viii) Vehicle Unit Number
ix) Plate Number
x) Routes Traveled
H) The IVMR must include any and all movements of the apportioned vehicle, whether loaded or empty.
I) All applicants are required to maintain IVMR's for the purpose of accumulating the required mileage statistics. The Secretary of State will permit the use of alternate systems where permission has been received in writing from the Office of the Secretary of State, Reciprocity-Prorate Audit Division. To obtain this permission for the use of a substitute mileage accounting system, the following conditions must be met:
i) The applicant must submit, in writing, to the Office of the Secretary of State, a request for permission to use a substitute mileage accounting system setting forth the reason(s) why a substitute system is necessary.
ii) As part of the request, include samples of forms which are proposed to be used.
iii) A detailed step-by-step procedure for the use of this system must also be submitted.
iv) If such permission is granted, you will not be required to maintain the IVMR.
v) An applicant may continue the use of an approved alternate system, provided the applicant does not change the system, until notification by the Secretary of State to the contrary. The Secretary of State, through the Reciprocity-Prorate Audit Division, will approve an alternate system if all of the information required to be maintained above in the IVMR's is maintained, although not in the IVMR format.
2) Monthly summaries of IVMR's must then be compiled for the fleet.
3) Annual summaries of the fleet must be prepared from the monthly summaries.
4) When a leasing company or any trucking service company prepares the IRP application for any carrier, the carrier must retain copies of the mileage information furnished, as well as all supporting documents.
5) When the owner-operated (lessor) registers in the name of the owner-operator, all required records and supporting documents must be available for audit at the established place of business of the owner-operator.
**History**
- *Source: Amended at 8 Ill. Reg. 5329, effective April 6, 1984*
##### **92 Ill. Adm. Code 1010.725** Trip Leasing {#sec-1010.725 omnilex-key=us-il-regs-official--title-92--1010.725}
A trip lease is the lease of a vehicle and its use by a lessee for one-trip. The leased vehicle must be properly registered. Properly registered shall mean a valid base plate from the "home state", plus any one of the following: prorate decal, reciprocity permit, valid trip permit; or an apportionment plate qualified in Illinois.
a) "Commercial" Vehicles: Trucks, buses, and any other "commercial" vehicle, whether for-hire or not-for-hire, may be trip leased for use by the lessee within Illinois subject to the following limitations:
1) Illinois Licensed Vehicles: May be used for interstate or intrastate operations generally.
2) Vehicles Licensed in Non-Reciprocating States: Subject to Illinois registration requirements whether operated by the owner or by the lessee, and may then be trip-leased for interstate movements only, with the same limitations as in paragraph (3) below.
3) Vehicles Licensed in Reciprocating States: May be used for interstate operations only:
A) Where the lessor is a "daily rental" operator and the lessee is a non-fleet operator; or
B) Where the lessee is for-hire, then only if the lessee is non-fleet operator; or
C) Where the lessee is under apportionment or proration, a 72 hour trip permit is required.
D) Where the lessor and the lessee are under apportionment or proration, if the lessor accumulates the miles.
E) Where the lessor is a rental operator under apportionment or proration if the lessor accumulates the miles.
b) In all cases, trip-leases shall not be used to avoid Illinois registration requirements, all vehicles under trip-lease must be properly identifiable as being operated by the lessee, and the evidences of registration issued to the owner must be in the cab of the lease vehicle.
c) In the case of a "for-hire" movement, the "certificates, permit or registration authorizing such operation" required by law for the lessee shall be carried in the cab of the leased vehicle.
d) All commercial vehicles registered in another State must also comply with the documentary requirements of Section 1730.130.
e) Trip-lease records and mileage records must be kept for audit purposes.
**History**
- *Source: Amended at 4 Ill. Reg. 17, p. 247, effective April 11, 1980*
##### **92 Ill. Adm. Code 1010.730** Intrastate Movements, Foreign Vehicles {#sec-1010.730 omnilex-key=us-il-regs-official--title-92--1010.730}
a) Any motor vehicle operated upon the highways of the State of Illinois "intrastate" shall be properly registered in and display the current and valid registration plates and card of the State of Illinois except herein provided.
b) Movements that are "Intrastate"
The following movements of commercial vehicles are all deemed to be "intrastate", and must be made with motor vehicles properly registered in Illinois:
1) Transportation of property, cargo or freight from any Illinois point of origin to any Illinois destination.
2) Transportation of property, cargo, or freight from any Illinois point of origin to an Illinois dock, terminal, or warehouse for subsequent reloading or further transport.
3) Transportation wherein cargo or freight is loaded within Illinois for an Illinois destination.
4) Transportation of persons from any Illinois point of origin to any Illinois destination except when incidental to and concurrent with an interstate movement by a bus, part of a bus fleet prorated with Illinois along its interstate route.
c) Movements that may be "Intrastate" but which may be made on foreign plates
1) The following movements are permitted by law to be made with motor vehicles properly registered in other states:
A) "Non-Commercial" vehicle may be operated "intrastate" within Illinois, for personal or recreational purposes by the non-resident owner or operator, until he becomes a resident. Any non-resident who changes his address and moves into Illinois, or who becomes gainfully employed for a period of more than 60 days and has an abode within Illinois, shall be deemed a resident for registration purpose.
B) A "Commercial" vehicle registered in another jurisdiction as part of a fleet registered prorate in Illinois may conduct a bonafide intrastate operation incidental to its interstate operations if it is displaying a current and valid Illinois Prorate Decal together with a current and valid foreign registration plate in any of the following intrastate movements but no combination thereof:
i) Interstate movements in the normal course of operations and such intrastate cargo or freight on such unit may not constitute more than 40% of the entire cargo or freight of the vehicle conducting such movement;
ii) All of the cargo or freight on the vehicle consists of cargo or freight which has an origin or ultimate destination outside of Illinois.
iii) Cargo or freight may be added in Illinois on a vehicle which was brought into Illinois for delivery to another point in Illinois or beyond provided that such carrier retains 60% of his interstate cargo on the vehicle at the time the freight is picked up and such carrier is limited to only one intrastate movement on said vehicle.
2) Foreign registered trucks and truck tractors must possess in the cab of the vehicle an Illinois reciprocity permit or display a prorate decal if 12,001 pounds or more.
d) Movements that are "Interstate" and not "Intrastate"
The following movements of a vehicle are deemed to be "interstate" and may be made by a vehicle "property registered" elsewhere, so long as such vehicle possesses in the cab of the vehicle a valid or current Illinois Reciprocity Permit, or displays a valid or current Prorate Decal, if 12,001 pounds or more:
1) Multiple dropoffs or deliveries by a vehicle of cargo or freight hauled into Illinois from out-of-state and any such vehicle destined for more than one Illinois destination;
2) Partial dropoff or delivery by a vehicle of cargo or freight hauled into Illinois and any such vehicle with one or more Illinois destinations, with final dropoff or delivery of cargo or freight at an out-of-state destination;
3) Multiple pickups by a vehicle of "interstate" cargo or freight to be hauled directly out-of-state including cases where partial dropoff or delivery of "interstate" cargo or freight hauled into Illinois on the same vehicle was made.
4) Movement of an empty semitrailer and/or trailer between Illinois points incidental to an interstate shipment of cargo or freight and not normal "spotting" operation.
**History**
- *Source: Amended at 4 Ill. Reg. 17, p. 247, effective April 11, 1980*
##### **92 Ill. Adm. Code 1010.735** Interline Movements {#sec-1010.735 omnilex-key=us-il-regs-official--title-92--1010.735}
a) "Interline movements" are joint movements by two or more carriers when the initiating carrier does not have the requisite through "for-hire" authority, and his vehicle and driver are turned over to another carrier with the additional authority necessary, all pursuant to the federal or state "for-hire" laws and regulations.
b) "Commercial vehicles" operated by any person for the transportation of persons or property, may be utilized in interline "for-hire" movements by two or more carriers within Illinois as follows:
1) An "Interstate" Movement may be made with a vehicle:
A) Properly registered in Illinois; or
B) Properly registered in another State if it is displaying and Illinois One-Trip Permit; or
C) Part of a fleet apportioned with Illinois and displaying the Illinois Prorate Decal.
2) "Intrastate" Movements must be made with vehicles properly registered in Illinois.
##### **92 Ill. Adm. Code 1010.740** Trip and Short-Term Permits {#sec-1010.740 omnilex-key=us-il-regs-official--title-92--1010.740}
a) One-trip permits: 72 hours or 3 calendar days.
1) Interstate Movements by "Commercial Vehicles".
A) One-trip permits for the operation within Illinois of "commercial vehicles" whether for-hire or not-for-hire, when such are not eligible for reciprocity, may be issued on an occasional basis or for a specific short-term or emergency use. However, such permits are not available for:
i) Vehicles eligible for Reciprocity and which must possess in their cabs Illinois Reciprocity Permits.
ii) Vehicles eligible for apportionment unless, in the discretion of the Secretary, it is impractical to apportion or prorate a particular vehicle.
iii) Qualifying a "not-for-hire" vehicle for a "for-hire" movement.
iv) In lieu of required registration except as herein provided.
v) To qualify a vehicle for intrastate movements unless otherwise provided for in this rule.
B) Permits may be issued in advance of a movement in the name of the applicant, and the applicant may then complete the vehicle data required in advance of the movement. However, data must be typed in before the movement commences to prevent re-use of the same permit.
C) A permit is valid for only one trip or one round-trip by one vehicle or combination but once. Copies of used permits must be retained for four calendar years and be available for audit.
D) A permit shall be valid for only one proper use within 90 days after issuance and shall be void thereafter.
E) A "carnival" vehicle properly registered in a reciprocal jurisdiction which has come to rest at a point in Illinois and which is then to be moved to another point in Illinois in an intrastate movement shall be eligible for a one-trip permit for carnival purposes only. No blank permits will be issued.
F) No permit is required for a semitrailer or trailer if the motor vehicle drawing or towing the same has a valid permit including the gross weight of the trailing vehicle.
2) Other Limitations and Restrictions.
Limitations and restrictions affecting permits are as follows:
A) Reclassification of any permit is not permissible.
B) Transfer of any permit is not permissible.
C) Refunds for an unused permit are not available.
D) Replacement of a lost permit is not permissible.
E) Vehicles required by law to be registered in Illinois for a calendar or fiscal year are not eligible for any permit.
b) One-month Registration Permits.
1) A registration permit for one calendar month may be issued to vehicles of the second division, only on an occasional basis or for a specific and special short-term use. Such permits may not be issued to vehicles which are required by law to be registered on an annual basis.
2) Therefore, such registrations shall be limited to the following situations:
A) Carnival vehicles registered in other States and used only temporarily in Illinois in intrastate movements.
B) Itinerant farm trucks registered in other States, leased by an Illinois farmer, and the owner thereof picks produce and delivers it to the point of first processing.
C) School buses displaying an Illinois school bus plate, for charter operations within Illinois.
3) All such permits shall be restricted as follows:
A) No refunds will be accepted or granted.
B) Reclassification of a permit will not be permitted.
C) Transfer of a permit from one person to another or from one vehicle to another will not be permitted.
D) Replacement of a lost permit will not be made.
E) The permit shall be subject to revocation for a violation or if it is not affixed permanently to the vehicle.
**History**
- *Source: Amended at 15 Ill. Reg. 12782, effective August 15, 1991*
##### **92 Ill. Adm. Code 1010.745** Signal 30 Permit for Foreign Registration Vehicles (repealed) {#sec-1010.745 omnilex-key=us-il-regs-official--title-92--1010.745}
**History**
- *Source: Repealed at 14 Ill. Reg. 6848, effective April 18, 1990*
##### **92 Ill. Adm. Code 1010.750** Signal 30-Year-Round for Prorated Fleets of Leased Vehicles (repealed) {#sec-1010.750 omnilex-key=us-il-regs-official--title-92--1010.750}
**History**
- *Source: Repealed at 14 Ill. Reg. 6848, effective April 18, 1990*
##### **92 Ill. Adm. Code 1010.755** Mileage Tax Plates {#sec-1010.755 omnilex-key=us-il-regs-official--title-92--1010.755}
a) Operation of a second division vehicle, registered under the mileage tax option, with a broken or disconnected odometer, is prohibited. Apprehension shall result in arrest and issuance of summons, as well as any and other penalties specified by the Code and these Rules and Regulations.
b) Election to pay the mileage weight tax, in lieu of the flat weight tax, must be made at the beginning of the registration year, or when a newly-acquired vehicle is first registered, and shall be binding until the end of the registration year.
c) Reclassification of a mileage tax plate to a flat weight tax plate is not permissible. The prescribed quarterly reports must be filed and additional mileage taxes paid as are due.
d) Upon failure to file quarterly returns, or to pay any additional tax or penalty found to be due by the Secretary, the election for such vehicle is terminated, and the owner shall be required to register a vehicle under the flat weight tax provisions of the law, and no credit is allowable for any payments under the mileage tax option. Credit for the $8.00 registration fee, however, is allowable.
e) The election to pay the mileage tax in lieu of the flat weight tax will be denied as to any applicant whose election has previously been terminated or who is in default or has failed to pay any additional tax or penalty found to be due by the Secretary.
**History**
- *Source: Amended at 4 Ill. Reg. 17, p. 247, effective April 11, 1980*
##### **92 Ill. Adm. Code 1010.756** Suspension or Revocation of Illinois Mileage Weight Tax Plates {#sec-1010.756 omnilex-key=us-il-regs-official--title-92--1010.756}
The Secretary of State may suspend or revoke Illinois Mileage Tax Plates and Cards therefor, upon investigation, or upon a showing by his own records or other sufficient evidence that:
a) Such was fraudulently or erroneously issued; or
b) The registered vehicle has been dismantled or wrecked; or
c) Required fees or taxes have not been paid and remain unpaid after demand, and as due to the Secretary of State or the Illinois Commerce Commission; or
d) When such is knowingly displayed upon a vehicle other than the one for which issued and a proper transfer application has not been filed pursuant to Sections 3-501, 3-502 and 3-504 of the Code; or
e) The owner has committed an offense under Chapter 3 of the Code; or
f) The owner of the vehicle fails to make the quarterly report required by this Code in Section 3-818; or
g) The vehicle has a speedometer or odometer which is disconnected or broken.
**History**
- *Source: Amended at 4 Ill. Reg. 17, p. 247, effective April 11, 1980*
##### **92 Ill. Adm. Code 1010.760** Transfer for "for-Hire" Loads {#sec-1010.760 omnilex-key=us-il-regs-official--title-92--1010.760}
Where a "Not-For-Hire" vehicle is detected handling a "For-Hire" load, in addition to the fines and penalties and registration requirements provided by this Code, or this Section, transfer of the "For-Hire" load to a "For-Hire" vehicle may be required by the Illinois Commerce Commission or the State Police pursuant to Section 18-704 of the Code.
##### **92 Ill. Adm. Code 1010.765** Suspension or Revocation of Exemptions as to Foreign Registered Vehicles {#sec-1010.765 omnilex-key=us-il-regs-official--title-92--1010.765}
The Secretary of State may suspend or revoke any and every Illinois Reciprocity Permit, Illinois Prorate Decal and Plate, or suspend, revoke or cancel, wholly or partially, benefits, privileges and exemptions granted in any Illinois Reciprocity Agreement, Arrangement or Declaration upon investigation, or upon a showing of his own records, or other sufficient evidence that:
a) An Illinois Reciprocity Permit or Prorate Decal and card therefor was fraudulently or erroneously issued or obtained; or
b) The vehicle in question has been dismantled or wrecked; or
c) Required fees or taxes have not been paid and remain unpaid after demand, and as due to the Secretary of State or the Illinois Commerce Commission; or
d) An Illinois Reciprocity Permit or Prorate Decal or Card therefor has been knowingly carried in or displayed upon a vehicle other than the one for which issued and a proper transfer application therefor has not been filed; or
e) An offense against an Illinois Reciprocity Agreement, Arrangement or Declaration has been committed.
f) The vehicle has been unlawfully operated "intrastate".
g) A "Not-for-hire" vehicle has been unlawfully operated "For-Hire".
**History**
- *Source: Amended at 4 Ill. Reg. 17, p. 247, effective April 11, 1980*
##### **92 Ill. Adm. Code 1010.770** Required Documents for Trucks and Buses to Detect "intrastate" Movements {#sec-1010.770 omnilex-key=us-il-regs-official--title-92--1010.770}
a) All motor vehicles of the second division, to wit, trucks, tractors and buses, properly registered in another jurisdiction and displaying the current and proper registration plates and cards of such other jurisdiction, and carrying persons or property, cargo or freight, shall comply with this Section in addition to either possessing in the cab of the vehicle an Illinois Reciprocity Permit, or displaying a prorate Decal and Card, and shall possess in the cab of the vehicle:
1) One or more documents, including but not limited to:
A) A bill of lading
B) A trip manifest
C) Dispatch record
D) Driver's log per federal requirements
E) Shipping invoice or freight bill for freight charges
F) Motor fuel receipt
G) Cargo receipt
H) The letter of authority required by Illinois law for "For-Hire" motor carried vehicles
I) Lease identifying the Lessor and Lessee
J) Illinois Uniform Cab Card with Illinois Commerce Commission stamp
2) Each document listed above must set forth the following information:
A) The point of origin and destination of the vehicle.
B) The point of origin and destination of its cargo or person being carried.
C) Whether the movement is "For-Hire" or "Not-For-Hire".
D) The name of the consignor and of the consignee.
E) Whether the movement is "intrastate" within Illinois or "interstate".
F) Power unit number.
G) The operator of the vehicle.
H) Whether any cargo was laden thereon in Illinois.
I) Date when such power unit entered State of Illinois.
b) Where the cargo is a full load for but one destination, then the cargo may be identified as a "TL" load.
c) Where the cargo is a multiple shipment for various consignees or destinations, then the cargo may be identified as "LTL-Interstate" or "LTL-Intrastate", or "LTL-Mixed" when both "interstate" and "intrastate" movements are involved.
d) All vehicles operated "For-Hire" must also display:
1) The federal Interstate Commerce Commission (ICC) regulatory number;
2) The Illinois ICC regulatory number, as required by the Illinois Commerce Commission for movement regulated by it;
**History**
- *Source: Amended at 4 Ill. Reg. 17, p. 247, effective April 11, 1980*
##### **92 Ill. Adm. Code 1010.775** Certificate of Safety {#sec-1010.775 omnilex-key=us-il-regs-official--title-92--1010.775}
a) The I.V.C. provides that certain vehicles of the 2nd Division and subject to inspection must display a valid certificate of safety.
b) Exempt from these requirements are the following vehicles of the 2nd Division:
1) Those vehicles used for carrying more than 10 persons and subject to the jurisdiction of the Illinois Commerce Commission.
2) Municipal buses displaying plates issued under Section 3-807 of the I.V.C.
3) Semitrailers or trailers having a gross weight of 5,000 pounds or less.
4) Recreational vehicles defined by Sections 1-169, 1-109, 1-127, 1-165 of the I.V.C. and displaying recreational vehicle plates.
5) Farm Tractors.
6) Farm Machinery and Implements of Husbandry.
7) Farm wagons, wagon trailers or like vehicles when used in agricultural pursuits.
8) Vehicles of non-resident interstate carriers in compliance with federal requirements.
9) Vehicles bearing Illinois "antique" plates or foreign vehicles eligible therefor.
10) Vehicles with permanently mounted machinery or equipment eligible for registration under Section 3-812 of the I.V.C.
11) House trailers equipped and used for living quarters or for human habitation.
c) All applications for registrations of those vehicles which are subject to inspection shall be accompanied by proof that a valid and unrevoked certificate of safety has been issued for such vehicles except:
Semitrailers owned by leasing companies and leased truck operators of trucks which are in compliance with Chapter 13 of the I.V.C.
##### **92 Ill. Adm. Code 1010.APPENDIX** A Uniform Vehicle Registration Proration and Reciprocity Agreement {#sec-1010.appendix omnilex-key=us-il-regs-official--title-92--1010.APPENDIX}
Pursuant to and in conformity with the laws of the respective States, the contracting States acting by and through their officials lawfully authorized to execute this agreement, do mutually agree as follows:
ARTICLE 1. PURPOSES AND PRINCIPLES
Section 1. Purposes of Agreement. (a) It is the purpose of this agreement to set up a system whereby any contracting State may permit owners of fleets of commercial vehicles operating in two or more States to prorate the registration of the vehicles in such fleets in each State in which the fleets operate on the basis of the proportion of miles operated within such State to total fleet miles, as defined herein.
(b) It is further the purpose of this agreement to grant reciprocity to noncommercial vehicles, and to commercial vehicles engaged in interstate operations and intrastate operations incidental thereto which are not entitled to have their registration prorated under this agreement as part of a fleet. Reciprocity entitles a vehicle which is properly registered in a contracting State, as provided in this agreement, to be exempt from registration and payment of fees in each other contracting State for the purpose of engaging in any type of interstate vehicle operation in each other contracting State.
Section 2. Principle of Proration of Registration. It is hereby declared that in making this agreement the contracting States adhere to the principle that each State should have the freedom to develop the kind of highway user tax structure that it determines to be most appropriate to itself, that the method of taxation of interstate commercial vehicles should not be a determining factor in developing its user tax structure, and that annual taxes or other taxes of the fixed fee type upon commercial vehicles which are not imposed on a basis that reflects the amount of highway use should be apportioned among the States, within the limits of practicality, on the basis of vehicle miles traveled within each of the States.
ARTICLE 2. DEFINITIONS
Section 10. "State". State shall include the States of the United States, the District of Columbia, the territories of the United States, the Provinces of Canada, and the States, Territories and Federal District of Mexico.
Section 11. "Contracting State". Contracting State shall mean a State which is a party to this agreement.
Section 12. "Administrator". Administrator shall mean the official or agency of a State administering the fee involved, or, in the case of proration of registration, the official or agency of a State administering the proration of registration in that State.
Section 13. "Person". Person shall include any individual, firm, co-partnership, joint venture, association, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.
Section 14. "Base State". Base State shall mean with respect to a vehicle:
(a) In the case of a commercial vehicle, the State from or in which the vehicle is most frequently dispatched, garaged, serviced, maintained, operated, or otherwise controlled, or also in the case of a fleet vehicle the State to which it is allocated for registration under statutory requirements.
(b) In the case of a vehicle other than a commercial vehicle owned by an individual, the State of legal domicile of such individual.
(c) In the case of a vehicle other than a commercial vehicle owned by a person other than an individual, or owned by an individual who has not legal domicile, the State from or in which the vehicle is most frequently dispatched, garaged, serviced, maintained, operated, or otherwise controlled.
In order that this section may not be used for the purpose of evasion of registration fees, the administrators of the contracting States may make the final decision as to the proper base State, in accordance with Section 37 hereof, to prevent or avoid such evasion.
Section 15. "Commercial Vehicle". Commercial Vehicle shall mean any motor vehicle having a gross weight in excess of 6,000 pounds and other vehicle regardless of weight used or maintained for the transportation of persons for-hire, compensation profit, or in furtherance of a commercial enterprise, or any vehicle designed, used, or maintained primarily for the transportation of property or for drawing other vehicles so designed, used or maintained.
Section 16. "Fleet". As to each contracting State, fleet shall include only those commercial vehicles which actually travel a portion of their total miles in such State. A fleet must include three (3) or more Commercial vehicles, at least two (2) of which are motor vehicles.
Section 17. "Registration". Registration shall mean the registration of a vehicle and the payment of annual fees and taxes as set forth opposite the name of each contracting State in the Appendix hereto.
Section 18. "Proration of Registration". Proration of Registration shall mean registration of fleets of commercial vehicles in accordance with Article 4 of this agreement.
Section 19. "Reciprocity". Reciprocity shall mean that each contracting State, to the extent provided in this agreement, exempts a vehicle from registration and the registration fees set forth in Section 17 of the Appendix.
ARTICLE 3. GENERAL PROVISIONS
Section 30. Effects on Other Agreements, Arrangements, and Understandings. On and after its effective date, this agreement shall supersede any reciprocal or other agreement, arrangement, or understanding between any two or more of the contracting States covering, in whole or in part, any of the matters covered by this agreement; but this agreement shall not affect any reciprocal or other agreement, arrangement, or understanding between a contracting State and a State or States not a party to this agreement.
Section 31. Applicability to Exempt Vehicles. This agreement shall not require registration in a contracting State of any vehicles which are in whole or part exempt from registration under the laws or regulations of such State without respect to this agreement.
Section 32. "Inapplicability to Caravaned Vehicle". The benefits and privileges of this agreement shall not be extended to a vehicle operated on its own wheels, or in tow of a motor vehicle, transported for the purpose of selling or offering the same for sale to or by any agent, dealer, purchaser, or prospective purchaser.
Section 33. "Other Fees and Taxes". This agreement does not waive any fees or taxes charged or levied by any State in connection with the ownership or operation of vehicles other than registration fees as defined herein. All other fees and taxes shall be paid to each State in accordance with the laws thereof.
Section 34. "Statutory Vehicle Regulations". This agreement shall not authorized the operation of a vehicle in any contracting State contrary to the laws or regulations thereof, except those pertaining to registration and payment of fees; and with respect to such laws or regulations, only to the extent provided in this agreement.
Section 35. "Violations". Each contracting State reserves the right to withdraw, by order of the administrator thereof, all or any party of the benefits or privileges granted pursuant to this agreement from the owner of any vehicle or fleet of vehicles operated in violation of any provision of this agreement. The administrator shall immediately give notice of any such violation and withdrawal of any such benefits or privileges to the administrator of each other contracting State in which vehicles of such owner are operated.
Section 36. "Cooperation". The administrator of each of the contracting States shall cooperate with the administrators of the others and each contracting State hereby agrees to furnish such aid and assistance to each other within its statutory authority as will aid in the proper enforcement of this agreement.
Section 37. Interpretation. The final decision regarding interpretation of questions at issue relating to this agreement shall be reached by joint action of the contracting States, acting through the administrator thereof, and shall upon determination be placed in writing.
Section 38. "Amendment". This agreement may be amended by joint action of the contracting States, acting through the officials thereof authorized to enter into this agreement. Any amendment shall be placed in writing and become a part hereof.
Section 39. "Effect of Headings". Article and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any article or section hereof.
Section 40. "Additional States". Additional states may become parties to this agreement by signing and accepting the terms of the agreement subject to the approval of the contracting States of any restriction, limitation, or condition imposed by such additional State upon its membership under the agreement.
ARTICLE 4. PRORATION OF REGISTRATION
Section 50. "Applicability". Any owner of a fleet may register the vehicles of said fleet in any contracting State by paying to said State total registration fees in an amount equal to that obtained by applying the proration of in-state fleet miles divided by the total fleet miles, to the total fees which would otherwise be required for regular registration of each and all of such vehicles in such contracting State.
All fleet pro-rata registration fees shall be based upon the mileage proportions of the fleet during the period of twelve months ending on June 30 next preceding the commencement of the registration year for which registration is sought: Except, that mileage proportions for a fleet not operated during such period in the State where application for registration is made will be determined by the administrator upon the sworn application of the applicant showing the operations during such period in other States and the estimated operations, during the registration year for which registration is sought, in the State in which application is being made; or if no operations were conducted during such period a full statement of the proposed method of operation.
If any commercial vehicles operate in two or more States which permit the proration of registration on the bases of a fleet of vehicles consisting of a lessor number of vehicles than provided in Section 16, such fleet may be prorated as to registration in such States, in which event the vehicles in such fleet shall not be required to register in any other contracting States if each sure vehicle is registered in some contracting State (except to the extent it is exempt from registration as provided in Section 31).
If the administrator of any State determines, based on the method of the operation thereof, that the inclusion of a vehicle or vehicles as a part of a fleet would adversely affect the proper fleet fee which should be paid his State, having due regard for fairness and equity, he may refuse to permit any or all of such vehicles to be included in his State as a part of such fleet.
Section 51. "Determination of Number of Vehicles in a Fleet". In determining the number of commercial vehicles in a fleet for the purposes of proration of registration, each individual unit of a combination of vehicles shall be counted as one vehicle.
Section 52. "Total Fleet Miles". Total fleet miles, with respect to each contracting State, shall mean the total miles operated by the fleet (1) in such State, (2) in all other contracting States, (3) in other States having proportionate registration provisions, (4) in States with which such contracting State has reciprocity, and (5) in such other States as the administrator determines should be included under the circumstances in order to protect or promote the interest of his State; except that in States having laws requiring proration on the basis of a different determination of total fleet miles, total fleet miles shall be determined on such basis.
Section 53. "Leases Vehicles". If a commercial vehicle is operated by a person other than the owner as a part of a fleet which is subject to the provisions of this article, then the operator of such fleet shall be deemed to be the owner of said vehicle for the purposes of this article.
Section 54. "Extent of Privilege". Upon the registration of a fleet in a contracting State pursuant to this article, each vehicle in the fleet may be operated in both interstate and intrastate operations in such State (except as provided in Section 34).
Section 55. "Application for Proration". The application for proration of registration shall be made in each contracting State upon substantially the application forms and supplements thereto appended to this agreement as Exhibit 1 and made a part hereof.
Section 56. "Issuance of Identification". Upon registration of a fleet, the State which is the base State of a particular vehicle of the fleet, shall issue the required license plates and registration card for such vehicle, and each contracting State in which the fleet of which such vehicle is a part, operates shall issue a special identification identifying such vehicle as a part of a fleet which has fully complied with the registration requirement of such State. The required license plates, registration cards and identification shall be appropriately displayed in the manner required by the administrator of each respective State.
Section 57. "Additions to the Fleet". If any vehicle is added to a prorated fleet after the filing of the original application, the owner shall file a supplemental application in accordance with the instruction. The owner shall register such vehicle in each contracting State in like manner as provided for vehicles listed in an original application and the registration fee payable shall be determined on the mileage proportion used to determine the registration fees payable for vehicles registered under the original application.
Section 58. "Withdrawals from Fleet". If any vehicle is withdrawn from a prorated fleet during the period for which it is registered or identified, the owner shall notify the administrator of each State in which it is registered or identified of such withdrawal and shall return the plates, and registration card or identification as may be required by each administrator.
Section 59. "Audits". The administrator of each contracting State shall, within the statutory authority of such administrator, make any information obtained upon an audit of records of any applicant for proration of registration available to the administrators of the other contracting States.
Section 60. "Errors in Registration". If it is determined by the administrator of a contracting State, as a result of such audits or otherwise, that an improper fee has been paid his State, or errors in registration found, the administrator may require the fleet owner to make the necessary corrections in the registration of his fleet and payment of fees.
ARTICLE 5. RECIPROCITY
Section 70. "Grant of Reciprocity". Each of the contracting States grants reciprocity as provided in this article.
Section 71. "Applicability". The provisions of this agreement with respect to reciprocity shall apply only to a vehicle properly registered in the base State of the vehicle, which State must be contracting State.
Section 72. "Non-applicability to Fleet Vehicles". The reciprocity granted pursuant to this article shall not apply to a vehicle which is entitled to be registered or identified as part of a prorated fleet.
Section 73. "Extent of Reciprocity". The reciprocity granted pursuant to this article shall permit both interstate and intrastate operation of a vehicle which is not a commercial vehicle. The reciprocity granted pursuant to this article shall permit the interstate operation of a commercial vehicle and intrastate operation which is incidental to a trip of such vehicle involving interstate operation.
Section 74. "Other Agreements". Nothing in this agreement shall be construed to prohibit any of the contracting States from entering into separate agreements with each other for the granting of temporary permits for the intrastate operation of vehicles registered in the other State; nor to prevent any of the contracting States from entering into agreements to grant reciprocity for intrastate operation within any zone or zones agreed upon by the States.
Section 75. "Establishment of New Residence". Whenever an individual who is the owner of a noncommercial vehicle granted reciprocity pursuant to this agreement establishes domicile during the registration period in another contracting State, he shall not be required to register his vehicle in such State, he shall not be required to register his vehicle in such State until the expiration of the current registration of the vehicle unless the law of the State otherwise provides.
ARTICLE 6. EFFECTIVE DATE. CANCELLATION OR REVOCATION.
Section 90. "Effective Date". This revised agreement shall become effective upon arrival and shall apply to registrations beginning with the 1957 registration year, but changes in the agreement shall not affect registrations for the 1956 registration year.
Section 91. "Cancellation or Revocation". This agreement shall continue in full force thereafter until cancelled or revoked by the official or officials of any contracting State authorized to enter into this agreement, upon 30 days written notice to the corresponding officials of the other contracting States.
**History**
- *Source: Amended at 7 Ill. Reg. 1436, effective January 21, 1983*
##### **92 Ill. Adm. Code 1010.APPENDIX** B International Registration Plan {#sec-1010.appendix omnilex-key=us-il-regs-official--title-92--1010.APPENDIX}
FOREWARD
The International Registration Plan is a registered reciprocity compact among states of the United States and provinces of Canada providing for payment of license fees on the basis of fleet miles operated in various jurisdictions.
The unique feature of this Plan is that, even though license fees are paid to the various jurisdictions in which fleet vehicles are operated, only one (1) license plate and one (1) cab card is issued for each fleet vehicle when registered under the Plan. A fleet vehicle is known as an apportionable vehicle and such vehicle, insofar as registration is concerned, may be operated both interstate and intrastate.
The International Registration Plan is a product of the American Association of Motor Vehicle Administrators, and this is recommended for adoption by all jurisdictions.
I. Purpose and Principal
A. This reciprocal agreement shall be referred to, cited, and known as the International Registration Plan.
B. It is the purpose of this agreement to promote and encourage the fullest possible use of the highway system by authorizing the proportional registration of fleets of vehicles, and the recognition of vehicles proportionally registered in other jurisdictions, thus contributing to the economic and social development and growth of the jurisdictions.
C. It is the purpose of this agreement to implement the concept of one registration plate for one vehicle.
D. It is the purpose of the agreement to grant exemptions from payment of certain fees when such grants are reciprocal.
E. It is the purpose of this agreement to grant reciprocity to proportionally registered fleets of vehicles, and to provide for the continuance of reciprocity granted to those vehicles that are not eligible for proportional registration under the terms of this agreement.
II. Definitions Applicable to this Agreement
A. "Apportionable Fees" means any periodic recurring fee required for licensing or registering vehicles, such as, but not limited to, registration fees, license, and weight fees.
B. "Apportionable Vehicle" means any vehicle except recreational vehicles, vehicles displaying restricted plates, city pickup and delivery vehicles, buses used in transportation of chartered parties, and government owned vehicles, used in two or more jurisdictions that allocate or proportionally register vehicles, and is used for the transportation of persons for-hire or designed, used, or maintained primarily for the transportation of property, and:
1. has a gross vehicle weight in excess of 26,000 pounds; or
2. has three or more axles, regardless of weight; or
3. is used in combination when the weight of such combination exceeds 26,000 pounds gross vehicle weight.
Vehicles, or combinations thereof, having a gross vehicle weight of 26,000 pounds or less, and two-axle vehicles, may be proportionally registered at the option of the registrant.
C. 1. "Base Jurisdiction" means, for the purpose of fleet registration, the jurisdiction where the registrant has an established place of business, where mileage is accrued by the fleet, and where operational records of such fleet are maintained or can be made available in accordance with the provisions of Article XIV, A, (2).
2. Registrants based in any jurisdiction not a member of this agreement, and who have been licensing vehicles in any member jurisdictions using basing point, allocation, or proration, may declare the member jurisdiction where the most miles have been operated as a base jurisdiction for purposes of this agreement until such time as the registrant's base jurisdiction becomes a member of this agreement.
3. Household Goods Carriers using equipment leased from service representatives may elect, with respect to such equipment, to base such equipment in the base jurisdiction of the service representative, or that of the carrier.
For equipment owned and operated by owner-operators, other than service representatives, and used exclusively to transport cargo for the household goods carrier, the equipment shall be registered by the carrier in the base jurisdiction of the carrier, but in both the owner-operator's name and that of the carrier as lessee, with the apportionment of fees according to the records of the carrier.
D. 1. "Base Plate" means the plate issued by the base jurisdiction, and shall be the only registration identification plate issued for a vehicle by any member jurisdiction.
2. Base plates shall be identified by having the word "APPORTIONED" and the jurisdiction's name on the plate. The numbering system and color shall be determined by the issuing jurisdiction.
E. "Commissioner" means the jurisdiction official in charge of registration of vehicles.
F. "Fleet" means one or more apportionable vehicles.
G. "In-Jurisdiction Miles" means the total number of miles operated by a fleet of proportionally registered vehicles in a jurisdiction during the preceding year. In those cases where the registrant operated a fleet of proportionally registered vehicles in jurisdictions that required no apportionment and grant reciprocity, the base jurisdiction may add such miles to the in-jurisdiction miles.
H. "Jurisdiction" means a state, territory, or possession of the United States, the District of Columbia, or a state or province of a country.
I. "Operational Records" means documents supporting miles traveled in each jurisdiction and total miles traveled, such as fuel reports, trip sheets, and logs.
J. "Preceding Year" means the period of twelve consecutive months immediately prior to July 1 of the year immediately preceding the commencement of the registration or license year for which proportional registration is sought.
K. "Reciprocity" means that an apportionable vehicle properly registered hereunder shall be exempt from further registration by any other member jurisdiction.
L. "Recreational Vehicle" as used in this Agreement is one used for personal pleasure or travel by an individual or his family.
M. "Registrant" means a person, firm, or corporation in whose name or names a vehicle is properly registered.
N. "Registration Year" means the twelve-month period during which the registration plates issued by the base jurisdiction are valid according to the laws of the base jurisdiction.
O. "Restricted Plate" means one that has time (less than a registered year), geographic area, mileage, or commodity restriction.
P. "Service Representative" means one who furnishes facilities and services including sales, warehousing, motorized equipment, and drivers under contract or other arrangements to a carrier for transportation of property by a household goods carrier.
Q. "Total Miles" means the total number of miles operated by a fleet of proportionally registered vehicles in all jurisdictions during the preceding year.
R. "Chartered Party" means a group of persons who, pursuant to a common purpose and under a single contract, and at a fixed charge for the vehicle in accordance with the carrier's tariff, lawfully on file with the Interstate Commerce Commission, have acquired the exclusive use of a passenger-carrying motor vehicle to travel together as a group to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the chartered group after having left the place of origin.
III. Fees For Proportional Registration
A. The registration fee for apportionable vehicles shall be determined as follows:
1. Divide the in-jurisdiction miles by the total miles generated during the preceding year.
2. Determine the total fees required under the laws of each jurisdiction for full registration of each vehicle at the regular annual or applicable fees, or for the unexpired portion of the registration year.
3. Multiply the sum obtained under Paragraph 2 of this section by the quotient obtained under Paragraph 1 of this section.
B. This agreement does not waive any fees or taxes charged or levied by any jurisdiction in connection with the ownership or operations of vehicles other than the apportionable fees as defined herein. All other fees and taxes shall be paid to each jurisdiction in accordance with the laws thereof.
IV. Application for Proportional Registered
A. 1. An applicant for proportional registration shall file a uniform application with Commissioner of the base jurisdiction in lieu of registration under other applicable statutes.
2. Whenever the base jurisdiction of the registrant changes as a result of conditions described in Article II, (C) (2), the re-registration of the registrant in the new jurisdiction shall be accomplished through orderly and equitable procedures to be established by the Commissioner of the two jurisdictions involved.
B. Applications for proportional registration shall be filed on a date as determined by the base jurisdiction. Every application for proportional registration shall, at the time and in the manner required by the Commissioner, be supported by the payment of registration fees in the amount determined in Article III, provided, however, the Commissioner may, by regulation, postpone payment of fees until after the Commissioner has computed the fees due.
C. The applicant for proportional registration of trailers, and semitrailers, shall use the application form for such vehicle and the apportionment of registration fees shall be computed by using the same factor determined by in-jurisdiction and total miles in Article III, and this shall be applied to the registration fee. Jurisdictions may waive trailer, and semitrailer, apportionment. Jurisdictions requiring proportional registration of trailers, and semitrailers, shall provide for such requirement by filing exception as described in Article XVII.
D.
1. The application shall contain the number of power units, number of trailers, and semitrailers, with such vehicle description as may be required by the jurisdictions concerned and a uniform mileage schedule.
2. The base jurisdiction, after receiving its proportionate fees, shall supply the necessary identification plates and prepare cab cards, listing on the front of the cab cards the jurisdictions where the vehicles are proportionally registered, the weight for which registered, and other necessary information in each of the jurisdictions. The base jurisdiction may, in its discretion, withhold issuing plates and cards until it has received evidence of payment due other member jurisdictions.
3. The base jurisdiction shall notify the other declared jurisdictions that a proportional registration application has been filed, and shall furnish the declared jurisdiction a uniform mileage schedule.
4. All plates and cards and reciprocal exemptions are subject to cancellation and revocation in the event of erroneous issuance thereof, or if any fees remain unpaid.
5. The base jurisdiction shall cooperate with other declared jurisdictions in connection with applications and fees paid.
E. In those cases where Household Goods Carrier's equipment is elected to be registered in the base jurisdiction of the service representative, the equipment shall be registered in said service representative's name and that of the carrier as lessee with the apportionment of fees according to the combined records of the service representative and those of the carrier, and such records must be kept or made available in the service representative's base jurisdiction.
If the election is the base jurisdiction of the carrier, and such jurisdiction is a member jurisdiction, the equipment shall be registered by and in the name of the carrier and that of the service representative as lessor with the apportionment of fees according to the records of the carrier and the service representative, which must include intrastate miles operated by those vehicles applicable under this Agreement, and the records must be kept or made available in the base jurisdiction of the carrier. Service representatives properly registered under this election shall be fully registered for operations under their own authority as well as under the authority of the carrier.
V. Registration of Apportionable Vehicles
A. The Commissioner of the base jurisdiction shall register apportionable vehicles upon application and payment of the registration fees as provided in Articles III and IV. Payment of additional fees for each vehicle so registered may be required by the Commissioner of the base jurisdiction in an amount provided by statute or regulation of the base jurisdiction for the issuance of a plate. A registration card shall be issued for each vehicle registered by the Commissioner of the base jurisdiction, and the card shall appropriately identify the vehicle for which it is issued, list the jurisdictions in which the vehicle has been apportioned, the weight and classification of fee for which registered according to the applications and payments furnished by the applicant. Such registration card shall be carried in or upon the vehicle for which it has been issued at all times.
B. Vehicles registered as provided in Section A of this Article shall be deemed fully registered in all jurisdictions where proportionally registered for any type of movement or operation provided the registrant has proper interstate or intrastate authority from the appropriate regulatory agency or is exempt from regulation by the regulatory agency.
C. There shall be no minimum vehicle fees for any apportionable vehicle, except those statutory fees for issuance of identifications or filing of applications.
VI. Registration of Additional Fleet Vehicles
A. Vehicles acquired by the registrant after the commencement of the registration year and added to the proportionally registered fleet shall be registered by applying the mileage percentage used in the original application for such fleet for such registration period to the regular registration fees with due respect to such vehicles for the remainder of the registration year.
B. All applications for additional fleet vehicles shall be filed and processed in the same manner as the original application.
VII. Withdrawal of Fleet Vehicles, Credits, Replacement Vehicles, and Accounting
A. If a vehicle is withdrawn from a proportionally registered fleet during the period for which it is registered, the registrant of such fleet shall notify the Commissioner on appropriate forms provided by the Commissioner. The Commissioner shall require the registrant to surrender the cab card and identification plates to the base jurisdiction with respect to any such vehicle. If a vehicle is permanently withdrawn from a proportionally registered fleet because it has been destroyed, sold, or otherwise completely removed from the service of the registrant, the unused portion of the fees paid with respect to such vehicle, where permitted by statute, shall be refunded by each jurisdiction or be applied against liability of such registrant for subsequent additions to such fleet during such registration year or for additional fees upon audit.
B. If the registrant is replacing a vehicle for one withdrawn from the fleet and such vehicle is of the same weight category as that replaced, the registrant shall file a supplemental application with the base jurisdiction. The base jurisdiction shall, in accordance with provisions in Article VI (B), issue a new cab card and transfer the identification plates to a new vehicle. When a replaced vehicle is of a greater weight or requires a larger registration fee, the registrant shall file the re-registration with the base jurisdiction in the manner set forth in Article VI for the registration of additional fleet vehicles.
VIII. New Operations
A. Initial application for proportional registration shall state the mileage data in all jurisdictions for the preceding year with respect to such vehicle or vehicles. If no operations were conducted with such vehicle or vehicles during the preceding year, the application shall contain a full statement of the proposed method of operation and estimates of annual mileage in each jurisdiction. The registrant shall determine the in-jurisdiction and total mileage to be used in computing the proportional registration fee for the vehicle or vehicles. The base jurisdiction Commissioner may adjust the estimate in the application if the base jurisdiction Commissioner is not satisfied with its correctness.
IX. Registration of Owner-Operator Vehicles
A. Proportional registration for owner-operators who lease their vehicles to motor carriers may be accomplished in one of the following procedures:
1. The owner-operator (lessor) may be the registrant and the vehicle may be registered in the name of such owner-operator. The allocation of fees shall be according to the operational records of such owner-operator. The identification plates and cab card shall be the property of the lessor; or
2. The lessee may be the registrant at the option of the lessor and the vehicle may be registered by the carrier, but in both the owner-operator's name and that of the carrier as lessee, with the allocation of fees according to the records of the carrier. The identification plates and cab card shall be the property of the lessee. Should an owner-operator, registered pursuant to this Section, leave the fleet of the lessee, the lessee may proceed in accordance with Article VII.
B. Vehicles of owner-operators that are not proportionally registered or not fully registered in a jurisdiction having a separate reciprocity agreement with the jurisdiction in which the vehicles is being operated shall be subject to the trip permit requirement as set forth in Article XII.
C. Each jurisdiction shall provide a means of registration for owner-operators not operating as a lessor. Such registration shall be a restricted plate or permit issued for a minimum fee and for a registered gross weight not in excess of the empty weight of the vehicle.
X. Trip Leasing
A. The lessee, except as provided for service representatives in Article II (C), is responsible for the proper registration of the vehicle. Except that an apportioned operator may lease equipment to another apportioned fleet operator and the lessor shall be responsible for reporting on the proportional application the miles traveled by the leased equipment. The lessee shall be the person using and operating the equipment by the lease agreement. The leased vehicle must bear proportional credentials and be operated only in the jurisdictions to which fees have been paid or a trip permit will be required. The service representative in Article II (C) shall have the same responsibility for qualifying his vehicles.
XI. Registration of Rental Vehicles
A. Definitions applicable to this Article are:
1. "Rental Owner" means an owner principally engaged with respect to one or more rental fleets, in renting to others or offering for rental the vehicles of such fleets without drivers.
2. "Rental Fleet" means five or more vehicles which are rented or offered for rental without drivers, and which are designated by a rental owner as a rental fleet.
3. "Rental Vehicle" means a vehicle of a rental fleet.
4. "Renting and Leasing" means the giving of possession and control of a vehicle for valuable consideration for a specified period of time.
5. "Rental Transactions" for the rental of a vehicle shall be deemed to occur in the jurisdiction where such vehicle first comes into possession of the user.
B. Rental fleets owned by any person or firm engaging in the business of renting such vehicles shall be extended full interstate and intrastate privileges, provided that:
1. Such vehicles are part of a rental fleet which are identifiable as being a part of such fleet; and
2. Such person or firm has received approval from the jurisdiction to apportion a part of such fleet; and
3. Such person or firm registers the vehicles as described below:
a. Trucks and Truck-Tractors – In accordance with Articles III, IV, V, VI, and VII of this agreement.
b. Rental Passenger Cars – Divide the gross revenue received in the preceding year for use of such rental vehicles arising from passenger car rental transactions occurring in the jurisdiction by the total gross revenue received in the preceding year for the use of such rental vehicles arising from passenger car rental transactions occurring in all jurisdictions in which such vehicles are operated. The resulting percentage shall be applied to the total number of passenger cars in the fleet and that figure shall be the number of rental passenger cars that shall be fully registered in the jurisdiction.
c. Trailers and Semitrailers – Trailers and semitrailers not in separate pool fleets and used in normal tractor-trailer operations shall be licensed according to Article IV (C). Where required, trailers and semitrailers over 6,000 pounds gross vehicle weight, and used solely in pool fleets, shall be licensed as follows:
Divide the gross revenue received in the preceding year for use of such rental vehicles arising from rental transactions occurring in the jurisdiction by the total gross revenue received in the preceding year for the use of such rental vehicles arising from rental transactions in all jurisdictions. The resulting percentage shall be applied to the number of units in such fleet.
d. Utility Trailers – Utility Trailers 6,000 pounds gross vehicle weight and under. Every owner of utility trailers engaged in the business of renting such trailers for use in a jurisdiction shall register a number of trailers equal to the average number of such trailers in or through the jurisdiction during the preceding year.
e. One-Way Vehicles – Trucks of less than 26,000 pounds gross vehicle weight operated as part of an identifiable one-way fleet will allocate vehicles to the respective jurisdictions based on the mileage factor procedure in Article III and fully plate said allocated vehicles in such jurisdiction. All trucks of such one-way fleet so qualified will be allowed to perform both interstate and intrastate movements in all jurisdictions.
XII. Trip Permit Registration
A. Trip permit registration may be issued for any vehicle or combination of vehicles which could be lawfully operated in the jurisdiction if full registration or proportional registration were obtained.
B. A person desiring a trip permit registration shall make application therefor on forms provided by the Commissioner. Every such application shall be accompanied by the required fee. Every trip permit shall be carried in the cab of the vehicle for which such permit is issued.
C. Any vehicle or combination of vehicles for which a trip permit has been issued may be operated in interstate or intrastate commerce in the jurisdiction for the period allowed under such permit.
D. Trip permits shall not be used to evade or circumvent this agreement.
E. Jurisdictions, members to this agreement, may provide a system of issuing trip permits for other jurisdictions, members of this agreement, so that vehicles may move without waiting for telegraphic or other emergency authorization. The issuing jurisdiction shall collect the necessary trip permit fee and forward it to the jurisdiction for which the permit was issued and deliver to the registrant the permit for movement in the other jurisdiction or jurisdictions.
XIII. Preservation of Records and Audit
A. Any registrant whose application for proportional registrant has been accepted shall preserve the records on which it is based for a period of three preceding years. Such records shall be made available to the Commissioner at his request for audit as to accuracy of computation, payments, and assessments for deficiencies or allowances for credits, during the normal business hours of the day.
B. If any registrant fails to make records available to the Commissioner upon proper request or if any registrant fails to maintain records from which his true liability may be determined, the Commissioner may, thirty days after written demand for an availability of records or notification of insufficient records, impose an assessment of liability based on the Commissioner's estimate of the true liability of such registrant, information gathered by the Commissioner at his own instance, information available to the Commissioner concerning operations by similar registrants and such other pertinent information as may be available to the Commissioner.
XIV. Audits
A. 1. The base jurisdiction shall audit the registrants displaying a base plate of the base jurisdiction as to authenticity of mileage figures derived from operational records and registrations and at such time and frequency as determined by the base jurisdiction.
2. In the event that the registrant's operational records are not located in the base jurisdiction and it becomes necessary for the base jurisdiction to send auditors to the place where such records are normally kept, the base jurisdiction may require the registrant to reimburse for per diem and travel expense of its auditors incurred in the performance of such audit.
B. Upon completion of any such audit, the Commissioner shall notify all jurisdictions in which the registrant was proportionally registered on the accuracy of the records of such registrant. Should the registrant have underpaid any jurisdiction in which his vehicles were proportionally registered, such information shall be furnished to the jurisdiction for collection.
C. Audits may be made by the Commissioners of the several jurisdictions.
XV. Assessments Claims Under Audit
A. Upon audit, the Commissioner shall assess for any deficiency found to be due. No assessment for deficiency or claim for credit may be made for any period for which require are no longer required.
B. Assessments based on audits, interest on assessments, refunds, or credits on any other amounts including auditor's per diem and travel shall be made in accordance with the statute of each jurisdiction involved with the audit of a registrant.
XVI. Entry and Withdrawal
A. Any jurisdiction may become a party to this agreement by executing the prescribed adopting resolution and sending it to the American Association of Motor Vehicle Administrators (Hereinafter referred to as AAMVA) in Washington, D.C.; however, such resolution must be approved and endorsed by all member jurisdictions using procedures contained in Article XIX.
B. This agreement shall continue in full force and effect, after its original adoption, as to each jurisdiction until cancelled or revoked by proper officials of any jurisdiction upon thirty days written notice to AAMVA who shall immediately notify all officials of the other member jurisdictions of this agreement. However, cancellation by one jurisdiction shall not effect the agreement as between other jurisdictions. All credentials issued under this agreement shall be valid until the end of the current registration year of the applicable jurisdiction.
XVII. Exceptions
A. Each signatory jurisdiction to this agreement shall list its exceptions, if any. These exceptions will be made a part of the adopting resolution and of this agreement by appendix listing and will be effective upon approval by each member jurisdiction using procedures contained in Article XIX.
B. Any jurisdiction may amend its exceptions by serving copies of the proposed changes on AAMVA and all member jurisdictions. Upon approval of all contracting jurisdictions, the amended or proposed exception shall be effective in the next succeeding registration year provided at least 30 days notice has been given.
C. Failure on the part of a member jurisdiction to respond to a proposed new or amended exception within 120 days of its receipt shall be deemed to constitute approval of the exception so submitted.
D. The withdrawal or cancellation of an exception shall be accomplished by filing due notice of action with AAMVA and becomes effective upon notification to all member jurisdictions using the procedures contained in Article XIX. The withdrawal or cancellation of an exception shall not require approval by the member jurisdictions.
E. There shall be no exceptions taken, however, to the following concepts embodied in this agreement:
1. Single registration plate,
2. Single registration (cab) card, and
3. Ability to perform both interstate and intrastate vehicle movements.
XVIII. Other Agreements
This agreement shall supersede any reciprocal or other agreements, arrangements, or understanding between any two or more of the member jurisdictions covering, in whole or in part, any of the matters covered by this agreement; but this agreement shall not affect any reciprocal or other agreement, arrangement, or understanding between a member jurisdiction and any non-member jurisdiction.
XIX. Administration
A. The AAMVA shall be the official repository for this agreement and shall be responsible for the required duties attendant to the administration of this agreement.
B. When two or more jurisdictions become signatories to this agreement, and as each jurisdiction thereafter joins the agreement, each jurisdiction shall send the prescribed adopting resolution to AAMVA in Washington, D.C. Upon receipt of such resolution, AAMVA shall provide a copy to each member jurisdiction for the purpose of obtaining the required endorsement. Each member jurisdictions shall notify AAMVA as to its endorsement or rejection of the applicant jurisdiction.
C. The AAMVA shall keep all jurisdictions apprised of the current status of the agreement in the manner determined by the Association to best accomplish this purpose.
D. Decisions regarding interpretations of any questions at issue relating to this agreement shall be reached by agreement of two-thirds of the member jurisdictions, acting through the Commissioners thereof, and upon determination shall be place in writing and be retained by AAMVA as a part of the permanent record.
XX. Amendments
A. This agreement may be amended, subject to approval of three-fourths of the member jurisdictions, acting through the officials thereof authorized to enter this agreement. All proposed amendments shall be placed in writing and shall be presented to each member jurisdiction for approval or rejection.
XXI. Effective Date
This agreement shall become effective upon approval by any two jurisdictions and shall be operative between jurisdictions upon their signing or adopting this agreement.
**History**
- *Source: Amended at 7 Ill. Reg. 1436, effective January 21, 1983*
##### **92 Ill. Adm. Code 1010.APPENDIX** C Affirmation Supporting Salvage Certificate {#sec-1010.appendix omnilex-key=us-il-regs-official--title-92--1010.APPENDIX}
CODE FOR ESSENTIAL PARTS LIST
A.
Right front fender/rear fender
B.
Left front fender/rear fender
*C.
Right rear quarter panel/bed slide
*D.
Left rear quarter panel/bed slide
E.
Hood
F.
Right front door
G.
Right rear door
H.
Left front door
I.
Left rear door
J.
Hatchback/deck lid/tailgate/trunk lid
K.
Right T-top
L.
Left T-top
M.
Moon roof/sunroof/astro body
N.
Front end assembly (headlights – fenders − hood)
O.
Front clip (FEA – with cowl attached)
P.
Rear clip (quarter panels – fenders – floor – top)
Q.
Clip cab (roof – back panel − floor)
R.
Cab (clip cab – with cowl)
*S.
Bed
T.
Frame
U.
Engine
*V.
Transmission
W.
Cowl
X.
Transmission (Second Division)
Y.
Aluminum wheels
Z.
Chassis/shell/hulk
SEATS
RADIOS
MOTORCYCLES
AA.
Front seat
AG.
Cassette/compact disc
*AP.
Faring
AB.
Rear seat
AH.
Cassette radio
*AQ.
Fuel tanks
AC.
Left front seat
AI.
Compact disc changer
*AR.
Fork
AD.
Right front seat
AJ.
Compact disc player
AE.
Left rear seat
AK.
Compact disc radio
AF.
Right rear seat
AL.
Stereo radio (AM/FM)
*AM.
Front bumper (NHTSA veh)
*AN.
Rear bumper (NHTSA veh)
*Not considered essential parts, may be inspected as part of the Salvage Vehicle Inspection Program.
**History**
- *Source: Added at 32 Ill. Reg. 17253, effective October 15, 2008*
##### **92 Ill. Adm. Code 1010.APPENDIX** D Specialty License Plates Request Form {#sec-1010.appendix omnilex-key=us-il-regs-official--title-92--1010.APPENDIX}
**History**
- *Source: Added at 32 Ill. Reg. 17253, effective October 15, 2008*
##### **92 Ill. Adm. Code 1010.APPENDIX** E Acceptable Identification and Residency Documents – Title and Registration Transactions {#sec-1010.appendix omnilex-key=us-il-regs-official--title-92--1010.APPENDIX}
a) Identification. Any vehicle-related transaction that alters or creates a vehicle record or any portion of a vehicle record must be accompanied by at least one form of government-issued photo identification as follows:
1) Driver's License or Identification Card issued by an agency of the U.S. government;
2) Illinois Driver's License (current or expired less than one year);
3) Illinois Identification Card (current or expired less than one year);
4) Out-of-State Driver's License or Identification Card (current);
5) Passport (valid U.S. or foreign) or Matricula;
6) Temporary Driver's License, Commercial Learner's Permit, or Identification Card;
7) U.S. Citizenship and Immigration Services (USCIS) Forms:
A) I-551 (Permanent Resident Card);
B) I-571 (Refugee Travel Document);
C) I-766 (Employment Authorization Card); and
D) I-94 (Arrival/Departure Record) with Valid Passport;
8) U.S. Department of State Travel Letter (Refugees);
9) U.S. Military Driver's License or Identification Card;
10) U.S. Visa; or
11) Any other acceptable form of identification in the discretion of the Secretary of State.
b) Residency. Any vehicle-related transaction requiring proof of address must be accompanied by one document containing the applicant's full name and full residential address as follows. If the transaction specifically requires proof of Illinois residency, such documentation shall only be acceptable to that extent:
1) Any item listed in subsection (a) that contains the applicant's full name and full residential address is acceptable as proof of residency;
2) Bank Statement (dated within 90 days prior to application);
3) Cancelled Check (dated within 90 days prior to application);
4) Certified Grade/High School/College/University Transcript;
5) Credit Report issued by a credit reporting bureau − dated within 12 months prior to application;
6) Deed/Title, Mortgage, Rental/Lease Agreement;
7) Insurance Policy (Homeowner's or Renter's);
8) Letter on Official School Letterhead − dated within 90 days prior to application;
9) Medical claim or statement of benefits from private insurance company or public (government) agency, dated within 90 days prior to application;
10) Official mail received from a state, county, city or village, or a federal governmental agency that includes first and last name of the applicant and complete current address. This may include, but is not limited to:
A) Homestead Exemption Receipt;
B) Jury Duty Notice issued within 90 days prior to application;
C) Selective Service Card;
D) Social Security Annual Statement;
E) Social Security Disability Insurance (SSDI) Statement; and
F) Supplemental Security Income (SSI) Benefits Statement;
11) Voter Registration Card;
12) Pay Stub or Electronic Deposit Receipt;
13) Pension or Retirement Statement;
14) Phone book currently produced by a phone book publisher;
15) Report Card from Elementary, Middle or Secondary School, or College/University;
16) Tuition invoice or other official mail from a college or university dated within the 12 months prior to application; or
17) Utility Bill − electric, water, refuse, telephone (land or cell), cable or gas, issued within 90 days prior to application;
c) Unacceptable Documentation. Unacceptable identification documents include, but are not limited to:
1) Bond Receipt or Bail/Bond Card;
2) Business Cards;
3) Check Cashing Cards;
4) Club or Fraternal Membership Cards;
5) College or University Identification Cards;
6) Commercially Produced (non-State or unofficial) ID Cards;
7) DHS (Department of Human Services) Cards or documents issued by DHS;
8) Fishing License;
9) HFS (Healthcare and Family Services) Cards;
10) Handwritten ID or Employment Cards;
11) Hunting License;
12) Illinois Concealed Carry Card ;
13) Illinois FOID Card;
14) Instruction Permit/Receipts;
15) Insurance Card;
16) Library Card;
17) Personal Mail;
18) Traffic Citation (Arrest Ticket);
19) Video Club Membership Cards;
20) Wallet IDs; and
21) Unlicensed Financial Institution Loan Papers.
**History**
- *Source: Added at 50 Ill. Reg. 3508, effective February 11, 2026*
## **Chapter II** Secretary of State
### **Part 1019** Remittance Agents
##### **92 Ill. Adm. Code 1019.5** Definitions {#sec-1019.5 omnilex-key=us-il-regs-official--title-92--1019.5}
a) For purposes of this Part, the following definitions shall apply:
"Applicant" – person requesting that a title and/or registration be issued in his/her name.
"Dealer" – every person engaged in the business of acquiring or disposing of vehicles or their essential parts and who has an established place of business for such purpose. [625 ILCS 5/1-115]
"Department" – Department of Vehicle Services within the Office of the Secretary of State.
"Financially Sound" – solvent and able to pay expenses and debts as due, as evidenced by the surety bond obtained pursuant to Section 3-905 of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-905).
"Fraudulent Activity" – any activity in which a person knowingly falsifies information.
"Good Business Integrity" – soundness or good moral principle and character in business dealings as evidenced by the surety bond obtained pursuant to Section 3-905 of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code (Ill. Rev. Stat. 1987, ch. 95½, par. 3-905), or good moral principle and character in business dealings.
"Immediate Family" – spouse, offspring, sibling, or parent.
"Licensee" – a licensed remittance agent.
"Revocation" – the termination by formal action of a person's license to operate as a remittance agent.
"Secretary" – Secretary of the State of Illinois.
"Suspension" – the temporary withdrawal by formal action by the Secretary of a person's license to operate as a remittance agent for thirty (30) days pending compliance and re-audit.
"Transaction" – an application for title and/or registration of a vehicle, any supporting documents and fees for remittance to the Department.
**History**
- *Source: Amended at 42 Ill. Reg. 223, effective December 19, 2017*
##### **92 Ill. Adm. Code 1019.10** Application for Remittance Agency License and Renewal {#sec-1019.10 omnilex-key=us-il-regs-official--title-92--1019.10}
a) If a person wishes to become a remittance agent, he/she shall file an application and bond pursuant to Sections 3-904 and 3-905 of the Illinois Vehicle Code [625 ILCS 5] (IVC). The application shall be filed with the Office of the Secretary of State as set forth in subsection (f).
b) The notarized application shall contain the following information:
1) the previous year's license number if the person is currently licensed as a remittance agent;
2) the name of the business;
3) the location of the business. A licensee shall not do business at a location not set forth in his or her license. (IVC Section 3-908) The location of the business shall also include a working printer and facsimile capabilities;
4) the applicant's home address, home telephone number and business telephone number;
5) the applicant's business, occupation or profession;
6) the total amount of cash, checks, electronic payments or money orders made payable to the remitter received for remittance to the State in the highest 15 day period in the preceding year if the person is currently licensed;
7) whether the applicant, a member of his/her immediate family, or any employee of the applicant is an employee of the Secretary of State;
8) whether the applicant has ever been involved in civil or criminal litigation and if so, the type of litigation, the date and suit or charge, the court in which the matter was heard, the style or caption of the case, the disposition of the matter, and if the judgment has been satisfied;
9) whether a civil, criminal, or administrative proceeding under the Retailers' Occupation Tax Act [35 ILCS 120] or IVC Chapter 3, Article I or VII has determined that the applicant has committed a violation within the past 3 years; and
10) a list of the employees and an authorization to conduct a background check of each employee.
c) A surety bond shall be posted for each location where the applicant intends to do business as a remittance agent. Each bond shall be for $20,000 or in the amount of cash, checks, electronic payments or money orders made payable to the remitter received for remittance to the Department during the highest 15 day period in the year preceding the year for which the license is applied, whichever is greater. The bond shall be issued by a bonding or insurance company authorized to do business in Illinois. The Department shall use a list issued by the Department of Insurance to determine if the bonding or insurance company is authorized to issue the bond.
d) The applicant shall also submit the statutory fee provided in IVC Section 3-905 for application. A license is issued for a period of one year terminating on December 31 each year.
e) A remittance agent wishing to renew his/her license shall submit the material required by this Section to the Department between September 1 and December 31 of the year before the new license will become effective.
f) All remittance agent license applications and corresponding materials should be submitted to:
Office of the Secretary of State
Vehicle Services Department
Howlett Building, Room 069
Springfield, Illinois 62756
g) The Department will make available the application form to any person who requests one. Only the Department's form will be accepted to apply for a license to operate as a remittance agent.
**History**
- *Source: Amended at 43 Ill. Reg. 6231, effective May 9, 2019*
##### **92 Ill. Adm. Code 1019.20** Denial of Application for Remittance Agent's License {#sec-1019.20 omnilex-key=us-il-regs-official--title-92--1019.20}
a) Pursuant to IVC Section 3-906, the Department shall deny an application for remittance agent's licenses under the circumstances outlined in IVC Section 3-906. If a person's application is denied, he/she shall be sent his/her application and a notice of the denial by certified mail within 30 days after the date the application was submitted. The notice shall contain the reason for the denial and inform the applicant of his opportunity to request an administrative hearing to contest the denial pursuant to 92 Ill. Adm. Code 1001.
b) Renewal of a remittance agent's license shall be denied if upon investigation it is discovered that the remittance agent is not financially sound and/or of good business integrity or is otherwise ineligible for a license as provided in IVC Section 3-906. Auditors from the Department of Accounting Revenue within the Office of the Secretary of State shall conduct yearly inspections which includes but are not limited to examination of the temporary permits and the bond amounts. The auditors shall also be authorized by the Department to inspect the remittance agent's business records and to report any irregularities (e.g., failure to keep records as required by IVC Section 3-910) to the Department. Any further investigation shall be conducted by the Department of Police within the Office of the Secretary of State.
c) The Department shall consider written complaints (i.e., from family, friends, neighbors, business associates, customers, other agencies, and the auditors from the Department of Accounting Revenue or Department of Police) in denying a remittance agent's license. Upon receipt of a complaint, the Secretary of State police shall investigate the matter. If, upon this investigation, it is discovered that a basis for denial exists pursuant to IVC Section 3-906, the remittance agent's current license shall be suspended or revoked as provided in Section 1019.30 if he/she is currently licensed as a remittance agent.
**History**
- *Source: Amended at 43 Ill. Reg. 6231, effective May 9, 2019*
##### **92 Ill. Adm. Code 1019.30** Suspension and Revocation of Remittance Agents' Licenses {#sec-1019.30 omnilex-key=us-il-regs-official--title-92--1019.30}
a) Pursuant to IVC Section 3-907, the Department shall suspend a person's remittance agent's license under the following circumstances:
1) he/she fails to keep records as provided in IVC Section 3-910;
2) he/she fails to furnish information requested by the Department or file a bond as required by IVC Section 3-905; or
3) it is discovered that he/she or a member of his/her immediate family is an employee of the Secretary of State.
b) The suspension shall remain in effect for 30 days during which an audit shall be conducted to determine compliance with IVC Section 3-900. If he/she has come into compliance, his/her remittance agent's license shall be restored. If the remittance agent has not come into compliance, he/she shall have his/her remittance agent privileges revoked.
c) A person shall have his/her remittance agent's license revoked under the following circumstances:
1) he/she attempts to do business or does business as a remittance agent while his/her privileges are suspended;
2) he/she fails to remit to the Department or the Illinois Department of Revenue the proper fees required by IVC Section 3-906(4), or the check submitted is returned by the bank because of insufficient funds, or the payment submitted electronically is dishonored for any reason, and if he/she fails to submit the proper fees within 10 days after a written request by the Department;
3) he/she engages in a fraudulent activity or forgery while operating as a remittance agent, as determined by the Department after the investigation;
4) he/she is guilty of violating any provision of IVC Chapter 2, 3 or 4 or the Use Tax Act [35 ILCS 105] or the Service Occupation Tax Act [35 ILCS 115];
5) he/she has been suspended 2 times or more in one year; or
6) he/she has been convicted of any felony.
d) The Department shall consider written complaints (i.e., family, friends, neighbors, business associates, customers, other agencies, and auditors from the Department of Accounting Revenue) in determining whether a remittance agent's license shall be suspended or revoked. Upon receipt of a complaint, the Department of Police within the Office of the Secretary of State shall investigate the matter to determine if a basis exists under this Section for a suspension or revocation.
e) A revocation shall be for at least one year. The remittance agent shall be notified by certified mail that his/her license to operate as a remittance agent is going to be revoked. The notice shall contain the effective date of the revocation, the violation that is the cause of the revocation, and how he/she can contest the revocation. The remittance agent shall be given 10 days from the date of the notice before the revocation will become effective. In order to be reinstated following a revocation, the person shall request an administrative hearing as provided in 92 Ill. Adm. Code Ch. II. The person's remittance agent license shall not be restored until the Secretary is satisfied that he/she will comply with the provisions of the Illinois Vehicle Title & Registration Law [625 ILCS 5/Ch. 3, Art. IX] and is of good business integrity.
f) If a person wishes to contest the suspension or revocation of his/her remittance agent's license, he/she shall request an administrative hearing pursuant to IVC Section 3-907 and 92 Ill. Adm. Code 1001.
**History**
- *Source: Amended at 43 Ill. Reg. 6231, effective May 9, 2019*
##### **92 Ill. Adm. Code 1019.35** Processing Transactions {#sec-1019.35 omnilex-key=us-il-regs-official--title-92--1019.35}
a) Beginning September 1, 2020, all applications for title, registration, or title and registration submitted to the Department by persons acting as remittance agents shall be submitted by an electronic registration and titling process, via either an approved electronic registration and titling service provider or through the Secretary of State's website.
b) All transactions shall be electronically submitted to the Department within 5 days after receipt by the remittance agent. All supporting documentation is required and must be submitted within 20 calendar days after the submission of the electronic application. Failure to comply with this Section shall be grounds for suspension or revocation of the remittance agent's license, based upon the severity of the violation.
c) Any person who picks up or receives transactions from other remittance agents, dealers, currency exchanges, financial institutions or any other person exempt from being licensed as a remittance agent under IVC Section 3-902 shall be considered a remittance agent under provisions of IVC chapter 3, Article IX and required to be licensed in accordance with this Part.
d) The names of all employees of the remittance agent shall appear on the remittance agent's license application. Those employees shall be issued I.D. cards and be required to present their I.D. when attempting to process transactions. . The Department shall be notified in writing of any changes in personnel, business location, and/or the business name during the licensing year within 10 calendar days of the occurrence after the change.
e) No remittance agent shall employ any individual, or any member of that individual's immediate family, who is employed by the Office of the Secretary of State. This prohibition shall not apply to persons employed by a remittance agent prior to April 10, 1983.
f) All electronically submitted applications must include the remittance agent's assigned number in the designated position on the form. Any other remittance agent involved in the transaction shall stamp his/her remittance agent number in the remarks section on the front of the application.
g) The fee submitted to the Department shall be affixed to the supporting documentation required by subsection (b). Failure of the remittance agent to affix the check, electronic payment, or money order to the proper application shall result in the rejection of the transaction.
**History**
- *Source: Amended at 45 Ill. Reg. 727, effective December 23, 2020*
##### **92 Ill. Adm. Code 1019.40** Recordkeeping Requirements {#sec-1019.40 omnilex-key=us-il-regs-official--title-92--1019.40}
a) Each person licensed as a remittance agent as defined in IVC Section 3-900 shall maintain for a period of 3 years a record of each transaction involving a remittance to the Department.
b) The records shall be maintained in ledger form or be computerized. If computerized, the records should be available to the auditors from the Accounting Revenue Department or the officers from the Department of Police within 30 minutes after a request. The records shall contain the following information:
1) The name and address of the remittance agent. If the remittance agent has more than one licensed location, the records shall reflect the location where the transaction was received and/or processed, or where the records are kept.
2) The name and address of the applicant submitting the transaction. If a remittance agent does not make the initial contact with the applicant but receives a transaction from another remittance agent, dealer, currency exchange, or financial institution, the second remittance agent shall record the original applicant's name and that of the initiating remittance agent, dealer, currency exchange, or financial institution.
3) The address of the Secretary of State facility to which the transaction is delivered. If the transaction is delivered to another remittance agent for delivery to the Department, the name and address of the second remittance agent shall be recorded by the first remittance agent.
4) The type of application that the transaction involves.
5) The amount of fee received by the remittance agent for delivery to the Department for each transaction. The funds shall be identified as "cash", "check", "electronic payment" or "money order" payable to the Secretary of State, or "check", "electronic payment" or "money order" payable to the remitter.
6) The initiating remittance agent shall record the amount of fee received by the remittance agent for delivery to the Department of Revenue. The funds shall be identified as "cash", "check", "electronic payment", or "money order" payable to the Department of Revenue, or "check", "electronic payment", or "money order" payable to the remitter.
7) The date the fee and transaction were received by the remittance agent.
8) The date the fee and transaction were delivered to the Department and the method of delivery.
9) The date that the registration plate and/or sticker was delivered to the applicant or initiating remittance agent, dealer, currency exchange or financial institution, if applicable. If it is the policy of the remittance agent to have the applicant pick up the registration plate and/or sticker, the date that the applicant was notified of its availability, the method of notification, and date the items were picked up shall be recorded.
**History**
- *Source: Amended at 42 Ill. Reg. 223, effective December 19, 2017*
##### **92 Ill. Adm. Code 1019.45** Severability Clause {#sec-1019.45 omnilex-key=us-il-regs-official--title-92--1019.45}
If any clause or Section of this Part or the application of any provision of this Part to any person or circumstance is rendered unconstitutional, the remainder of this Part or its application to other persons and circumstances shall not be affected. Each clause shall be severable without rendering the rest of the Part invalid. Likewise, each application of the Part shall be severable without rendering future applications invalid.
### **Part 1020** Dealers, Wreckers, Transporters and Rebuilders
##### **92 Ill. Adm. Code 1020.10** Dealers Established Place of Business {#sec-1020.10 omnilex-key=us-il-regs-official--title-92--1020.10}
a) Each person or entity seeking to be or already duly licensed as a new or used vehicle dealer under the Illinois Vehicle Code (IVC) [625 ILCS 5] shall maintain an established place of business that shall, in addition to those requirements in IVC Section 5-100, meet the following requirements:
1) Have office facilities in a building for maintaining and keeping books and records as are required. The office facilities shall be permanently mounted on a fixed foundation and may not include a trailer with axle attached and still moveable. It may include, however, a house trailer in a licensed mobile home park or dealership lot with tires removed and utilities attached.
2) Be properly and permanently equipped with the necessary office equipment and machines and documents and papers adequate to properly conduct business as a dealer and must be within a permanent building or structure as required in subsection (a)(1).
3) Be equipped with an operating telephone for inbound and outbound calls, have the business telephone number published in the telephone directory generally available in the dealership area, and be adequately equipped with operating electricity and adequate lighting.
4) Have the name of the dealership posted on the front entrance door.
5) Have posted on the front entrance door a sign setting forth the days and regular, reasonable hours when open for business. A dealership shall not be deemed as being open for business unless at least one employee, who is able to conduct regular business, is on the premises and available to the public. The dealership must be operated consistent with general dealer practices. The dealership must be open for business at least 5 days out of each 7 days in a week, and a minimum of 4 consecutive hours per day. However, dealers who operate their dealerships less than 12 months shall state in the license application those months in which the dealership is closed and shall not be required to maintain regular business hours during the period of closure. The months of closure shall also be posted in a prominent place for the public to see in the dealership office.
6) Maintain a lot (the area not occupied by a building) that shall be surfaced with rock or better surface material, and that shall be properly illuminated, if open after sundown, so that vehicles for sale can be properly inspected by any prospective customer.
A) The lot used for sale of vehicles shall be separate and apart from any other business. In addition, if a dealer is selling both new and used cars, the new cars shall be parked separately and apart from used cars.
B) The lot requirement described in this subsection (a)(6) shall not be applicable if the place of business has an indoor showroom, properly illuminated, for the display of vehicles held for sale.
C) The separate lot requirement specified in subsection (a)(6)(A) shall not prohibit the operation by the dealer of other businesses on the same premises, which shall include the lot, provided that the businesses are reasonably related to the sale or operation of new or used automobiles, if the sale of new or used automobiles constitutes at least 50% of the gross revenues of the license holder. Businesses reasonably related to the sale or operation of new or used automobiles shall include only the sale of automobile parts and accessories, the sale of gasoline, diesel fuel, oil and lubricant, the sale of automobile tires, the leasing of automobiles, the insuring automobiles, and the financing of automobiles sold by the licensed dealers engaged in these businesses. Licensed dealers engaged in operating businesses other than those stated in this subsection (a)(6)(C) shall remove unauthorized businesses or modify them to comply with this Section within 60 days after notification by the Secretary of State or be subject to the revocation or suspension of their dealer's license.
7) Dealership in a Department Store − When a dealer maintains a place of business within a department store, the dealership shall be separated from other operations of the department store.
8) Sign – Display a permanent sign bearing the name of the dealership, which shall be properly illuminated if open after sundown and which shall be visible from the highway, as defined at IVC Section 1-126, leading to the established place of business.
9) Display a federally required pricing document on all new motor vehicles held for sale.
10) If the premises are leased, the lease must be for at least the duration of the current licensed period.
b) Supplemental Lots
An Illinois licensed dealer may operate as an additional place of business, a permanent supplemental lot that meets all the requirements of subsection (a), except the records required to be kept shall be maintained at the principal place of business of the dealership, as defined by IVC Section 1-164, unless the supplemental lot is more than one mile from the main dealership. The one mile shall be measured by the most direct road between the dealership and the supplemental lot.
1) A licensed dealer shall apply for the supplemental lot authorization when filing the application required by IVC Section 5-101 or 5-102 or filing an application to add a supplemental lot during the license period.
2) The licensed dealer shall pay the fee for a license to operate a supplemental lot as provided in IVC Sections 5-101(b)(7) and 5-102(b)(5).
3) No vehicle sales at supplemental lots shall be allowed on Sundays except as provided for in IVC Section 5-106.
c) Trade Show Exhibition, Display Exhibition and Off-site Sale
A licensed dealer may operate an additional place of business at an exhibition area in a trade show exhibition, display exhibition or off-site sale, provided:
1) The trade show exhibition, display exhibition, or off-site sale must be conducted separately and away from the licensed dealer's established and additional places of business.
2) The licensed dealer has a currently valid new or used vehicle dealer's license issued by the Secretary of State of Illinois or another state where applicable.
3) The applicant dealer meets the requirements of subsection (c)(7), (8) or (9).
4) No permit granted for an additional location in a trade show exhibition, display exhibition or off-site sale may be transferred or removed to another location.
5) Regardless of the dates of the trade show exhibition, display exhibition, or off-site sale, no vehicle sales will be allowed on Sunday except as provided for in IVC Section 5-106.
6) The licensed dealer has provided the Secretary of State with a copy of:
A) the written contract with the agency, person, or other entity sponsoring, creating, or supervising the trade show exhibition, display exhibition, or off-site sale; and
B) an application for the trade show exhibition, display exhibition, or off-site sale permit:
i) containing the name of the dealership, its license number, the location, and dates of the trade show exhibition, display exhibition, or off-site sale; and
ii) containing the signature of the licensed dealer.
7) Trade Show Exhibitions
A) A permit for an additional location granted for a trade show exhibition shall in no event be valid for more than 30 days from the date of the first day of the trade show exhibition for which it is granted.
B) The fee for a permit to operate in a trade show exhibition shall be $10.00 per permit.
C) No vehicles may be offered for sale.
D) Each trade show exhibition must have a minimum of three licensed participants, at least two of whom must be licensed under IVC Section 5-101 or 5-102, who all meet the requirements in subsections (c)(1) through (6).
E) A trade show exhibition of new vehicles shall only have participants licensed as new vehicle dealers, at least two of whom must be licensed under IVC Section 5-101 and meet the requirements in subsections (c)(1) through (6).
8) Display Exhibitions
A) Only a new or used vehicle dealer licensed under IVC Section 5-101 or 5-102, who also meets the requirements of subsections (c)(1) through (6), may participate in a display exhibition.
B) A permit for an additional location granted for a display exhibition shall in no event be valid for more than 30 days from the date of the first day of the display exhibition for which it is granted.
C) The fee for a permit to operate in a display exhibition shall be $10.00 per permit.
D) No vehicles may be offered for sale.
9) Off-Site Sales
A) Only a dealer licensed under IVC Section 5-101 or 5-102, who also meets the requirements of subsections (c)(1) through (6), may conduct an off-site sale.
B) The off-site sale must not be conducted out of the licensed dealer's relevant market area, as defined in IVC Section 5-100. This does not apply to off-site sales of motor homes or recreational vehicles.
C) A permit for an additional location granted for an off-site sale shall in no event be valid for more than 7 days from the date of the first day of the off-site sale for which it is granted.
D) The fee for a permit to operate an off-site sale shall be $25 per permit.
d) Each person seeking to be or already duly licensed as a scrap processor, automotive parts recycler, rebuilder, repairer or out-of-state salvage buyer under the IVC shall maintain an established place of business that meets the requirements of subsection (a), except that no lot as set forth in subsection (a)(6) is required. However, the separate lot requirement specified in subsection (a)(6)(A) shall apply to the extent that the lot shall be separate and apart from any other business and, if open after sundown, the premises shall be adequately illuminated so that prospective purchasers may inspect the items held for sale.
e) Each person seeking to be or already duly registered as a transporter with the Illinois Commerce Commission shall, as a condition to issuance and use of in-transit plates, maintain an established place of business that meets the requirements of subsection (a), except that no lot as set forth in subsection (a)(6) is required. However:
1) the separate lot requirement specified in subsection (a)(6)(A) shall apply to the extent that the lot shall be separate and apart from any other business; and
2) if open after sundown, the premises shall be adequately illuminated to allow for inspection of the premises or items thereon.
f) In lieu of a criminal complaint, the Secretary of State Department of Police may issue an administrative citation to a party licensed under IVC Chapter 5 for any violation of the IVC or any administrative rule adopted by the Secretary under the IVC. If an administrative citation is issued, then a minimum of 3 separate violations must be present at the time of the investigation or inspection and any violations shall result in a $50 penalty per violation. Any party that receives an administrative citation that results in a monetary penalty may either pay the penalty or contest the administrative citation through the Secretary's administrative hearing process (see 92 Ill. Adm. Code 1000.Subpart A). If a licensee agrees to pay the administrative citation, the licensee no longer has the ability to contest the administrative citation through the administrative hearing process. If a licensee pays the penalty as a result of an administrative citation but receives subsequent administrative citations pursuant to a subsequent investigation or inspection, and the licensee disputes the subsequent administrative citations through the administrative hearing process, the Secretary may use any previous administrative citations as evidence to establish a pattern or habit of violations. A licensee shall have 90 calendar days after receiving the administrative citation to either pay the penalty or file a request for an administrative hearing. Failure to either pay the administrative citation or file a timely request for an administrative hearing may result in the denial of a license renewal until the penalty is paid in full or an administrative hearing is scheduled to adjudicate the contested administrative citations.
g) None of the requirements of this Section shall apply to the place of business of a vehicle auctioneer licensed under IVC Chapter 5, Article VII.
**History**
- *Source: Amended at 49 Ill. Reg. 4090, effective March 20, 2025*
##### **92 Ill. Adm. Code 1020.15** Buy Here, Pay Here Dealers {#sec-1020.15 omnilex-key=us-il-regs-official--title-92--1020.15}
a) For the purposes of this Section, a Buy Here, Pay Here used vehicle dealer (BHPH) means any entity that engages in the business of selling or leasing of vehicles and finances the sale or purchase price of the vehicle to a customer without the customer using a third-party lender (IVC Sec. 5-102.8(a)). This is done by using a financial institution in which the BHPH has an ownership stake. By contrast, the third-party lenders used by non-BHPH dealers licensed under the IVC are not legally or financially associated with the BHPH.
b) A BHPH shall only be required to acquire one license under IVC Section 5-102.8, which would permit the BHPH to sell and/or lease 5 or more used vehicles per year.
c) A BHPH may have a separate legal entity, in which the owner of the dealership has an interest, that provides financing solely for customers of the BHPH. A BHPH may sell a vehicle for cash or by other traditional financing methods. However, the promotion, advertisement, solicitation, and general engagement in the sales transactions performed by the BHPH and its associated financing entity must reflect that the customer may purchase the vehicle on a payment plan basis, within a specified period of time, from the associated financing entity in which the BHPH has a financial stake.
d) Each BHPH is required to submit the appropriate certificate of title and registration fees and taxes to the Secretary of State (SOS) and the Department of Revenue, respectively, for each sales or lease transaction, with the application for certificate of title and registration reflecting the date of purchase the customer agreed to the terms of the sale or lease and took possession of the vehicle, regardless of how the sale was financed or the vehicle was transferred to the customer.
e) Beginning January 1, 2020, all BHPH must electronically submit titling and registration applications to SOS, either through an ERT program or online through the SOS website: cyberdriveillinois.com/departments/vehicles/title_
and_registration/pert.html.
**History**
- *Source: Added at 44 Ill. Reg. 2037, effective December 31, 2019*
##### **92 Ill. Adm. Code 1020.20** Required Records for Automotive Parts Recyclers Rebuilders, New Vehicle Dealers, Used Vehicle Dealers, Repairers, Transporters, and Out-of-State Salvage Vehicle Buyers {#sec-1020.20 omnilex-key=us-il-regs-official--title-92--1020.20}
Each person or firm licensed pursuant to Sections 5-301 (excluding Scrap Processors), 5-302, 5-101, 5-102, or 5-201 of the Illinois Vehicle Title and Registration Law (the Act) of the Illinois Vehicle Code is required to maintain for a period of three years subsequent to the acquisition, disposal, wrecking, rebuilding or junking of vehicles or essential parts thereof, a uniform record of such transactions at the principal place of business. Such records shall be kept in a bound ledger or electronic data processing system (Police Book). The "Police Book" shall be double-entry reflecting the required information at the time of acquisition and at the time of disposal. The required information shall be, but without limitation, as required hereunder, as applicable.
a) Upon the purchase, receipt, or acquisition or disposal of vehicles, essential parts pursuant to Section 1-118 of the Illinois Vehicle Code (IVC) the following information must be recorded from the records kept on file at the licensee's established place of business in a legible form. A separate record shall be kept for each vehicle or essential part and shall be open to inspection at any reasonable hour as allowed by Section 5-403(4) of the IVC by any authorized representative of the Secretary of State or any peace officer:
1) The name, address, and verification of same, of the person from whom the vehicle or essential part was acquired. If that person is a dealer, the Illinois or out-of-state dealer license number of such person shall be recorded. Verification shall be by an Illinois driver's license, and one other type of identification;
2) The date and type of acquisition or disposal (i.e., sale, exchange, etc.);
3) A description of the vehicle or essential part, including:
A) The year, make, model, style and color of the vehicle or essential part;
B) The manufacturer's identification number, the Secretary of State's or the Illinois State Police's identification number, or if applicable, the derivative or essential part assigned number;
C) The year, make, model and manufacturer's identification number of the vehicle from which the essential part was removed;
4) Documentary proof of ownership consisting of the following documents:
A) Uniform Invoices;
B) Certificates of title, salvage certificates, junking certificates;
C) Receipts or bills of sale; or,
D) Other acceptable documentary evidence of right of possession;
5) The signature of the person making the inspection of a used vehicle as required under subsection (d), if applicable;
6) The name and address of the person to whom any vehicle or essential part was disposed, and if that person is a dealer, the Illinois or out-of-state dealer license number of that dealer;
7) The uniform invoice number reflecting the disposition of the vehicle or essential part;
8) A record of every vehicle transported by a transporter licensed under Section 5-201 of the Act, including numbers of or other marks of identification thereof, the names and addresses of persons from whom and to whom the vehicle was delivered, and the dates of delivery, if applicable; and
9) A record of the in-transit plate and the vehicle that each plate was placed upon for purposes of being transported by a transporter licensed under Section 5-201 of the Act, if applicable.
b) It shall be the responsibility of every licensee hereunder to inspect every vehicle or essential part acquired. If there is any evidence that any serial number thereon has been removed, altered, defaced or destroyed, the licensee shall notify the Secretary of State.
c) Licensees who do not maintain electronic data processing record-keeping systems shall maintain, for three years, the information required to be recorded by Section 5-401.2 of the Act in separate bound ledger books of a double entry type to be titled as follows:
1) New Vehicle;
2) Used Vehicle;
3) Essential Parts;
4) Rebuilt Vehicles;
5) Junked Vehicles; and
6) Transported Vehicles.
d) Licensees who maintain their records in an electronic data recordkeeping system shall maintain, for three years, the information required to be recorded by Section 5-401.2 of the Act which must be accessible for inspection by the vehicle identification number either directly or indirectly through the association of the vehicle identification number with another identification number:
1) All electronic records must be retrievable during the inspection; and
2) There shall be an employee of the licensee available to retrieve the records during the hours of operation of the business.
e) Separate records for each vehicle or essential part shall be kept. Such records shall be clearly legible and open for inspection at any reasonable time by any authorized representative of the Secretary of State or any peace officer. The Secretary of State may prescribe forms for the maintenance of such records.
f) Any person or firm who violates or fails to comply with the provisions of this Part may have the license denied, revoked or suspended in accordance with Section 5-501 of the Act. Hearings to contest such action shall be held in accordance with Section 2-118 of the Illinois Vehicle and Registration Law of the IVC as amended and 92 Ill. Adm. Code 1001. Subpart A.
**History**
- *Source: Amended at 49 Ill. Reg. 4090, effective March 20, 2025*
##### **92 Ill. Adm. Code 1020.30** Records Required Upon Removal of Dash Assemblies with Vehicle Identification Number Plate Attached {#sec-1020.30 omnilex-key=us-il-regs-official--title-92--1020.30}
To avoid committing a violation of 625 ILCS 5/4-103(a)(2), (a)(4) or (a)(5), the licensee shall:
a) obtain a Junking Certificate in their name prior to beginning the dismantling process.
b) mark each essential part with the full vehicle identification number.
c) upon selling the dash assembly and other essential parts from the vehicle, provide the purchaser with a copy of the Junking Certificate and a bill of sale which is notated with the specific information required by 625 ILCS 5/5-402.1(b).
**History**
- *Source: Added at 20 Ill. Reg. 11356, effective August 1, 1996*
##### **92 Ill. Adm. Code 1020.40** Inspection of Licensees' Records and Premises {#sec-1020.40 omnilex-key=us-il-regs-official--title-92--1020.40}
Upon the inspection of the records and/or records and premises of any person licensed under the provisions of Chapter 5 of the Illinois Vehicle Code, the authorized representative of the Secretary of State or other peace officer making the inspection shall sign and date the police book or books inspected on the inside of the front cover and indicate his/her badge number and agency. The reason for the inspection shall be entered only if a court document was issued for the inspection (the document could be a search warrant, grand jury subpoena, etc.). Each inspection will require a report from the inspecting representative to his agency defining what was inspected. This report shall be retained one year by the originating agency.
**History**
- *Source: Added at 7 Ill. Reg. 5260, effective April 4, 1983*
##### **92 Ill. Adm. Code 1020.50** Consignment Sales by Dealers {#sec-1020.50 omnilex-key=us-il-regs-official--title-92--1020.50}
a) Definitions. For purposes of this Section, the following words shall have the following meanings:
"Consignment Agreement" is an agreement between the owner of a vehicle, known as the consignor, and a licensed vehicle dealer, known as the consignee, wherein the owner delivers physical possession of the vehicle to the dealer for the specific purpose of having the dealer sell the vehicle for the owner and also with the intent that if the vehicle is not sold by the dealer, it is to be returned to the owner.
"Letter of consignment" is the written document evidencing the consignment agreement between the vehicle owner and the dealer, which authorizes the dealer to have possession of the vehicle.
"Odometer reading" is the actual reading of the odometer of the vehicle at the time of the signing of the consignment agreement. This odometer reading shall not relieve the parties of complying with the federal odometer statement requirements found in 15 U.S.C. 1981 et seq., 1982, nor the separate and distinct Illinois odometer statements requirements found in Section 3-112.1 of the Illinois Vehicle Code (Ill. Rev. Stat. 1983, ch. 95½, par. 3-112.1).
"Ownership document" is a certificate of title, a salvage certificate, a junking certificate, or a similar document issued by the State of Illinos or another state, which evidences ownership according to the laws of the state of issuance.
b) Documents required. In any transaction whereby a dealer agrees to enter into a consignment agreement involving a vehicle which is required to be titled and licensed in this state, the dealer must secure and have in his possession the following documents:
1) a letter of consignment;
2) the proper ownership document as defined in paragraph (a) above; if that document is in the possession of a lienholder, then a photostatic copy of that document;
3) a power of attorney authorizing the dealer to assign the ownership document and also to apply for a duplicate ownership document should the original be lost, stolen, or mutilated.
c) Letter of consignment – contents. The letter of consignment shall contain the following information:
1) the year, make, model, color and odometer reading of the vehicle;
2) the vehicle identification number;
3) the type, number and state of issuance of the ownership document;
4) The names and addresses of all lienholders;
5) the name and address of the person in possession of the ownership document;
6) the date the vehicle was received by the dealer;
7) the owner's full name, address, phone number, and driver's license number. If the owner is a natural person and does not have a driver's license, then date of birth must be given;
8) the dealer's name, address and Illinois dealer's license number;
9) A heading that contains the word "CONSIGNMENT" all in capital letters at least one-eighth (⅛) of an inch in height;
10) the specific terms of the consignment as agreed to by the parties;
11) any other information the parties deem necessary;
12) The signature of the owner and the dealer or his authorized agent affirming that the information contained in the letter of consignment is true and is true and correct and that the ownership documents agree with a physical inspection of the vehicle.
d) Any transaction to which this Section applies must also be reflected in the records required to be kept by the dealer in accordance with Section 5-401 of the Illinois Vehicle Code (Ill. Rev. Stat. 1983, ch. 95½, par. 5-401).
e) Noncompliance with this Section shall be deemed a violation of Section 5-401(b) of the Illinois Vehicle Code (Ill. Rev. Stat. 1983, ch. 95½, par. 5-401(b)).
**History**
- *Source: Added at 8 Ill. Reg. 22884, effective November 16, 1984*
##### **92 Ill. Adm. Code 1020.70** Rebuilders Not to Engage in Retail Selling of Salvage or Rebuilt Vehicles {#sec-1020.70 omnilex-key=us-il-regs-official--title-92--1020.70}
Rebuilders licensed under Section 5-301 of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code shall not engage in the retail selling of salvage or rebuilt vehicles at the rebuilder's established place of business unless they are licensed as a new car dealer or used car dealer as provided in Sections 5-101 or 5-102 of the Illinois Vehicle Title & Registration Law of the Illinois Vehicle Code. Nothing herein shall prohibit a rebuilder from selling four or less used vehicles at any location other than the established place of business.
**History**
- *Source: Added at 14 Ill. Reg. 8704, effective June 1, 1990*
##### **92 Ill. Adm. Code 1020.80** Inspection of Rebuilt Vehicles {#sec-1020.80 omnilex-key=us-il-regs-official--title-92--1020.80}
a) Persons requesting an appointment with the Secretary of State Department of Police for the inspection of a rebuilt salvage vehicle will be given the name and address of the nearest safety lanes.
b) In addition to the requirements of Sections 3-303 and 3-304 of the Illinois Vehicle Code, the following documents shall be submitted:
1) A properly assigned Illinois Salvage Certificate, a foreign salvage title/certificate capable of being registered in Illinois, or a letter from the Administrator of the Secretary of State Vehicle Title Division authorizing the inspection of non-licensed applicants.
2) A completed title application for a rebuilt vehicle with the licensed rebuilder's name exactly as it appears on the certificate of authority.
3) Affirmation form RT-11.13 (or any subsequent form issued by the Secretary of State which fulfills the same purpose) completed with the name exactly as it appears on the certificate of authority. The affirmation shall include:
A) A list of all used essential parts identified by vehicle identification number and from whom the parts were acquired;
B) A list of all new parts identified by bill of sale or invoice; and
C) The signature of the applicant and/or the licensed rebuilder.
4) Proof of Ownership documents of essential parts, including, but not limited to:
A) invoices, bills of sale, Uniform Invoice for Essential Parts forms (rebuilders may duplicate forms provided by the Secretary of State), junking certificates or other ownership documents which are notated with the year, make, and vehicle identification number on the documents for all used essential parts;
B) invoices for new essential parts which were used in the rebuilding of the salvage vehicle; and
C) a copy of the work order for the reclaimable part and the receipt for the replacement part which was installed on the vehicle described on the work order. For purposes of this Section, a "reclaimable" part is a damaged part which has been removed from a vehicle undergoing repair by a licensee which can be re-used, repaired for re-use or salvaged, e.g., fender that was removed and repaired or salvaged, then installed on a rebuilt vehicle.
c) The person bringing the vehicle to the inspection station shall be required to:
1) show proof of a valid Illinois registration for the vehicle (dealer plates or a 72 hour permit);
2) display a valid driver's license to the SVIS Investigator who will check through LEADS/NCIC/CRT to verify its validity. If suspended or revoked, the licensee will be required to provide a driver with a valid license;
3) open the trunk or hood, as required, to provide accessibility to identification numbers; and
4) leave the inspection area during the physical inspection of the vehicle.
d) A request for the inspection of a salvage vehicle will be denied if:
1) there is improper documentation for the essential parts;
2) there is incorrect documentation for the essential parts;
3) documents are missing;
4) the documents are illegible;
5) the vehicle is missing essential parts;
6) the vehicle is rebuilt using damaged parts;
7) the vehicle is incomplete; or
8) the rebuilder is not properly licensed or does not have a letter from the Administrator of the Secretary of State Vehicle Title Division.
e) A vehicle may fail an inspection if:
1) insufficient or incorrect documentation is discovered after the inspection is started and the problem cannot readily be corrected;
2) the identification numbers are ground away, defaced, mutilated, restamped or removed;
3) contraband or stolen essential parts are installed on the vehicle. The vehicle may be held pending further investigation;
4) a junking or salvage certificate is not properly assigned to the seller for all essential parts purchased from an Illinois licensee; or
5) a reclaimable part is not accompanied by the proper documentation.
f) A fee of $75 will be charged for each inspection started or completed. The fee will be returned if the request for an inspection is denied and the physical inspection has not started.
g) All Salvage Vehicle Inspection Reports must be signed by the on-site Secretary of State auto body specialist and approved by the Secretary of State investigator in charge of the station.
h) No vehicle shall be inspected without an appointment unless there is express approval of the investigator in charge of the station.
**History**
- *Source: Added at 22 Ill. Reg. 11527, effective July 1, 1998*
##### **92 Ill. Adm. Code 1030.1** Definitions {#sec-1030.1 omnilex-key=us-il-regs-official--title-92--1030.1}
Unless otherwise noted, the following definitions shall apply to this Part.
"Acceptable Medical Certificate" − a current medical examiner's certificate that has been completed in its entirety and does not require additional information.
"Adjudication of Disability" − an order by a court of competent jurisdiction declaring a person unable to fully manage one's own person or estate because of mental deterioration, physical incapacity, mental illness, or developmental disability, pursuant to Sections 11a-1, 11a-2, and 11a-3 of the Probate Act of 1975 [755 ILCS 5/11a-1, 11a-2 and 11a-3].
"Adult Driver Education Course" – a six-hour classroom or online course of driver education for persons aged 18, 19 or 20, offered by an adult driver education course provider.
"Adult Driver Education Course Provider" or "Provider" – an entity certified by the Secretary of State to provide an adult driver education course, either in a classroom setting or online.
"Agri-Chemical Business" – any individual, partnership, corporation or association engaged in a business operation for the purpose of selling or distributing agricultural pesticides and/or fertilizers or providing the service of application of these substances in this State.
"Applicant" – a person applying for an Illinois driver's license, permit or identification card.
"Approved Driver Education Course" –
a course of driver education approved by the State Board of Education, offered by public or private schools maintaining grades 9 through 12, and meeting at least the minimum requirements of the Driver Education Act [105 ILCS 5/27-24 through 27-24.8]; or
a course of driver education offered by a school licensed to give driver education instructions under the Vehicle Code that meets at least the minimum educational requirements of the Driver Education Act and is approved by the State Board of Education; or
any course of driver education given at a Department of Defense Education Activity school that is approved by the Department of Defense Education Activity and taught by an adult driver education instructor or traffic safety officer; or
a course of driver education given in another state to an Illinois resident attending school in that state and approved by the state administrator of the driver education program of the other state. [625 ILCS 5/1-103]
"Armed Forces" – the United States Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard; Illinois National Guard; and the Merchant Marine, when that constitutes active duty under Section 401 of the Federal Public Law 95-202 (38 U.S.C. 106).
"Authorized Secretary of State Employee" − a Secretary of State employee with a supervisory position.
"Authorized Source" −
competent medical specialist
law enforcement official
member of the judiciary
Member of the Board
National Driver Register
authorized Secretary of State employee
employee of the U.S. Department of Transportation, Office of Motor Carriers
motor vehicle departments of foreign states
driver rehabilitation specialist
problem driver pointer system
"Binocular Visual Acuity" – a visual reading obtained utilizing both eyes at the same time.
"Branch Facility" – a separate training/testing facility operated and directly supervised by a third-party certifying entity at a location different from the principal location of the third-party certifying entity.
"Business Day" – any day on which the Office of the Secretary of State is open; generally, Monday through Saturday, excluding State holidays.
"CDL Skills Test" – a test given to an applicant who is attempting to obtain a Commercial Driver's License (CDL).
"CDLIS Driver Record" – the electronic record of the individual CDL driver's status and history stored by the State-of-Record as part of the Commercial Driver's License Information System, or CDLIS, established under 49 U.S.C. 31309. [625 ILCS 5/6-500(5.3)]
"Cancellation" – the annulment or termination by formal action of the Secretary of a person's driver's license or permit because of some error or defect in the license or because the licensee is no longer entitled to such license or permit, but, with the exception of Sections 6-107, 6-108 and 6-201, the cancellation of a license or permit is without prejudice and application for a new license or permit may be made at any time after such cancellation. [625 ILCS 5/1-110 and 5/6‑206(c)(3) and 6-201]
"Central Issuance" − the process of printing and mailing a driver's license to an applicant from a secure central production facility.
"Certificate of Completion" – a certificate of completion issued by the Office of the Secretary of State if the student has successfully completed a driver education course at an approved commercial driver training school as provided in IVC Chapter 6, Art. IV and 92 Ill. Adm. Code 1060.
"Certified Driver Rehabilitation Specialist" – a person who holds a certified driver rehabilitation specialist credential issued by the Association for Driver Rehabilitation Specialists (ADED). This credential is issued to a person who has advanced experience and expertise in diverse areas within the field of driver rehabilitation and who has successfully completed the ADED formal certification examination to provide services within the full spectrum of driver rehabilitation services.
"Charter Bus Driver Endorsement" – an indicator on the driver's license that the driver is qualified to transport a group of persons with a common purpose, under a single contract at a fixed rate for their exclusive use of that motor vehicle.
"Charter Bus Employer" – any individual, corporation, partnership or association that employs charter bus drivers licensed under IVC Section 6-508.
"Cited Driver" − a driver who has been requested by the Secretary of State to appear for re-test.
"Civilian Employee Deferral Card" – a card issued at the expiration of a driver's license to extend the expiration of the driver's license for 120 days while, as a result of employment, a civilian employee of the United States Armed Services or of the United States Department of Defense and the civilian employee's spouse and/or dependent children who are living with the civilian employee is residing outside the State of Illinois.
"Classification" – a designation as to the kind and type of vehicle a driver is entitled to operate, as outlined in Sections 1030.30 and 1030.40.
"Classroom Instruction" – the part of an approved driver education course consisting of learning experiences in the classroom. This instruction must be of the type to satisfy the 30 clock hours of instruction specified in Section 27-23 of the School Code [105 ILCS 5/27-23].
"Cleared Miscellaneous Suspension" – a suspension for safety responsibility, financial responsibility, warrant parking/traffic, auto emissions, failure to appear, curfew, mandatory conviction, tollway, family financial responsibility, automated traffic law violation, nighttime driving restriction, or unsatisfied judgment.
"Commercial Driver's License" or "CDL" − a license issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 CFR 383 (October 1, 2014), that authorizes the individual to operate a certain class of commercial motor vehicle. [625 ILCS 5/1-111.6]
"Commercial Driver's License Downgrade" − a state:
allows the driver to change the driver's self-certification to interstate, but operating exclusively in transportation or operation excepted from 49 CFR 391 (October 1, 2014), as provided in 49 CFR 390.3(f), 391.2, 391.68 or 398.3 (October 1, 2014);
allows the driver to change the driver's self-certification to intrastate only, if the driver qualifies under that state's physical qualification requirements for intrastate only;
allows the driver to change the driver's self-certification to intrastate, but operating exclusively in transportation or operations excepted from all or part of the state driver qualification requirements; or
removes the CDL privilege from the driver's license. [625 ILCS 5/6‑500(5.7)]
"Commercial Driver's License Information System" or "CDLIS" – the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986 (CMVSA) to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.
"Commercial Learner's Permit" or "CLP" – a permit issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 CFR 383 (October 1, 2014), which, when carried with a valid driver's license issued by the same state or jurisdiction of domicile, authorizes the individual to operate a class of commercial motor vehicle when accompanied by a holder of a valid CDL for purposes of behind-the-wheel training. When issued to a CDL holder, a CLP serves as authorization for accompanied behind-the-wheel training in a commercial motor vehicle for which the holder's current CDL is not valid.
"Commercial Motor Vehicle" or "CMV" – a motor vehicle or combination of motor vehicles used in commerce designed to transport passengers or property if the motor vehicle:
has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of any towed unit with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds), whichever is greater; or
has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds) or more, whichever is greater; or
is designed to transport 16 or more passengers, including the driver; or
is of any size and is used in transporting hazardous materials as defined in 49 CFR 383.5 (October 1, 2014).
Commercial Motor Vehicle does not include:
recreational vehicles, when operated primarily for personal use;
vehicles owned by or operated under the direction of the United States Department of Defense or the United States Coast Guard only when operated by non-civilian personnel. This includes any operator on active military duty; members of the Reserves; National Guard; personnel on part-time training; and National Guard military technicians (civilians who are required to wear military uniforms and are subject to the Code of Military Justice); or
firefighting, police, and other emergency equipment (including, without limitation, equipment owned or operated by a HazMat or technical rescue team authorized by a county board under Section 5-1127 of the Counties Code [55 ILCS 5]), with audible and visual signals, owned or operated by or for a governmental entity, which is necessary to the preservation of life or property or the execution of emergency governmental functions which are normally not subject to general traffic rules and regulations. [625 ILCS 5/6-500(6)]
"Commuter Van" – a motor vehicle designed for the transportation of not less than seven or more than 16 passengers, that is used in a ridesharing arrangement. [625 ILCS 5/1-111.9]
"Competent Medical Specialist" − a person licensed under the Medical Practice Act of 1987 [225 ILCS 60], or similar law of another jurisdiction, to practice medicine in all of its branches, a physician assistant who has been delegated the authority to make the required determination by a supervising physician, an advanced practice registered nurse with full practice authority, or an advance practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advance practice nurse to make the determination.
"Confirmed Medical Emergency" – a documented medical emergency from a licensed physician specifying the cited driver is unable to appear during the 30 day re-testing period. This includes, but is not necessarily limited to, the following conditions: hospitalization, serious illness, broken limbs.
"Consular Identification Document" – an official identification card issued by a foreign government that meets the criteria set forth in Section 5 of the Consular Identification Document Act [5 ILCS 230/5] and the issuing consulate has filed with the Illinois State Police a copy of the consular identification document and a certification of the procedures that are used to satisfy Sections 2 and 3 of the Consular Identification Document Act.
"Conviction" − A final adjudication of guilty by a court of competent jurisdiction after a bench trial, trial by jury, plea of guilty, order of forfeiture, or default. [625 ILCS 5/6-100(b)]
"Conviction-CLP Holder" or "Conviction-CDL Holder" – an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal; an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court; a plea of guilty or nolo contendere accepted by the court; the payment of a fine or court cost regardless of whether the imposition of sentence is deferred and ultimately a judgment dismissing the underlying charge is entered; or a violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated. [625 ILCS 5/6-500(8)]
"Cooperative Driver Testing Program Certificate" – a certificate prescribed by the Secretary of State indicating a successfully completed road test, subject to spot check by the Secretary of State, was administered to a driver education student, who has successfully completed driver training by an Illinois State Board of Education approved driver education instructor.
"Cooperative Driver Testing Program" – a program offered by the Department to local school boards with accredited driver education courses and teen-accredited commercial driver training schools, allowing students to be exempted from a road test administered by the Department who:
receive a grade of A or B in a high school driver education course and pass a road test administered by a Department certified high school; or
obtain an overall score of 80% or more in a commercial driver training school driver education course and pass a road test administered by a Department certified commercial driver training school driver education instructor.
"Correctional Facility" – The Illinois Department of Corrections, the Illinois Department of Juvenile Justice, a Federal Bureau of Prisons facility located in Illinois or an Illinois county jail or department of corrections.
"Court Documents" – the items issued by a court, such as reports, notices, summonses, subpoenas, orders and transcripts.
"Criminal Justice Agencies" − the federal and state courts, a governmental agency or sub-unit that performs the duties of the detection, apprehension or detention of accused persons or criminal offenders pursuant to a statute.
"Current Medical Report" − any medical report completed within 90 days prior to receipt by the Department that is signed and dated by a competent medical specialist.
"Current Telescopic Lens Vision Specialist Report" – any vision specialist report completed for a telescopic lens user that has been completed within six months prior to receipt by the Department and is signed and dated by a licensed vision specialist.
"Current Vision Specialist Report" – any vision specialist report completed for a driver that has been completed within six months prior to receipt by the Department and is signed and dated by a vision specialist.
"Custom Harvester" – any individual, partnership, corporation or association engaged in a business operation for the purpose of harvesting agricultural commodities other than their own on a contract basis.
"Dangerous Action" – an act by the applicant that could endanger a person or property.
"Data Minimization" means the disclosure of only the data fields from a mobile credential that are reasonably necessary for the purpose of the presentation.
"Day" − a calendar day.
"Denial" – any entry on a person's driving record by the Department indicating a driver may not renew the driver's license or privileges until the conditions set forth by the Department are met (see IVC Section 6-103).
"Denial of Driving Privilege" − the act of prohibiting or disallowing the privilege to obtain a driver's license or permit and/or the privilege to operate a motor vehicle (see IVC Sections 6-103, 6-107(c), 6-108.1).
"Department" − the Department of Driver Services within the Office of the Secretary of State.
"Department of Administrative Hearings" − the Department of Administrative Hearings of the Office of the Secretary of State.
"Determination of No Security Threat" – an administrative determination by TSA that an individual does not pose a security threat warranting denial of a Hazardous Material Endorsement.
"Digital Wallet" − a software application to allow a user to make electronic transactions on a smart device.
"Digital Wallet Provider" − an entity that provides a digital wallet service.
"Disability" − an individual's physical or mental impairment that substantially limits one or more of the major life activities; a record of such impairment, or when the individual is regarded as having such impairment. [625 ILCS 5/6‑117.2(f)]
"Disqualification" − means any of the following three actions:
the suspension, revocation, or cancellation of a CLP or CDL by the state or jurisdiction of issuance;
any withdrawal of a person's privileges to drive a commercial motor vehicle by a state or other jurisdiction as a result of a violation of state or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations);
a determination by FMCSA that a person is not qualified to operate a commercial motor vehicle under 49 CFR 391 (October 1, 2014). [625 ILCS 5/1-115.3]
"Disseminating Agency" − an agency authorized by the Secretary of State to distribute or share an image received from the Secretary of State for purposes of secondary dissemination.
"Drive" − operate or be in physical control of a motor vehicle. [625 ILCS 5/4‑115.8]
"Driver" – every person who drives or is in actual physical control of a vehicle. [625 ILCS 5/1-116]
"Driver Applicant" – a person who applies to a state or other jurisdiction to obtain, transfer, upgrade or renew a CDL or to obtain or renew a CLP.
"Driver's License Test" − a test administered by the Secretary of State that consists of a vision test, written test and/or road test.
"Driver's License Issuance Error" – any act or omission by a Secretary of State employee that results in the driver being not qualified to hold the license as it is classified, restricted and/or endorsed.
"Driver's License Record" – a file maintained by the Secretary of State on each driver in Illinois pursuant to IVC Section 6-117.
"Driver Rehabilitation Specialist" − a person who possesses an undergraduate degree in rehabilitation, education, health, safety, therapy or related profession (or equivalent of eight years of experience in driver rehabilitation); possesses a current Association of Driver Educators for the Disabled (ADED) Certification as a Driver Rehabilitation Specialist (consisting of successful completion of 100 clock hours of educational experience, in combination with safety and medical aspects of disabilities; a minimum of 30 hours must be gained from attending ADED approved courses or workshops).
"Driver Remedial Education Course" – an organized remedial activity approved by the Driver Services Department for improving the driving habits of certain suspended drivers. The course shall consist of individual counseling and/or group sessions of instruction and shall not exceed two sessions or a total of nine hours of instruction.
"Driver Services Facility" – the offices located throughout Illinois for the purpose of issuing driver's licenses and providing to the public other necessary services connected with the Secretary of State's Office.
"Driver Services Facility Representative" – an employee of the Department of Driver Services of the Office of Secretary of State.
"Driving Abstract" − a record kept by the Department of Driver Services containing all information required under IVC Section 6-106(b) and all records of violations of traffic laws and administrative actions pertaining to driving privileges.
"Driving Evaluation" – an assessment by a driver education specialist at a rehabilitation institution of an applicant's ability to safely operate a motor vehicle.
"Driving Skills" – the ability of an applicant to perform maneuvers to be demonstrated during a road test.
"Endorsement" – an authorization to an individual's CLP or CDL required to permit the individual to operate certain types of commercial motor vehicles.
"Enrolled in a Driver Education Course" – active participation in, and the 30 days immediately preceding, the start of regularly scheduled classroom instruction of an approved driver education course.
"Entry-level driver training"−the training an entry-level driver receives from an entity listed on the Federal Motor Carrier Safety Administration's Training Provider Registry prior to:
taking the CDL skills test required to receive the Class A or Class B CDL for the first time;
taking the CDL skills test required to upgrade to a Class A or Class B CDL; or
taking the CDL skills test required to obtain a passenger or school bus endorsement for the first time or the CDL knowledge test required to obtain a hazardous materials endorsement for the first time. [625 ILCS 5/6-500(15.2)]
The Training Provider Registry can be accessed at https://tpr.fmcsa.dot.gov.
"Examiner" – an employee of the Secretary of State who is qualified to administer all driver's license tests.
"Excepted Interstate" or "EI" – a person who operates or expects to operate in interstate commerce, but engages exclusively in transportation or operations excepted under 49 CFR 390.3(f), 391.2, 391.69 or 398.3 (October 1, 2014) from all or part of the qualification requirements of 49 CFR 391 (October 1, 2014) and is not required to obtain a medical examiner's certificate by 49 CFR 391.45 (October 1, 2014). [625 ILCS 5/6-500(15.3)]
"Excepted Intrastate" or "EA" – a person who operates in intrastate commerce but engages exclusively in transportation or operations excepted from all or parts of the state driver qualification requirements. [625 ILCS 5/6-500 (15.5)]
"Facility-Administered Road Test" – an actual demonstration of the applicant's ability to exercise ordinary and reasonable control of the operation of a motor vehicle administered by a Driver Services Facility employee.
"Farm" − the structures and lands used primarily for the raising of agricultural or horticultural commodities, including livestock, poultry, fur-bearing animals, fruit, vegetables, flowers and other plants; "farm" includes ranches, nurseries, greenhouses, orchards, etc.
"Farm Retail Outlet and/or Supplier" – any individual, partnership, corporation or association engaged in a business operation for the purpose of selling or distributing agricultural commodities.
"Favorable Medical Report" − a current medical report that has been completed in its entirety and does not require additional information or clarification and is not medically questionable. A favorable medical report specifies a professional opinion from the competent medical specialist that the driver is medically/mentally fit to safely operate a motor vehicle.
"Favorable Vision Specialist Report" – a current vision specialist report that has been completed in its entirety that does not require additional information or clarification.
"Federal Motor Carrier Safety Administration" or "FMCSA" − a separate administration within the U.S. Department of Transportation dedicated to improving the safety of commercial motor vehicles and saving lives.
"Felony" – an offense under state or federal law that is punishable by death or imprisonment for a term of one year or more.
"Final Determination of Threat Assessment" – a final administrative determination by TSA, including the resolution of related appeals, that an individual poses a security threat warranting denial of a Hazardous Material Endorsement.
"Fingerprint Process" – a method by which an applicant's fingerprints are taken for the purpose of a criminal background investigation for a charter bus driver endorsement and submitted to the Illinois State Police (ISP) and the Federal Bureau of Investigation (FBI).
"First Division Vehicle" – any motor vehicle designed to carry not more than 10 persons. [625 ILCS 5/1-217]
"For-Profit Ridesharing Arrangement" – the transportation by motor vehicle of not more than 16 persons, including the driver, for which a fee is charged in accordance with Section 6 of the Ride Sharing Arrangements Act [625 ILCS 30/6]. [625 ILCS 5/1-122.7]
"Fraud" – includes anything calculated to deceive, whether it be a single act or combination of circumstances, whether the suppression of truth or the suggestion of what is false, whether it be by direct falsehood or by innuendo, by speech or by silence.
"Functional Ability" – the degree of cognitive, mental, or emotional sensor motor, and sensory capability in performing activities of daily living, including safely performing driving tasks.
"Good Cause" − examples of dangerous driving or of a physical or mental condition that interferes with safe driving or a situation in which a Secretary of State Driver Services Facility supervisor fails to give a required test or section of a test.
"Graduated Driver's License" – A driver's license issued to a person under the age of 18 that consists of initial and full licensing phases.
"Gross Combination Weight Rating" or "GCWR" – the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon as specified in 49 CFR 383.5 (October 1, 2014). [625 ILCS 5/1‑124.5]
"Gross Vehicle Weight Rating" or "GVWR" – the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single vehicle. The GVWR of a combination of vehicles (commonly referred to as the "Gross Combination Weight Rating" or "GCWR") is the GVWR of the power unit plus the GVWR of the towed unit or units. In the absence of a value specified by the manufacturer, GCWR is determined by adding the GVWR of the power unit and the total weight of the towed unit and any load on the unit. [625 ILCS 5/1‑124.5]
"Hazardous Material Endorsement" or "HME" – an indicator on the driver's license that the driver is qualified to transport hazardous materials that require placarding.
"Hazardous Materials" – any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR 172 (October 1, 2014) or any quantity of a material listed as a select agent or toxin in 42 CFR 73 (October 1, 2014).
"High School Student" – a student who attends a public or private secondary school accredited by the Illinois State Board of Education.
"Identification Card Verification Form" – a Secretary of State promulgated form completed by the Illinois Department of Corrections (IDOC) or Illinois Department of Juvenile Justice (IDJJ) and issued to a committed person upon release on parole, mandatory supervised release, aftercare release, final discharge or pardon, or to an adult transition center, from the IDOC or IDJJ that verifies the committed person's address and indicates whether the committed person's date of birth and social security number have been verified by IDOC or IDJJ.
"Illinois Person with a Disability Identification Card" – a standard identification card as defined in Section 4A of the Illinois Identification Card Act [15 ILCS 335/4A] issued for no fee to persons who meet the definition of disabled (see IVC Section 1-159.1).
"Illinois Medical Advisory Board" or "Board" − a panel consisting of at least nine physicians appointed by the Secretary. [625 ILCS 5/6-902]
"Illinois Vehicle Code" or "Vehicle Code" or "IVC" – 625 ILCS 5.
"Image" − the digital photo and signature captured in the process of issuing an Illinois driver's license or identification card and retrieved from the Secretary of State database.
"Immediate Family Member" – a parent, child, sibling, grandparent, step-parent, step-child, step-sibling, or step-grandparent.
"Immediate Farm Family Member" − a member of the farmer's family is a natural or in-law, spouse, child, parent, or sibling as provided in IVC Section 6-507(c).
"Incomplete Medical Report" − a medical report that has not been completed in its entirety, or a medical agreement that has not been signed and dated by the driver.
"Incomplete Telescopic Lens Vision Specialist Report" − a telescopic lens vision specialist report that has not been completed in its entirety. Examples of an incomplete report include, but are not limited to, omission of name, address, signature or professional license number of the vision specialist or date or one that contains illegible information or fails to answer any of the questions contained within the report.
"Initial Determination of Threat Assessment" – an initial administrative determination by TSA that an individual poses or may pose a security threat warranting denial of a Hazardous Material Endorsement.
"In Loco Parentis" – a person who is acting in place of a minor's parent with a parent's rights, duties and authority.
"Instruction Permit" – a driving permit issued to operate a motor vehicle pursuant to the requirements of IVC Section 6-105 or 6-107.
"Invalidate" – to render invalid any driver's license, permit or driving privileges.
"Invalidation" – the withdrawal, by consent, court order, death of the holder or holder's failure to complete a driver remedial education course of the validation, of a person's license, permit and/or driving privilege under IVC Chapter 6.
"Law Enforcement Official" – a federal, state or local police officer, sheriff, coroner, municipal prosecutor, state's attorney or U.S. attorney.
"LEADS" − the Illinois Law Enforcement Agencies Data System.
"Limited Term Identification Card" – An Illinois Identification Card issued by the Secretary of State for a period of 90 days to persons released from the Illinois Department of Corrections or the Illinois Department of Juvenile Justice.
"Limited Term Real ID Compliant Driver's License" – A Real ID compliant driver's license that is issued to persons who are not permanent residents or citizens of the United States, or an individual who has an approved application for asylum in the United States or has entered the United State in refugee status and is marked "Limited Term" on the face of the card. [15 ILCS 335/1A]
"Limited Term Real ID Compliant Identification Card" – a Real ID compliant identification card this is issued to persons who are not permanent residents or citizens of the United States, or an individual who has an approved application for asylum in the United States or has entered the United States in refugee status, and is marked "Limited Term" on the face of the card. [15 ILCS 335/1A]
"Livestock" – any animals such as cattle, sheep, swine, buffalo, cafalo, cattalo, domestic deer, domestic elk, domestic antelope, domestic reindeer, water buffalo and goats.
"Livestock Feeder" – any individual, partnership, corporation or association engaged in a business operation for the purpose of producing livestock.
"Mandatory Insurance" – the insurance requirements under IVC Chapter 7, Article VI.
"Mandatory Law Enforcement Report" – an unsigned message directed to the Department electronically from law enforcement containing the same information as the form designed by the Department.
"Mechanical Aid" – a device added to a motor vehicle that would enhance the operator's ability to safely operate the vehicle.
"Medical Agreement" – an agreement signed and dated by the driver, maintained as part of the medical report, and including the following conditions and information:
a condition that the driver remain under the care of a competent medical specialist;
a condition that the driver adhere to the treatment and medication;
authorization by the driver to the competent medical specialist to report any change in the driver's condition that would impair the driver's ability to operate a motor vehicle; and
possible consequences for failing to abide by any or all of the conditions contained in the medical agreement.
"Medical Examiner" – a person who is licensed, certified, or registered in accordance with applicable state laws and regulations to perform physical examinations. The term includes but is not limited to doctors of medicine, doctors of osteopathy, physician assistants, advanced practice nurses, and doctors of chiropractic. [625 ILCS 5/6-500(21.1)]
"Medical Examiner's Certificate" – a document prescribed or approved by the Secretary of State that is issued by a medical examiner to a driver to medically qualify the driver to drive. [625 ILCS 5/6-500(21.2)]
"Medical Exemption" – temporary regulatory relief for up to two years from one or more Federal Motor Carrier Safety Regulations (see 49 CFR 383, 391, 392, 393, 395, and 396) given to a person, by FMCSA, subject to the regulations, or a person who intends to engage in an activity that would be subject to the regulations in accordance with 49 CFR 381.300 (October 1, 2014).
"Medical Report" – a confidential medical questionnaire directed to the Department and approved by the Illinois Medical Advisory Board, or a statement on letterhead made by a competent medical professional containing the same information as the form designed by the Department.
"Medical Restriction Card" – a card designed and issued by the Department that describes and explains the limitations and conditions noted in the restriction area of a person's driver's license.
"Medical Variance" – a driver has received one of the following from FMCSA, which allows the driver to be issued a medical certificate:
a medical exemption letter permitting operation of a CMV pursuant to 49 CFR 381 (October 1, 2014), subpart C or 49 CFR 391.64 (October 1, 2014); or
a skilled performance evaluation (SPE) certificate permitting operation of a CMV pursuant to 49 CFR 391.49 (October 1, 2014). [625 ILCS 5/6-500 (21.5)]
"Mental or Physical Disorder or Disability" – a scientifically recognized condition that may medically impair a person's mental and/or physical health to the extent of being unable to safely operate a motor vehicle.
"Military Deferral Card" – a card issued at the expiration of the driver's license to extend the expiration while in the military, of the license of the licensee, spouse and dependent children who are living with the licensee while on active duty serving in the Armed Forces of the United States outside the State of Illinois.
"Minor" – a person under 18 years of age.
"Miscellaneous Suspension" – a suspension for safety responsibility, financial responsibility, warrant parking/traffic, auto emissions, failure to appear, curfew, mandatory conviction, tollway, family financial responsibility, automated traffic law violation, nighttime driving restriction or unsatisfied judgment.
"Mobile Credential" − a mobile driver's license or a mobile identification card.
"Mobile Device" − a cellular telephone, a smart watch, or another device that in the future could support holding a mobile credential.
"Mobile Driver's License" − a driver's license that is issued by the Department and resides on a mobile device or requires a mobile device as part of the process to gain access to the related information.
"Mobile Identification Card" − an identification card that is issued by the Department and resides on a mobile device or requires a mobile device as part of the process to gain access to the related information.
"Monocular Vision Acuity" – a visual acuity reading obtained utilizing each individual eye.
"Moped" − a motor-driven cycle, with or without optional power derived from manually operated pedals, whose speed attainable in one mile is at least 20 m.p.h. but not greater than 30 m.p.h., and is equipped with a motor that produces 2 brake horsepower or less. If an internal combustion engine is used, the displacement shall not exceed 50 cubic centimeter displacement and the power drive system shall not require the operator to shift gears. [625 ILCS 5/1-148.2]
"Motorcycle" – every motor vehicle having a seat or saddle for use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor. [625 ILCS 5/1-147]
"Motorcycle Rider Safety Training Course" – a course of instruction in the use and operation of motorcycles and/or motor-driven cycles, including instruction in the safe on-road operation of motorcycles and/or motor-driven cycles, the rules of the road and the laws of this State relating to motor vehicles, which course must meet the requirements set out in 92 Ill. Adm. Code 455.
"Motor-Driven Cycle" − every motorcycle and every motor scooter with less than 150 cubic centimeter piston displacement, including motorized pedalcycles. [625 ILCS 5/1-145.001]
"Motor Vehicle" – every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for vehicles moved solely by human power and motorized wheelchairs. Motor vehicles are divided into two divisions:
First Division: Those motor vehicles that are designed for the carrying of not more than 10 persons.
Second Division: Those motor vehicles that are designed for carrying more than 10 persons, those motor vehicles designed or used for living quarters, those motor vehicles that are designed for pulling or carrying freight, cargo or implements of husbandry, and those motor vehicles of the First Division remodeled for use and used as motor vehicles of the Second Division. [625 ILCS 5/1-146]
"Motor Vehicle Departments of Foreign States" – the departments in other states that issue driver's licenses.
"Motor Vehicle Record" – a report of the driving status and history of a driver generated from the driver record provided to users, such as drivers or employers, and is subject to the provisions of the Driver Privacy Protection Act (18 U.S.C. 2721-2725). [625 ILCS 5/6-500(22.2)]
"Nasal Monocular Vision Reading" – a field of vision 35º from the straight ahead.
"National Driver Register" or "NDR" – a computerized database of files on drivers maintained by the U.S. Department of Transportation, National Highway Traffic Safety Administration.
"Night" − the hours during the period from sunset to sunrise.
"Nighttime Drive" – a road test administered during the hours of sunset to sunrise.
"Nighttime Driving Privilege" – a privilege granted to a licensed driver to operate a motor vehicle during nighttime hours while wearing a telescopic lens arrangement.
"Non-CDL" – any other type of motor vehicle license, such as an automobile driver's license or a motorcycle license.
"Non-Excepted Interstate" or "NI" – a person who operates or expects to operate in interstate commerce, is subject to and meets the qualification requirements under 49 CFR 391 (October 1, 2014), and is required to obtain a medical examiner's certificate by 49 CFR 391.45 (October 1, 2014). [625 ILCS 5/6‑500(22.7)]
"Non-Excepted Intrastate" or "NA" – a person who operates only in intrastate commerce and is subject to State driver qualification requirements. [625 ILCS 5/6-500(22.8)]
"Official Investigation" – the act of examining and inquiring into an occurrence or circumstance with care and accuracy by a duly authorized member of a local, state or federal agency while acting in a professional capacity.
"P Endorsement" – a notation on the driver's license that the driver has qualified to operate a vehicle designed to transport 16 or more persons, including the driver.
"Participating Digital Wallet Provider" − a digital wallet provider that is approved by the Secretary of State.
"Peripheral Vision" – vision from the outside line of direct sight toward the temporal area.
"Preliminary Favorable Medical Report" – a current medical report or a current written statement on official letterhead that is signed and dated by a competent medical specialist indicating that in the specialist's professional opinion the driver is medically fit to safely operate a motor vehicle; however, additional information and/or clarification or consultation is needed.
"Presentation" means the voluntary act by the holder of a mobile credential of revealing identity information of a mobile credential requested by a relying party to the relying party.
"Probationary License" – a special license granting full driving privileges during a period of suspension and is issued upon successful completion of a driver remedial education course.
"Problem Driver Pointer System" or "PDPS" – a pointer file consisting of an index of problem drivers (as determined by adverse driver's license actions) that is maintained by a driver's home state (SOR) and is accessed by other states (SOI) to determine a person's eligibility to apply for a driver's license.
"Proof of Insurance" − acceptable forms of proof of insurance include, but are not limited to, the following:
Illinois insurance card that contains the company name, policy number, effective and expiration dates, name of the insured, vehicle year and make and a minimum of the last six characters of the Vehicle Identification Number (VIN);
Combination of proof of purchase of the motor vehicle within 60 days and a current insurance card [625 ILCS 5/7-602(b)];
Current declaration page of a liability policy [625 ILCS 5/7-602(c)] that contains the company name, policy number, effective and expiration dates, name of the insured, vehicle description and liability limits of the policy;
Liability insurance binder [625 ILCS 5/7-602(d)];
Certificate of Insurance [625 ILCS 5/7-602(d)];
Payment receipt for a liability insurance premium [625 ILCS 5/7-602(d)] that contains the company name, policy number, effective and expiration dates, name of the insured, vehicle year, make and a minimum of the last six characters of the VIN, date of premium payment and signature of company representative;
Current rental agreement [625 ILCS 5/7-602(e)];
Registration plates, registration sticker or other evidence of registration issued by the Secretary of State's Office only upon submission of proof of liability insurance [625 ILCS 5/7-602(f)];
Certificate, decal or other document or device issued by a governmental agency for a motor vehicle indicating the vehicle is insured for liability [625 ILCS 5/7-602(g)] (or has qualified for an exemption to the liability insurance law).
"Public Safety Worker" − a person employed by this State or a political subdivision thereof that provides firefighting, medical or other emergency services. [625 ILCS 5/6-117.2(f)]
"Questionable Medical Report" – a medical report that contains medical information raising some reasonable doubt regarding the driver's medical ability to safely operate a motor vehicle, including the following:
A medical report that indicates the driver has experienced an attack of unconsciousness within the past six months;
The medical report lacks a professional opinion indicating whether the driver is medically fit to safely operate a motor vehicle;
The medical report was signed and/or completed by someone other than a competent medical specialist;
The competent medical specialist recommends the driver has driving privileges, however, expresses reservations about the driver's ability to safely operate a motor vehicle.
"Reader" − a device that receives and reads only the information from a mobile credential upon authorization from the holder of the mobile credential.
"Real ID Compliant Driver's License" – a driver's license issued in compliance with the REAL ID Act, federal implementing regulations (6 CFR 37), and this Part. Real ID compliant driver's licenses shall bear a security marking approved by the U.S. Department of Homeland Security. [625 ILCS 5/6-100(e)]
"Real ID Compliant Identification Card" − an Illinois Identification Card or Illinois Person with a Disability Identification Card issued in compliance with the REAL ID Act, federal implementing regulations (6 CFR 37), and this Part. Real ID compliant identification cards shall bear a security marking approved by the U.S. Department of Homeland Security. [15 ILCS 335/1A]
"Reckless Driving" – driving a motor vehicle with a willful or wanton disregard for the safety of persons or property or knowingly driving a vehicle using an incline in a roadway, such as a railroad crossing, bridge approach or hill to cause the vehicle to become airborne. [625 ILCS 5/11-503]
"Registration Sticker" − a device or devices to be attached to a rear registration plate that will renew the registration and registration plate or plates for a pre‑determined period not to exceed one registration year except as provided in IVC Section 3-414(1).
"Regularly Scheduled Classroom Instruction" – the continuous and uninterrupted education course that takes place during the specific time period (i.e., quarter) in which the school has scheduled the student to participate.
"Rehabilitation Institution" – any hospital, center, institute, or facility engaged in a program to provide driver training for the disabled.
"Religious Organization Bus" – any vehicle other than a vehicle of the First Division or a school bus as defined by IVC Section 1-182 that is exclusively owned and operated by a religious organization and is used primarily in conducting the official activities of that organization.
"Religious Organization Vehicle Restriction" – the authority to operate a religious organization bus (see IVC Section 6-106.2).
"Relying Party" − an entity to which a mobile credential holder is presenting the mobile credential.
"Representative Vehicle" – a motor vehicle that represents the type an applicant operates or expects to operate.
"Rescind" – to annul or void a suspension, revocation, cancellation, disqualification or denial.
"Restricted Local License" – a special restricted driver's license issued under IVC Section 6-113 and intended to enable a person to drive a specific route.
"Restriction" – the notation on a driver's license or permit indicating requirements deemed applicable to the licensee by the Department to assure safe operation of a motor vehicle.
"Review of Driving Habits" – a review of the applicant's driving record maintained by the Office of the Secretary of State, or documentation from another licensing entity, that has been certified within 30 days prior to the date of application, to ensure that the requirements are met (see IVC Sections 6-104, 6‑508).
"Road Test" – an actual demonstration of the applicant's ability to operate a motor vehicle (see IVC Section 6-109).
"S Endorsement" − an endorsement for CDL holders who operate as a school bus driver to transport pre-primary, primary or secondary school students to and from home, from school to home, or to and from school-sponsored events.
"Safety Course" – an explanation provided by a rental agency to an individual during the rental transaction concerning the controls and features of the vehicle and its proper operation.
"Safety Officer" – any individual employed by a third-party certifying entity who is licensed by the Department to administer the CDL skills tests specified in subparts G and H of 49 CFR 383 (October 1, 2014) to the entities' employees and members. A safety officer is equivalent to a third-party skills test examiner as defined in 49 CFR 383.5 (October 1, 2014).
"SAVE" − the Systematic Alien Verification for Entitlements Program that allows electronic inquiries to U.S. Citizenship and Immigration Services (USCIS) by state motor vehicle agencies to determine the immigration status of an applicant for standard or Real ID compliant driver's license or identification card.
"School Bus" – every motor vehicle, except as provided in this definition, owned or operated by or for any of the following entities for the transportation of persons regularly enrolled as students in grade 12 or below in connection with any activity of the entity:
Any public or private primary or secondary school;
Any primary or secondary school operated by a religious institution; or
Any public, private or religious nursery school.
This definition shall not include the following:
A bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interurban transportation of passengers when the bus is not traveling a specific school bus route but is:
On a regularly scheduled route for the transportation of other fare paying passengers;
Furnishing charter service for the transportation of groups on field trips or other special trips or in connection with other special events; or
Being used for shuttle service between attendance centers or other education facilities.
A motor vehicle of the first division.
A motor vehicle designed for the transportation of not less than seven nor more than 16 persons that is operated by or for a public or private primary or secondary school, including any primary or secondary school operated by a religious institution, for the purpose of transporting not more than 15 students to and from interscholastic athletic or other interscholastic or school sponsored activities. [625 ILCS 5/1-182]
"School Bus Commercial Learner's Permit" or "School Bus CLP" – a learner's permit that allows an applicant for a school bus permit to operate a school bus, but only when accompanied by a properly classified driver with a school bus driver permit.
"School Bus Driver Permit" – a permit issued to an applicant who has met all the requirements that authorize the individual to drive a school bus (see IVC Section 6-106.1).
"Seasonal Restricted Commercial Driver's License" or "Restricted CDL" – a limited waiver for employees of certain farm-related services to operate specific commercial motor vehicles without a commercial driver's license for a limited period.
"Second Division Vehicle" – any vehicle designed to carry more than 10 persons, those designed or used for living quarters and those vehicles designed to pull or carry property, freight or cargo, those motor vehicles of the first division remodeled for use and used as motor vehicles of the second division, and those motor vehicles of the first division used and registered as school buses. [625 ILCS 5/1-217]
"Secondary Dissemination" – the distributing or sharing of an image by a source other than the primary source (Secretary of State) that has direct access to the image.
"Secretary of State" – the Secretary of State of Illinois. [625 ILCS 5/1-184]
"Self-Admission" – a statement or indication from the driver that the driver has a mental disorder/disability and/or physical condition or disability that may impair the ability to safely operate a motor vehicle or that is likely to cause a loss of consciousness.
"Self-Certification" – a driver's signed and dated declaration of the type of driving (NI, EI, NA, EA) in which the driver engages or expects to engage while operating a CMV.
"Selfie" − a photograph taken by and of oneself from that person's mobile device.
"Senior Citizen Transportation Vehicle" – a vehicle, other than a vehicle of the first division or a school bus, exclusively owned and operated by a senior citizen organization and used primarily in conducting the official activities of the organization.
"Serious Traffic Violation" – a conviction when operating a commercial motor vehicle, or when operating a non-CMV, while holding a CLP or CDL of: a violation relating to excessive speeding involving a single speeding charge of 15 miles per hour or more above the legal speed limit; a violation relating to reckless driving; a violation of any State law or local ordinance relating to motor vehicle traffic control (other than parking violations) arising in connection with a fatal traffic accident; a violation, relating to having multiple driver's licenses (see IVC Section 6-501); a violation relating to the requirement to have a valid CLP or CDL (see IVC Section 6-507(a)); a violation relating to improper or erratic lane changes; a violation relating to following another vehicle too closely; any other similar violation of a law or local ordinance of any state relating to motor vehicle traffic control, other than a parking violation, which the Secretary of State determines to be serious pursuant to 92 Ill. Adm. Code 1040.20.
"Skills Performance Evaluation" or "SPE" – a certificate, issued by FMCSA to a driver with a missing limb, in accordance with 49 CFR 391.49 (October 1, 2014), which allows the driver to operate a CMV.
"Special Needs Individuals" – those individuals who have or are at increased risk for a chronic physical, developmental, behavioral, or emotional condition and who also require health and related services of a type or amount beyond that required by individuals generally. [625 ILCS 5/6-117.2(f)]
"SSOLV" − the Social Security Online Verification system that allows electronic inquiries to the Social Security Administration by state motor vehicle agencies to verify names and social security numbers of applicants for driver's licenses or identification cards.
"Standard Driver's License" − a driver's license issued by the Secretary of State that does not meet the requirements of the REAL ID Act, federal implementing regulations (6 CFR 37), and this Part.
"Standard Identification Card" − an identification card issued by the Secretary of State that does not meet the requirements of the REAL ID Act, federal implementing regulations (6 CFR 37), and this Part.
"State" – a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of the Dominion of Canada. [625 ILCS 5/1-195]
"Suspension" – the temporary withdrawal by formal action of the Secretary of a person's license or privilege to operate a motor vehicle on the public highways, for a period specifically designated by the Secretary. [625 ILCS 5/1-204]
"Tank Vehicle" – any commercial motor vehicle that is designed to transport any liquid or gaseous material within a tank or tanks having an individual rate capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. Those vehicles include, but are not limited to, cargo tanks and portable tanks, as defined in 49 CFR 171 (2011). [625 ILCS 5/1-204.4]
"Telescopic Lens Arrangement" – a non-standard adaptive device that aids in improving vision deficits.
"Telescopic Lens Vision Specialist Report" – an approved confidential vision questionnaire directed to the Department, or a statement on letterhead made by a vision specialist, containing the same information as the form designed by the Department.
"Temporal Monocular Vision Reading" – a field of vision 70º from the straight ahead.
"Temporary Driver's License or Instruction Permit" – a driver's license or instruction permit issued for no longer than 90 days to a person who is temporarily unable to obtain a license or instruction permit.
"Third-Party Certification License" − a license issued by the Secretary of State to a third-party certifying entity that allows the entity to participate in the third-party certification program.
"Third-Party Certification Program" − a Secretary of State program that allows a third-party entity to administer the CDL skills tests specified in subparts G and H of 49 CFR 383 (October 1, 2014) to its employees or members.
"Third-Party Certifying Entity" or "Entity" – an entity licensed by the Secretary of State to participate in the third-party certification program. A third-party certifying entity is equivalent to a third party tester as defined in 49 CFR 383.5 (October 1, 2014).
"Transportation Security Administration" or "TSA" – a division of the Department of Homeland Security administering provisions of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act; Public Law 107-56, 115 Stat. 272).
"Traffic Regulation Governing the Movement of Vehicles" – a violation for which points are assigned pursuant to 92 Ill. Adm. Code 1040.20.
"Type A Injury" – an injury that requires immediate professional attention in either a doctor's office or a medical facility and includes severely bleeding wounds, distorted extremities and injuries requiring the injured party to be carried from the scene.
"Traffic Environmental Screening" – a screening designed by the Department that shall consist of the driver demonstrating the ability to recognize actual traffic conditions using the telescopic lens arrangement while riding with and being evaluated by a Driver Services Facility representative.
"Unfavorable Medical Report" – a medical report signed and completed by a competent medical specialist containing a professional opinion that, due to a physical and/or mental disorder/disability, the driver is not medically fit to operate a motor vehicle.
"Unfavorable Telescopic Lens Vision Specialist Report" – a telescopic lens vision specialist report signed and completed by a licensed vision specialist that indicates a professional opinion that the driver is not capable of safely operating a motor vehicle, or the monocular or binocular acuity readings and/or peripheral readings do not meet Illinois standards, or the peripheral vision readings do not meet Illinois standards as set forth in Section 1030.70, or the power of the telescopic lenses does not meet Illinois standards as set forth in Section 1030.75.
"Unfavorable Vision Specialist Report" – a vision specialist report signed and completed by a vision specialist:
indicating the monocular or binocular acuity and/or peripheral vision readings do not meet Illinois standards as set forth in Section 1030.70, the driver would not accept or has refused the recommended correction, and the driver's vision readings without this correction are not favorable; or
containing a professional opinion that, due to a vision condition, the driver is not visually safe to operate a motor vehicle.
"Unfit to Stand Trial Order" – an order by a court of competent jurisdiction whereby a defendant, because of a mental or physical condition, is unable to understand the nature and purpose of the proceeding against the defendant or to assist in the defense against it pursuant to Section 104-10 of the Code of Criminal Procedure [725 ILCS 5/Art. 104-10].
"USCIS" − U.S. Citizenship and Immigration Services is a bureau of the U.S. Department of Homeland Security (USDHS) that is in charge of processing immigrant visa petitions, naturalization petitions, and asylum and refugee applications, as well as making adjudicative decisions performed at the services centers and managing all other immigration benefit functions.
"Valid Driver's License or Permit" – a license or permit issued by the Secretary of State that is of the proper classification for the purposes for which it is being used and that has not expired, been invalidated, denied, canceled, revoked, suspended or disqualified, or been used after a curfew or nighttime driving restriction.
"Vendor" – an authorized fingerprint company approved by the Illinois State Police (ISP) who will transmit fingerprint data to ISP to be forwarded to the FBI.
"Verifier Application" − software that requests and collects only the information on a mobile credential authorized by the holder of the credential.
"Vision Screening" – the readings obtained by a physician, ophthalmologist, optometrist or Department representative of an applicant's visual acuity and peripheral fields of vision.
"Vision Specialist" – a doctor licensed to practice medicine in optometry under the Illinois Optometric Practice Act [225 ILCS 80] or a competent medical specialist.
"Vision Specialist Report" – an approved confidential vision questionnaire directed to the Department, or a statement on letterhead made by a vision specialist, containing the same information as the form designed by the Department.
"Visual Acuity Readings" – the minimum vision standards set forth in Sections 1030.70 and 1030.75.
"Visual Peripheral Readings" – the minimum vision standards set forth in Sections 1030.70 and 1030.75.
"Withdrawal" – the negating of valid driving privileges by a state as the result of sanctions taken against driving privileges.
"Youth for Whom the Department of Children and Family Services is Legally Responsible For" or "Foster Child" – a child or youth whose guardianship or custody has been accepted by the Department of Children and Family Services pursuant to the Juvenile Court Act of 1987, the Children and Family Services Act [20 ILCS 505], the Abused and Neglected Child Reporting Act [325 ILCS 5], and the Adoption Act [750 ILCS 50]. This applies to children for whom the Department of Children and Family Services has temporary protective custody, custody and guardianship via court order, or children whose parents have signed an adoptive surrender or voluntary placement agreement with the Department. [15 ILCS 335/1A]
**History**
- *Source: Amended at 50 Ill. Reg. 9349, effective July 1, 2026*
## **Chapter II** Secretary of State
### **Part 1030** Issuance of Licenses
##### **92 Ill. Adm. Code 1030.5** Procedure for Obtaining a Standard Driver's License or Identification Card {#sec-1030.5 omnilex-key=us-il-regs-official--title-92--1030.5}
a) An applicant for a standard driver's license or identification card must appear at a Secretary of State Driver Services Facility and complete an application form provided by the Secretary of State pursuant to IVC Section 6-106, which shall include the questions listed in Appendix A. The applicant shall also provide a Driver Services Facility employee with acceptable forms of identification provided in Appendix B establishing the applicant's name, date of birth, signature, Illinois residency and social security number. An applicant who does not have a social security number and is ineligible to obtain a social security number shall affirm under penalty of perjury that the applicant is, at the time of application, ineligible for a social security number and must present either:
1) Documentation, issued by the United States Department of Homeland Security, authorizing the applicant's presence in the United States (e.g., dependents of H-1B, O-1, and O-2 who are also ineligible to work), which shall be verified through the Systematic Verification for Entitlements (SAVE); or
2) If the applicant does not have documentation authorizing the applicant's presence in this country, documentation establishing that the applicant has resided in Illinois for a minimum of one year and a passport validly issued to the applicant from the applicant's country of citizenship, or a consular identification document as defined in Section 5 of the Consular Identification Document Act [5 ILCS 230] validly issued to the applicant by the applicant's country of citizenship. An applicant for a CDL must provide proof of citizenship or lawful permanent residency. An applicant for a non‑domiciled CDL must provide documentation, issued by the United States Department of Homeland Security, authorizing the applicant's presence in the United States. A CDL or non-domiciled CDL may not be issued to an applicant without a social security number.
b) An applicant for a driver's license shall take the following tests as required in IVC Section 6-109:
1) A vision test as provided in Sections 1030.70 and 1030.75;
2) A road test, if required, as provided in Section 1030.85 (exemptions to the road test requirement are provided in Section 1030.88); and
3) A written test, if required, as provided in Section 1030.80.
c) Driver's license applicants who are 16 or 17 years of age and not legally emancipated by marriage shall not be issued a driver's license without the written consent of the applicant's parent, legal guardian or other responsible adult, regardless of whether the required written consent also accompanied the person's previous application for an instruction permit and until the applicant has, in accordance with IVC Section 6-107(b):
1) Held a valid instruction permit for a minimum of 9 months;
2) Passed an approved driver education course and submitted proof of having passed the course as may be required regardless of whether the driver holds a valid license issued by another state; and
3) Submitted, on a form prepared or approved by the Secretary of State, certification by the parent of the applicant, the legal guardian having custody of the applicant, or, in the event there is no parent or legal guardian, by another responsible adult, that the applicant has had a minimum of 50 hours, at least 10 hours of which have been at night, of behind-the-wheel practice time and is sufficiently prepared and able to safely operate a motor vehicle. The 50 hours shall be in addition to the required hours spent with a driver education instructor. The person completing the certification shall, upon signing the certification, swear under penalty of perjury, that everything contained within the certification is true and correct.
d) Driver's license applicants who are 18, 19 or 20 years of age who have not previously been licensed and who have not successfully completed an approved driver education course or the classroom portion of an approved driver education course shall not be issued a driver's license unless the applicant has successfully completed an adult driver education course offered by an adult driver education course provider and proof of that completion has been submitted to the Secretary by the adult driver education course provider.
e) A photograph shall be taken of a driver's license or identification card applicant unless the applicant is exempt under Section 1030.90.
f) A temporary driver's license shall be issued at the facility upon completion of all the requirements of this Section and IVC Chapter 6. A temporary identification card shall be issued at the facility upon completion of all the requirements of this Section and 15 ILCS 335. Upon successful completion of verification by the Secretary of State, which may include, but is not limited to, a facial recognition examination of the applicant's image against the Secretary of State image database, verification of residency and social security number, the applicant shall be mailed a driver's license to the address provided by the applicant.
g) The fees collected for the issuance of an original, renewal, duplicate or corrected driver's license shall be in accordance with IVC Section 6-118. The fees collected for the issuance of an original, renewal, duplicate, or corrected identification card shall be in accordance with 15 ILCS 335/12.
h) A driver's license or identification card issued under this Section does not meet the requirements of the REAL ID Act and shall bear the words "Federal Limits Apply".
i) An applicant applying for the first time for a CDL passenger endorsement, school bus endorsement or hazardous materials endorsement or upgrading a CDL must complete entry-level driver training.
**History**
- *Source: Amended at 48 Ill. Reg. 9020, effective July 1, 2024*
##### **92 Ill. Adm. Code 1030.6** Procedure for Obtaining a Visa Status Temporary Visitor's Driver's License Pursuant to Ivc Section 6-105.1(a) (repealed) {#sec-1030.6 omnilex-key=us-il-regs-official--title-92--1030.6}
**History**
- *Source: Repealed at 48 Ill. Reg. 9020, effective July 1, 2024*
##### **92 Ill. Adm. Code 1030.7** Procedure for Obtaining a Non-Visa Status Temporary Visitor's Driver's License Pursuant to Ivc Section 6-105.1(a-5) (repealed) {#sec-1030.7 omnilex-key=us-il-regs-official--title-92--1030.7}
**History**
- *Source: Repealed at 48 Ill. Reg. 9020, effective July 1, 2024*
##### **92 Ill. Adm. Code 1030.8** Procedure for Obtaining a Real Id Compliant Driver's License or Identification Card {#sec-1030.8 omnilex-key=us-il-regs-official--title-92--1030.8}
a) An applicant for a Real ID compliant driver's license or identification card shall visit a Secretary of State Driver Services Facility and complete an application form provided by the Secretary of State pursuant to IVC Section 6-106, which shall include the questions provided in Appendix A. The applicant shall provide a Driver Services Facility employee with acceptable documents as provided in Appendix D establishing the applicant's identity (name and date of birth), United States citizenship or lawful status, signature, social security number and Illinois residency.
b) An applicant for a Real ID Compliant driver's license shall take the following tests as required in IVC Section 6-109:
1) A vision test as provided in Sections 1030.70 and 1030.75;
2) A road test, if required, as provided in Section 1030.85 (exemptions to the road test requirement are provided in Section 1030.88); and
3) A written test, if required, as provided in Section 1030.80.
c) Applicants for a Real ID compliant driver's license who are 16 or 17 years of age and not legally emancipated by marriage shall not be issued a driver's license without the written consent of the applicant's parent, legal guardian or other responsible adult, regardless of whether the required written consent also accompanied the person's previous application for an instruction permit and until the applicant has, in accordance with IVC Section 6-107(b):
1) Held a valid instruction permit for a minimum of 9 months;
2) Passed an approved driver education course and submitted proof of having passed the course as may be required; and
3) Submitted, on a form prepared or approved by the Secretary of State, certification by the parent of the applicant, the legal guardian having custody of the applicant, or, in the event there is no parent or legal guardian, by another responsible adult, that the applicant has had a minimum of 50 hours, at least 10 hours of which have been at night, of behind-the-wheel practice time and is sufficiently prepared and able to safely operate a motor vehicle. The 50 hours shall be in addition to the required hours spent with a driver education instructor. The person completing the certification shall, upon signing the certification, swear under penalty of perjury that everything contained within the certification is true and correct.
d) Applicants for a Real ID compliant driver's license who are 18, 19 or 20 years of age who have not previously been licensed and who have not successfully completed an approved driver education course or the classroom portion of an approved driver education course shall not be issued a driver's license unless the applicant has successfully completed an adult driver education course offered by an adult driver education course provider and proof of that completion has been submitted to the Secretary by the adult driver education course provider.
e) A photograph shall be taken of a Real ID compliant driver's license or identification card applicant.
f) A Real ID compliant driver's license or identification card shall bear the applicant's full legal name (first name, middle names and last names). Use of initials or nicknames is prohibited.
g) The applicant's social security number shall be verified via Social Security Online Verification (SSOLV) and shall be reverified at every renewal.
h) If an applicant presents a United States passport or passport card, it shall be verified via the U.S. Passport Verification Service (USPVS).
i) If an applicant presents a foreign passport accompanied by an I-94 reflecting the date of the most recent admission into the United States, a permanent resident card or an employment authorization document, it shall be verified via Systemic Verification for Alien Entitlements (SAVE) and shall be reverified at every renewal.
j) If an applicant presents a certified birth certificate issued by a State Office of Vital Statistics or equivalent agency in the individual's state of birth, it shall be verified via Electronic Verification of Vital Events (EVVE) only if EVVE is able to verify birth certificates from every state and territory dating back to a time sufficient to verify applicants of every age.
k) The Secretary shall not issue a Real ID compliant driver's license to any person who holds a Real ID compliant identification card in Illinois. The Secretary shall not issue a Real ID compliant identification card to any person who holds a Real ID compliant driver's license in Illinois. The Secretary shall not issue a Real ID compliant driver's license or identification card to any person who holds any type of a driver's license or identification card in another state. To determine if an applicant holds a driver's license or identification card in another state, the Secretary shall submit an inquiry via State to State (S2S) Verification Service.
l) A secure temporary driver's license or identification card, valid for 90 days, shall be issued at the facility upon completion of all the requirements of this Section and IVC Chapter 6. Upon successful completion of verification by the Secretary of State, which may include, but is not limited to, a facial recognition examination of the applicant's image against the Secretary of State image database and verification of residency, the applicant shall be mailed a Real ID compliant driver's license or identification card to the address provided by the applicant.
m) An applicant whose immigration documents are submitted to SAVE for verification and for whom SAVE requires additional verification shall be issued a 90-day temporary driver's license or identification card. The temporary driver's license or identification card may be re-issued for another 90-day period. If the applicant is unable to resolve the issue with SAVE by the end of the second 90-day period, no driver's license or identification card shall be issued to the applicant.
n) The fees collected for the issuance of an original, renewal, duplicate or corrected Real ID compliant driver's license shall be in accordance with IVC Section 6-118. The fees collected for the issuance of an original, renewal, duplicate or corrected Real ID compliant identification card shall be in accordance with Section 12 of the Identification Card Act.
o) A Real ID compliant driver's license shall expire in accordance with IVC Section 6-115. A Real ID identification card shall expire in accordance with Section 8 of the Identification Card Act.
p) The Secretary shall photocopy or scan and maintain the documents submitted to the Secretary by a Real ID applicant.
q) A Real ID compliant driver's license or identification card shall bear a gold star. A Real ID compliant driver's license or identification card issued to an applicant who is not a United States citizen, not permanent resident, does not have an approved application for asylum in the United States, or did not enter the United States in refugee status shall bear the words "limited term".
r) An applicant applying for the first time for a CDL, passenger endorsement, school bus endorsement or hazardous materials endorsement or upgrading a CDL must complete entry-level driver training.
**History**
- *Source: Amended at 48 Ill. Reg. 9020, effective July 1, 2024*
##### **92 Ill. Adm. Code 1030.9** Mobile Driver's Licenses and Identification Cards {#sec-1030.9 omnilex-key=us-il-regs-official--title-92--1030.9}
a) A person who holds a current, valid physical Illinois driver's license may apply for a mobile driver's license. A person who holds a current, valid physical Illinois identification card, including an Illinois person with a disability identification card, may apply for a mobile identification card.
b) A mobile credential may be added to a digital wallet of participating digital wallet providers.
c) Applicants for a mobile credential must download or access the digital wallet software application of the participating digital wallet provider compatible with the applicant's mobile device. Applicants will be guided through a series of steps to complete their application which may include taking a selfie and taking a photo of the front and back of the applicant's physical credential and which shall include the minimum privacy and security requirements of the digital wallet provider. The photos shall be encrypted and electronically transmitted to the Department by the digital wallet provider.
d) Mobile credentials shall comply with the device retrieval model outlined in ISO/IEC standard 18013-5 as incorporated by reference in subsection (s). Mobile credentials shall be implemented by the Department and the digital wallet provider with protections to maximize unlinkability of presentations of relying parties, by minimizing the sharing of static or long-lived data, which is data that remains constant and does not change frequently or is accessible for extended periods of time.
e) The Department will compare the photos it receives from the applicant against the data provided and photograph taken for the issuance of the physical credential. If validated, the application for a mobile credential is approved, and the mobile credential is automatically added to the digital wallet.
f) Denial of a mobile credential.
1) If the selfie or photographs of the physical credential submitted cannot be verified with the photograph taken and data provided when the physical credential was issued, the application for a mobile credential will be denied. Reasons that data or a photograph may not verify include, but are not limited to, blurry photos, photos that do not include the entire front and back of the physical credential, damage to the physical credential, and alteration of the physical card after issuance including any data on the face of the card or in the barcode.
2) Upon denial, the applicant may re-submit their data and photo.
g) Upon notification by the Department, the digital wallet will notify the applicant of the Department's decision to approve or deny a mobile credential.
h) After approval, mobile credential data resides on the applicant's mobile device and in the Department's driver's license and identification card database. No information regarding usage of a mobile credential, such as when or where it was used, shall be shared with or stored by the Department, the digital wallet provider, a relying party, or a mobile credential reader or verifier application. A transaction log of usage exists solely on the applicant's mobile device and is not accessible by anyone other than the holder of the mobile credential unless the holder shares the log. The transaction log shall contain the data requested and data transmitted, and as available, the relying party, retention and purpose. A holder of a mobile credential may clear their transaction log at their discretion.
i) Holders of a mobile credential shall carry their physical credential so long as required by law. (See 15 ILCS 335/4(i)(l); 15 ILCS 335/4(i)(3); and 15 ILCS 335/4(j))
j) Use of mobile credentials
1) A mobile credential may be used wherever it is accepted by a relying party.
2) A physical credential shall be accepted wherever a mobile credential is accepted.
k) A mobile credential may be accessed using biometrics such as fingerprint or face identification, or by PIN, pattern or password, as allowed by the digital wallet provider. If biometrics are used to access a mobile credential, the biometrics must be stored locally, on the mobile credential holder's mobile device.
l) A relying party may request only the mobile credential data necessary to complete the transaction for which data is being requested. [15 ILCS 335/4(g)(3)] Mobile credential data shall only be transmitted to a relying party if the holder of the credential data provides consent to release the credential to the relying party. Data shall be transmitted to the relying party electronically through a reader or verifier application and shall not require the mobile credential holder to physically surrender the mobile device.
m) Upon cancellation, suspension or revocation of a physical driver's license, mobile driver's license, physical identification card, or mobile identification card by the Department, the Department shall update the respective mobile credential. A mobile credential will be unlinked from the physical credential if fraud occurred when the mobile credential was provisioned.
n) The Department will push an update to the address on a mobile credential when the holder of the mobile credential changes their address in-person at a Driver Services facility or via the Secretary of State website.
o) A mobile credential, a mobile credential reader, a mobile credential verifier application, the Department, and a relying party shall not access any other data on the mobile credential holder's mobile device.
p) A mobile credential may be provisioned on a maximum of one phone and one smart watch at any given time.
q) A mobile credential holder may delete the credential from their digital wallet at any time without approval by the Department. Deletion shall not affect the validity of the physical credential.
r) When information is obtained from a driver's license or an identification card including a mobile driver's license or mobile identification card, to identify or prove the age of the holder of the license or identification card, or in the course of a commercial transaction, that information may be used only for purposes of identification of the individual or for completing the commercial transaction in which the information was obtained, including all subsequent payment, processing, collection, and other related actions. Information obtained from a mobile credential shall only be retained by the relying party for the time it takes to complete the transaction for which the information was obtained or as otherwise required by law. Information obtained from a driver's license or identification card, including a mobile driver's license or mobile identification card, may not be used for purposes unrelated to the transaction in which it was obtained, including, but not limited to, commercial solicitations. Information obtained from a driver's license or identification card, including a mobile driver's license or mobile identification card, to identify the holder of the license, or in the course of a commercial transaction, may not be sold, leased, or otherwise provided to any third party. [15 ILCS 335/14D(a) and 625 ILCS 5/6-117.1(a)]. An individual whose driver's license or identification card information, including mobile driver's license or mobile identification card data, has been used in violation of 15 ILCS 335/14D(a) and 625 ILCS 5/6-117.1(a), has a cause of action against the person who violates those statutes. [15 ILCS 335/14D(c) and 625 ILCS 5/6-117.1(b)]
s) This Section corporates and adopts by reference the "International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC) Standard 18013-5" (2021). Available from ISO Copyright Office, CP 401, Ch. De Blandonnet 8, Ch-1214 Vernier, Geneva, Switzerland. (No later amendments or additions).
**History**
- *Source: Added at 49 Ill. Reg. 13029, effective October 3, 2025*
## **Chapter II** Secretary of State
### **Part 1030** Issuance of Licenses
##### **92 Ill. Adm. Code 1030.10** What Persons Shall Not Be Licensed or Granted Permits {#sec-1030.10 omnilex-key=us-il-regs-official--title-92--1030.10}
The Secretary of State shall cancel the license of any individual when there is evidence that the person suffers, or has suffered, periods of temporary loss of consciousness. No person who suffers, or has suffered, from temporary periods of loss of consciousness shall operate a motor vehicle on the highways of this State unless and until that person agrees to authorize a competent medical specialist to report any change in condition that would impair the person's ability to safely operate a motor vehicle. No person who suffers, or has suffered, periods of temporary loss of consciousness shall operate a motor vehicle upon the highways of this State unless and until there is on file, in the Secretary of State's Office, a statement from a competent medical specialist that, in his or her opinion, the person can safely operate a motor vehicle. Statements submitted in accordance with this Section are for the confidential use of the Secretary of State to implement the provisions of IVC Section 6-103(8) and will not be otherwise available except by order of a duly constituted Court. This requirement has been applicable since July 21, 1973.
**History**
- *Source: Amended at 33 Ill. Reg. 2391, effective January 21, 2009*
##### **92 Ill. Adm. Code 1030.11** Procedure for Obtaining a Driver's License/Temporary Visitor's Driver's License (Renumbered) {#sec-1030.11 omnilex-key=us-il-regs-official--title-92--1030.11}
**History**
- *Source: Section 1030.11 renumbered to Section 1030.5 at 37 Ill. Reg. 19342, effective November 28, 2013*
##### **92 Ill. Adm. Code 1030.12** Identification Cards for the Homeless {#sec-1030.12 omnilex-key=us-il-regs-official--title-92--1030.12}
a) An applicant for an identification card who otherwise qualifies for an identification card and who submits a completed homeless status certification, completed no longer than 90 days before the date of application, shall be issued an identification card at no cost.
b) The homeless status certification may be completed and signed by:
1) a representative of a homeless service agency that receives federal, State, county or municipal funding to provide those services or that is otherwise sanctioned by local continuum of care;
2) an attorney licensed to practice law in the State of Illinois;
3) a public school homeless liaison or school social worker;
4) a human services provider funded by the State of Illinois to serve homeless or runaway youth, individuals with mental illness or individuals with addictions; or
5) a representative of a religious organization that offers services to the homeless.
c) The homeless status certification must also be signed by the applicant seeking the identification card.
d) The homeless status certification must be executed in front of a notary public. No fee shall be charged for any notarial act related to the execution of an Illinois Secretary of State Department of Driver Services Homeless Status Certification form. [5 ILCS 312/3-104(f)]
**History**
- *Source: Amended at 50 Ill. Reg. 9349, effective July 1, 2026*
## **Chapter II** Secretary of State
### **Part 1030** Issuance of Licenses
##### **92 Ill. Adm. Code 1030.13** Denial of License or Permit {#sec-1030.13 omnilex-key=us-il-regs-official--title-92--1030.13}
a) The Secretary of State shall deny driving privileges to any applicant under 18 years of age:
1) Who has committed or has been convicted of an offense that would otherwise result in a mandatory revocation of a license or permit as provided in IVC Section 6-205;
2) Who has been convicted of, or adjudicated a delinquent based upon, a violation of the Cannabis Control Act [720 ILCS 540], the Illinois Controlled Substances Act [720 ILCS 570], or the Methamphetamine Control and Community Protection Act [720 ILCS 646], while that individual was in actual control of a motor vehicle.
A) Any person placed on probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act shall not be considered convicted.
B) The conviction shall be reported to the Secretary of State's Office in a manner prescribed by IVC Section 6-107;
3) Who has been charged with a violation of the Illinois Vehicle Code or the Criminal Code of 1961 [720 ILCS 5] arising out of an accident in which the person was involved as a driver that caused the death of or a Type A injury to another person. [625 ILCS 5/6-108.1]
b) The Secretary of State shall deny a driver's license to any applicant under 18 years of age:
1) Who has not attained the age of 16, who has not passed an approved driver education course as defined in IVC Section 1-103 or has not submitted proof of having passed the course as may be required by the Secretary of State; or
2) Who has been convicted of a violation of IVC Section 6-101 or a similar provision of a local ordinance or a similar out-of-state offense regarding operating a motor vehicle without a valid driver's license or permit committed on or after January 1, 1998.
c) The Secretary of State shall deny a driver's license to any applicant under 18 years of age for a period of nine months or until the applicant's 18th birthday, whichever period is shorter, who has been convicted of an offense against traffic regulations governing the movement of vehicles or any violation of IVC Section 6-107 or 12-603.l.
d) The Secretary of State shall deny a driver's license or permit to any applicant who has been adjudicated under the Juvenile Court Act of 1987 [705 ILCS 405] based upon an offense that is determined by the court to have been committed in furtherance of the criminal activities of an organized gang, as provided in Section 5-710 of that Act, and that involved the operation or use of a motor vehicle or the use of a driver's license or permit. The applicant shall be denied a license or permit until his/her 18th birthday or until a period specified by the court.
e) Any applicant who has been denied a license or permit under the provisions of IVC Section 6-107 may appeal to the Department of Administrative Hearings pursuant to IVC Section 2-118.
**History**
- *Source: Amended at 33 Ill. Reg. 2391, effective January 21, 2009*
##### **92 Ill. Adm. Code 1030.14** Emergency Contact Database {#sec-1030.14 omnilex-key=us-il-regs-official--title-92--1030.14}
a) The Illinois Secretary of State shall establish an emergency contact database. Eligible participants are any persons for whom an instruction permit, temporary visitor's instruction permit, driver's license, temporary visitor's driver's license or identification card record exists and can be authenticated on the Secretary of State driver's license and identification card database.
b) For the purposes of this Section, "emergency" is defined as a motor vehicle accident, accident involving another mode of transportation, a natural disaster, a criminal act, or similar unforeseen emergency circumstance in which a victim sustains injuries that render him or her unable to independently communicate with emergency contacts, contact information is not otherwise available, and immediate communication with a next of kin or other designated emergency contact is necessary in order to support the provision of needed emergency medical assistance or needed notification by law enforcement.
c) Participation in the emergency contact database shall be made available through the Secretary of State's official web site. The applicant/participant shall be responsible for initiation of participation in the database, and for modification of and deletion of an existing emergency contact record and disability and special needs information. Emergency contact records may otherwise be modified only to update applicant/participant name information if it is changed by the applicant/participant on the Secretary of State's driver's license and identification card database. Emergency contact records shall otherwise not be modified and shall otherwise only be deleted when the driver's license or identification record no longer exists on the Secretary of State's driver's license and identification card database.
d) No more than two contact persons may be selected by each applicant/participant. The applicant shall be responsible for the accuracy and completeness of all information submitted.
e) The applicant/participant in the emergency contact database shall provide sufficient information to allow for authentication of the instruction permit, temporary visitor's instruction permit, driver's license, temporary visitor's driver's license or identification card record, and shall provide sufficient information regarding each contact's name, address, telephone number if the contact has a telephone, and relationship to the applicant/participant to allow for the identification of and location of his/her chosen contacts by law enforcement accessing the database.
f) All requests to add, modify or delete a record in the emergency contact database, including disability or special needs information, shall be confidential. Information contained in the emergency contact database shall only be released to law enforcement in the course of official duties or pursuant to a court order. Law enforcement may share information contained in the emergency contact database, including disability and special needs information, with other public safety workers on scene, as needed to conduct official law enforcement duties.
g) A participant in the emergency contact database may indicate that the participant has a disability or special needs. A participant in the emergency contact database is not required to indicate a disability or special need.
**History**
- *Source: Amended at 37 Ill. Reg. 19342, effective November 28, 2013*
##### **92 Ill. Adm. Code 1030.15** Cite for Re-testing {#sec-1030.15 omnilex-key=us-il-regs-official--title-92--1030.15}
a) An authorized source or immediate family member may submit information to the Department relative to the vision, mental, or physical condition of a driver, including suspected chronic alcoholism or habitual use of narcotics or dangerous drugs, if that condition interferes with the person's ability to operate a motor vehicle safely (see IVC Sections 6-900 through 911). Upon receipt of a written request citing good cause, the Department shall require a driver to submit to driver's license re-testing. All written requests shall be confidential and signed by the source unless sent electronically, and the Secretary of State shall not release the information without a court order. For purposes of this Section, immediate family member means spouse, parent, grandparent, sibling, or child. [625 ILCS 5/6-911]. An immediate family member reporting information to the Department must do so by submitting a Request for Driver Review form.
b) The Department shall notify the driver of the obligation to appear within five days on a choice of three given dates at a designated driver services facility nearest in location to the city or town of residence that is recorded on the driver's most recent license renewal. There will be a 10-day grace period after the third given date before the Department will cancel the driver's license or permit. If the driver notifies the Department that he/she will be unable to appear on any of the three designated dates but prior to the final day of the 10-day grace period and provides a statement on official letterhead, signed by a competent medical specialist stating that, due to an existing medical condition, the driver is or will be unable to appear on any of the three designated dates, the Department shall issue three more dates on which the driver may appear for re-testing. There will also be a 10-day grace period after the last date given for appearance prior to the Department canceling the driver's license or permit. If the driver notifies the Department that he/she will not be able to appear during any of the second set of dates, but prior to the final day of the 10-day grace period, and provides a statement on letterhead signed by a competent medical specialist that states, due to an existing medical condition, the driver is or will be unable to appear during any of the second set of dates, the Department shall notify the driver of a final set of three dates on which the driver may appear. Once the 10-day grace period expires, the Department will cancel the driver's driving privileges. The driver may not request additional dates to appear for re-testing.
c) Cited drivers shall be tested on the specific sections of the driver's license test indicated by an authorized source in the written request for re-testing received by the Department. If an authorized source does not indicate which part or parts of the driver's license test should be administered, the Department shall administer the cited driver the complete driver's license test. The Department shall determine what tests shall be administered to a driver who is cited as the result of a Request to Review form submitted by an immediate relative, which shall be based on the driving behavior specified by the immediate family member.
d) Drivers cited for any portion of the test shall receive only one opportunity to pass the test. Failure to pass any required portion of the test shall result in the cancellation of the person's driver's license in accordance with IVC Section 6-201. A driver involved in an at-fault motor vehicle crash during the road exam is deemed to have failed the road test. Failure of the driver cited to appear on any one of the three alternative dates indicated on the notice, or during a 10-day grace period that follows the last date, will result in the cancellation of the driver's license. A cited driver who passes all administered sections of the driver's license test shall be deemed to be in compliance with the Department's request, and shall be allowed to retain a valid driver's license.
e) A cited driver required to take the road exam who is involved in an at-fault motor vehicle crash during the road exam is required to submit a medical report, completed after the date of the crash, to the Department, which shall be submitted to the Board for review. The person's driver's license shall remain cancelled unless and until the Department receives a recommendation from the Chairperson of the Board that, in its professional opinion, the driver is medically fit to safely operate a motor vehicle. The Board may refer the driver to a driver rehabilitation specialist for assessment and may require the person to complete any rehabilitation or training or use of adaptive devices recommended by the rehabilitation specialist.
f) Driver's license tests shall be administered to the cited driver at no fee.
g) In the event of application error, two requests shall be made of the licensee to return to a Driver Services Facility to obtain a corrected license. If the licensee complies, a corrected driver's license shall be issued without a fee. If the licensee fails to comply, he/she shall be cited for re-testing. Failure to appear for re-testing or failure to pass the test shall result in cancellation of the driver's license.
h) If a facility errs in not giving a certain section of the driver's license test and the licensee has not complied with two written requests to return to a Driver Services Facility for re-testing, the driver will be cited for the section of the test previously omitted. If appearance is made and the cited driver passes the administered section of the driver's license test, he/she shall retain his/her driver's license. If the licensee fails to appear or fails the test, the driver's license shall be canceled.
**History**
- *Source: Amended at 50 Ill. Reg. 9349, effective July 1, 2026*
##### **92 Ill. Adm. Code 1030.16** Physical and Mental Evaluation {#sec-1030.16 omnilex-key=us-il-regs-official--title-92--1030.16}
a) The Department shall require a driver to submit a medical report from a competent medical specialist when:
1) The driver answers in the affirmative to any question on the driver's license application regarding physical or mental health pursuant to IVC Section 6-109 or otherwise makes a self-admission.
2) The Department receives written comments and/or recommendations based upon firsthand knowledge or pursuant to an official investigation that brings into question a driver's physical or mental ability to safely operate a motor vehicle. The comments and/or recommendations are confidential and must be submitted on official letterhead or a form designed by the Department and signed by an authorized source.
3) The Department receives an Adjudication of Disability court order in which where the court appointed a guardian to manage the financial affairs or the estate of the person.
4) The driver is renewing a driver's license that, at the time of issuance, required the driver to submit a medical report, except as provided in subsection (l).
5) The Department receives a mandatory law enforcement report or message, based on first-hand knowledge or pursuant to an official investigation, that brings into question a driver's physical or mental ability to safely operate a motor vehicle.
6) A driver, cited under Section 1030.15, is involved in a motor vehicle crash during a road exam.
7) The Department receives a Request for Driver Review for submitted by an immediate family member of a driver that contains sufficient information that indicates the driver has a physical, mental, vision, or behavioral condition that is likely to cause a loss of consciousness or may impair the driver's ability to safely operate a motor vehicle. For purposes of this Section, "immediate family member" means spouse, parent, grandparent, sibling, or child. [625 ILCS 5/6-911]
b) The Department shall cancel or medically deny driving privileges upon receipt of an Adjudication of Disability order in which a court of competent jurisdiction appointed a plenary guardian to make responsible decisions concerning the care of the person or of both the person and his/her financial affairs or estate or appointed a limited guardian and made a finding that the disabled person could not retain their driver's license pursuant to Section 11a-3 of the Probate Act of 1975 [755 ILCS 5], or the Department receives an order finding the driver unfit to stand trial.
1) The notice of cancellation shall be mailed to the court-appointed guardian and the driver.
2) The cancellation order shall remain in effect until the Department receives an order by a court of competent jurisdiction terminating the adjudication of disability entered pursuant to Section 11a-20 of the Probate Act of 1975 [755 ILCS 5] or the driver is found fit to stand trial.
3) After receipt of an order of restoration, the Department shall request a favorable medical report. Upon receipt of a favorable medical report, the cancellation order shall be terminated and the person may reapply for driving privileges as outlined in IVC Section 6-106.
c) The Department shall cancel or medically deny a driver pursuant to IVC Sections 6-103(8) and 6-201(a)(5), if one or more of the authorized sources submits a mandatory law enforcement report or a signed, written notification on official letterhead to the Department that, based upon firsthand knowledge or pursuant to an official investigation, the person was the driver of a motor vehicle involved in any type of accident or incident resulting from a seizure, an attack of unconsciousness or a blackout.
1) Following a cancellation or denial of driving privileges, the driver must submit a medical report to be forwarded to the Board and abide by all subsequent requests by either the Department or the Board, if any, for further information and/or clarification prior to being eligible to reapply.
2) Any medical reports and/or other information concurrently or subsequently received by the Department shall be referred along with the entire case to the Board for determination as to the driver's ability to safely operate a motor vehicle as outlined in subsection (j).
d) The Department is authorized to cancel, pursuant to IVC Section 6-201(a)(8), any driver's license or permit upon determining that a driver failed to report to the Secretary of State, within 10 days after the driver became aware of the condition, as required by IVC Section 6-116.5, the existence of a medical condition that is likely to cause loss of consciousness (i.e., inability of the driver to sustain consciousness throughout the entire interval in which he/she intends to drive) or loss of ability to safely operate a motor vehicle. If a driver's license is canceled and a favorable medical report is subsequently received, the cancellation shall be rescinded.
e) When a driver is required to submit a medical report or clarification on a questionable medical report pursuant to subsections (a)(2), (3), (5), and (7), the Department shall furnish the appropriate form to the driver to be completed by a competent medical specialist. The driver must resubmit the completed medical report or requested information to the Department within 20 days.
1) If a medical report is not received by the Department within 20 days, the driver's license shall be canceled or the driver medically denied driving privileges.
2) If a driver's license is canceled and a preliminary favorable medical report or favorable medical report is subsequently received, the cancellation shall be rescinded, provided an unfavorable medical report is not received.
f) If a driver fails to submit a medical report pursuant to subsection (a)(4), the Department shall cancel or medically deny driving privileges pursuant to IVC Sections 6-103(8) and 6-201(a)(5). If the Department subsequently receives a preliminary favorable medical report or favorable report, the cancellation shall be rescinded, provided an unfavorable medical report is not received.
g) Except as provided in subsection (k), if, pursuant to subsection (a), the Department receives a favorable medical report, the Department shall authorize the issuance or renewal of driving privileges, unless the driver is otherwise ineligible.
h) If, pursuant to subsection (a), the Department receives an unfavorable medical report, the Department shall cancel or medically deny the driving privileges pursuant to IVC Sections 6-103(8) and 6-201(a)(5).
i) Except as provided in subsection (k), if, pursuant to subsection (a), the Department receives a preliminary favorable medical report, the Department shall authorize the issuance or renewal of driving privileges, unless the driver is otherwise ineligible. The Department shall then make a further determination as to the type of information and/or clarification that is needed to finish processing the report.
1) If the report is incomplete or not current, a request shall be made to the driver to obtain the necessary information required to process the report.
A) If the Department requests additional information from the driver, and the Department does not receive this information within 45 days after the written request, the Department shall cancel or medically deny the renewal of the driving privileges pursuant to IVC Sections 6-103 and 6-201.
B) If a cancellation order is entered based upon an incomplete medical report or one that is not current, and information is received to make the medical report favorable or preliminarily favorable, a rescind order shall be entered, provided an unfavorable medical report is not received.
2) If the report is questionable, the Department may forward the medical report to the Board for determination as to the driver's ability to safely operate a motor vehicle as outlined in subsection (j).
j) If the Department receives a report from a competent medical specialist indicating the driver failed to abide by any of the terms of the medical agreement, the Department shall:
1) cancel or medically deny the driving privileges if the medical report does not contain a professional opinion that the driver can safely operate a motor vehicle, and may, pursuant to subsection (k), forward the entire case to the Board for determination as to the driver's ability to safely operate a motor vehicle; and
2) forward the entire case to the Board for determination as to the driver's ability to operate a motor vehicle, if the medical report or medical statement contains a professional opinion that the driver can safely operate a motor vehicle; and
3) cancel or medically deny driving privileges if the medical report or medical statement contains a professional opinion that the driver cannot safely operate a motor vehicle; the entire file shall be considered an unfavorable medical report as outlined in subsection (g).
k) The Department shall forward a driver's case to the Board when:
1) the driver was medically denied or canceled based upon the Board's last recommendation;
2) the Board has requested to review intermittent reports;
3) a different competent medical specialist submits a favorable medical report contradictory to an unfavorable medical report on file that was used as the basis to deny or cancel driving privileges;
4) the Department receives a request from a driver who wishes to have all medical reports on file with the Department reviewed by the Board;
5) the Department receives a request from a driver who wishes to appeal a Type B, C, D, E, F, G, J01 or any other medical restriction that has been added to a driver's license or permit pursuant to Section 1030.92; or
6) the driver, after a cite, was involved in a motor vehicle crash during a road exam.
l) When a case is referred by the Department to the Board for review, the case shall be initially reviewed in the following manner:
1) The Department shall assign the case to an individual Board member based upon the member's specialty or field of expertise. The Department shall serve as a correspondent for the collection and distribution of all medical reports and/or other information between the driver and the Board.
2) Upon receipt of the case from the Department, the individual Board member shall review the entire file and prepare an informal determination regarding the driver's medical ability to safely operate a motor vehicle for submission to the Chairperson.
A) The Board member shall consider the driver's past driving record as evidenced by the driving abstract, medical reports, and any other medical or other information deemed to have probative value by the Board member regarding the driver's medical case.
B) The Board member shall consider any medications and/or rehabilitative devices currently being used or available to the driver.
C) The Board member shall use the medical criteria listed in Section 1030.18 when reviewing the driver's medical condition.
3) When reviewing a medical case, the Board member may require the driver to submit to further medical examinations and/or a driving assessment conducted by a driver rehabilitation specialist and to agree to make the results of these examinations/assessments available to the Board member for use in rendering an informal determination.
A) The driver shall be solely responsible for the selection, scheduling and expenses related to any additional examinations/assessments that may be required.
B) While the Board member may designate the type of physician, medical specialist or driver rehabilitation specialist from whom the driver needs further examination/assessment, the Board member shall not recommend a particular physician, medical specialist or driver rehabilitation specialist.
C) The driver shall have up to 45 days from the date of the Department's written request to submit additional reports.
D) The driver's license of any driver who refuses to submit to additional examinations as requested, or refuses to make these reports available to the Board member, shall be canceled or medically denied until the driver complies with the Board member's request and the Board member is able to render an informal determination to the Chairperson pursuant to IVC Sections 6-103 and 6-201.
4) The informal determination shall include the medical condition of the driver and the limitations associated with the condition that could reasonably impair a driver's ability to safely operate a motor vehicle; the scope of driving privilege, if any; and the reasons for the Board member's decision.
5) All stages of the informal determination process shall be made as soon as possible, given the individual Board member's and Chairperson's caseload and the complexity of the case.
6) The name of the Board member rendering the informal determination shall not be disclosed.
m) Upon receipt of the informal determination from the Board member, the Chairperson shall make a formal determination to the Department regarding the driver's medical fitness to safely operate a motor vehicle and the scope of licensure, if any, including the use of mechanical devices and/or other conditions for driving.
1) The formal determination by the Chairperson shall include the existence of the medical condition and/or limitation that may impair the driver's ability to safely operate a motor vehicle.
2) The formal determination shall also be based upon the Findings of Fact and opinion of the individual Board member, including, but not limited to, medical evaluations, reports submitted by medical specialists, including driver rehabilitation specialists, medications taken by the driver, the driving record, and other scientifically recognized information commonly accepted in the medical profession.
3) The formal determination shall also indicate the scope of driving privileges that would enable the driver to safely operate a motor vehicle, including the extent to which compensatory aids and devices must be used and may require the person to complete any rehabilitation or training recommended by the rehabilitation specialist.
4) In the event driving privileges are restricted or denied, the formal determination shall also state the reasoning for the restriction or denial in accordance with the medical criteria stated in Section 1030.18.
5) The Chairperson shall have the authority to confer with the Board member who rendered the determination, in the event the Chairperson needs to confirm or clarify any portion of the Board member's informal determination.
n) Upon receipt of the formal determination, the Department shall take the appropriate action, in accordance with the recommendation of the Chairperson, on behalf of the Board.
1) If the Department receives a recommendation from the Board that in its professional opinion the driver is not medically fit to safely operate a motor vehicle, the Department shall enter an order canceling or medically denying driving privileges pursuant to IVC Sections 6-103 and 6-201.
2) If the Department receives a recommendation from the Board that in its professional opinion the driver is medically fit to safely operate a motor vehicle, the Department shall rescind or terminate any medically related cancellation or cancellation entered pursuant to Section 1030.15(e).
o) If a driver wants to contest a restriction, cancellation or denial of driving privileges, the Department must receive a written request from the driver for a panel review of the medical case within 30 days after the action taken by the Department. Panel review of the driver's medical case shall be made by a panel of three Board members selected by the Chairperson based upon the Board member's specialty or field of expertise. The Board member who rendered the formal determination shall participate in the panel review process. The following procedure shall apply to the medical case under panel review:
1) The Department shall notify the driver immediately and confirm the driver's request for panel review within seven working days after receipt of the written request.
2) The driver has 45 days from the date of the notice to submit all additional medical reports to the Department for consideration by the panel.
3) The driver may furnish additional medical reports and/or statements for review by the panel. The document must be returned to the Department at the address indicated on the confirmation notice.
4) The Department, at the direction of the Chairperson, shall prepare and forward the medical case to the panel upon receipt of the documents from the driver, or a written statement from the driver indicating the decision not to submit additional reports and to proceed with the review, or at the expiration of 45 days, whichever occurs first.
5) Each panel member shall consider the contents of the file that was used to make the formal determination, including additional medical reports submitted by the driver and any new entries listed on the driver's driving record. The panel shall use the same medical criteria and procedure that apply when reviewing an individual case, including the authority to request additional medical examinations as found in subsection (l)(3). The panel shall only consider evidence in written form. No oral testimony shall be allowed during this type of review.
6) The formal determination under panel review shall be made as soon as reasonably possible given the Board members' and Chairperson's caseload, and the complexity of the case. Panel review cases shall be given priority.
7) Upon completion of the panel review, the informal determination of each panel review member shall be forwarded to the Chairperson. The informal determination shall contain the same elements as outlined in subsection (l)(4).
8) Any restriction of driving privileges, cancellation or medical denial shall remain in effect until the Department notifies the driver in writing.
p) Upon receipt of each of the panel members' determinations, the Chairperson shall make a formal recommendation to the Department regarding the driver's ability to safely operate a motor vehicle and the scope of any licensure, including the use of mechanical devices and/or other conditions for driving.
1) The recommendation of the Chairperson shall be based upon the majority ruling of the members' informal determinations.
2) The Chairperson shall have the authority to confer with the members of the panel to confirm, clarify and formulate the recommendation to the Department.
3) The Chairperson's recommendation shall contain the same elements as outlined in subsections (l)(1) through (4).
q) The Department shall follow the recommendation of the Chairperson based upon the determination rendered by the panel.
1) If the Department receives a formal recommendation from the Chairperson to uphold the decision of the individual Board member who first reviewed the case, the action taken by the Department shall remain in effect.
2) If the Department receives a formal determination from the Chairperson to amend the original determination of the Board member who first reviewed the case, the Department shall follow the determination of the panel, including the recommendation of the granting of full or limited driving privileges or complete cancellation or denial of driving privileges.
3) The driver shall be notified immediately in writing by the Department of the panel's formal determination regarding his/her driving privileges. The driver shall also be notified in writing of his/her right to request a medical hearing.
r) A driver who wants to contest the cancellation or medical denial of driving privileges for medical reasons shall be entitled to a hearing in accordance with 92 Ill. Adm. Code 1001.Subparts A and E, and IVC Section 2-118.
s) Unless a competent medical specialist has submitted a medical report indicating the physical or mental condition or disability no longer exists, the Department shall require the driver to submit a medical report at each driver's license renewal.
1) The Department shall notify the driver at least 30 days prior to the expiration of his/her driver's license.
2) Notification shall be in writing and mailed to the driver's last known address as indicated on the Department's driving record. The notice shall state that the driver must submit a medical report when renewing a driver's license.
t) The Department shall require a driver to appear at a Driver Services Facility to receive a corrected driver's license if a competent medical specialist or the Board recommends a driver's license restriction pursuant to Section 1030.92.
1) The Department shall immediately provide written notification to the driver at the last known address indicated on the Department's driving record. The notice shall state that failure to comply within 20 days after the request will result in the cancellation of the person's driver's license pursuant to IVC Section 6-201.5.
2) The Department shall mail a medical restriction card to the driver describing the restrictions on the driver's license.
3) The driver must abide by the restrictions contained on the card.
4) The driver, upon receipt of the medical restriction card from the Department, shall carry the medical card with his/her driver's license when operating a motor vehicle.
5) If a driver's license is canceled for failing to comply with a written request from the Department, and the driver subsequently complies with all requests of the Department, the cancellation shall be rescinded or terminated.
u) The Department shall require periodic medical reports between renewals, if recommended by a competent medical specialist or the Board.
v) The Chairperson is authorized to appoint a designee to complete any of the duties required to be performed by the Chairperson as prescribed by this Section.
**History**
- *Source: Amended at 50 Ill. Reg. 9349, effective July 1, 2026*
## **Chapter II** Secretary of State
### **Part 1030** Issuance of Licenses
##### **92 Ill. Adm. Code 1030.17** Errors in Issuance of Driver's License/Cancellation {#sec-1030.17 omnilex-key=us-il-regs-official--title-92--1030.17}
a) In the event of a driver's license issuance error or administrative error, the Department shall provide the driver with written notice of his/her obligation to appear at a Driver Services Facility for issuance of a corrected driver's license without further testing pursuant to IVC Section 6-207. The Department shall allow the driver at least five but no more than 45 days from the notice date to obtain a corrected driver's license at no fee. No extension shall be granted to the driver, except upon receipt of a confirmed medical emergency.
b) A driver who obtains a corrected driver's license shall be in compliance with the Department's request and shall be allowed to retain driving privileges.
c) Refusal or neglect to obtain a corrected driver's license within the specified period shall result in the cancellation of driving privileges pursuant to IVC Sections 6-201(a)(1) and 6-207(b).
d) Any driver whose driver's license is canceled pursuant to this Section will be allowed to obtain a corrected driver's license without re-testing or paying an additional fee, if the driver is not otherwise ineligible.
e) An order rescinding the cancellation shall be entered on the record of the driver who obtains a corrected or renewed driver's license.
**History**
- *Source: Amended at 40 Ill. Reg. 13637, effective September 19, 2016*
##### **92 Ill. Adm. Code 1030.18** Medical Criteria Affecting Driver Performance {#sec-1030.18 omnilex-key=us-il-regs-official--title-92--1030.18}
a) The competent medical specialist and the Board shall review and apply the following medical criteria when rendering to the Department a medical opinion of a driver's ability to safely operate a motor vehicle.
1) The driver must possess the emotional and intellectual ability to operate a motor vehicle. The driver's medical condition must be controlled as follows:
A) be free from distractions caused by hallucinations;
B) be free from impulsive behavior, homicidal tendencies and/or suicidal tendencies;
C) be oriented with advanced preparation of the driver's destination;
D) be able to recognize and understand symbols of language and road signs and possess the ability to not only see objects in the field of vision, but also to recognize their significance and to react to them with sufficient speed to avoid a catastrophe;
E) possess sufficient memory to recall the driver's destination, the significance of road signs and hazards, and the operational control of the motor vehicle;
F) be able to distinguish left from right and to judge distance and relative speed of the motor vehicle as well as other vehicles that may present a potential danger.
2) The driver must possess the motor and sensory abilities to safely operate a motor vehicle. The driver's medical condition must be controlled as follows:
A) the ability to sit in a stable and erect posture and hold the head erect throughout an intended driving interval;
B) be able to turn the head at least 25 degree in either direction in order to amplify the field of vision;
C) be able to control the motor vehicle with ease, including the gripping of the steering wheel and reaching of the controls and pedals, all without unbalancing or stressing the driver;
D) be able to perform all routine operations of the motor vehicle with steady, well coordinated movements. The reaction time of the driver must be average and not limited by muscle, joint or skeletal deformity.
3) The driver must have the ability to sustain consciousness throughout the entire intended driving interval.
4) The driver must be free from severe pain that could cause sudden incapacitation or the inability to control a motor vehicle.
5) The driver must be able to meet the vision requirements set forth in Sections 1030.70 and 1030.75.
6) The driver must not be medicated to the extent of being incapable of safely operating a motor vehicle.
b) The competent medical specialist and the Board shall evaluate the severity and/or limitations of the medical condition a driver may have on a case-by-case basis. The Board may at any time request additional information to assist it in evaluating the driver's medical case. The Board shall take into account the driver's past driving history and any underlying documents requested by the Board or submitted by the driver and any documents relating to any accident, as well as all medication and/or any mechanical mechanism being used by, or otherwise available to, the driver.
c) The competent medical specialist and the Board each have the authority to recommend full or limited driving privileges to the Department, including, but not limited to, restricted driving hours or miles, use of mechanical devices, and other conditions the competent medical specialist and the Board deem appropriate, such as requesting follow-up medical reports, depending upon the circumstances of the medical case.
d) The competent medical specialist and the Board each have the authority to recommend medical denial of driving privileges indefinitely, or for a specific period of time.
e) Information, to the extent known by the competent medical specialist, to be considered in determining if an individual is medically fit to safely operate a motor vehicle, shall include, but is not limited to:
1) History of illness;
2) Severity of symptoms and prognosis;
3) Complications and/or co-morbid conditions;
4) Treatment and medications, effects and side effects, and person's knowledge and use of medications;
5) Results of medical tests and reports of laboratory findings;
6) Functional ability, including mental or emotional function;
7) Reports of driver conditions or behavior;
8) Traffic accidents that have been caused by a medical condition. Temporary medical conditions (e.g., broken limbs) are not to be considered under this subsection (e).
f) The Department shall determine if an individual is qualified to safely operate a motor vehicle based on a vision test, the individual's knowledge of traffic laws, road signs and rules of the road, vehicle equipment and safe driving practices, and a road test as outlined in IVC Section 6-109.
**History**
- *Source: Amended at 33 Ill. Reg. 2391, effective January 21, 2009*
## **Chapter II** Secretary of State
### **Part 1030** Issuance of Licenses
##### **92 Ill. Adm. Code 1030.20** Classification of Drivers – References (repealed) {#sec-1030.20 omnilex-key=us-il-regs-official--title-92--1030.20}
**History**
- *Source: Repealed at 33 Ill. Reg. 2391, effective January 21, 2009*
##### **92 Ill. Adm. Code 1030.22** Medical Examiner's Certificate – CLP or CDL Holders {#sec-1030.22 omnilex-key=us-il-regs-official--title-92--1030.22}
a) Every person who holds a CLP or CDL must meet the requirements set forth in 49 CFR 383.71(a)(2) through (a)(9) and (h) (October 1, 2014) and self-certify with the Department as one of the following:
1) Non-excepted interstate (NI) – Operates or expects to operate in interstate commerce, is both subject to and meets the qualification requirements under 49 CFR 391 (2011), and is required to obtain a medical examiner's certificate by 49 CFR 391.45 (October 1, 2014);
2) Excepted interstate (EI) – Operates or expects to operate in interstate commerce, but engages exclusively in transportation or operations excepted under 49 CFR 390.3(f), 391.2, 391.68 or 398.3 (October 1, 2014) from all or parts of the qualification requirements of 49 CFR 391 (October 1, 2014), and is therefore not required to obtain a medical examiner's certificate by 49 CFR 391.45 (October 1, 2014);
3) Non-excepted intrastate (NA) – Operates or expects to operate only in intrastate commerce and is both subject to and meets the qualification requirements under 49 CFR 391 (October 1, 2014), as incorporated by reference at 92 Ill. Adm. Code 391.2000, and is required to obtain a medical examiner's certificate by 49 CFR 391.45 (October 1, 2014). (See 92 Ill. Adm. Code 391.2000(c) for intrastate exceptions.); or
4) Excepted intrastate (EA) – Operates in intrastate commerce, but engages exclusively in transportation or operations excepted from all or parts of the State driver qualification requirements and is therefore not required to obtain a medical examiner's certificate by 49 CFR 391.45 (October 1, 2014).
b) Every applicant for a CLP or CDL, including a renewal and upgraded CLP or CDL, must self-certify as set forth in subsection (a).
c) Failure, by a current CDL holder, to self-certify with the Department by January 30, 2014 will result in the cancellation of the CDL privileges.
d) Pursuant to 49 CFR 383.73(a)(5) (October 1, 2014), the Department shall require a CLP or CDL holder to submit a medical examiner's certificate when the driver self-certifies to non-excepted interstate (NI) driving operations (see subsection (a)(1)).
e) Intrastate drivers subject to subsection (a)(3) are not required to submit a medical examiner's certificate to the Secretary when the driver self-certifies to NA driving privileges.
f) The medical examiner's certificate must be submitted on a form approved by the Department and contain the following information:
1) Signature of medical examiner;
2) Medical examiner's telephone number;
3) Date of issuance of the medical examiner's certificate;
4) Medical examiner's full name;
5) Medical examiner's specialty;
6) Medical examiner's license/certificate number and issuing state;
7) Driver's signature;
8) Driver's license number and issuing state;
9) Driver's residence address;
10) Expiration date of the medical examiner's certificate;
11) Medical Examiner's National Registry Number.
g) The Department shall require a CLP or CDL holder to submit a medical variance when the medical examiner's certificate indicates a medical variance is required.
h) Within 10 calendar days after the receipt of a medical examiner's certificate, medical variance or notification from FMCSA that a medical variance was removed or rescinded, the Department shall update the CDLIS driver record.
i) If the Department receives notification that a CLP or CDL holder has been granted a medical variance and the most recent medical certificate on file with the Department does not contain a medical variance, the CLP or CDL holder shall be required to submit a current medical examiner's certificate reflecting the variance and to appear at a CDL facility to have a corrected CLP or CDL issued. If, within 20 days after notification by the Department, the CLP or CDL holder fails to submit an updated medical examiner's certificate or to have a corrected CLP or CDL issued, the driver's CLP or CDL privileges will be cancelled pursuant to IVC Section 6-201(a)(12).
j) All CLP or CDL holders who have certified to non-excepted interstate (NI) driving must maintain on file with the Department a current medical examiner's certificate and, if applicable, a medical variance.
1) The Department shall notify the driver in writing at least 90 days prior to the expiration of his or her medical examiner's certificate and/or medical variance that a new certificate and/or variance must be filed with the Department.
2) The Department shall, within 10 days after the expiration of the driver's medical examiner's certificate and/or medical variance, update the medical certification status to "not certified".
3) Failure of the CLP or CDL holder to submit a new medical examiner's certificate and/or medical variance within 30 days after the expiration date of the most recent medical examiner's certificate and/or medical variance on file will result in the cancellation of the CLP or CDL privileges pursuant to IVC Section 6-201(a)(12).
A) The cancellation shall take effect on the 31st day after the expiration of the medical examiner's certificate and/or medical variance.
B) The cancellation order shall remain in effect until the driver:
i) Provides a current and completed medical examiner's certificate and, if applicable, a medical variance; or
ii) Appears at a CDL facility, downgrades to a non-CDL license and has a corrected driver's license issued; or
iii) Changes the self-certification to excepted interstate, excepted intrastate or non-excepted intrastate.
4) If the commercial driving privileges are cancelled and a current and completed medical examiner's certificate and/or medical variance is subsequently received, the cancellation shall be rescinded.
k) If the Department receives notification from FMCSA that it has removed or rescinded a medical variance, the Department shall change the medical certification status to "not certified" on the CDLIS driving record and immediately cancel the CLP or CDL privileges.
1) The Department shall notify the driver that one of the following requirements must be met in order to clear the cancellation:
A) Provide a current and completed medical examiner's certificate that indicates a variance is no longer necessary; or
B) Appear at a CDL facility, downgrade to a non-CDL license and have a corrected driver's license issued; or
C) Change self-certification to excepted interstate, excepted intrastate or non-excepted intrastate.
2) If the commercial driving privileges are cancelled and a current and completed medical examiner's certificate and medical variance is subsequently received, the cancellation shall be rescinded.
l) If the Department receives notification from FMCSA that it has removed or rescinded a medical examiner's certificate, the Department shall change the medical certification status to "not certified" on the CDLIS driving record and immediately cancel the CLP or CDL privileges.
1) The Department shall notify the driver that one of the following requirements must be met in order to clear the cancellation:
A) Provide a current and completed medical examiner's certificate; or
B) Appear at a CDL facility, downgrade to a non-CDL license and have a corrected driver's license issued; or
C) Change self-certification to excepted interstate, excepted intrastate or non-excepted intrastate.
2) If the commercial driving privileges are cancelled and a current and completed medical examiner's certificate and, if applicable, medical variance is subsequently received, the cancellation shall be rescinded.
m) The Department shall not accept an incomplete medical examiner's certificate. If a driver submits an incomplete medical examiner's certificate, the Department shall notify the driver, in writing, that the submitted medical examiner's certificate was incomplete and direct the driver to provide a completed medical examiner's certificate. Failure of the CLP or CDL holder to submit a completed medical examiner's certificate to the Department within 30 days will result in the cancellation of the CLP or CDL privileges pursuant to IVC Section 6-201(a)(12).
1) The cancellation order shall take effect on the 31st day and shall remain in effect until the driver:
A) Provides a current and completed medical examiner's certificate and, if applicable, a medical variance; or
B) Appears at a CDL facility, downgrades to a non-CDL license and has a corrected driver's license issued; or
C) Changes the self-certification to excepted interstate, excepted intrastate or non-excepted intrastate.
2) If the commercial driving privileges are cancelled and a current and completed medical examiner's certificate and, if applicable, medical variance are subsequently received, the cancellation shall be rescinded.
n) The Department shall require a CLP or CDL holder to obtain a corrected driver's license with a restriction if the CLP or CDL holder submits a medical examiner's certificate that indicates the driver is medically approved to operate a CMV conditioned upon a restriction.
1) Failure to appear at a CDL facility within 20 days to add the proper restriction to the CLP or CDL and pay the appropriate fee for a corrected driver's license will result in the cancellation of CLP or CDL privileges pursuant to IVC Section 6-201(a)(11).
2) If the CLP or CDL privileges are canceled and the driver subsequently appears at a CDL facility, has the restriction added to the driver's license and has a corrected CLP or CDL issued, the cancellation shall be cleared.
o) If the Department receives notification from a medical examiner or FMCSA that a medical certificate or information used to obtain a medical certificate is fraudulent, the Department shall change the medical certification status to "not certified" on the CDLIS driving record and immediately cancel the CDL privileges.
1) The Department shall notify the driver that one of the following requirements must be met in order to clear the cancellation:
A) Provide a current and completed medical examiner's certificate; or
B) Appear at a CDL facility, downgrade to a non-CDL license and have a corrected driver's license issued.
2) If the commercial driving privileges are cancelled and the driver appears at a CDL facility to downgrade to a non-CDL, the cancellation shall be cleared.
3) If the commercial driving privileges are cancelled and a subsequent current and completed medical examiner's certificate is subsequently received, an investigation shall be conducted to determine the authenticity of the subsequent medical certificate. Upon conclusion of the investigation, if it is determined that the subsequent medical certificate is authentic and is not based on any fraudulent information, and that the driver is medically fit to operate a commercial motor vehicle, the cancellation shall be cleared. If the investigation concludes the subsequent medical certificate is not authentic or was based on fraudulent information, or the driver is not medically fit to operate a commercial motor vehicle, the cancellation shall stand and the Department shall review the case for fraud sanctions.
p) Effective July 14, 2014, every person who holds a CLP or CDL and has self-certified to NA or EA operations must have a K restriction on his or her driver's license/driving record, in accordance with Section 1030.92.
**History**
- *Source: Amended at 40 Ill. Reg. 1882, effective January 12, 2016*
##### **92 Ill. Adm. Code 1030.25** Safe Driver License Renewals and Remote Renewals of Driver's Licenses and Identification Cards {#sec-1030.25 omnilex-key=us-il-regs-official--title-92--1030.25}
a) The Department may remotely renew a driver's license or identification card of a person who is not otherwise ineligible for a driver's license or identification card and meets the eligibility criteria for renewal as set forth in this Section. Eligible applicants are mailed a renewal notice indicating current eligibility for remote renewal, approximately 90 days prior to the expiration of their current driver's license or identification card.
b) Safe Driver Renewal applicants. Drivers whose driving records are devoid of any convictions of traffic violations or evidence of committing an offense for which mandatory revocation would be required upon conviction pursuant to Section 6-205 of the IVC [625 ILCS 5/6-109(c)] may renew their driver's license by mail, Internet, or telephone. Drivers who are no longer eligible due to a change in their driving record will be denied at time of application through the Internet and telephone and shall be instructed to appear at a driver's license facility. Drivers who are no longer eligible at time of renewal who have submitted the application by mail will have their application and fee returned, with the reason of ineligibility, and shall be directed to appear at a driver's license facility.
c) A driver is not eligible for Safe Driver Renewal if any of the following apply:
1) The driver is the holder of a Commercial Driver's License;
2) The driving record contains a withdrawal action;
3) The driver is under the age of 21 or greater than the age of 78;
4) The driver's license has been expired over one year;
5) The driver's last two renewals were completed remotely;
6) The driver's license expiration is greater than one year;
7) The driver is required to submit a medical or vision specialist report;
8) The driving record contains a conviction;
9) The driver holds a school bus driver permit;
10) The driving record contains a disposition of court supervision;
11) The driving record indicates the driver has been involved in a property damage, personal injury, or fatal accident;
12) The driver holds a restricted local license;
13) The driver is less than 26 years of age and has not met a Selective Service obligation;
14) The driver is authorized to be in the United States temporarily and must submit updated documentation allowing the driver's continued presence in the United States;
15) The driver's social security number has not been verified through the Social Security On-line Verification System, if the driver has a social security number;
16) The driver must meet the reporting requirements of the Sex Offender Registration Act;
17) The driver's file does not contain a suitable image.
18) The driver is 74 years of age or older and holds a drivers' license with a J50 or J51 restriction.
d) Online Renewal of Driver's License
Drivers who are required to take a written test at every other renewal may renew a drivers' license online at the renewal where the written test is not required. A driver is not eligible for online driver’s license renewal if any of the following apply:
1) The driver holds a Commercial Driver's License with a hazardous materials endorsement;
2) The driver is under the age of 21 or greater than the age of 78;
3) The driver's license has been expired over one year;
4) The driver's last renewal was completed remotely;
5) The driver's license expiration is greater than one year;
6) The driver is required to submit a medical or vision specialist report;
7) The driver holds a school bus driver permit;
8) The driving record contains a notation that the driver has been involved in a property damage, personal injury, or fatal crash;
9) The driver holds a restricted local license;
10) The driver is less than 26 years of age and has not met a Selective Service obligation;
11) The driver is authorized to be in the United States temporarily and must submit updated documentation allowing the driver’s continued presence in the United States;
12) The driver's social security number has not been verified through the Social Security Online Verification System, if the driver has a social security number;
13) The driver must meet the reporting requirements of the Sex Offender Registration Act; or
14) The driver's file does not contain a suitable image.
15) The driver is 74 years of age or older and holds a driver's license with a J50 or J51 restriction.
e) Online Renewal of an Identification Card
Holders of an Illinois Identification Cards may renew the identification card online if none of the following conditions apply:
1) The applicant is under the age of 21 and greater than the age of 64;
2) The identification card has been expired for more than one year;
3) The identification card is suspended, revoked, or cancelled;
4) The applicant holds a homeless person ID card;
5) The applicant holds a person with a disability ID card;
6) The applicant is authorized to be in the United States temporarily and must submit updated documentation allowing the applicant's continued presence in the United States;
7) The applicant's social security number has not been verified through the Social Security Online Verification System, if the applicant has a social security number;
8) The applicant's file does not contain a suitable image; or
9) The applicant's address has changed since the identification card was issued or renewed, whichever is most recent.
10) The applicant's last two identification card renewals were completed remotely.
f) By submission of a remote renewal application for a driver's license, the driver affirms that:
1) The driver has not been issued corrective lenses (eyeglasses/contacts) for driving since the last renewal.
2) The driver's license or privilege to obtain a license is not suspended, revoked, cancelled, or refused in this or any other state.
3) The driver does not presently hold a valid driver's license or identification card in any other state.
4) The driver does not have any condition that might cause a temporary loss of consciousness.
5) The driver has no mental or physical condition that might interfere with safe driving.
6) The driver does not use any drugs, including prescription medication, or alcohol to an extent that they impair driving ability.
7) A court has not found the driver to have a mental disability or disease, or a court has not committed the driver to a mental health facility within the last four years.
8) The driver's legal name or gender has not changed.
g) By submission of an online renewal application for an identification card, the applicant affirms that:
1) The applicant's legal name or gender has not changed; and
2) The applicant's does not currently hold a valid driver's license or identification card in any other state.
h) The fees collected for the renewal of a driver's license or identification card shall be in accordance with IVC Section 6-118 or Section 12 of the Illinois Identification Card Act [15 ILCS 335] except that a processing fee will be charged by the service provider for applications received by telephone and Internet.
i) If the renewal applicant does not receive the driver's license or identification card by mail, the applicant may be issued one duplicate driver's license or identification card, at no fee, provided an application for a duplicate is filed within 90 days after the date of the renewal application and the driver's license or identification card was not returned to the Department as undeliverable. If the renewed driver's license or identification card is not returned to the Department by the U.S. Post Office as undeliverable, the applicant shall be required to appear at a driver services facility with one form of proof of residence address as outlined in Appendix B. The applicant shall be charged the fee for a corrected license or identification card as set forth in IVC Section 6-118 or Section 12 of the Illinois Identification Card Act if a change is required upon submission of the residence address documents.
**History**
- *Source: Amended at 48 Ill. Reg. 8386, effective May 24, 2024*
## **Chapter II** Secretary of State
### **Part 1030** Issuance of Licenses
##### **92 Ill. Adm. Code 1030.26** Identification Cards for Individuals in a Correctional Facility {#sec-1030.26 omnilex-key=us-il-regs-official--title-92--1030.26}
a) Prior Holder of Illinois Identification Card or Illinois Driver's License. Pursuant to Section 4(a-20)(1) of the Identification Card Act, the Secretary shall issue a standard Identification Card, at no cost to a committed person prior to release from a correctional facility, if the person:
1) has previously held an Illinois Identification Card or an Illinois driver's license;
2) submits a properly completed Identification Card Verification form containing the person's residential address upon discharge and social security number, if the person has a social security number, accompanied by a photograph taken by the correctional facility;
3) has a photograph and demographic information match an existing Illinois Identification Card or Illinois driver's license; and
4) has their social security number verified by the Secretary with the Social Security Administration.
b) No Prior Illinois Identification Card or Illinois Driver's License. Pursuant to Section 4(a-20)(2) of the Identification Card Act, the Secretary shall issue a standard Identification Card, at no cost to a committed person prior to release from a correctional facility, if the person:
1) has not previously held an Illinois Identification Card or Illinois driver's license or for whom a match cannot be found as described in subsection (a) of this Section.
2) submits a properly completed Illinois Identification Card Verification form containing the person's residential address upon discharge, social security number, if the person has a social security number, accompanied by a certified birth certificate, and a photograph taken by the correctional facility; and
3) has their social security number verified by the Secretary with the Social Security Administration.
c) The Identification Card Verification form described in subsections (a) and (b) must be completed in its entirety and signed by a representative of the correctional facility and shall be transmitted electronically to the Secretary with the applicant's photograph.
d) A person who is released from a correctional facility without a standard Illinois Identification Card who appears at a Driver Services facility within 30 days of release from custody and presents a completed Identification Card Verification to Apply for an Identification Card Upon Release from a Correctional Facility form that verifies the person's date of birth, social security number, if the person has a social security number, and Illinois residence address shall be issued a limited-term 90-day Identification Card at no cost.
e) If a holder of a 90-day Identification Card returns to a Driver Services Facility prior to the expiration of the limited term 90-day Identification Card and presents a certified copy of his or her birth certificate, social security card or other documents authorized by the Secretary of State to prove date of birth and social security number, as set forth in Appendix B, the applicant shall be issued a standard Illinois Identification Card at no fee.
f) An applicant for a duplicate or corrected standard Identification Card must pay the fee set forth in Section 12 of the Illinois Identification Card Act [15 ILCS 335]. The expiration date of the duplicate or corrected Identification Card will remain the same as the originally issued Identification Card.
g) An applicant who does not apply for a standard Identification Card within 30 days after release on parole, mandatory supervised release, after care release, final discharge or pardon, or to an adult transition center, from a correctional facility as verified by the Identification Card Verification to Apply for an Identification Card Upon Release from a Correctional Facility form completed by a correctional facility, is not eligible for a no-fee, standard Identification Card and must pay the statutorily required fee set forth in Section 12 of the Illinois Identification Card Act.
h) An applicant issued a limited term 90-day Identification Card who fails to return to a Driver Services facility by the expiration of the limited term Identification Card, with a certified copy of his or her birth certificate and social security card or other documents authorized by the Secretary in Appendix B is not eligible for a standard Illinois Identification Card at no cost and must pay the fee set forth in Section 12 of the Illinois Identification Card Act.
**History**
- *Source: Amended at 49 Ill. Reg. 2497, effective February 19, 2025*
##### **92 Ill. Adm. Code 1030.27** Identification Cards for Youth in Care {#sec-1030.27 omnilex-key=us-il-regs-official--title-92--1030.27}
a) An applicant for an Identification Card age 16-20 who is a youth for whom the Department of Children and Family Services (DCFS) is legally responsible for or is a foster child and who submits a properly completed DCFS form number CFS 906/906-1 shall be issued an Identification card at no cost.
b) The CFS 906/906-1 form must be signed by a representative of DCFS and the applicant's caseworker and/or provider.
c) To be accepted, the CFS 906/906-1 form must contain the following information:
1) Complete name and residential address of applicant;
2) DCFS Client ID number;
3) Provider name and address; and
4) Provider signature and current date.
**History**
- *Source: Added at 41 Ill. Reg. 13665, effective October 30, 2017*
## **Chapter II** Secretary of State
### **Part 1030** Issuance of Licenses
##### **92 Ill. Adm. Code 1030.30** Classification Standards {#sec-1030.30 omnilex-key=us-il-regs-official--title-92--1030.30}
Driver's License Classification System
All driver's licenses issued by the Office of the Secretary of State after April 1, 1990, shall be classified as to the kind and type of vehicles the holder is licensed to drive, as follows:
a) Class A: Any combination of vehicles with a Gross Combination Weight Rating (GCWR) of 26,001 pounds or more, provided the Gross Vehicle Weight Rating (GVWR) of the vehicles being towed is in excess of 10,000 pounds. Holders of a Class A license may, with the appropriate or required endorsements, operate all vehicles within Class A, B, C and D, but are not authorized to operate motorcycles or motor-driven cycles.
b) Class B: Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR. Holders of a Class B license may, with appropriate or required endorsements, operate all vehicles within Class B, C and D, but are not authorized to operate motorcycles or motor-driven cycles.
c) Class C:
1) Any Vehicle:
A) with a GVWR of 16,001 or more pounds, but less than 26,001 pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR; or
B) less than 26,001 pounds GVWR designed to transport 16 or more people including the driver or used in the transportation of hazardous materials that requires the vehicle to be placarded; or
C) less than 26,001 pounds GVWR designed to transport 16 or more people including the driver or used in the transportation of hazardous materials that requires the vehicle to be placarded, towing a vehicle with a GVWR of 10,000 pounds or less or with a GCWR of less than 26,001 pounds.
2) Holders of a Class C license may operate all vehicles within Class C and D, but are not authorized to operate motorcycles or motor-driven cycles. A Class C license is not required to operate rental vehicles when transporting an individual's own personal property or that of an immediate family member for non-business purposes within this State, if the individual has successfully completed a safety course regarding safe operation of the vehicle.
d) Class D:
1) Any single vehicle:
A) with a GVWR of 16,000 pounds or less that is not designed to transport 16 or more people or not used in the transportation of hazardous materials that would require the vehicle to be placarded; or
B) with a GVWR of 16,000 pounds or less that is not designed to transport 16 or more people or not used in the transportation of hazardous materials that would require the vehicle to be placarded, towing any vehicle, providing the GCWR is less than 26,001 pounds.
2) Holders of a Class D license may operate all vehicles within Class D, and may operate rental vehicles up to 26,000 pounds when transporting an individual's own personal property or that of an immediate family member for non-business purposes within the State, if the individual has successfully completed a safety course regarding the safe operation of the vehicle, but are not authorized to operate motorcycles or motor-driven cycles.
e) Class L: Any motor-driven cycle.
f) Class M: Any motorcycle.
**History**
- *Source: Amended at 33 Ill. Reg. 2391, effective January 21, 2009*
##### **92 Ill. Adm. Code 1030.40** Fifth Wheel Equipped Trucks {#sec-1030.40 omnilex-key=us-il-regs-official--title-92--1030.40}
A fifth wheel equipped truck regulated under IVC Section 1-120.5 is any single unit motor vehicle that has the capability, because of design, to carry a load other than a part of the weight of an attached trailer. The trailer's load cannot be considered a truck-tractor even though it may:
a) be used like a truck-tractor;
b) be equipped with a fifth wheel assembly; or
c) include among its characteristics all the characteristics of a truck-tractor.
**History**
- *Source: Amended at 33 Ill. Reg. 2391, effective January 21, 2009*
## **Chapter II** Secretary of State
### **Part 1030** Issuance of Licenses
##### **92 Ill. Adm. Code 1030.50** Bus Driver's Authority, Religious Organization and Senior Citizen Transportation {#sec-1030.50 omnilex-key=us-il-regs-official--title-92--1030.50}
a) If the GVWR, GCWR or person capacity of the religious organization bus or senior citizen transportation vehicle requires that the applicant's Illinois driver's license be of a different classification, the applicant shall comply with the provisions of the law to obtain the classification, restriction and/or endorsement necessary for the applicant to operate the type of religious organization bus or senior citizen transportation vehicle applied for.
b) In the event a religious organization bus or senior citizen transportation vehicle driver is convicted of any of the offenses listed in IVC Section 6-106.2(5) or 6-106.3(5), that person's authority to operate a religious organization bus or senior citizen transportation vehicle shall be removed in the following manner:
1) The Secretary of State shall notify the religious organization bus or senior citizen transportation vehicle driver he/she is no longer eligible to operate a religious organization bus or senior citizen transportation vehicle.
2) A licensee shall surrender his/her Illinois driver's license at a Driver Services Facility within 10 days after receiving notification in order to have the restriction to operate the religious organization bus or senior citizen transportation vehicle removed from the driver's license.
3) A corrected driver's license shall be issued to each eligible licensee and the applicant shall be charged a fee in accordance with IVC Section 6-118(a).
c) Failure of a licensee to comply with subsection (b)(2) shall result in cancellation of the licensee's Illinois driver's license.
d) If a person relocates to Illinois from out-of-state and desires the authorization to operate a religious organization bus or senior citizen transportation vehicle, he/she must provide a letter or an abstract from the former state of licensure indicating that the requirements of IVC Section 6-106.2 or 6-106.3 have been met.
e) If a person resides in a state other than Illinois and wants to operate a religious organization bus and/or senior citizen transportation bus in Illinois, the applicant must hold a valid and properly classified license in his/her state of residence and a Religious Organization Bus and/or Senior Citizen Transportation Bus Certificate (Certificate) issued by the Illinois Secretary of State. To obtain the Certificate, the applicant shall provide a letter or abstract from the licensing authority of his/her state of licensure indicating the requirements of IVC Section 6-106.2 and/or Section 6-106.3 have been met. Both the Certificate and the valid and properly classified out-of-state license must be carried when the driver is operating a religious organization bus and/or senior citizen transportation bus in Illinois.
f) Applicants who hold a valid school bus permit in Illinois are permitted to operate a religious organization bus or senior citizen transportation vehicle, within a classification set forth in Section 1030.30(b)(1) through (4), without having additional restrictions added to the license. If the applicant wants to have the "J" restriction added to his/her license, the road test shall be waived, but the applicant shall pay a fee for a corrected license or permit in accordance with IVC Section 6-118(a).
**History**
- *Source: Amended at 33 Ill. Reg. 2391, effective January 21, 2009*
##### **92 Ill. Adm. Code 1030.55** Commuter Van Driver Operating a for-Profit Ridesharing Arrangement {#sec-1030.55 omnilex-key=us-il-regs-official--title-92--1030.55}
a) Pursuant to the provisions of IVC Section 6-106.4, an individual who applies for driving privileges to operate a commuter van in a for-profit ridesharing arrangement shall be required to take and successfully complete a test of driving ability while operating a commuter van. The standards for successfully completing this driving test shall be the same as those utilized for other non-CDL Class C or Class D type driving tests.
b) The driving test required in a for-profit ridesharing arrangement shall be taken and successfully completed in a commuter van; however, this commuter van need not be the same commuter van as will be used in the for-profit ridesharing arrangement. If the vehicle meets the requirements of IVC Section 6-500, the properly classified CDL tests will be administered.
c) Upon successful completion of the driving test as specified in subsections (a) and (b) showing the individual's ability to exercise reasonable care in the safe operation of commuter vans used in for-profit ridesharing arrangements and if the other requirements for licensure stated in IVC Section 6-106.4 are met, a "J" restriction and "P" endorsement when required shall be shown on the individual's driver's license. The individual shall be required to pay a corrected driver's license fee, as defined in IVC Section 6-118(a) if he/she applies for this restriction and/or endorsement at a time other than a regular renewal date.
d) In the event a for-profit ridesharing arrangement driver is convicted of any of the offenses listed in IVC Section 6-106.4(5), that person's authority to operate a for-profit ridesharing arrangement vehicle shall be removed in the following manner:
1) The Secretary of State shall notify the for-profit ridesharing arrangement driver he/she is no longer eligible to operate a for-profit ridesharing arrangement vehicle.
2) The licensee shall surrender the Illinois driver's license at the Driver Services Facility within 10 days after receiving the notification in order to have the restriction to operate a for-profit ridesharing arrangement vehicle removed from the driver's license.
3) A corrected driver's license shall be issued to each eligible licensee and the applicant will be charged a fee in accordance with IVC Section 6-118(a).
e) Failure of a licensee to comply with subsection (d)(2) shall result in cancellation of the licensee's Illinois driver's license.
**History**
- *Source: Amended at 33 Ill. Reg. 2391, effective January 21, 2009*
##### **92 Ill. Adm. Code 1030.60** Third-Party Certification Program {#sec-1030.60 omnilex-key=us-il-regs-official--title-92--1030.60}
a) For purposes of this Section, the following definitions shall apply:
"Cancel a Third-Party Certifying Entity License" − the annulment or termination by formal action of the Secretary of State of a Third-Party Certifying Entity License or a Third-Party Certification Safety Officer License because of some error or defect in the license or because the licensee is no longer entitled to the license.
"Certify" – transmittal to the Department by a third-party certifying entity that an employee or member of the entity has successfully passed the CDL skills tests.
"Deny a Third-Party Certifying Entity License" − to prohibit or disallow the privilege to obtain a Third-Party Certifying Entity License or a Third-Party Certification Safety Officer License by the Secretary of State.
"Department" − the Department of Driver Services within the Office of the Secretary of State.
"Federal Motor Carrier Safety Administration" or "FMCSA" − a separate administration within the U. S. Department of Transportation dedicated to improving the safety of commercial motor vehicles and saving lives.
"Revoke a Third-Party Certifying Entity License" − the termination by formal action of the Secretary of State of a Third-Party Certifying Entity License or a Third-Party Certification Safety Officer License; the termination shall not be subject to renewal or restoration.
"Safety Officer" – any individual employed by a third-party certifying entity who is licensed by the Department to administer the CDL skills tests specified in subparts G and H of 49 CFR 383 (October 1, 2018) to the entities' employees and members. A safety officer is equivalent to a Third Party Skills Test Examiner as defined in 49 CFR 383.5 (October 1, 2018).
"Skills Tests" – Those tests specified in subparts G and H of 49 CFR 383 (October 1, 2018).
"Suspend a Third-Party Certifying Entity License" − the temporary withdrawal by formal action of the Secretary of State of a Third-Party Certifying Entity License or a Third-Party Certification Safety Officer License for a period specifically designated by the Secretary.
"Third-Party Certification License" − a license issued by the Secretary of State to a third-party certifying entity that allows the entity to participate in the third-party certification program.
"Third-Party Certification Program" − a Secretary of State program that allows a third-party entity to administer the CDL skills tests specified in subparts G and H of 49 CFR 383 (October 1, 2018) to its employees or members.
"Third-Party Certifying Entity" or "Entity" – an entity licensed by the Secretary of State to participate in the third-party certification program. A third-party certifying entity is equivalent to a third party tester as defined in 49 CFR 383.5 (October 1, 2018).
b) The Department shall not require an actual demonstration of the ability of the driver applicant to operate and exercise ordinary and reasonable control of a motor vehicle when the driver applicant has successfully completed the CDL skills tests administered by a safety officer of a third-party certifying entity, if the entity complies with the following requirements:
1) License Required – No person, firm, association, partnership or corporation shall operate a third-party certification program unless a license has been issued by the Secretary of State. When an application is submitted for an original third-party certification license or Safety Officer License, the applicant or applicants shall not conduct any business as a third-party certifying entity or safety officer until a license is issued by the Department pursuant to the requirements of subsections (d) and (i).
2) Certify Only Employees or Members – A third-party certifying entity shall certify only those driver applicants who are employed by and on the payroll of the entity at the time of certification. Third-party entities that are unions or fire departments shall certify only those driver applicants who are members at the time of certification.
3) A third-party certifying entity shall not enter into any agreement with employees/members it certifies that provides for compensation, reimbursement or any form of consideration, including but not limited to monies, credits, services or payroll withholding, payable to the third-party entity, in exchange for training and/or testing from the employee/member who is certified.
4) A third-party certifying entity shall not accept compensation, reimbursement or any form of consideration, including but not limited to monies, credits, services or payroll withholding, in exchange for training and/or testing from any employee/member who is certified.
5) A third-party certifying entity shall not engage in or permit any type of fraudulent activity, with reference to either any certified individual or the Secretary of State.
6) A third-party certifying entity must enter into a written agreement with the Secretary of State that delineates the responsibilities and requirements the entity must meet and adhere to.
c) Licenses May Not Be Assigned. No individual, partnership, association or corporation may sell, assign, barter or trade a third-party certification license or Safety Officer License issued by the Department.
d) Requirements – Third-Party Certifying Entities
1) The entity shall have at least one employee who is licensed as a safety officer for the entity. A Safety Officer License may only test and certify employees or members in the classification indicated on the Safety Officer License.
2) The entity shall have a regularly established place of business in the State of Illinois, with the exception of entities having a regular place of business in a contiguous state (Indiana, Missouri, Wisconsin, Iowa and Kentucky). Any entity having its headquarters in a contiguous state that wishes to participate in the third-party certification program shall have an appointed agent, for purposes of this program, who is licensed as a safety officer and holds a valid Illinois driver's license or a CDL issued by a contiguous state.
A) The established place of business of each entity must consist of at least the following permanent facilities:
i) an office facility;
ii) appropriate space to conduct all basic control skills tests pursuant to Section 1030.85 as follows:
● For Class B and Class C vehicles, an area of at least 15 feet wide by 100 feet long;
● For Class A vehicles, areas of 240 feet long by 12 feet wide to conduct straight-line backing, 180 feet long by 24 feet wide to conduct offset backing, and 180 feet long by 12 feet wide to conduct parallel parking. All skills tests do not need to be conducted in one space/lot.
B) An entity that has an established place of business may operate a branch facility, provided the branch facility meets all requirements of the main facility pursuant to subsections (d)(2)(A) and (d)(2)(D).
C) Upon receipt by the Secretary of State of a written request to open a branch facility, an authorized representative of the Secretary of State shall inspect the branch facility and, if the facility meets the provisions of this Section, shall issue the appropriate license that must be displayed in a visibly prominent place in the branch facility.
D) Each location must comply with public health and safety standards contained in the Public Building Egress Act [415 ILCS 55], the Natural Gas Odor Injection Act [430 ILCS 25], and the Environmental Barriers Act [410 ILCS 25].
3) The entity shall submit to the Department a copy of any subcontract of services described in this Part.
4) The entity shall have a prescribed physical driving course for each location and be required to meet a driving skills test with the same minimum standards as the course used for testing by the Department pursuant to Section 1030.85.
5) The entity shall have access to a properly registered motor vehicle of the representative classification that the employee/member operates or expects to operate.
6) The entity shall provide the employee/member who takes and passes the skills tests with a fully completed Certification of Drive Test By Third Party Certifying Entity that certifies the individual has successfully passed the skills tests administered by the safety officer of the third-party certifying entity.
7) The entity shall collectively submit completed application forms to the Department for each main office, branch office and safety officer.
8) The entity shall have and use a business telephone listing for all business purposes.
9) If a licensed safety officer is temporarily suspended, laid-off or discharged by a third-party certifying entity, the entity shall immediately notify the Department, on forms furnished by the Department, of the name, address and license number of the safety officer, the officer's termination date and reason for termination. In all cases in which a safety officer has ceased working for the third-party certifying entity, the safety officer must surrender the third-party Safety Officer License to the Department.
10) Records – All entities licensed by the Secretary of State must maintain the following records for a period of four years, at the licensed location where the testing took place:
A) The name and address of each employee/member certified by the entity, the instruction permit or driver's license number of every employee/member, the results of the final skills test, including endorsements, given to each employee/member, the name of the safety officer who administered the skills test, and the license plate number of the vehicle used in the test.
B) Proof of eligibility for certification of each employee/member certified.
C) Proof of proper training for each CDL certified employee/member, who did not hold a valid CDL at the time of testing or has never held a valid CDL, including dates of training and the names of all trainers that provided training, shown on the form provided by the Department or an equivalent form approved by the Department.
D) Documentation, including dates of training and the names of the trainers, of any training provided to each CDL certified employee/member who held a valid CDL at the time of testing or has ever held a CDL.
E) Failure to maintain the required records, and/or the maintenance of incomplete records, shall be prima facie evidence that the required testing was not administered.
11) Auditing – CDL Skills Test
A) Entities shall allow the Department and FMCSA or its representatives to conduct random examinations, inspections and audits without prior notice pursuant to 49 CFR 383.75 and 384.229 (October 1, 2018), including audits of employment records of individuals certified by the third-party certification entity and any and all agreements or contracts governing the employer/employee relationship or entity/member relationship as it pertains to training or testing.
B) The Department shall conduct on-site inspections at least biennially, but is authorized to conduct inspections more frequently.
C) Entities shall allow Department employees to co-score, along with the safety officer, during skills tests administered to the entity's employees or members to compare pass/fail results.
D) At least once every 2 years, the Department shall either:
i) Have Department employees covertly take the skills test administered by the entity's safety officer as if the Department employee were a test applicant;
ii) Have Department employees co-score along with each third-party examiner during CDL skills tests to compare pass/fail results; or
iii) Retest a sample of drivers who were examined by the entity to compare pass/fail results. The Department may reexamine any individual who was tested and certified by a third-party entity. If the results of the random examination reflect a failure rate greater than the Department's current acceptable failure rate of 20 percent, the Department shall notify the entity in writing of the need to retrain the failed applicants. The retraining must be completed within 30 days after the random examination. The Department shall administer the skills tests for the retrained applicants. The Department's Commercial Driving Training School Section will determine the location and time of the retesting.
12) Entities shall display in a prominent place at the established place of business the following:
A) The license issued by the Department to the entity; and
B) The Safety Officer Licenses of all safety officers employed by the entity.
13) Prior to administering the skills tests, the entity must provide training on the CDL skills tests as specified in Section 1030.85 to each employee/member who does not currently hold, or has never held, a valid CDL. The training shall be given in equally scheduled intervals over a period of at least 14 days.
14) The entity must provide the Department with the names of all employees or members it tested and certified from a non-CDL classification to a CDL classification whose employment/membership terminated within six months after the date of certification.
A) The Department shall cite these individuals to be retested by the Secretary of State in a properly classified vehicle. If the individual passes the skills test, the individual may maintain the driver's license classification originally certified by the entity. If the individual fails any part of the skills test, the individual shall be downgraded to the non-CDL classification held prior to being certified.
B) The Department shall provide each entity with a Verification of Continual Employment form to assist the entity in determining the names of the employees or members who have terminated their employment/membership within six months after being certified.
15) The entity may not have a current unsatisfactory safety rating from FMCSA as defined in 49 CFR 385.3 (October 1, 2018).
16) The entity must submit a schedule of CDL skills tests appointments, in a manner prescribed by the Department, including but not limited to dates, times and locations of testing, to the Department, no later than two business days prior to each test.
17) Unless the entity is a governmental agency, the entity must secure and maintain a continuous surety bond in the Principal sum of $10,000, underwritten by a company authorized to do business in the State of Illinois, which represents a sufficient amount to pay for re-testing drivers in the event that the entity or one or more of its safety officers is involved in fraudulent activities related to the skills testing of its employees or members. However, the aggregate liability of the surety for all breaches of the condition of the bond in no event shall exceed the Principal sum of $10,000. The surety on any bond may cancel the bond on giving 30 days' notice in writing to the Secretary of State and shall be relieved of liability for any breach of any conditions of the bond that occurs after the effective date of cancellation. All bonds filed pursuant to this provision shall be in substantially the following form:
Know All Persons by These Presents, That We,
, of
,
hereinafter referred to as Principal and
, a
corporation organized and existing to do business in the State of Illinois, for the use and benefit of all persons who may be damaged by breach of this bond, as Obligees, in the penal sum of $10,000, lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our executors, administrators, successors and assigns, firmly by these presents. The condition of this obligation is such that the Principal has made application to the Illinois Secretary of State for licensure as a third-party certifying entity for the purpose of administering CDL skills tests to employees or members of the Principal. Therefore, if the Principal faithfully complies with the Illinois Vehicle Code and all State and federal rules and regulations that have been or may hereafter be in force concerning the license, and shall save and keep harmless the Illinois Secretary of State, the Obligee, from all loss or damage that may be sustained as a result of re-testing drivers in the event that the Principal or one or more of its safety officers is involved in fraudulent activities related to conducting skills testing of applicants for a commercial driver's license this obligation shall be void; otherwise, this obligation shall remain in full force and effect. The bond will expire but may be continued by renewal certificate signed by Principal and Surety. Regardless of the number of years this bond is in effect, the number of third-party certifying entity license renewals, the number of premiums paid or the number of claims made, the Surety's aggregate liability shall not be more than the penal sum of this bond. The Surety may at any time terminate its liability by giving 30 days' written notice to the SOS Commercial Driver Training School Section of the Driver Services Department, 1800 W. Hawthorne Lane, West Chicago, Illinois 60185, and the Surety shall not be liable for any default after that 30-day notice period, except for defaults occurring prior thereto.
Signed, Sealed and Dated this
day of
, 20
Principal
Surety
By
Attorney-in-fact
18) Within three days after an employee or member passes the CDL skills tests administered by the entity, the entity shall transmit the score sheet to the Department through secure electronic means prescribed by the Department.
e) Skills Tests
1) Any CDL or school bus skills tests administered by an entity must be conducted by a safety officer as specified in 49 CFR 383.75 (October 1, 2018). A safety officer licensed to administer skills tests is prohibited from administering a skills test to an individual who received skills training from that safety officer.
2) Driving Skills – The entity shall have a prescribed physical driving course for each location and is required to administer a skills test with the same minimum standards used by the Department as provided in Section 1030.85.
3) Pre-Trip Inspection – When applicable, the entity shall test and the employee/member shall demonstrate skills necessary to conduct a pre-trip inspection, which include the ability to:
A) locate and verbally identify air brake operating controls and monitoring devices;
B) determine the motor vehicle's brake system condition for proper adjustments and that the air system connections between vehicles have been properly made and secured;
C) inspect low pressure warning devices to ensure they will activate in emergency situations;
D) ascertain, with the engine running, that the system contains an adequate supply of compressed air;
E) determine that the required minimum air pressure build up at the time is within acceptable limits and that required alarms and emergency devices automatically deactivate at the proper pressure level; and
F) operationally check the brake system for proper performance.
4) Restrictions and/or Endorsements − Entities – conducting skills tests for restrictions, passenger endorsements and/or school bus endorsements must administer a skills test with the same minimum standards as a test administered by the Department as provided in Section 1030.92.
5) Entities conducting road tests for motorcycle and non-CDL A, B or C classifications are not bound by subsections (e)(1) through (4), but instead must administer a road test prescribed by the Department as provided in Section 1030.85.
A) Motorcycle skills tests must include at least the following:
i) basic vehicle control skills;
ii) safe driving skills;
iii) visual search;
iv) speed and space management; and
v) mounting and dismounting.
B) Non-CDL A, B or C classification road tests must include at least the following:
i) basic vehicle operation;
ii) safe driving skills;
iii) speed and attention;
iv) lane and right of way observance;
v) obeying traffic control devices; and
vi) use of special equipment.
6) Require Instruction Permit – Before an employee/member may be skills tested and certified by an entity, the employee/member must obtain an instruction permit from employee/member's state of residence for the specific vehicle classification in which the employee/member intends to be licensed. The employee/member must hold a valid instruction permit for a period of at least two weeks prior to being skills tested and certified by an entity, if not currently licensed in the classification representative of the vehicle the employee/member intends to drive.
f) Issuance of Third-Party Certifying Entity Licenses
1) The Department shall issue a license to conduct business as a third-party certification program when it is satisfied the entity applying for a third-party certification license has met the requirements.
2) All licenses issued to any third-party certifying entity shall remain valid unless canceled, suspended or revoked. The Department shall send affidavits to, and conduct audits of, each licensee annually to determine that the licensee remains in compliance with the requirements.
g) Denial, Cancellation, Suspension and Revocation of Third-Party Certifying Entity Licenses
1) The Secretary of State shall deny an application for a third-party certifying entity license:
A) to any entity that submits a fraudulent application.
B) to any entity that currently employs individuals currently employed by the Secretary of State.
C) to any entity that owes outstanding fees to the Secretary of State.
D) to any third-party certifying entity that lacks a safety officer.
E) when an entity's physical location:
i) fails to comply with public health and safety standards contained in the Public Building Egress Act, the Natural Gas Odor Injection Act, and/or the Environmental Barriers Act.
ii) fails to have a telephone that is registered to the entity.
F) to any entity with a current unsatisfactory rating from FMCSA.
G) to any commercial driver training school.
H) to any entity that enters into any agreement with employees/members it certifies that provides for compensation or any form of consideration, including but not limited to monies, credits, services or payroll withholding, in exchange for training and/or testing from the certified employee/member.
I) to any entity that accepts compensation or any form of consideration, including but not limited to monies, credits, services or payroll withholding, in exchange for training and/or testing from any certified employee/member who is certified.
J) to any entity that fails to maintain a continuous surety bond.
2) The Department may cancel a third-party certifying entity license for failing to correct, after five business days, any of the following violations:
A) the entity employs individuals currently employed by the Secretary of State.
B) the entity owes outstanding fees to the Secretary of State.
C) the entity lacks a safety officer.
D) the entity fails to meet location standards by:
i) failing to comply with public health and safety standards contained in the Public Building Egress Act, the Natural Gas Odor Injection Act, and the Environmental Barriers Act.
ii) failing to have a telephone that registers to the third-party certification entity.
E) the entity currently has an unsatisfactory rating from FMCSA.
F) the entity is a commercial driver training school.
G) the entity fails to maintain a continuous surety bond.
3) The Department may suspend for up to one year or revoke an entity's license for any violation of this Section, depending on the seriousness of the violation, whether the violation has been corrected, and how long the violation was unremediated.
h) Issuance of Safety Officer License
1) The Department shall issue a license to each safety officer when satisfied that the person has met the qualifications required under this Section. Each Safety Officer License shall authorize the licensee to administer tests solely for the employer indicated on the license, except when the safety officer is employed by an entity providing contractual services to the third-party certification entity.
2) An individual may be issued two safety officer licenses in the following combinations:
A) as a safety officer for two governmental agencies; or
B) as a safety officer for a private entity and a governmental agency.
3) All licenses issued to any safety officer shall remain valid unless canceled, suspended or revoked.
i) Safety Officer
1) Requirements
A) A safety officer may only test and certify employees or members in the class that is indicated on the officer's Safety Officer License.
B) A safety officer who applies to administer skills tests to individuals for CDLs must complete a CDL skills test examiner training course and examination in accordance with 49 CFR 384.228(d) and (e) (October 1, 2014) and submit to a nationwide criminal background check in accordance with 49 CFR 384.228 (October 1, 2014). Fingerprints shall be submitted to the Illinois State Police in accordance with 20 Ill. Adm. Code 1265.30.
C) A safety officer must conduct skills testing in accordance with subsection (e).
D) A safety officer shall not engage in or permit any type of fraudulent activity, either with reference to any certified employee or member or the Secretary of State.
E) A safety officer must maintain records in accordance with subsection (d)(10).
F) If a safety officer does not administer at least 10 separate skills tests per calendar year, the entity shall allow a Department employee to accompany the safety officer to observe the safety officer successfully administer at least one skills test or the safety officer may take the refresher training specified in 49 CFR 384.228, including, but not limited to, overviews of the third-party certification process, how to submit test results electronically, testing protocols/procedures, the score sheet, scoring standards, and required recordkeeping.
G) If a safety officer licensed to administer CDL skills tests to employees or members must successfully complete a refresher training course and written examination every four years to maintain the CDL Safety Officer License.
2) Denial of License. The Department shall deny a safety officer's license upon evidence the individual:
A) has been convicted of driving under the influence of alcohol and/or other drugs (see IVC Section 11-501), leaving the scene of a fatal accident (see IVC Section 11-401), reckless homicide (see Section 9-3 of the Criminal Code of 2012 [720 ILCS 5/9-3]), reckless driving (see IVC Section 11-503), or similar out-of-state offenses within 10 years prior to the date of application; or has been convicted two or more times of any of these offenses or combination of these offenses within 20 years prior to the date of application.
B) fails to properly make application for the license.
C) is not employed by a third-party certifying entity.
D) is currently a salaried employee of the Secretary of State.
E) is not at least 21 years of age.
F) submits a fraudulent application.
G) owes outstanding fees to the Secretary of State.
H) holds a driver's license that is currently canceled, suspended or revoked.
I) holds a driver's license that was suspended or revoked within a period of five years prior to the date of application. However, suspensions related to auto emissions, failure to pay child support and unpaid parking tickets will not be considered.
J) has not held, for at least two years immediately preceding application, a valid Illinois driver's license or a driver's license from a contiguous state in the classification and/or endorsement in which the individual intends to administer skills tests.
K) does not meet the training, testing and background check requirements of subsection (i)(1)(B).
L) is an owner or instructor of a commercial driver training school.
M) has been suspended pursuant to IVC Section 11-501.1, 11-501.6 or 11-501.8 within the 10 years prior to the date of application, or has had two or more suspensions pursuant to IVC Section 11-501.1, 11-501.6 or 11-501.8, or combination thereof, within the 20 years prior to the date of application.
N) violated any subsection of this Section.
O) has any felony conviction within the last 10 years (applies only to persons applying to administer CDL skills tests).
P) has any conviction involving fraudulent activities (applies only to persons applying to administer CDL skills tests).
3) The Department shall immediately cancel a safety officer's license upon evidence that the individual:
A) holds a driver's license that is currently canceled, suspended or revoked.
B) has not held, for at least two years immediately preceding application, a valid license in the classification and/or endorsement in which the individual intends to test.
C) administers CDL skills tests to employees/members, but has not completed the training and testing specified in subsection (i)(1)(B).
D) is no longer employed by the third-party certification entity or no longer has a valid license.
E) is currently a salaried employee of the Secretary of State.
F) owes outstanding fees to the Secretary of State.
G) is an owner or instructor of a commercial driver training school.
H) has a felony conviction within the last 10 years (applies only to persons administering CDL skills tests).
I) has any conviction involving fraudulent activities (applies only to persons administering CDL skills tests).
J) fails to successfully complete a refresher training course and examination every four years (applies only to persons administering CDL skills tests).
4) The Department may suspend for up to one year or revoke a safety officer's license for any violation of this Section, depending on the seriousness of the violation, whether the violation has been corrected, and how long the violation was unremediated.
5) The Department shall have the discretionary authority to issue warning letters to third-party certifying entities or safety officers for violations of this Section.
j) Hearings
1) Prior to the denial of a third-party certifying entity and/or safety officer's license, the Department shall send written notice to the entity and/or person. The third-party entity and/or safety officer may request a formal hearing to contest the denial. The basis for denial of a license is stated in subsections (g)(1) through (3) and (i)(2)(A) through (O).
2) Prior to the suspension or revocation of the license or accreditation of a third-party certifying entity or safety officer, the Department will conduct a hearing in accordance with 92 Ill. Adm. Code 1001, Subpart A and IVC Section 2-118, in which the Department will present competent evidence to establish violations of any regulations or laws governing third-party entities and/or safety officers and seek the appropriate sanctions.
k) Review Under Administrative Law. Judicial Review − The action of the Secretary of State in canceling, suspending, revoking or denying any license under this Act shall be subject to judicial review in accordance with IVC Section 2-118 and the provisions of the Administrative Review Law [735 ILCS 5/Art. III].
**History**
- *Source: Amended at 49 Ill. Reg. 13029, effective October 3, 2025*
## **Chapter II** Secretary of State
### **Part 1030** Issuance of Licenses
##### **92 Ill. Adm. Code 1030.63** Religious Exemption for Social Security Numbers (repealed) {#sec-1030.63 omnilex-key=us-il-regs-official--title-92--1030.63}
**History**
- *Source: Repealed at 36 Ill. Reg. 3924, effective February 27, 2012*
##### **92 Ill. Adm. Code 1030.65** Instruction Permits {#sec-1030.65 omnilex-key=us-il-regs-official--title-92--1030.65}
a) A person who wishes to practice driving before obtaining a driver's license shall obtain an instruction permit from a Driver Services Facility.
b) Upon receipt of an instruction permit, the holder may operate a motor vehicle upon the highways of this State when accompanied by an adult instructor of a driver education program or when practicing with a parent, legal guardian, family member or person in loco parentis who is 21 years of age or more and has a license classification to operate the vehicle and at least one year of driving experience, and is occupying a seat beside the driver.
c) The fees collected for the issuance of an original, renewal, duplicate or corrected instruction permit, or CLP shall be in accordance with IVC Section 6-118(a).
d) A minor who wishes to receive an instruction permit shall be at least 15 years old and enrolled in a driver education course. Any minor who has been enrolled in an approved driver education program out-of-state shall provide proof of that enrollment before an Illinois instruction permit will be issued. Proof shall consist of a letter from the minor's school on the school's letterhead or other proof deemed acceptable by the Secretary of State. The minor shall complete a driver education course prior to applying for a driver's license before the minor is 18 years of age. If the minor is 16 years of age or older and possesses a certificate of completion or the equivalent from another state's driver education program or a driver’s license issued by a state that requires driver education, the minor shall be eligible to receive an Illinois driver's license upon successful completion of the vision and, as applicable, written and/or road tests. The equivalent of an Illinois certificate of completion from an out-of-state driver education course shall include, but is not limited to, transcripts from the out-of-state attendance center indicating successful completion of the course of instruction or a letter from the state's driver's licensing authority on agency letterhead, attesting to the minor's successful completion of a driver education course approved by the office that regulates education.
e) A minor who is at least 15 years and 6 months of age may obtain an Illinois instruction permit prior to being enrolled in a driver education course, provided the minor:
1) Submits written documentation, on a form prepared or approved by the Secretary of State, stating that the minor is enrolled in school; meets the educational requirements of the Driver Education Act [105 ILCS 5/27-24 through 27-24.8] and IVC Section 6-103(1) and signed by a superintendent or chief administrator that states, through no fault of the minor, the minor will be unable to be enrolled in a driver education course until after the minor's 16th birthday and the school would have no objection to the issuance of the instruction permit; and
2) Successfully completes the written and vision examinations administered either by an approved driver education instructor or the Secretary of State.
f) An instruction permit issued to a minor under subsection (e) may be canceled upon receipt of a report from the minor's school on the school letterhead, or other proof deemed acceptable by the Secretary of State, stating the minor has failed to enroll in a driver education course.
g) The minor who is not legally emancipated by marriage or court order shall have the application signed by a parent, guardian or person in loco parentis and the driver education instructor. The minor shall then be allowed to take the vision and written exams.
h) The instruction permit shall be issued to a minor for a period of 24 months upon successful completion of the written and vision exams. If an instruction permit has expired prior to the applicant completing the road test, a second fee established for instruction permits in IVC Section 6-118(a) must be submitted and the written and vision exams must be successfully completed. The applicant shall present another application to the Secretary of State signed by the parent, guardian, or person in loco parentis, if the applicant is under the age of 18. The driver education instructor shall also sign the application unless the applicant presents a certificate of completion.
i) An instruction permit issued to a minor may be canceled if the student is certified as a chronic or habitual truant or has dropped out of school. The report shall be received from the Illinois State Board of Education in a form acceptable to the Secretary of State.
j) Applicants who are not minors shall also be issued instruction permits by the Secretary of State. The permit shall be issued for 12 months upon successful completion of the written and vision exams. Commercial learner's permits shall be issued for 12 months upon successful completion of the applicable written and vision exams.
k) Applicants whose driving privileges have been canceled based upon receipt by the Department of a medical report indicating the applicant has a medical condition that impairs the applicant's ability to safely operate a motor vehicle may apply for an instruction permit. The Department shall receive a favorable medical report from a competent medical specialist describing the applicant's needs to undergo a driving evaluation with a driver rehabilitation specialist. The Department shall issue to the applicant an authorization for examination to appear at a Driver Services Facility to take the written test and vision test and submit the fee required by IVC Section 6-118(a). Upon successful completion of the written and vision tests, the applicant shall be issued, if not otherwise prohibited, an instruction permit that shall be canceled upon receipt of a written statement from a competent medical specialist that the instruction permit holder has failed to successfully complete the driving evaluation or is otherwise unable to safely operate a motor vehicle. A medical restriction card shall be issued by the Department and must be carried with the instruction permit. Upon successful completion of the driving evaluation, the rehabilitation institution and a competent medical specialist shall notify the Department. The Department shall send the applicant an authorization form instructing the applicant to appear at a Driver Services Facility to take the drive portion of the test. Upon the applicant's successful completion of the drive examination, a driver license shall be issued.
l) An applicant must be at least 16 years old to obtain a Class L instruction permit and must possess a certificate of completion at the time of application.
m) A Class M instruction permit may be issued by the Secretary of State to an applicant 18 or older for a period of 12 months. A Class M instruction permit may be issued for a period of 24 months to applicants 16 or 17 years old who have obtained a certificate of completion at the time of application and have completed a motorcycle training course approved by the Illinois Department of Transportation (see 92 Ill. Adm. Code 455). A certificate of completion card issued by the Illinois Department of Transportation must be furnished to the Secretary of State's Office before an instruction permit will be issued.
n) An applicant who is 17 years and 3 months of age or older may obtain an Illinois instruction permit without being enrolled in a driver education course, provided the applicant has successfully completed the vision and written exams.
o) An applicant 18, 19 or 20 years of age may obtain an Illinois instruction permit without being enrolled in an adult driver education course.
p) A person who wishes to obtain a CLP must provide proof of social security number and United States citizenship or lawful permanent residency. A person who is not a United States citizen or lawful permanent resident must provide proof of social security number and legal presence in the United States to obtain a non-domiciled CLP. An applicant who wishes to renew a CLP or whose CLP has expired must complete all applicable testing under Section 1030.80.
q) Prior to renewing a non-commercial instruction permit, an applicant is required to successfully complete vision screening and a written test.
**History**
- *Source: Amended at 48 Ill. Reg. 9020, effective July 1, 2024*
##### **92 Ill. Adm. Code 1030.66** Adult Driver Education {#sec-1030.66 omnilex-key=us-il-regs-official--title-92--1030.66}
a) A person age 18, 19 or 20 who wishes to apply for an Illinois driver's license and who has not previously held a driver's license or who has not successfully completed an approved driver education course or the classroom portion of an approved driver education course must successfully complete an adult driver education course offered by a certified adult driver education course provider.
b) A list of certified adult driver education providers is available at the Illinois Secretary of State official website (www.cyberdriveillinois.com).
c) To receive credit for participation in an adult driver education course, the applicant must take the course only from a provider that has been certified by the Secretary.
d) Applicants who take an adult driver education course from an entity that is not certified to provide adult driver education in Illinois shall not be issued an Illinois driver's license until the applicant successfully completes an adult driver education course from a certified provider, or until the applicant turns 21 years of age.
e) Upon receipt of notification from a provider that a student has successfully completed the adult driver education course, the Secretary shall send the applicant a notification, which the student shall bring to a Secretary of State facility to complete the application process for the issuance of a driver's license in accordance with this Part.
**History**
- *Source: Added at 38 Ill. Reg. 12515, effective July 1, 2014*
##### **92 Ill. Adm. Code 1030.70** Driver's License Testing/Vision Screening {#sec-1030.70 omnilex-key=us-il-regs-official--title-92--1030.70}
An applicant for an initial or renewal driver's license who is required to take a vision test shall comply with the following provisions:
a) The Department shall administer the vision examination to any applicant who is required to take a vision screening. However, applicants who want to use any vision aid arrangement, other than standard eyeglasses, or contact lenses shall submit a vision specialist report, or in lieu of that form, an ophthalmologist or optometrist statement may be submitted. Any applicant using a telescopic lens arrangement must meet the requirements of Section 1030.75.
b) An applicant who is required to take a vision screening must obtain a binocular (both eyes) acuity reading of 20/40 or better before being issued a driver's license without vision restrictions. If an applicant utilizes corrective eyeglasses, contact lenses or a combination thereof in order to obtain an acceptable acuity reading, a driver's license issued to this applicant shall be restricted to operating a motor vehicle while using the corrective lenses.
c) An applicant who obtains a binocular (both eyes) visual acuity reading of 20/41 to 20/70 inclusive may be issued a driver's license restricting the applicant to operating a motor vehicle during daylight only.
d) An applicant who uses eyeglasses or contact lenses in binocular (both eyes) screening and has an acuity reading of 20/41 to 20/70 inclusive shall be issued a driver's license restricting the applicant to operating a motor vehicle while wearing the eyeglasses or contact lenses during daylight only.
e) A screening will be administered for each individual eye to determine the need for an outside rearview mirror.
f) An applicant who obtains a monocular (individual eye) acuity reading that is 20/100 with or without standard eyeglasses or contact lenses shall be restricted to operating a motor vehicle equipped with both left and right rearview mirrors.
g) An applicant who is required to take a vision screening must demonstrate a total peripheral field of at least 140º binocular or 70º temporal monocular and 35º nasal monocular. An applicant who cannot meet the minimum peripheral field of vision requirements may submit a vision specialist report. If an applicant only qualifies monocularly, the individual will be restricted to operating a motor vehicle equipped with both left and right rearview mirrors. To qualify as monocular, the applicant must have a minimum total 70º continuous vision measured from the fixation point in at least one eye. If there is a question as to whether this minimum is met, the applicant must submit either the results of a computerized vision test that indicates the applicant meets the minimum continuous vision requirement or the results of a driving evaluation administered by a certified driver rehabilitation specialist that finds the applicant safe to operate a motor vehicle.
h) If the applicant is wearing contact lenses, the individual shall not be required to remove those lenses to take the vision screening.
i) If the applicant wants to remove the contact lenses in order to obtain an unrestricted license, the applicant may do so.
j) If the applicant does not have prescription eyeglasses or contact lenses in possession at the time of application, the applicant may proceed with the vision screening. If the applicant does proceed, but subsequently fails without eyeglasses or contact lenses, the individual may return at a later date with the eyeglasses or contact lenses to retake the vision screening.
k) If an applicant obtains a reading without correction that would restrict the applicant to daylight driving only and/or left outside rearview mirror, the applicant shall be issued a license or instruction permit with restrictions, if the applicant has satisfied all other requirements for the issuance of a driver's license or an instruction permit. If the applicant wishes to have the license or instruction permit issued on the basis of a vision specialist's report rather than the Secretary of State's vision screening, the applicant may submit a completed vision specialist report to the Department.
l) If the applicant returns at a later date with corrective glasses or contact lenses and successfully meets the vision standard, the restriction will be removed.
m) The appropriate fee will be required to change a restriction if the permanent driver's license has been or is in the process of being issued. If the applicant has not yet successfully completed the road test portion of the examination, no fee is required to change the restriction.
n) An applicant may submit a current and favorable vision specialist report if the individual fails the vision screening or does not wish to accept a certain driving restriction.
1) If the vision specialist has indicated a different acuity reading or peripheral field reading from the reading obtained at the facility, the vision specialist report will supersede the facility readings, even if it means the addition or deletion of restrictions.
2) The vision specialist may indicate the driver's eyesight condition is deteriorating or warrants monitoring by recommending periodic re-examination of the driver's eyesight on the vision specialist report. The Department must follow the recommendation of the vision specialist. Routine vision examinations requested by the vision specialist will not alone be a basis for the Department to request follow-up reports from the driver.
3) The Department shall notify the driver of the requirement to submit an updated vision specialist report to be completed by the vision specialist and driver. The driver must submit the completed vision specialist report to the Department within 60 days from the date of the Department's request.
A) If a current and favorable vision specialist report is not received by the Department within the specified time, the driver's license shall be canceled or the driver shall be medically denied driving privileges pursuant to IVC Sections 6-103(8) and 6-201(a)(5).
B) If a driver's license is canceled pursuant to this subsection (14)(C) and a favorable vision specialist report is subsequently received, the cancellation shall be rescinded, provided an unfavorable report is not received.
4) If the Department receives an unfavorable vision specialist report, the Department shall cancel or medically deny driving privileges pursuant to IVC Sections 6-103(8) and 6-201(a)(5).
A) The cancellation order shall remain in effect until the driver submits a favorable vision specialist report to the Department.
B) Upon the termination of a cancellation under this subsection (n)(4), the person may reapply for a driver's license as outlined in IVC Section 6-106.
5) If the Department receives an incomplete vision specialist report, a request shall be made for the necessary information required to process the report.
A) If the Department does not receive this information within 45 days after the request, the Department shall cancel or deny the issuance or renewal of the person's driving privileges pursuant to IVC Sections 6-103.8 and 6-201. Examples of an incomplete vision specialist report include, but are not limited to, omission of the name, address, signature or professional license number of the vision specialist or the date, or contains illegible information.
B) If a driver's license is canceled pursuant to this subsection (n)(5) and information requested is received that makes the vision specialist report acceptable, the cancellation shall be rescinded, provided an unacceptable report is not received.
o) Every person who has a valid driver's license may be required to be re-examined at the discretion of the Secretary of State, as provided in Section 1030.15 and IVC Section 6-109, to determine if the licensee meets minimum vision standards.
p) The Department shall require a driver to appear at a Driver Services Facility to receive a corrected driver's license if the visual acuity or visual peripheral readings warrant a change, the vision specialist recommends a driver's license restriction, or the facility representative issued a driver's license based on the vision specialist report with the wrong restriction pursuant to Section 1030.92.
q) The Department shall provide two written notifications to the driver at the last known address indicated on the Department's driving record file. The final notice shall state that failure to comply will result in the driver's license/privileges being canceled in accordance with Section 1030.15 and IVC Section 6-201(a)(5), provided a subsequent vision specialist report is not received from the same vision specialist indicating the restriction is no longer necessary.
**History**
- *Source: Amended at 50 Ill. Reg. 9349, effective July 1, 2026*
##### **92 Ill. Adm. Code 1030.75** Driver's License Testing/Vision Screening With Vision Aid Arrangements Other Than Standard Eyeglasses or Contact Lenses {#sec-1030.75 omnilex-key=us-il-regs-official--title-92--1030.75}
a) A vision specialist report form, when submitted by an applicant who uses a prescription spectacle mounted telescopic lens arrangement, shall contain the following statement:
1) The applicant has been fitted for a prescription spectacle mounted telescopic lens arrangement that the applicant has in his possession at least 60 days prior to the current application date for a driver's license.
2) The applicant has clinically demonstrated the ability to locate stationary objects within the telescopic field by aligning the object directly below the telescopic lens and simultaneously moving the head down and eyes up.
3) The applicant has clinically demonstrated the ability to locate a moving object in a large field of vision by anticipating future movement by moving the head and eyes in a coordinated fashion and is able to locate the moving object within the telescopic field.
4) The applicant has clinically demonstrated the ability to recall what was observed after a brief exposure, with the duration of the exposure progressively diminished to simulate reduced observation time while driving.
5) The applicant has clinically experienced levels of illumination that may be encountered during inclement weather, or when driving from daylight into areas of shadow or artificial light, and the applicant is visually able to successfully adjust to such changes.
6) The applicant has experienced both being a driver and a passenger in a motor vehicle, so that the applicant has practical experience of motion while objects are changing position.
b) A driver, for an initial or renewal driver's license, who uses a telescopic lens arrangement or other vision aid other than standard eyeglasses or contact lenses must submit a current and favorable telescopic lens vision specialist report to the Department.
1) A favorable telescopic lens vision specialist report contains a professional opinion that the applicant is safe to operate a motor vehicle, the monocular or binocular acuity reading through the telescopic lenses is 20/40 or better in both eyes, monocular or binocular acuity readings through the carrier lenses is 20/100 or better in both eyes, the peripheral readings meet Illinois vision standards, in accordance with Section 1030.70, and with the lens arrangement in place and without the use of field enhancements, the applicant has used the telescopic lenses at least 60 days prior to the date the examination is completed by the licensed vision specialist and the power of the telescopic lenses does not exceed 3.0 X wide angle or 2.2 X standard.
2) If a current and favorable telescopic lens vision specialist report is submitted, and the driver has satisfactorily completed the written requirements and has at least three years of licensed driving experience prior to the date of application, with or without the use of a telescopic lens arrangement, the driver must complete a road test accompanied by a Driver Services Facility representative designated by the Department with the telescopic lens arrangement in place. Upon successful completion of the road test, a driver's license with the proper restrictions will be issued in accordance with Section 1030.92.
3) If a current and favorable telescopic lens report is submitted and the driver has satisfactorily completed the written requirements and does not have at least three years licensed driving experience prior to the date of application, with or without the use of a telescopic lens arrangement, the driver must complete a traffic environmental screening with the telescopic lens arrangement in place. This traffic environmental screening shall consist of four parts as follows: stationary driver identifying a stationary object; stationary driver identifying a moving object; moving driver identifying a stationary object; and moving driver identifying a moving object. Upon successful completion of the traffic environmental screening, an instruction permit shall be issued with the proper restrictions in accordance with Section 1030.92. At the end of the six- month period following the date the instruction permit was issued, the driver's driving record will be reviewed. If the record is void of any suspensions, revocations or cancellations, either in effect or pending, a road test by a Drivers Services Facility representative will be administered. Upon successful completion of the road test, a driver's license will be issued. If the record reflects any suspensions, revocations or cancellations, either in effect or pending, the driver will not be eligible for a road test until the driving privileges have been reinstated.
4) If the telescopic lens vision specialist report is incomplete or not current, a request shall be made to the driver for the necessary information required to process the report.
A) If the Department requests additional information from the driver and the Department does not receive this information within 45 days after the request, the Department shall cancel or deny the issuance or renewal of the person's driver's license/privileges pursuant to IVC Sections 6-103(8) and 6-201.
B) If a cancellation order is entered based upon an incomplete telescopic lens report or one that is not current and a favorable telescopic lens vision specialist report is subsequently received, a rescind order shall be entered, provided an unfavorable telescopic lens vision specialist report is not received.
5) If the Department receives an unfavorable telescopic lens vision specialist report, the Department shall cancel or medically deny the driver's license/privileges pursuant to IVC Sections 6-103(3) and 6-201(a)(5).
A) If the Department receives a subsequent favorable telescopic lens vision specialist report, the Department shall rescind the unfavorable telescopic lens vision specialist report cancellation order and allow the driver to make application for a new driver's license pursuant to IVC Sections 1-110, 6-106 and 6-109.
B) Drivers who qualify to drive with the use of a telescopic lens arrangement shall be restricted to the following:
i) Driving during daylight hours only;
ii) Eligible for a Class D driver's license only;
iii) Periodic review of the driving record by the Department in accordance with IVC Section 6-109.
6) A current telescopic lens vision specialist report shall be submitted annually.
A) If a current telescopic lens vision specialist report is not received by the last day of the month the updated telescopic lens specialist report is due, the driving privileges shall be canceled or a driver's license denied.
B) If driving privileges are canceled pursuant to this subsection (b)(6) and a current telescopic lens specialist report is subsequently received, the cancellation shall be rescinded, provided an unfavorable telescopic lens specialist report is not received.
7) A telescopic lens driver requesting nighttime driving privileges for the first time must:
A) Possess a valid Class D driver's license with the proper restrictions and have operated a motor vehicle during daylight hours for a period of 12 months or held a telescopic nighttime training permit for 6 months immediately prior to making application while using vision aid arrangements other than standard eyeglasses or contact lenses.
B) Have a driving record that does not include any traffic accidents that occurred during nighttime hours for which the driver has been found to be at fault during the 12 months before applying for the special restricted license.
C) Successfully complete a road test administered during nighttime hours.
D) Submit a current and favorable telescopic lens visions specialist report to the Department that contains a statement from the licensed vision specialist that the driver is safe to operate a motor vehicle during nighttime hours while using a telescopic lens arrangement.
8) A telescopic lens driver wanting to renew nighttime driving privileges must:
A) Have a driving record that does not include any traffic accidents that occurred during nighttime hours for which the driver has been found to be at fault during the 12 months before applying for the special restricted license.
B) Successfully complete a road test every 48 months administered during nighttime hours. If the renewal applicant refused to submit to a nighttime drive test, the applicant's nighttime driving privileges shall be canceled.
9) If a driver with nighttime telescopic driving privileges is found to be at fault in an accident that occurred between dusk and dawn, or has been convicted or received court supervision for a violation of the IVC that occurred during nighttime hours, the nighttime telescopic driving privileges will be cancelled under IVC Section 6-201(a)(18). The driver may reapply for nighttime driving privileges as outlined in subsection (b)(7) of this Section.
10) A telescopic lens driver may apply for a telescopic nighttime training permit allowing, for a period of 6 months, the operation of a motor vehicle between sunset and 10:00 p.m. provided the driver is accompanied by a person holding a valid driver's license without nighttime operation restrictions. The driver must:
A) Possess a valid driver's license and have operated a motor vehicle during daylight hours for a period of 6 months using vision aid arrangements other than standard eyeglasses or contact lenses immediately prior to making application for the special training permit.
B) Submit to the Department a current favorable telescopic lens vision specialist report including a statement from the licensed vision specialist that the driver is safe to operate a motor vehicle during nighttime hours while using a telescopic lens arrangement.
C) Have a driving record that does not include any traffic accidents that occurred during nighttime hours for which the driver has been found to be at fault during the 6 months before applying for the telescopic nighttime training permit.
11) If a driver holding a telescopic nighttime training permit is found to be at fault for an accident that occurred between dusk and 10:00 p.m., the Department shall:
A) Notify the driver that the telescopic nighttime training permit will be withdrawn in 10 days. The driver may continue to operate a motor vehicle during daytime hours only.
B) Allow the driver to apply for nighttime driving privileges as outlined in subsection (b)(7).
12) A telescopic nighttime training permit shall expire 6 months from the date of issue.
A) Upon the expiration of the telescopic nighttime training permit, the driver is restricted to daylight driving only.
B) In order to regain nighttime driving privileges, the driver must:
i) Apply for a new telescopic nighttime training permit by submitting a current and favorable telescopic lens vision specialist report to the Department that contains a statement from the licensed vision specialist that the driver is safe to operate a motor vehicle during nighttime hours while using a telescopic lens arrangement; or
ii) Apply for full nighttime privileges as outlined in subsection (b)(8).
**History**
- *Source: Amended at 50 Ill. Reg. 9349, effective July 1, 2026*
##### **92 Ill. Adm. Code 1030.80** Driver's License Testing/Written Test {#sec-1030.80 omnilex-key=us-il-regs-official--title-92--1030.80}
Any applicant for an initial or renewal driver's license who is required to take a written test pursuant to IVC Section 6-109 shall comply with the following provisions:
a) Classification of licenses is established in Sections 1030.30 through 1030.40.
b) An applicant for a Class D license will be required to take a written test consisting of a minimum of 35 questions, of which 80% percent must be answered correctly in order to be eligible for a Class D license.
c) Unless exempted by subsection (l), an applicant for a Class C, B, A or L-M license shall be required to take the written test as set forth in subsection (b). The applicant must also take a written test established by the Secretary of State for the classifications and endorsements applied for. The number of questions required to be answered is dependent upon the classifications and endorsements applied for. Each written classification and endorsement test must consist of a minimum of 35 questions, of which 80% percent must be answered correctly for the applicant to be eligible for the classifications and endorsements applied for.
d) The written tests set forth in subsections (b) and (c) will be in the English language and may be in any other languages deemed necessary by the Secretary of State, based upon an identifiable demand.
e) An applicant who is illiterate may be given the written test orally.
f) An applicant who cannot read or write in the English language or another available foreign language must be eligible to take the written test. The Driver Services Facility supervisor or designee may provide or recommend use of an interpreter for the applicant's language if an interpreter is readily available. If an interpreter is not readily available, it will be the responsibility of the applicant to obtain the services of an interpreter. An interpreter must not be used when the applicant is attempting to complete the CDL knowledge tests.
g) An applicant must demonstrate the ability to read and understand official traffic control devices.
h) Any licensee who wants to change a classification or endorsements prior to renewal of a license will be required to take the written test for the classification or classifications and endorsements the applicant wants to obtain.
i) Before obtaining a Commercial Learner's Permit, an applicant must successfully complete the appropriate CDL knowledge tests specific to the learner's permit classification.
j) An applicant for a permit to operate a school bus must present an Illinois School Bus Driver's Permit Letter of Intent or its superseding form. Unless the applicant holds a valid CDL or a CDL expired for 30 days or less, issued by another state, with a S and P endorsement, the applicant will be given a special test consisting of not more than 24 questions, of which 22 or 90% must be answered correctly in order to be eligible for a permit. For purposes of this subsection (j), state means a state of the United States, the District of Columbia and any province or territory of Canada. [625 ILCS 5/6-500(27)]
k) Any person found cheating on any portion of a written test will be deemed to have failed that portion of the test. In addition, that person will be prohibited from retaking the written test for a period of 30 days. For purposes of this subsection, "cheating" is defined as receiving or using unauthorized assistance in the taking of any portion of a test. This includes, but is not limited to, the use of any notes, books, written information, and receiving answers from another person, whether those answers are provided in-person or remotely, via any electronic device, including, but not limited to, microphones and cell phones. [625 ILCS 5/6-301(a)(6)]
l) All persons applying for an Illinois CDL who hold a valid CDL or a CDL expired for less than 12 months issued by another state in the same or higher classification and endorsements, excluding a hazardous materials endorsement, for which they are making application are exempt from the written tests set forth in subsections (b) and (c). For purposes of this subsection (l), state means a state of the United States, the District of Columbia and any province or territory of Canada. [625 ILCS 5/6-500(27)]
m) Qualified and eligible military service members with certain MOS/Ratings (U.S. armed forces specialist designations) are exempt from the CDL general knowledge written exam (excluding school bus endorsement) if the applicant:
1) Is a current resident of this State;
2) Is a current or former member of the military services, including a member of any reserve component or National Guard unit;
3) Within one year prior to the date of application, was regularly employed in a military position that requires the operation of large trucks;
4) Received formal military training in the operation of a vehicle similar to the commercial motor vehicle the applicant expects to operate; and
5) Provides the Secretary of State with a State of Illinois Application for Exchange of US Military Commercial Driving Experience for Commercial Driver's License (CDL) signed by the applicant and the applicant's commanding officer certifying that the applicant qualifies for the general knowledge written exam waiver.
**History**
- *Source: Amended at 50 Ill. Reg. 9349, effective July 1, 2026*
## **Chapter II** Secretary of State
### **Part 1030** Issuance of Licenses
##### **92 Ill. Adm. Code 1030.81** Endorsements {#sec-1030.81 omnilex-key=us-il-regs-official--title-92--1030.81}
To obtain any of the following endorsements, a CDL holder must correctly answer 80% of the questions comprising a written knowledge test based on the Illinois Vehicle Code and the federal Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. 31305). Persons applying for any of the following endorsements, excluding a hazardous materials, passenger (P), or school bus (S) endorsement, who hold a valid CDL or a CDL expired for less than 12 months, issued by another state with the endorsement for which they are making application are exempt from this Section. A person applying for a passenger (P) and school bus (S) endorsement who holds a valid CDL or a CDL expired within 30 days or less issued by another state and with a (S) endorsement and a passenger (P) endorsement is exempt from the passenger (P) and school bus (S) endorsement written test. An applicant for a CLP may obtain a Tank (N), Passenger (P) or School Bus (S) endorsement once the applicant has taken and passed the knowledge test for each endorsement.
a) (T) Double or triple trailers (20 questions).
b) (P) Passenger carrying vehicles (16 or more passengers, including the driver) (20 questions). A skills test in a representative vehicle is required. Successful completion of entry-level driver training with passenger endorsement curriculum is required.
c) (N) Tank vehicles (20 questions).
d) (H) Any vehicle carrying hazardous materials that require placarding (30 questions). Successful completion of entry-level driver training with hazardous material curriculum is required.
e) (X) Combination tank vehicle and hazardous materials endorsement. A knowledge test for tank vehicles (N) and hazardous materials (H) must both be successfully completed prior to obtaining this endorsement (20 questions).
f) (C) Charter bus driver endorsement. Successfully complete a knowledge test on transporting students grade 12 or below to and from school related functions (20 questions).
g) (S) School bus. Successful completion of a written test (20 questions) and a skills test in a representative vehicle is required. Successful completion of entry-level driver training with school bus endorsement curriculum is required.
**History**
- *Source: Amended at 47 Ill. Reg. 7791, effective May 17, 2023*
##### **92 Ill. Adm. Code 1030.82** Charter Bus Driver Endorsement Requirements {#sec-1030.82 omnilex-key=us-il-regs-official--title-92--1030.82}
a) Requirements of Driver Applicants for a Charter Bus Driver Endorsement
In order for the Department to issue a charter bus driver endorsement, all driver applicants must:
1) Be 21 years of age or older;
2) Possess a valid and properly classified driver's license issued by the Department;
3) Submit to and successfully pass an Illinois specific criminal background check and Federal Bureau of Investigation criminal background check with current and future information through an approved vendor (A consent form must be signed by the driver applicant/CDL holder that allows the Department to release the fingerprint information to the driver applicant's employer.);
4) Pass a written test on charter bus operation, charter bus safety, and special traffic laws relating to charter buses and submit to a review of the driver applicant's driving habits by the Department at the time the written test is given;
5) Demonstrate the ability to exercise reasonable care in the operation of the charter bus pursuant to the requirements of IVC Section 6-508;
6) A driver applicant must demonstrate physical fitness to safely operate charter buses by undergoing a medical examination in accordance with the provisions of IVC Section 6-508;
7) Affirm under penalty of perjury that he/she has not made a false statement or knowingly concealed a material fact in any application for the endorsement;
8) Not have been convicted of committing or attempting to commit any one or more of the offenses set forth in IVC Section 6-508(c-1)(4).
b) Endorsement Application Process
1) A driver applicant seeking employment as a charter bus driver must obtain from the prospective employer an Application/Certification form for Illinois charter bus driver endorsement and then complete both the form and the fingerprint process.
2) The driver applicant shall then submit the completed Charter Bus Application/Certification form for the charter bus driver endorsement and the appropriate fee to the Driver Services Facility.
3) The Department shall review the driver applicant's driving history to determine if it is acceptable pursuant to IVC Sections 6-104 and 6-508. The driver applicant must:
A) pass a written test administered by the Department in accordance with IVC Section 6-508(c-1)(2).
B) successfully complete a road test, if applicable, administered by the Department or a third-party certifying entity in the class of vehicle to be used in accordance with IVC Section 6-508(a)(1). These tests must be successfully completed within three attempts.
4) On renewal/reapplication for a charter bus driver endorsement, the driver applicant shall be required to submit an Application/Certification form for the Illinois charter bus driver endorsement verifying the completion of all requirements. On renewal/reapplication for the charter bus driver endorsement, the driver applicant will not be subject to the fingerprint process.
c) Denial, Cancellation or Suspension of a CDL with a Charter Bus Driver Endorsement
1) The Department shall deny or cancel a CDL holder's charter bus driver endorsement:
A) If the criminal background investigation discloses the individual is noncompliant with any of the provisions of IVC Section 6-104 or 6-508;
B) Upon receiving notice that the endorsement holder failed to comply with any provision of this Part;
C) Upon receiving notice that the endorsement holder's commercial driving privileges are withdrawn or otherwise invalidated.
2) The Department shall deny a driver applicant for a charter bus driver endorsement upon an indication on a driving record of the failure to pay any fines, costs or fees that deny the renewal or reissuance of a driver's license or any other indication on a driving record that denies the renewal or reissuance of a driver's license.
3) A cancellation of a CDL with a charter bus driver endorsement shall remain in effect pending the outcome of a hearing pursuant to IVC Section 2-118.
4) An order may be rescinded provided the cause is removed and the driver applicant or CDL holder continues to meet the requirements outlined in IVC Sections 6-104 and 6-508.
d) Employer Responsibility
It shall be the responsibility of a prospective or current employer of a driver applicant or CDL holder of a charter bus driver endorsement to:
1) Request an employer seven digit assigned number by faxing to the Department a request on company letterhead indicating a contact person and telephone/fax number.
2) Distribute charter bus driver endorsement applications.
3) Ensure that driver applicants submit to a fingerprint based criminal background investigation.
4) Certify to the Department in writing that a driver applicant has successfully completed all employment conditions.
5) Notify the Department in writing that the employer has certified the removal from service of the CDL holder with the charter bus driver endorsement whose endorsement has been withdrawn by the Department, prior to the start of that CDL holder's next work shift.
6) Notify the Department in writing that the CDL holder with the charter bus driver endorsement is no longer employed as a charter bus driver by the reporting employer.
7) Notify the Department in writing that, while holding a previously issued valid charter bus driver endorsement, the CDL holder has now been accepted as a charter bus driver for the reporting employer.
8) Immediately upon receipt of a positive drug test, notify the Department in writing . This information shall be privileged and maintained for the use of the Department.
9) Maintain records of certifications that must be available for inspection by the Secretary of State.
e) Notice
The Department shall notify the driver applicant or the CDL holder and his/her current employer in writing that he/she:
1) is ineligible based on information provided by an ISP or FBI criminal background investigation; or
2) is no longer eligible for a charter bus driver endorsement; or
3) has related cancellations, suspensions or denials of the applicant's charter bus driver endorsement.
f) Hearings
1) Upon the request of a driver applicant or CDL holder whose charter bus driver endorsement has been denied, canceled or suspended, the Secretary of State shall conduct a hearing pursuant to IVC Section 2-118.
2) The petition requesting a hearing shall be in writing and contain the reason the driver applicant or CDL holder believes he/she is entitled to a charter bus driver endorsement.
3) The scope of the hearing shall be limited to the issuance criteria contained in IVC Sections 6-104 and 6-508.
**History**
- *Source: Amended at 39 Ill. Reg. 11531, effective July 28, 2015*
##### **92 Ill. Adm. Code 1030.83** Hazardous Material Endorsement {#sec-1030.83 omnilex-key=us-il-regs-official--title-92--1030.83}
a) For the Department to issue an HME, all applicants must successfully comply with the following:
1) Hold a valid and properly classified driver's license with a CDL issued by the Department;
2) Pass a TSA security threat assessment or hold a valid Transportation Worker Identification Credential (TWIC; i.e., an identification card issued by TSA to maritime workers with access to maritime facilities and vessels);
3) Pass a written test administered by the Department on the transporting of hazardous materials; and
4) Affirm under penalty of perjury that the applicant has not made a false statement or knowingly concealed a material fact in any application for the HME.
5) Successfully complete entry-level driver training with hazardous materials endorsement curriculum.
b) TSA Security Threat Procedures
1) The applicant shall pay all related application and fingerprinting fees established by 49 CFR 1572 (October 1, 2019) and submit the fingerprints to the authorized TSA vendor who will transmit fingerprint data to the Federal Bureau of Investigation for a fingerprint-based criminal history background record check.
2) Upon receipt of an Initial or Final Determination of Threat Assessment from TSA on an applicant that does not currently hold an HME on the applicant's CDL, the Department shall place an indication on the driving record of the applicant indicating the applicant is not eligible for an HME. Correspondence notifying the applicant of the failed threat assessment shall be sent by TSA directly to the applicant, along with information regarding the applicant's right to due process.
3) Upon receipt of Determination of No Security Threat from TSA on an applicant that currently holds a CDL with an HME, the Department shall place an indication on the driving record and notify the applicant in writing of the Determination of No Security Threat from TSA and direct the applicant to return to a driver services facility to complete the requirements to renew or transfer from another state the CDL with an HME.
4) Upon receipt of an Initial or Final Determination of Threat Assessment from TSA on an applicant that currently holds a CDL with an HME, the Department shall place a tag on the driving record and send written notice to the applicant explaining that the applicant has failed the Threat Assessment and, therefore, must appear at a driver services facility to have the HME removed from the CDL. The applicant will be given at least five days, but no more than 15 days, from the date of the notice to appear at a driver services facility and have the HME removed from the CDL. A corrected CDL will then be issued without the HME at no charge to the driver.
c) TWIC Procedures
1) The applicant shall email the applicant's TWIC card to the Department’s CDL/PDPS Help Desk at CDLPDPSHelpDesk@ilsos.gov.
2) The Department shall validate the TWIC against the TWIC Cancelled Card List.
3) If the TWIC does not appear on the TWIC Cancellation Card List, the Department shall load a notation to the driving record that indicates the applicant may be issued an HME. The applicant must appear at a Driver Services facility to have the HME added to their CDL or to renew their HME.
4) The Department shall submit a spreadsheet to TSA containing the names of all persons issued an HME indicating the applicant presented a TWIC.
5) Upon notification from TSA that a TWIC was invalid, the Department shall place a tag on the driving record and send written notification to the applicant explaining that the TWIC was invalid and, therefore, the applicant must appear at a driver services facility to have the HME removed from the applicant's CDL. The applicant will be given at least five days, but no more than 15 days, from the date of the notice to appear at a driver services facility and have the HME removed from the CDL. A corrected CDL will then be issued with no charge to the driver.
d) Refusal or neglect of an applicant to have the HME removed and obtain a corrected CDL, pursuant to subsection (b) or (c), shall result in the cancellation of the driver's CDL privileges pursuant to IVC Sections 6-201(a)(11) and 6-207. An applicant whose CDL privileges were canceled may request an administrative hearing to contest the cancellation. The scope of the hearing shall be limited to the reason for the cancellation and shall not address the Threat Assessment conducted by TSA or the determination by TSA that the TWIC was invalid.
e) If, after a driver's CDL privileges have been canceled pursuant to subsection (d) for failing to have the HME removed from the license, the Department receives a Determination of No Security Threat from TSA on the driver, or notification that the TWIC was valid, an order rescinding the cancellation shall be entered and the driver's CDL privileges and the HME will be valid.
f) An applicant who obtains a corrected CDL shall be deemed to be in compliance with the Department's request and shall be allowed to retain CDL driving privileges.
g) If the Department receives a Determination of No Security Threat after a driver has previously been deemed a security threat by TSA and has had the HME removed from the CDL in compliance with subsection (b) or (c), the Department shall send written notice to the driver that the driver is now eligible to have the HME added back to the CDL. The written notice shall advise the driver to visit a driver services facility to have a corrected CDL issued reflecting the HME at no cost.
h) Security Check at Expiration of HME
1) The Department shall notify a holder of an HME, at least 90 days before the expiration date of the HME:
A) that:
i) the applicant must initiate a security threat assessment from TSA as soon as possible, but no later than 60 days before the expiration of the applicant's HME; and
ii) the applicant's HME cannot be renewed if TSA has not issued to the Department a Determination of No Security Threat; or
B) that the Applicant must submit a renewed TWIC.
2) The Department must require that an HME be renewed no more than five years after issuance.
**History**
- *Source: Amended at 46 Ill. Reg. 7823, effective April 27, 2022*
## **Chapter II** Secretary of State
### **Part 1030** Issuance of Licenses
##### **92 Ill. Adm. Code 1030.84** Vehicle Inspection {#sec-1030.84 omnilex-key=us-il-regs-official--title-92--1030.84}
a) An applicant, who is required to take the road test, as defined in Section 1030.85, must provide a representative vehicle for the test. The vehicle will be safety inspected by an examiner prior to the road test. A vehicle that is not properly equipped or that does not have equipment in safe operating order will be rejected for use in the road test. The following equipment shall be safety inspected as required for the type of representative vehicles being used to administer the road test:
1) Registration plates shall be attached or affixed to the motor vehicle pursuant to IVC Section 3-413. The owner of a vehicle who does not have registration plates and/or a registration sticker shall present proper documentation, pursuant to IVC Section 3-407, showing that proper registration has been applied for, prior to use of the vehicle for road test.
2) When lighted lamps are required pursuant to IVC Section 12-201(b) for the road test, motor vehicles shall have mounted, exhibit and operate such lamps pursuant to IVC Sections 12-201, 12-202, 12-204, 12-205, 12-207, 12-208, 12-209, 12-210 and/or 12-215. A motorized pedalcycle must have mounted and display a lamp and reflector as required in IVC Section 11-1507.1.
3) When windshield wipers are required pursuant to IVC Section 12-503(d), they must be in proper operating condition.
4) The horn must be in proper working order pursuant to IVC Section 12-601. Horns do not include a siren, whistle or bell.
5) No person shall drive a motor vehicle with any sign, poster, window application, reflective material or nonreflective material upon the front windshield, sidewings or side windows immediately adjacent to each side of the driver that materially obstructs, obscures or impairs the view from within or without the vehicle. No person shall drive a motor vehicle with any objects placed or suspended between the driver and the front windshield or rear window that materially obstruct the driver's view. No person shall drive a motor vehicle when the windshield or side or rear windows are in such defective condition or repair as to materially impair the driver's view to the front, side or rear. A vehicle equipped with an unobstructed rearview mirror will be deemed to be in compliance in the event the rear window of the vehicle is materially obscured (see IVC Section 12-503).
6) No vehicle may be used for the road test if one or more tires are unsafe as defined in IVC Section 12-405. A vehicle equipped with metal studded tires may not be used for the road test.
7) The service brakes, foot or hand operated, must be in a condition that allows activation with one movement of the activating device. All First and Second Division vehicles must be equipped with an operable emergency brake. A Class M motorcycle shall have two methods of braking. A Class L motor-driven cycle or pedalcycle shall have at least one method of braking.
8) Each driver and front seat passenger of a 1965 or later model motor vehicle operated on a street or highway in this State shall wear a properly adjusted and fastened seat safety belt pursuant to IVC Section 12-603.1. Such requirements shall not apply to a driver possessing a written statement from a physician that the person is unable, for medical or physical reasons, to wear a seat safety belt, or to certain motor vehicles that are not required to be equipped with seat safety belts under 49 CFR 393.93. A retractable lap seat belt shall be provided for the driver of a school bus and must be used by the driver at all times while the bus is being operated, as required by IVC Section 12-807.
9) Every motor vehicle shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of the motor vehicle. A rectangular rearview mirror shall be located on the right and left sides of each Second Division school bus forward of the driver's seat. The mirrors shall have a minimum horizontal dimension of five inches and a minimum vertical dimension of 10 inches.
10) The seat for the person giving the test must be securely affixed in a location that assures the examiner's safety and allows the examiner to perform proper scoring of the road test pursuant to Section 1030.85. The seat must be free from excessive soil or grease and should have no protruding springs. Vehicles must not have loose objects on the seats or floors that could pose a danger to the driver or examiner.
11) The steering wheel must not be broken or have any part missing. The steering wheel when worked back and forth shall not have more than 5-10 degrees of free play (approximately 2" at the rim of a 20" steering wheel). Vehicles that have excessive free play (more than 10 degrees) in the steering mechanism shall be rejected as unsafe. Free play is the degree of movement the steering wheel must have before the front wheels move.
12) Both front vehicle doors must be operable from the inside and outside of the vehicle with the standard latching mechanism. Doors may not be wired or strapped shut.
13) Every motor vehicle of a width or design that would not allow hand signals to be adequately visible from the front and rear shall be equipped with an electric turn signal device that indicates the intention of the driver to turn to the right or to the left. The signaling device shall be in the form of flashing red or amber lights located at the rear of the vehicle on the side toward which the turn is to be made, mounted on the same level and as widely spaced laterally as practicable. Turn signal lamps must be visible from a distance of not less than 300 feet in normal sunlight.
14) Any motor vehicle or combination vehicle that operates with air brakes must have air brake hoses that are free from breaks, leaks or bulges that may prevent or hinder the safe operation of the vehicle braking system. Any motor vehicle or combination vehicle that operates with air brakes will not be permitted to be used for the road test if the air pressure gauge reading fails to maintain 95 pounds per square inch pressure during normal pressure buildup.
15) Three safety flags, flares, fuses or reflectors shall be provided in all Second Division vehicles as described in IVC Section 12-702.
16) An operating speedometer shall be mounted in all vehicles designated as a school bus in a manner that it is readable to the seated driver.
17) The emergency doors at the front and the rear of a designated school bus should open from the inside. The latch must be in operable condition. An alarm system that is visible and audible to the driver must be activated when the engine is running and the emergency door is unlatched.
18) One fire extinguisher shall be located in a position readily accessible to the driver of a school bus pursuant to IVC Section 12-808.
19) A school bus shall carry a removable and readily identifiable first aid and bodily fluid kit, mounted in full view of and readily accessible to the driver as required by IVC Section 12-809.
20) All school buses shall be equipped with an 8-lamp flashing signal system consisting of two alternately flashing red signal lights and two flashing yellow signal lights mounted at the front and rear of the bus as required by IVC Section 12-805. Each signal lamp shall be a sealed beam at least 5½ inches in diameter and shall have sufficient intensity to be visible at 500 feet in normal sunlight. The system shall be actuated only by means of a manual switch. There shall be a device for indicating to the driver that the system is operating properly or is inoperative.
21) All Second Division vehicles, as required by IVC Section 12-202, shall have mounted and properly display clearance, identification and side marker lamps. The lamps shall be illuminated for the road test, during periods when headlamps are required by IVC Section 12-201.
22) A stop arm shall be placed on the driver's side of each Second Division school bus and may be operated either manually or mechanically. The design of this stop arm shall comply with IVC Section 12-803.
23) The tailpipes of each Second Division school bus should extend beyond the rear end of the chassis frame at least one inch, but not beyond the rear of the bumper.
24) A religious organization bus or senior citizen transportation vehicle may be of any color and have any markings designating its purpose other than those required for school buses pursuant to IVC Sections 12-801, 12-802, 12-804 and 12-806. A road test, for a religious organization bus or senior citizen transportation vehicle restriction, may be administered in any vehicle of the proper representative type for the license restriction (see Section 1030.92).
25) No person shall operate any motorcycle, motor-driven cycle or pedalcycle for the road test with handlebars higher than the height of the shoulders of the operator when seated in the upright driving position.
26) The operator of a motorcycle, motor-driven cycle or pedalcycle used for the road test shall be protected by glasses, goggles or a transparent shield pursuant to IVC Section 11-1404.
27) Second Division vehicles or medical transport vehicles shall display a certificate of safety then in effect pursuant to IVC Sections 13-111 and 13-114, except that those vehicles displaying a Department of Transportation federal census number on the side of the vehicle shall not require the certificate.
28) No vehicle may be used for a road test that has any lighting or combination of lighting with a smoked or tinted lens or cover per IVC Section 12-212.
b) Prior to taking a road test, as defined in Section 1030.85, each applicant shall provide proof of insurance for the vehicle to be used for the road test or demonstrate that the vehicle falls within an exception to mandatory insurance requirements set forth in IVC Section 7-601.
c) If the applicant refuses to execute or fails to comply with this Section, then no road test shall be given to the applicant in that vehicle until such time as the applicant complies.
**History**
- *Source: Amended at 45 Ill. Reg. 9472, effective July 7, 2021*
##### **92 Ill. Adm. Code 1030.85** Driver's License Testing/Road Test {#sec-1030.85 omnilex-key=us-il-regs-official--title-92--1030.85}
a) Classification of licenses is established in Section 1030.30.
b) Persons applying for a Class C or Class D (CDL or Non-CDL) driver's license, a religious organization restriction, for-profit ridesharing arrangement restriction, or senior citizen transportation restriction in a First Division vehicle who are required by IVC Section 6-109 to complete a road test shall be evaluated on the following driving skills: start, posture, use of mirrors, steering, lane observance, right-of-way, left and right turns (signal, speed, lane, turn), attention (distraction level), following (too closely), speed (too fast/too slow), parking (up and downhill), starting (up and downhill), final park, signal (pulling into and away from curb, changing lanes), stop signs, other signs (yield, school, railroad, regulatory, warning, special), traffic lights, backing, turnabout, and use of clutch or automatic transmission.
c) Except as provided in subsection (e) pertaining to school bus drivers, in addition to those maneuvers listed in subsection (b), persons applying for a Class A or B driver's license (CDL) shall also be evaluated on the following:
1) Pre-Trip Inspection − the applicant shall demonstrate skills necessary to conduct a pre-trip inspection, which include the ability to:
A) locate and verbally identify air brake operating controls and monitoring devices;
B) determine the motor vehicle's brake system condition for proper adjustments and that the air system connections between vehicles have been properly made and secured;
C) inspect low pressure warning devices to ensure they will activate in emergency situations;
D) ascertain, with the engine running, that the system contains an adequate supply of compressed air;
E) determine that the required minimum air pressure build up at the time is within acceptable limits and that required alarms and emergency devices automatically deactivate at the proper pressure level; and
F) operationally check the brake system for proper performance.
2) Vehicle skills test that shall include dock parking, straight line backing, stopping at a marked line, and predetermined right turn.
3) Additional road test driving skills of use of gears, railroad crossing, expressway, bridge, and underpass.
d) In addition to those maneuvers listed in subsection (b), persons applying for a Class A or B driver's license (non-CDL) shall also be evaluated on straight line backing.
e) In addition to those maneuvers listed in subsection (c), persons applying for a school bus driver permit must complete a road test in a representative vehicle, which shall consist of the following as applicable: use of gears, railroad crossing (stop and observation), curb bus (simulate loading/unloading passengers), use of stop arm, and use of flasher lights. Pursuant to the exemption granted by the Federal Motor Carrier Safety Administration, which was effective November 28, 2024, persons applying for a school bus driver permit on or after September 1, 2025 are now exempt from the engine compartment component of the pre-trip inspection test. This subsection (e) does not apply to a person applying for a school bus driver permit who holds a valid CDL or CDL expired 30 days or less issued by another state with a passenger (P) and school bus (S) endorsement. For purposes of this subsection (e), state means a state of the United States, the District of Columbia and any province or territory of Canada. [625 ILCS 5/6-500(27)]
f) Applicants for a Class L or Class M driver's license who are required to complete a road test shall be evaluated by using of the following drive tests: ALMOST – Alternate Motorcycle Operator Skill Test; 5-dot test; and Off-Street Illinois Department of Transportation Motorcycle Operator Skill Test.
1) Test exercises for the ALMOST and Off-Street Illinois Department of Transportation Motorcycle Operation Skill Test, for both Class L and Class M, shall consist of the following: stalling (improper shift, failure to shift), sharp turn (path, foot down), normal stop (skid, position), cone weave (skips, hits, foot down), U-Turn (path, foot down), quick stop (distance), obstacle turn (path), slow drive (time, path, foot down).
2) Test exercises for the 5-dot test, for both Class L and Class M, shall consist of the following: knowledge of controls, figure U Walk (walk vehicle without engine running), start from rest, slow drive, gear shifting skill, figure 8 ride, serpentine ride (balanced cone weave), posture, mounting/dismounting.
g) Test exercises and skills are evaluated on a point system. When the applicant commits an error, a point or points are assessed based upon the severity of the error. Applicants for a CDL or Non-CDL Class A, B, C, or D license or a religious organization vehicle restriction, for-profit ridesharing arrangement restriction or senior citizen transportation restriction are allowed 36 points. Applicants for a Second Division school bus permit are allowed 40 points. Applicants for a First Division school bus permit are allowed 36 points. Applicants for a Class L or M license taking the ALMOST or Off-Street Illinois Department of Transportation Motorcycle Operation Skill Test evaluation shall be allowed 11 points. Applicants for an L or M license taking the 5-dot test shall be allowed seven points.
h) The following acts will result in immediate disqualification: a violation in which an applicant receives a ticket; a dangerous action; lack of cooperation or refusal to perform; or letting the cycle fall or falling off a cycle.
i) A road test will be considered incomplete for the following reasons: the applicant becomes ill or disabled and is unable to continue the road test; the vehicle develops mechanical problems after the road test has begun; weather conditions make the continuation of the road test hazardous; or an accident occurs for which the applicant does not receive a ticket.
j) No persons are allowed to accompany the applicant and examiner on the road test. When necessary, exceptions may be made for any applicants who may require a translator and for the training and evaluation of facility personnel.
k) Any applicant who is suspected by a Driver Services Facility employee of having consumed alcohol or drugs must seek the approval of a Driver Services Facility manager prior to being administered the road test. If a Driver Services Facility manager has reasonable cause to believe that an applicant has consumed alcohol or drugs, the applicant shall not be administered the road test. Evidence of alcohol or drug consumption shall include, but not be limited to, one or more of the following conditions:
1) the applicant admits to having consumed alcohol or drugs;
2) there is a strong odor of alcohol on the applicant's breath;
3) the applicant's eyes are red and the pupils are dilated;
4) the applicant's speech is slurred; or
5) the applicant is unsteady when walking.
l) All persons applying for a CDL shall be required to successfully complete the examinations set forth in subsections (c) and (d) pursuant to IVC Section 6-508(a)(1). The requirement of this subsection (l) shall not apply to persons renewing their Illinois CDL, persons who hold a valid CDL issued by another state in the same or higher classification for which they are making application, or persons holding an Illinois CLP who successfully completed federally approved CDL training and testing in another CDL certified state. For purposes of this subsection (l), state means a state of the United States, the District of Columbia and any province or territory of Canada. [625 ILCS 5/6-500(27)].
m) Military personnel are exempt from the CDL administered pre-trip, skills, and road test (excluding school bus and passenger endorsements) if:
1) In the two-year period immediately prior to application for a CDL the applicant has not:
A) had more than one license, except for a military-issued driver's license;
B) had any driver's license suspended, revoked, or cancelled;
C) had any convictions in any type of motor vehicle for the disqualifying offenses contained in 49 CFR 383.51(b) (October 1, 2012);
D) had more than one conviction in any type of motor vehicle for a serious traffic violation contained in 49 CFR 383.51(c) (October 1, 2012); and
E) had any conviction for a violation of military, State, or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic accident and has no record of an accident in which the applicant was at fault.
2) The applicant certifies that:
A) the applicant is regularly employed or was regularly employed within the last 12 months in a military position requiring operation of a commercial motor vehicle;
B) the applicant was exempted from the CDL requirements of 49 CFR 383.3(c) (October 1, 2012); and
C) the applicant was operating a vehicle representative of the commercial motor vehicle the applicant operates or expects to operate for at least the two years immediately preceding discharge from the military.
3) The applicant submits a completed Secretary of State CDL-ST WVR form, including signature of the applicant's commanding officer.
n) The use of any recording device, including but not limited to cell phones, cameras, tape recorders, or video recorders, is prohibited during the administration of a road test. If an examiner discovers a recording device is in use during the road test, the examiner shall ask the applicant to stop the recording device and delete any recordings of the road test. If the applicant refuses to do so, the examiner shall immediately terminate the road test and the applicant will be deemed to have failed the road test.
o) Except as provided otherwise in this subsection (o), every applicant who is turning 87 years of age or older at the time of their next renewal applying to renew a driver's license must prove, by actual demonstration, the applicant's ability to exercise reasonable care in the safe operation of a motor vehicle. Every applicant for a renewal of a CDL who is turning 75 years of age or older must prove, by actual demonstration, the applicant's ability to exercise reasonable care in the safe operation of a commercial motor vehicle. (See Section 37 of the Secretary of State Act [15 ILCS 305] and Section 6-109 of the Illinois Vehicle Code.)
p) Applicants must wear shoes during a road test.
**History**
- *Source: Amended at 50 Ill. Reg. 9349, effective July 1, 2026*
## **Chapter II** Secretary of State
### **Part 1030** Issuance of Licenses
##### **92 Ill. Adm. Code 1030.86** Multiple Attempts – Written and/or Road Tests {#sec-1030.86 omnilex-key=us-il-regs-official--title-92--1030.86}
a) The fee to obtain a driver's license required by IVC Section 6-118 shall entitle a person to a total of three attempts to pass the written and/or road tests within a one year period starting from the date of the first attempt. The first attempt is counted as one of the three attempts as provided for in IVC Section 6-106.
b) An applicant for an Illinois CLP or CDL who fails the written and/or road tests after a third attempt shall be prohibited from re-testing for a period of 30 days.
c) An applicant for a CLP or CDL who submits a new application after the 30-day waiting period specified in subsection (b) shall be allowed three attempts to successfully complete the written and/or road tests. Failure to successfully pass the written and/or road tests shall result in a waiting period of 90 days.
d) An applicant for a CLP or CDL who submits a new application after the 90-day waiting period specified in subsection (c) shall be allowed three attempts to successfully complete the written and/or road tests. Failure to successfully pass the written and/or road tests shall result in a waiting period of one year from the date of the first fail.
e) An applicant for an Illinois driver's license may be allowed to attempt the written and/or road tests a second time after a failure in the same day during normal business hours of the Driver Services Facility after failing the first attempt to pass the written and/or road tests. An applicant for a non-Visa status TVDL may be allowed to attempt the written or road test a second time after a failure in the same day, during normal business hours of the Driver Services Facility, if the Facility manager determines that sufficient personnel and time are available. However, if the applicant demonstrates a danger to public safety during the first attempt to pass a written and/or road tests, a second attempt during the same day will not be allowed. An applicant will not be allowed to make a third attempt to pass a road test on the same day in which the previous attempt was failed. If an applicant fails the road test six times, the individual will not be permitted to attempt the road test a seventh time until a current favorable completed medical report form is submitted to the Department pursuant to IVC Sections 6-103(8) and 6-109(b). An applicant shall be exempt from the requirement of filing a medical report if, within the previous 90 days, a favorable medical report has been filed with the Department.
f) The provisions of this Section do apply to applicants who are upgrading their driver's license classification.
**History**
- *Source: Amended at 39 Ill. Reg. 11531, effective July 28, 2015*
##### **92 Ill. Adm. Code 1030.88** Exemption of Facility Administered Road Test {#sec-1030.88 omnilex-key=us-il-regs-official--title-92--1030.88}
a) Approved High School Driver Education Course
1) The Department shall exempt a high school student from a facility-administered road test if the student has earned a grade of A or B for an approved high school driver education course, passed a road test administered by a Department-certified high school driver education instructor, and presents an authorization form signed by the driver education instructor exempting the student from the facility-administered road test.
2) Each local board of education that wants to participate in the cooperative driver testing program must submit an application to the Field Services Bureau, Department of Driver Services of the Secretary of State's Office, 2701 S. Dirksen Parkway, Springfield, Illinois 62723. The application shall consist of the Cooperative Driver Testing Program Intent to Participate form and also a Compliance Affidavit for each participating driver education instructor. The application shall include the name and address of the high school and the names of the driver education instructors who will participate in the program. The application shall also include a statement that the schools and instructors listed for participation in the program shall administer a road test. The application shall be submitted once per calendar year. The Department shall accept all Intent to Participate forms that are accurate and complete and signed by the district superintendent. The Department shall accept all Compliance Affidavits that are accurate and complete and that show compliance with subsection (a)(3).
3) Each high school instructor shall submit a compliance affidavit that shows the instructor is an accredited driver education teacher with the Illinois State Board of Education pursuant to 23 Ill. Adm. Code 1.737(b)(3), possesses either a valid Illinois driver's license or a valid and properly classified out-of-state driver's license with submission annually of an acceptable, certified out-of-state driving abstract, and shall have attended an initial certification clinic offered by the Department.
4) Each high school instructor shall notify the Department if a student fails a road test administered by the instructor. The notification shall be made within two business days after the failure and shall include the student’s name, instruction permit number, road test score sheet, and the date on which the road test was administered.
5) A high school instructor may not conduct a road test for a student who has previously failed a Cooperative Testing road exam.
6) The high school instructor shall submit a schedule of road tests in a manner prescribed by the Department, including but not limited to dates, times, and locations of testing, to the Department, no later than two business days prior to each test.
b) Approved Commercial Drivers Training School Driver Education Course
1) The Department shall exempt a high school student or a student who is no longer attending high school, has not yet reached the age of 18, and who meets the qualifications set forth in IVC Section 6-408.5(b) from a facility-administered road test if the student has:
A) earned a grade of A or B in the classroom portion of an approved high school driver education course and has completed the behind-the-wheel portion at a high school or a commercial driver training school; or
B) obtained an overall score of 80% in an approved driver education course at commercial driver training school licensed pursuant to IVC Section 6-401 and passed a road test administered by a commercial driver training school instructor certified by the Department to administer road tests.
2) Each commercial driver training school that wants to administer a road test must submit an application to the Commercial Driver Training School Section, Department of Driver Services, 1800 W. Hawthorne Lane, West Chicago, IL 60185. The application shall consist of the Secretary of State Intent to Participate form and a Compliance Affidavit for each participating commercial driver training instructor. The application shall include the name and address of the commercial driver training school (and branch if applicable) and the names of the commercial driver training instructors who will participate in administering road exams. The application shall be submitted once per calendar year and updated as needed during the year. The Department shall approve only those applications and instructors who meet the criteria set forth in Section 1060.270 and who have completed an initial certification clinic offered by the Department.
c) The exemption from the facility testing will expire on the same day as the student's current instruction permit. The student shall be required to obtain a valid driver's license prior to the expiration date of the permit in accordance with the program. After the expiration date, the student shall complete a facility-administered road test. No extension of the exemption from facility testing beyond the expiration date of the instruction permit shall be allowed.
d) The Department may spot-check a sample of the exempted driver population. The Field Services Bureau of the Department shall choose the sample to be tested based on the applicant's birthday. Three calendar days per month shall be designated for the testing, and an applicant whose birthday is on one of the selected days shall be required to successfully complete a facility-administered drive test. The selected dates shall be altered every three months.
e) The exemption authorization form shall be designated in a manner prescribed by the Department. The student shall submit the authorization form to a Driver Services Facility employee of the Department when applying for a driver's license.
f) Motorcycle Road Test. The Department shall exempt an applicant for a Class M or Class L driver's license (see Section 1030.30), which allows operation of a motorcycle or motor-driven cycle, from a facility-administered road test if the applicant possesses a valid Illinois driver's license to operate any other classification of motor vehicles and:
1) shows acceptable proof of completion of a motorcycle rider safety training course approved by the Illinois Department of Transportation stating the individual is qualified to operate a motorcycle and/or motor-driven cycle with the cubic centimeter piston displacement that correlates to the classification of driver's license applied for. Successful completion of the motorcycle rider safety training course shall be evidenced by a Student Completion Card issued by the Illinois Department of Transportation not more than one year prior to the date of application; or
2) is an active-duty member of the United States Armed Forces and presents a motorcycle rider training/testing course completion card issued by the Motorcycle Safety Foundation, dated not more than one year prior to the date of application, that indicates the applicant is qualified to operate a motorcycle or motor-driven cycle with cubic centimeter piston displacement that correlates to the classification of driver's license for which the applicant is applying. The completion card must be accompanied by an Illinois Secretary of State approved verification form completed by the applicant and examiner certified by the Motorcycle Safety Foundation.
**History**
- *Source: Amended at 47 Ill. Reg. 17529, effective November 7, 2023*
##### **92 Ill. Adm. Code 1030.89** Temporary Driver's Licenses and Temporary Instruction Permits {#sec-1030.89 omnilex-key=us-il-regs-official--title-92--1030.89}
a) The Department shall issue a temporary driver's license or instruction permit to an applicant who is not otherwise ineligible for a driver's license or instruction permit if the Driver Services Facility representative is unable to produce a driver's license or instruction permit due to an equipment failure or the facility lacks the equipment needed to produce a driver's license or instruction permit, or if a required drive test at the time of renewal cannot be completed due to adverse road conditions that would make administration of the examination more difficult or unsafe, as determined by the facility manager. A temporary driver's license is also issued by a Driver Services Facility representative if the applicant does not wish a photo to be taken at the time the license is obtained or renewed due to facial disfigurement, or if the applicant is waiting for a non-photo driver's license application to be processed.
b) Temporary License or Permit upon Application by Driver
1) Persons who submit an application as required by IVC Section 6-106 and a fee as required by IVC Section 6-118(a) to the Driver Services Department of the Office of Secretary of State, 2701 South Dirksen Parkway, Springfield, Illinois 62723, and are not otherwise ineligible for a driver's license or instruction permit under the provisions of IVC Section 6-103, shall be issued a temporary driver's license or instruction permit if the applicant:
A) loses a valid Illinois driver's license while out-of-state;
B) is temporarily out-of-state and unable to return to Illinois to renew the driver's license;
C) surrendered a valid Illinois driver's license in compliance with a terminated suspension notice and has a revocation or second or subsequent suspension pending; or
D) has a pending suspension or revocation of driving privileges that will be effective in 60 days or less and wishes to renew driving privileges prior to the effective date of the suspension or revocation.
2) The applicant shall be issued a temporary driver's license or instruction permit that is valid for up to 90 days. No extension past the expiration date shall be allowed. If the applicant has not returned to Illinois by the date of expiration of the temporary driver's license, arrangements must be made for the applicant to take the necessary test or tests at an out-of-state facility.
c) All applicants who receive a temporary driver's license or instruction permit in lieu of a driver's license or instruction permit must show proof of legal name, a valid social security number (if the applicant has a social security number), zip code, date of birth, sex, and residence address as described in IVC Section 6-106. The applicant shall affirm that all information set forth on the application is true and correct and bears the applicant's signature.
d) Temporary driver's licenses or instruction permits shall be issued for a period of time not to exceed 90 days and shall be valid only when in the possession of the driver.
e) A temporary driver's license or instruction permit shall be invalid after the person receives a driver's license, has been refused a driver's license or has had driving privileges suspended, revoked or canceled.
f) A temporary driver's license or instruction permit, issued pursuant to this Section, shall not be valid for identification purposes and shall so state on the license or permit itself.
**History**
- *Source: Amended at 48 Ill. Reg. 9020, effective July 1, 2024*
##### **92 Ill. Adm. Code 1030.90** Requirement for Photograph and Signature of Licensee on a Driver's License or Identification Card {#sec-1030.90 omnilex-key=us-il-regs-official--title-92--1030.90}
a) Application
Every driver's license issued pursuant to IVC Section 6-110 and identification card issued pursuant to Section 4 of the Illinois Identification Card Act shall include, as an integral part of the license or card, a head and shoulder, full-faced color photograph of the applicant to whom the driver's license or identification card is being issued. A full-faced photograph must be taken without any obstruction of the applicant's facial features or any items covering any portion of the face. Prescription glasses may be allowed. The driver's license or identification card shall be a photographically generated document that also includes the required information pertaining to the applicant, the applicant's signature, and other special security features to reduce the possibility of alteration or illegal reproduction. The driver's license or identification card must utilize a photograph taken of the driver at a Driver Services Facility that is produced by equipment specifically designed for this purpose. The photograph and signature must be updated at least every 12 years for a driver's license and at least every 15 years for an identification card unless the applicant for either holds a military deferral certificate or civilian employee deferral card issued by the Department.
b) Exceptions
Exceptions may be made in the best interest of individual Illinois drivers or identification card holders as follows:
1) Established Religious Convictions in the Issuance of a Driver's License Only
A) A driver will not be required to submit to a photograph if sufficient justification is provided by the driver to establish that a photograph would be in violation of or contradictory to the driver's religious convictions. If a driver declares that the use of a photograph is against the driver's religious convictions, the driver will be given an Affidavit to be completed. This Affidavit contains designated areas for a detailed written explanation of the reasons why a photograph is against the driver's religious convictions, a place for the driver's signature and date, the designation of the religious sect or denomination involved, space for a minister or other religious leader to apply a signature attesting to the explanation the driver has offered, along with the date and official title of the minister or religious leader.
B) The Affidavit shall be forwarded by the driver to the Driver Services Department Central Office in Springfield where a review and decision will be made by the Director of the Driver Services Department relative to the issuance or non-issuance of a valid driver's license without photograph. To assist the Director in this decision, a committee of three administrative personnel will be appointed by the Director. Each Affidavit will be reviewed by each member of the committee, and each individual recommendation will be made to the Director for his final decision.
C) A non-photo temporary driver's license, not to exceed 90 days in duration, shall be issued to allow for driving privileges during the interim period while the Affidavit will be reviewed and a decision will be made by the Director.
D) Upon approval by the Director, a valid driver's license without a photograph will be issued from the Central Office utilizing an application signed by the driver. The driver's license will be mailed to the driver's home address.
2) Facial Disfigurements in the Issuance of a Driver's License Only
A) When a driver requests a driver's license without a photograph because the driver states that it is embarrassing or distasteful to submit to a photograph because of a facial disfigurement caused by disease, trauma or congenital condition, the requirement of a photograph may be waived. The Supervisor of the Driver Services Facility in which the driver appears shall make a decision, based upon the extent of the facial disfigurement, regarding the issuance of a driver's license without a photograph. Should the Supervisor approve the issuance of a driver's license without a photograph, the driver's license will be issued from the Central Office utilizing an application signed by the driver. The driver's license will be mailed to the driver's home address.
B) Should the Supervisor not approve the issuance of a driver's license without a photograph, the Supervisor will forward a written statement from the driver, along with a statement from the Supervisor providing detailed information to the Director of the Driver Services Department regarding the extent of the disfigurement and the Supervisor's justification for disapproval. The Director of the Driver Services Department may obtain further information or professional opinions to support an objective decision regarding whether a valid driver's license without the photograph may be issued.
C) A non-photo temporary driver's license, not to exceed 90 days in duration, shall be issued to allow driving privileges during the interim period while the driver's license is being issued, or the statements relating to disapproval are being reviewed and a decision is being made.
D) Upon approval by the Director, a valid driver's license without a photograph will be issued from the Central Office utilizing an application signed by the driver. The driver's license will be mailed to the driver's home address.
3) Out-of-State in the Issuance of a Driver's License Only
A) Drivers who are temporarily residing outside the State of Illinois or who are temporarily absent from the State at the expiration date of the driver's license may apply for a valid driver's license without photograph and signature because of their inability to appear at an Illinois Driver Services Facility. If an Illinois driver declares, in writing, that the driver is out-of-state at the time the driver's license must be renewed and submits this information with the properly completed application and renewal fee, a driver's license may be issued without the driver's photograph and signature.
B) The driver must appear at a Driver Services Facility within 45 days after returning to Illinois and exchange this valid driver's license without photograph and signature for a driver's license containing the driver's photograph and signature. This replacement driver's license is issued without additional charge to the driver. If the driver does not return to Illinois and obtain a replacement driver's license with the photograph and signature, the driver's license without the photograph and signature may not be renewed upon expiration unless the driver submits an affidavit attesting to the fact that he/she has not returned to the State of Illinois during the term of the driver's license without the photograph and signature.
C) A non-photo temporary driver's license may be issued to those drivers who plan to return to Illinois within a 90-day period. If a driver's license renewal examination is required, this examination must be taken and will not be waived. In those cases in which reciprocal agreements exist with driver's licensing entities in other jurisdictions, the Illinois examination shall be administered by a qualified representative of the jurisdiction, and the results reported to and accepted by the Illinois Department.
4) Religious Head Coverings in the Issuance of a Driver's License or an Identification Card
A) The wearing of religious head coverings for the photograph shall be allowed if the head covering does not cover any area of the open face and if the applicant signs a declaration stating that a sincerely held religious belief requires the person to wear an unconcealed religious head covering when in public, that in observation and exercise of the applicant's religious beliefs, the applicant does not normally remove the religious head covering in public unless removal is necessary, at the applicant's discretion, and that the applicant does not remove the head covering in public as a matter of courtesy or protocol, such as when in court.
B) An applicant who meets the requirements of subsection (b)(4)(A) will be given a declaration to be signed. In addition to the statements in subsection (b)(4)(A), the declaration shall include the following:
i) The applicant's name, address, and driver's license or identification card number;
ii) The language "Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certifies that the statements set forth in this declaration are true and correct."; and
iii) A place for the applicant's signature and date.
c) Hearings
Should the Director deny the issuance of a driver's license or identification card without a photograph or signature, the individual may appeal that decision by requesting in writing a hearing pursuant to IVC Section 2-118.
**History**
- *Source: Amended at 48 Ill. Reg. 8386, effective May 24, 2024*
##### **92 Ill. Adm. Code 1030.91** Person with a Disability Identification Card and Wallet Card {#sec-1030.91 omnilex-key=us-il-regs-official--title-92--1030.91}
a) If a person wishes to obtain an Illinois Person with a Disability Identification Card pursuant to Section 4(b) of the Illinois Identification Card Act [15 ILCS 335], the individual must complete an application form provided by the Department.
b) The Person with a Disability Identification Card application must include the person's legal name, address, social security number, sex, height, weight, hair color, eye color and date of birth. The applicant's competent medical specialist must certify in priority order the type of disability that the person has as physical, developmental, visual, hearing or mental and the classification of the disability to be Class 1, Class 1a, Class 2, or Class 2a as defined in Section 4A(b) of the Illinois Identification Card Act, sign the application and print or type their name, business address and business phone number. For purposes of this Section only, a competent medical specialist includes a licensed physical therapist.
c) The application forms will not be accepted by the Department unless all portions of the form are completely filled out. Failure to complete the application properly will result in the applicant's request being denied. The application is valid for a period of three months from the date of signature of the competent medical specialist.
d) If an applicant for a Person with a Disability Identification Card indicates on the application that the individual has a disability so severe that it precludes the applicant from obtaining an Illinois driver's license, and it is determined that the applicant has a valid Illinois driver's license, a Person with a Disability Identification Card will be issued. The case will be forwarded by the facility to the Driver Analysis Division of the Department for review and possible cancellation of the driver's license pursuant to 92 Ill. Adm. Code 1040.80.
e) Upon issuance of an Illinois Person with a Disability Identification Card to a person with a Type Two (Developmental) or Type Five (Mental) disability, as defined in Section 4A of the Illinois Identification Card Act [15 ILCS 335], the Secretary will inform the applicant of the availability of a Person with a Disability Wallet Card that specifies the cardholder has been medically diagnosed with a disability. Upon request, SOS will provide a Wallet Card to the applicant.
**History**
- *Source: Amended at 50 Ill. Reg. 9349, effective July 1, 2026*
##### **92 Ill. Adm. Code 1030.92** Restrictions {#sec-1030.92 omnilex-key=us-il-regs-official--title-92--1030.92}
a) A driver services facility representative has the authority to determine license restrictions. No restriction will be added to a driver's license until the driving test, if required, is given unless the restriction is due to a vision or hearing defect.
b) If a change in a person's physical or visual condition is discovered by a facility representative, the representative has the authority to add, delete, or change the restrictions.
c) A Type B restriction requires corrective eye lenses. This restriction is added when a person needs corrective eye lenses to meet visual acuity standards as provided in Section 1030.70. This restriction includes eyeglasses and contact lenses in one or both eyes, pursuant to Section 1030.75.
d) A Type C restriction requires the driver to use one or more mechanical aids (e.g., hand-operated brake, gearshift extension, shoulder harness, or foot-operated steering wheel) to assist with the proper and safe operation of the vehicle.
e) A Type D restriction requires the driver to use one or more prosthetic aids (e.g., artificial legs, artificial hands, hook on right or left arm, or brace on each leg) while operating a motor vehicle.
f) A Type E restriction requires automatic transmission. An automatic transmission restriction is added when a driver of a commercial motor vehicle uses an automatic transmission during the pre-trip, skills, and road portions of a commercial driver's license test as provided in the Federal Motor Carrier Safety Regulations (FMCSR) (49 CFR 383.95(c); October 1, 2014).
g) A Type F restriction requires left and right outside rearview mirrors when a driver is hearing impaired, has a monocular visual acuity reading of 20/100 or worse in either eye, requires a right outside rearview mirror because of problems turning the head while backing, cannot meet the peripheral vision requirements of Section 1030.70(g), or takes the road test in a right hand-driven vehicle with the steering wheel on the right side. A driver may be restricted to both left and right rearview mirrors if minimum peripheral standards are met using only one eye in accordance with Sections 1030.70 and 1030.75.
h) A Type G restriction requires the driver to drive only in the daylight. This restriction is added when a driver has binocular visual acuity that does not meet the 20/40 minimum in accordance with Section 1030.70(b) but is not worse than 20/70. People who want to drive utilizing a non-standard lens arrangement pursuant to Section 1030.75 are restricted to daylight driving only.
i) A Type J restriction with appropriate numerical indicators includes other restrictions not otherwise listed in this Section. These Type J restrictions and numerical indicators are as follows:
1) J01 Driver has been issued an Illinois Medical Restriction Card that must be carried in addition to a valid Illinois driver's license/permit.
2) J02 Driver authorized to operate a religious organization bus within the same classification, as provided in IVC Section 6-106.2.
3) J03 Driver authorized to operate a religious organization bus or van within Class D only. The driver took the religious organization bus test in a Class D vehicle but may hold a Class A, B, or C license.
4) J04 Driver authorized to operate a religious organization bus or van within Class C or a lesser classification vehicle only. The driver took the religious organization bus test in a Class C vehicle but may hold a Class A or B license.
5) J05 Driver authorized to operate a senior citizen transportation vehicle within the same classification. The driver operates a vehicle that is utilized solely for the purpose of providing transportation for senior citizens, as provided in IVC Section 6-106.3.
6) J06 Driver authorized to operate a senior citizen transportation vehicle within Class D only. The driver took the senior citizen transportation vehicle test in a Class D vehicle but may hold a Class A, B, or C license.
7) J07 Driver authorized to operate a senior citizen transportation vehicle within written Class C vehicle or a lesser classification vehicle only. The driver took the senior citizen transportation vehicle test in a Class C vehicle but may hold a Class A or B license.
8) J08 Driver authorized to operate a commuter van in a for-profit ridesharing arrangement within the same classification, as provided in IVC Section 6-106.4.
9) J09 Driver who is 16 or 17 years of age authorized to operate either Class L motor-driven cycles or Class M motorcycles, as provided in IVC Section 6-103(2).
10) J10 Driver restricted to the operation of a vehicle with a GVWR of 16,000 pounds or less.
11) J11 Indicates the driver took the road test on a three-wheel motorcycle (Class M) or three-wheel motor-driven cycle (Class L) and is restricted to a three-wheel cycle of the proper class.
12) J14 Authorizes the driver to operate a motor vehicle with outside mirrors using a non-standard lens arrangement during daytime hours only.
13) J15 Special Restrictions − An applicant may have special restrictions applied specifically to the vehicle the applicant is operating at the time a road test is being administered by a facility examiner. These special restrictions may apply only when the applicant is operating that particular motor vehicle. This J15 restriction only applies to variations of C, D, or J60 restrictions. To remove a special restriction or to operate another motor vehicle would require the applicant to be administered another road test in the new vehicle.
14) J16 Moped Only – Authorizes an applicant holding a Class L license to operate a moped only.
15) J17 Authorizes a person holding a Class L or M license to operate a motorcycle or motor-driven cycle with rear wheel extensions while maintaining a single front wheel.
16) J33 Authorizes driver to operate a Class D vehicle with outside mirrors using a non-standard lens arrangement during all hours.
17) J48 Authorized to operate a school bus within classification solely in Illinois when accompanied by a valid and Illinois school bus driver permit.
18) J49 Authorized to operate only a first division vehicle and multi-function school bus activity bus designed to carry up to 15 passengers being used for curriculum-related activities when accompanied by a valid Illinois school bus driver permit.
19) J50 Farm Waived Non-CDL Farm Vehicle Driver – FVD (Class A truck/tractor, semi-trailer combination vehicles only) – Allows farmers or a member of the farmer's family who is 21 years of age or older and has completed all of the applicable exams (core, combination, air brake, and all three parts of the skills test) to drive a farm waived non-CDL (Class A truck/tractor, semi-trailer combination vehicles only) vehicle. Those eligible may operate the truck/tractor semi-trailer to transport farm products, equipment or supplies to or from a farm, if used within 150 air miles of the farm, and not used in the operations of a common or contract carrier.
20) J51 Farm Waived Non-CDL Covered Farm Vehicle Driver – CFV (Class A truck/tractor and semi-trailer combination vehicles only) – Allows farmers, members of the farmer's family, or employees of the farmer who are 18 years of age or older driving intrastate or 21 years of age or older driving interstate and has completed all of the applicable exams (core, combination, air brake, and all three parts of the skills test) to drive a farm waived non-CDL (Class A truck/tractor and semi-trailer combination vehicles only) covered farm vehicle. Those eligible may operate the truck/tractor, semi-trailer to transport farm products, equipment, or supplies to or from a farm, if used within this State or interstate within 150 air miles of the farm, and not used in the operations of a common or contract carrier. The vehicle must be a covered farm vehicle with Illinois Farm plates, as defined in Section 18b-101 of the IVC.
21) J52 Farm Waived Non-CDL Covered Farm Vehicle Driver – CFV (Class A truck/tractor and semi-trailer combination vehicles only) while holding a Class B or C CDL – Allows farmers, members of the farmer's family or employees of the farmer who are 18 years of age or older driving intrastate or 21 years of age or older driving interstate and have completed all of the applicable exams (core, combination, air brake, and all three parts of the skills test) to drive a farm waived non-CDL (Class A truck/tractor and semi-trailer combination vehicles only) covered farm vehicle. Those eligible may operate the truck/tractor, semi-trailer to transport farm products, equipment or supplies to or from a farm, if used within this State or interstate within 150 air miles of the farm, and not used in the operations of a common or contract carrier. The vehicle must be a covered farm vehicle with Illinois Farm plates, as defined in Section 18b-101 of the IVC.
22) J60 Automatic Transmission − An automatic transmission restriction is added when a driver is unable to operate a standard shift non‑commercial vehicle due to the minimal use of one or both arms or legs.
23) J71 Out of state at the time of issuance – license issued to a driver who is temporarily absent from the State of Illinois on the expiration date of the driver's license.
24) J72 Out of country at the time of issuance – license issued to a driver who is temporarily residing outside the United States of America on the expiration date of the driver's license.
25) J73 Military or military dependent – license issued to the licensee, spouse, and dependent children who are living with the licensee while on active duty serving in the Armed Forces of the United States outside the State of Illinois.
26) J74 Military deferral card issued at the expiration of the driver's license to extend the expiration while in the military of the licensee, spouse and dependent children who are living with the licensee while on active duty serving in the Armed Forces of the United States outside the State of Illinois.
27) J75 No Photo or Signature – administrative approval license issued to a driver with facial disfigurements or established religious convictions against being photographed.
28) J88 Deaf/Hard of Hearing − license issued to drivers that require alternative forms of communication.
29) J89 Aphasia – license issued to drivers with a speech and language impairment.
30) J90 BAIID Only – license issued to a driver that requires the driver to operate only motor vehicles equipped with a Breath Alcohol Ignition Interlock Device (BAIID).
31) J91 Mental Health Disorder – license is made available upon:
A) the request of the applicant; and
B) the submission of an SOS medical report form (https://www.ilsos.gov/publications/pdf_publications/dsd_dc163.pdf) completed by an applicant's treating provider (Doctor licensed to practice medicine in all its branches (MD)/Doctor of Osteopathic Medicine (DO) or Nurse Practitioner (NP)/Physician Assistant (PA)), indicating that the applicant has a mental health disorder and is mentally fit to operate a vehicle.
32) J99 Indicates more than two J restrictions have been placed on the license.
j) A Type K restriction indicates the driver is authorized to operate a commercial motor vehicle intrastate only.
k) A Type L restriction indicates that the person is not authorized to operate vehicles equipped with air brakes.
l) A Type M restriction indicates a P endorsement is only valid in a Class B or lesser classification vehicle.
m) A Type N restriction indicates a P endorsement is only valid in a Class C or lesser classification vehicle.
n) A Type O restriction prohibits a commercial motor vehicle driver from operating a combination vehicle with a fifth wheel assembly as provided by 49 CFR 383.153(a)(10) (October 1, 2014).
o) A Type P restriction allows a commercial learner's permit holder to operate a vehicle designed to carry passengers, without passengers aboard, exempting a company trainer or State or federal examiner as provided by 49 CFR 383.153(b)(9) (October 1, 2014).
p) A Type V restriction indicates FMCSA has granted a medical variance to operate a CMV within the boundaries of the United States as provided by 49 CFR 391.41 (October 1, 2014).
q) A Type X restriction allows a commercial learner's permit holder to operate a tank truck or tank truck tractor/trailer combination void of any type of liquid or gaseous materials in the tank as provided by 49 CFR 383.153(b)(9) (October 1, 2014).
r) A Type Z restriction limits a commercial motor vehicle driver to operating a commercial motor vehicle with an air-over-hydraulic braking system as provided by 49 CFR 383.153(b)(10) (October 1, 2014).
s) An applicant who wants to appeal a type of restriction that has been added to a driver's license, depending on the type of restriction, shall:
1) For Type B, C, D, F, G, J01, J60 or any other medical restriction that has been added to the driver's license pursuant to the restrictions contained in subsection (i), provide a written request that the Department forward the driver's case to the Board. Should the Board uphold the restriction, the driver may request a 3-doctor Panel review. If the Panel upholds the restriction, appeal to the Department of Administrative Hearings pursuant to Section 2-118 of the IVC. If the Department of Administrative Hearings upholds the restriction, further review shall be conducted by the courts pursuant to the Administrative Review Law [735 ILCS 5/Art. III].
2) For any other types of restrictions that have been added to the driver's license pursuant to this Section, appeal to the Department of Administrative Hearings pursuant to IVC Section 2-118.
3) Further review of all restrictions shall be conducted by the courts pursuant to the Administrative Review Law [735 ILCS 5/Art. III].
**History**
- *Source: Amended at 50 Ill. Reg. 9349, effective July 1, 2026*
## **Chapter II** Secretary of State
### **Part 1030** Issuance of Licenses
##### **92 Ill. Adm. Code 1030.93** Restricted Local Licenses {#sec-1030.93 omnilex-key=us-il-regs-official--title-92--1030.93}
a) An applicant for a restricted local license shall reside in a locality with a population of 3500 or less. The initial application for a restricted local license must be accompanied by a special restricted license request form. The request form shall include the applicant's full name and address, including the county. It shall also include the applicant's gender, height, weight, hair color, eye color, birth date and driver's license number. The applicant shall supply the reason why a restricted local license is necessary.
b) At a facility, the applicant must pass the vision test found in Section 1030.70 and the written test if it is required by IVC Section 6-109(c). The applicant shall pay the statutory fee required in IVC Section 6-118 for an original driver's license, renewals, duplicates or corrections.
c) A person who has failed a road test for a driver's license, but has passed the other tests referred to in subsection (b), is eligible to apply for a restricted local license.
d) Applications for restricted local licenses that comply with Section 1030.93(a) and (b) shall be approved by the Driver Analysis Division of the Department. An authorization will be provided to the Regional Manager or designee in the area in which the applicant resides. The Regional Manager or designee will assign the road test to the facility closest to the applicant's home or the facility that made the initial request. The applicant will be contacted by the Regional Manager or designee to set up a convenient date and time to administer the restricted local license road test.
e) The Regional Manager or designee will go to the applicant's home to map out locations the applicant wishes to drive. The road test will be administered utilizing the locations mapped out and will test the basic driving skills provided in Section 1030.85.
f) If the applicant passes the test, the Driver Analysis Division shall mail the applicant the restricted local license. The restricted local license shall restrict the driver to the locations driven during the road test given.
g) Approximately three weeks before the driver is due to renew the restricted local license, the Driver Analysis Division shall send a letter to the driver stating the expiration date of the license and renewal requirements. The applicant shall present the letter to a facility employee and take the required tests, pursuant to IVC Section 6-109(c). Upon successful completion of the test or tests, the facility employee shall submit a request for the road test portion of the testing.
**History**
- *Source: Amended at 42 Ill. Reg. 4969, effective March 5, 2018*
##### **92 Ill. Adm. Code 1030.94** Duplicate or Corrected Driver's License or Instruction Permit {#sec-1030.94 omnilex-key=us-il-regs-official--title-92--1030.94}
a) A duplicate driver's license or instruction permit shall be issued by the Department when a driver's license or instruction permit has been lost, stolen, or mutilated.
b) Upon an applicant's request or the Department's determination that an error was made or the license or permit was mutilated, a corrected driver's license or instruction permit shall be issued by the Department if a change of information is necessary on a driver's license or instruction permit that is being surrendered. The license or permit shall indicate that it has been corrected by displaying "COR" as the type of license.
c) When there is no driver's license or instruction permit to be surrendered to the Department, the license or permit issued shall be a duplicate. This shall be indicated on the license or permit by displaying "DUP" as the type of license.
d) The applicant shall pay a fee in accordance with IVC Section 6-118 for a duplicate driver's license, corrected driver's license or instruction permit. For a six month period after the issuance of a driver's license or permit, there shall be no fee charged to correct an error made by personnel at the Driver Services Facility. There shall be no fee charged for a duplicate if the license or permit was lost by the Department. If a license or permit is lost by a state, local or federal law enforcement agency or state or federal court, there shall be no fee charged for a duplicate upon written notification from that agency or court.
e) The fee for a duplicate driver's license or identification card shall be waived if the applicant resides in a declared disaster area, as proclaimed by the Governor of Illinois, if the applicant submits the Secretary of State's Waiver of Fees for Disaster Victims form. This waiver shall only apply for a period of 30 days after the Governor files the disaster proclamation.
f) In order to obtain a duplicate or corrected license or permit, an application form provided by the Department as described in IVC Section 6-106(b) shall be completed by a Driver Services Facility employee. The Non-CDL applicant shall answer the first 3 questions on the application and the CLP or CDL applicant shall answer the first 3 questions, in addition to questions 9, 10 and 11 on the application (see Appendix A). After the form has been completed and the fee paid, the applicant, if necessary, shall have a photograph taken as provided in Section 1030.90.
**History**
- *Source: Amended at 39 Ill. Reg. 11531, effective July 28, 2015*
##### **92 Ill. Adm. Code 1030.95** Consular Licenses (repealed) {#sec-1030.95 omnilex-key=us-il-regs-official--title-92--1030.95}
**History**
- *Source: Repealed at 29 Ill. Reg. 920, effective January 1, 2005*
##### **92 Ill. Adm. Code 1030.96** Seasonal Restricted Commercial Driver's License {#sec-1030.96 omnilex-key=us-il-regs-official--title-92--1030.96}
a) In order to be eligible for a seasonal restricted CDL, the driver applicant must meet the following standards:
1) The driver applicant must be employed by one or more of the following farm-related services:
A) Farm retail outlet or supplier;
B) Agri-chemical business;
C) Custom harvester;
D) Livestock feeder;
2) The driver applicant must have held a valid driver's license for at least a period of one year prior to the date of application for a seasonal restricted CDL;
3) The driver applicant must have a valid Illinois non-CDL Class B driver's license;
4) The driver applicant shall not have more than one driver's license;
5) The driver applicant's driving privileges must not have been suspended, revoked, canceled or disqualified in this State or any other state within two years prior to application for a restricted CDL;
6) The driver applicant must not have been convicted of a "serious traffic violation" in any class of motor vehicle within two years prior to application for a restricted CDL;
7) The driver applicant's driving record shall not contain any convictions for accident-related violations or at-fault accidents in any class of motor vehicle within two years prior to the application for a restricted CDL;
8) The driver applicant must submit with the initial application for a restricted CDL a letter from the initial employer verifying that the driver applicant is employed in one of the required farm-related services. The driver applicant must also complete the safety checklist on the application regarding the safe operation of the vehicle.
A) The safety checklist shall include a demonstration and discussion, by the employer with the employee/driver applicant, of the following features for the safe operation of a commercial motor vehicle:
i) parking (hand) brake;
ii) headlights;
iii) parking lights;
iv) emergency (hazard) lights;
v) brake lights;
vi) tires;
vii) horn;
viii) turn signals;
ix) windshield wipers;
x) rear/side vision mirrors;
xi) gear shift;
xii) safety belts.
B) The employee/driver applicant must be informed by the employer:
i) that trucks require more turning area than cars;
ii) that trucks require greater stopping distance (at least one vehicle length for every 10 MPH between you and the vehicle ahead of you);
iii) to allow more time for acceleration when pulling out into traffic;
iv) to obey weigh station scale signs;
v) to obey the posted speed limits;
vi) to cautiously approach low overheads such as gas station and motel canopies, bridges, toll booths and drive-throughs;
vii) to avoid backing up the truck, but, if necessary, have someone guide you;
viii) to drive and park cautiously on hills.
b) Prior to the issuance of a restricted CDL, the Department shall perform a records check through the Commercial Driver's License Information System (CDLIS).
c) All driver applicants issued a restricted CDL shall be allowed to operate the kind and type of vehicles as follows:
1) Class B: Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR. Holders of a Class B license may operate all vehicles of Classes B, C and D, but are not authorized to operate motorcycles or motor-driven cycles.
2) In order to transport hazardous materials intrastate, a restricted CDL holder must be at least 18 years of age.
3) In order to transport hazardous materials interstate, a restricted CDL holder must be at least 21 years of age.
4) A restricted CDL holder may transport only the following hazardous materials:
A) 1,000 gallons or less of diesel fuel;
B) 3,000 gallons or less of liquid fertilizer; or
C) Solid fertilizers that are not mixed with any organic substance.
d) A restricted CDL shall be issued for either a 210-day period or two 105-day periods in any 12-month period. In no event shall the second 105-day period exceed the expiration of the 12-month period. If the driver applicant elects the two 105-day periods, the applicant will receive a restricted CDL prior to each period. Prior to the issuance of the second restricted CDL, the Department shall review the driver applicant's driving record for any violation as outlined in subsections (a)(5) through (a)(7). The driver applicant shall be issued the second restricted CDL if the driver applicant is not otherwise ineligible.
e) A restricted CDL shall be valid only within 150 air miles from the farm or farm-related business being served. The holder of a restricted CDL shall, at all times while employed by a farm-related service and operating a commercial motor vehicle, have in possession verification of employment that includes the location of the employer's farm or farm-related business.
f) All fees shall be as required by IVC Section 6-118. A restricted CDL may be revalidated without fee for up to four years from the date of issuance of the first restricted CDL.
g) A restricted CDL shall be invalidated and/or further action shall be taken against the individual's driving privileges if any of the following is received by the Department:
1) Reliable written evidence that the individual is no longer employed by one of the required farm-related services;
2) Reliable written evidence that the individual has not held a motor vehicle driver's license for at least one year prior to the date of application for a restricted CDL;
3) Reliable written evidence that the individual no longer has a valid non-CDL Class B Illinois driver's license;
4) Reliable written evidence that the individual's driving privileges have been suspended, revoked, canceled or disqualified in this State or any other state;
5) Reliable written report of a conviction of a "serious traffic violation" in any class of motor vehicle;
6) Reliable written report for a conviction of an accident-related traffic law violation and/or at-fault accident;
7) Reliable written evidence of any violation of this Part.
h) An individual whose restricted CDL has been invalidated shall not be eligible to apply for another restricted CDL until the expiration of two years from the effective date of the invalidation.
i) An individual who possesses a restricted CDL shall be subject to the disqualification provisions of IVC Section 6-514.
j) An individual who possesses a restricted CDL shall be subject to the prohibitions against driving a commercial motor vehicle while having any alcohol, other drug, or both in the person's system as outlined in IVC Section 6-515.
k) An individual who possesses a restricted CDL shall be subject to the implied consent requirements for commercial motor vehicle drivers outlined in IVC Section 6-516.
l) An individual who possesses a restricted CDL shall be subject to the implied consent warning as outlined in IVC Section 6-517.
m) An individual whose restricted CDL has been disqualified and/or invalidated who wishes to have a hearing shall follow the procedures outlined in IVC Section 6-520.
n) A driver applicant for a seasonal restriction CDL is not required to complete entry-level driver training.
**History**
- *Source: Amended at 50 Ill. Reg. 4373, effective March 4, 2026*
## **Chapter II** Secretary of State
### **Part 1030** Issuance of Licenses
##### **92 Ill. Adm. Code 1030.97** Invalidation of a Driver's License, Permit and/or Driving Privilege {#sec-1030.97 omnilex-key=us-il-regs-official--title-92--1030.97}
a) The Department shall invalidate a driver's license, permit and/or driving privileges:
1) When the holder voluntarily surrenders the license or permit and declares the intention to do so in writing to the Department;
2) When the Department receives a certified court order indicating the holder is to refrain from driving;
3) Upon the death of the holder; or
4) Upon the entry of a suspension of a driver under the age of 21 pursuant to IVC Section 6-206(a)(4), (11), (16), (21), (31), (33), (34, prior to 7/30/98), (36), (43, prior to 1/1/09) or (44) and/or IVC Section 11-501.8.
b) A driver's license or permit invalidated based upon a voluntary surrender under this Section may be reinstated in the same manner as prescribed by IVC Sections 6-114 and 6-115.
c) A driver's license or permit invalidated under this Section shall nullify the holder's driving privileges.
d) A license or permit invalidated upon the death of the holder may be released to a relative of the decedent, provided the actual license or permit bears a readily identifiable designation evidencing invalidation. To invalidate a license or permit, a hole shall be punched through the issuance date and the expiration date of the license or permit by an employee of the Secretary of State or a law enforcement official.
e) The Secretary of State employee or a law enforcement official who invalidates a license or permit upon the death of the holder shall make a report of the matter to the Secretary of State on a form provided or approved by the Secretary of State.
f) Driving privileges invalidated based upon a court order may be reinstated upon receipt of a court order granting reinstatement or an order from the court terminating probation, conditional discharge or court supervision.
g) A driver whose driving privileges are invalidated pursuant to subsection (a)(4), and whose driving privileges are suspended for six months or longer, may be reinstated upon successful completion of a driver remedial education course, the payment of all reinstatement fees and re-testing under IVC Section 6-109.
h) A driver whose driving privileges are invalidated pursuant to subsection (a)(4), and whose driving privileges are suspended for less than six months, may be reinstated upon successful completion of a driver remedial education course and the payment of all reinstatement fees.
**History**
- *Source: Amended at 34 Ill. Reg. 563, effective December 22, 2009*
##### **92 Ill. Adm. Code 1030.98** School Bus Endorsement or Learner's Permit {#sec-1030.98 omnilex-key=us-il-regs-official--title-92--1030.98}
a) In order to obtain a CDL with an "S" endorsement, the driver applicant must:
1) be eligible and have applied for an Illinois school bus permit pursuant to IVC Section 6-106.1 and 92 Ill. Adm. Code 1035;
2) pass the required written school bus core knowledge, passenger and "S" endorsement written tests;
3) pass the skills test in a representative vehicle.
4) Successfully complete entry-level driver training with school bus endorsement curriculum.
b) In order to obtain a school bus commercial learner's permit, the driver applicant must pass the written school bus core knowledge test.
c) The Secretary of State shall issue a school bus CLP in accordance with Section 1030.65 and IVC Section 6-105.
d) The Department shall deny issuance of a CDL with an "S" endorsement and/or a school bus CLP:
1) for failure to meet the provisions of IVC Section 6-508;
2) for failure to meet any eligibility requirements in this Section.
e) Prior to the issuance of a CLP or CDL with an "S" endorsement and/or a school bus CLP, the Department shall perform a records check through the Problem Driver Pointer System (PDPS) and CDLIS, comply with all requirements in 49 CFR 384 (October 1, 2014), and enter each CLP or CDL holder's record into CDLIS pursuant to IVC Sections 6-512.5 and 6-513.
f) A person applying for and operating on a school bus CLP shall be exempt from obtaining and holding an Illinois school bus driver permit, but must be accompanied by an individual holding the proper license classification and a school bus driver permit but may not operate a school bus with any passengers other than federal/State auditors and inspectors, test examiners, and other trainees.
g) A CDL with an "S" endorsement shall expire in accordance with the provisions of IVC Section 6-115. A CLP with an "S" endorsement shall expire in accordance with the provisions of IVC Section 6-507.5.
h) The fees for a CDL with an "S" endorsement and/or a school bus CLP shall be as outlined in IVC Section 6-118.
i) A driver applicant who possesses a CDL with an "S" endorsement and/or a school bus CLP shall be subject to the disqualification provisions of IVC Section 6-514.
j) A driver applicant who possesses a CDL with an "S" endorsement and/or a school bus CLP shall be subject to the prohibitions against driving a commercial motor vehicle while having any alcohol, other drugs or both in the applicant's system as outlined in IVC Section 6-515.
k) A driver applicant who possesses a CDL with an "S" endorsement and/or a school bus CLP shall be subject to the implied consent requirements for commercial motor vehicle drivers outlined in IVC Section 6-516.
l) A driver applicant who possesses a CDL with an "S" endorsement and/or a school bus CLP shall be subject to the implied consent warnings outlined in IVC Section 6-517.
m) A driver applicant who possesses a CDL with an "S" endorsement and/or a school bus CLP shall be subject to the cancellation provisions of IVC Section 6-201.
n) A driver applicant whose CDL with an "S" endorsement and/or a school bus CLP has been canceled, withdrawn or disqualified may contest the sanction by requesting a hearing with the Secretary of State Department of Administrative Hearings pursuant to IVC Section 2-118 or 6-520. The cancellation, withdrawal or disqualification shall remain in effect pending the outcome of the hearing.
o) A driver applicant who possesses a CDL with an "S" endorsement and/or a school bus CLP shall be subject to all provisions of IVC Chapter 6, Article V.
**History**
- *Source: Amended at 46 Ill. Reg. 7823, effective April 27, 2022*
##### **92 Ill. Adm. Code 1030.100** Anatomical Gift Donor (repealed) {#sec-1030.100 omnilex-key=us-il-regs-official--title-92--1030.100}
**History**
- *Source: Repealed at 31 Ill. Reg. 16543, effective November 27, 2007*
##### **92 Ill. Adm. Code 1030.110** Emergency Medical Information Card {#sec-1030.110 omnilex-key=us-il-regs-official--title-92--1030.110}
a) Every licensee who carries an Emergency Medical Information Card may place a sticker or decal on the driver's license indicating the licensee carries an Emergency Medical Information Card.
b) The sticker or decal shall be in a form approved by the Department and shall be placed on the reverse side of the driver's license in an area designated by the Secretary of State.
**History**
- *Source: Amended at 33 Ill. Reg. 2391, effective January 21, 2009*
##### **92 Ill. Adm. Code 1030.115** Change-of-Address {#sec-1030.115 omnilex-key=us-il-regs-official--title-92--1030.115}
a) Pursuant to IVC Section 6-116, a person who changes address must inform the Secretary of State in writing within 10 days after the change. After proper notification of change of address, the address shall be changed on the driver's license file.
b) To notify the Department of an address change, an individual may go to a Driver Services Facility and the address change will be made to the driver's license file at that time. Address changes may also be completed electronically on the Secretary of State's official website.
c) Certain documents will be considered acceptable for notification of an address change if mailed to the Department. Correspondence from the person, the individual's attorney, or an immediate family member will be acceptable documentation. The Department shall also change the address on the driver's license file if one of the following is received: post office change-of-address card, Secretary of State change-of-address card, Secretary of State Judicial Request to Suppress Personal Information form, court documents with "new address" written on them, certificates of insurance with a different address, Illinois Environmental Protection Agency Auto Emission postcards, a monitoring device driving permit order, or money orders reflecting new address.
d) Documents not acceptable as notification to the Department of an address change include the following: conviction reports; failure to appear notices; statutory summary suspension sworn reports (unless there is an out-of-state address indicated on the statutory summary suspension sworn report that corresponds with the out-of-state address reported to the Department when the driver's license was surrendered out-of-state and returned to Illinois); court transcripts (unless "new address" is written on documents); accident reports; or addresses on checks unless "new address" is specified.
**History**
- *Source: Amended at 48 Ill. Reg. 9020, effective July 1, 2024*
## **Chapter II** Secretary of State
### **Part 1030** Issuance of Licenses
##### **92 Ill. Adm. Code 1030.120** Issuance of a Probationary License {#sec-1030.120 omnilex-key=us-il-regs-official--title-92--1030.120}
a) A person whose driving privileges have been suspended under IVC Section 6-206(a)(2) for conviction of not less than three offenses committed within a 12-month period against traffic regulations governing the movement of vehicles shall qualify for a probationary license if the individual meets the following requirements:
1) Is not less than 21 years of age.
2) Offenses for which the person was suspended do not exceed 74 points as determined by the Illinois Offense Table (92 Ill. Adm. Code 1040.20).
3) Driving privileges have not been suspended or revoked within the past seven years, excluding cleared miscellaneous suspensions.
4) Has not previously or currently been arrested for an offense that requires mandatory revocation upon conviction, as stated in IVC Section 6-205.
5) Must have been issued or qualified for a valid Illinois driver's license prior to the effective date of the suspension and have no outstanding reinstatement fee, failure to pay requirements or invalidation by voluntary surrender entered to the driving record.
6) Has successfully completed a driver remedial education course.
7) Completes an application and submits the required fees, including the $8 probationary license fee, and surrenders the current driver's license or provides a notarized, signed affidavit of Inability to Surrender form.
8) Has a driver's license that has not been invalidated by a No Driving Order from the court.
**History**
- *Source: Amended at 33 Ill. Reg. 2391, effective January 21, 2009*
##### **92 Ill. Adm. Code 1030.130** Grounds for Cancellation of a Probationary License {#sec-1030.130 omnilex-key=us-il-regs-official--title-92--1030.130}
a) A probationary license as defined in Section 1030.120 shall be canceled and/or further action taken against the individual's driving privileges if the Department receives:
1) Evidence that the individual is less than 21 years of age.
2) Evidence that traffic convictions committed prior to the effective date of the suspension entered pursuant to IVC Section 6-206(a)(2) will result in the total points assessed against the individual's driving record exceeding 74 points within a 12-month period, as determined by the Illinois Offense Table (92 Ill. Adm. Code 1040.20).
3) Evidence the individual's driving privileges have been suspended or revoked within the past seven years, excluding cleared miscellaneous suspensions.
4) Evidence indicating that the individual has been arrested, or previously arrested for, an offense that would require mandatory revocation upon conviction pursuant to IVC Section 6-205.
5) Evidence the individual did not attend or failed to complete the driver remedial education course.
6) A report of a traffic offense, excluding those listed in IVC Section 6-204(a)(2), that was committed during the effective period of the probationary license.
7) Evidence a traffic conviction was committed on or after the effective date of a suspension and prior to the effective date of the probationary driver's license.
**History**
- *Source: Amended at 33 Ill. Reg. 2391, effective January 21, 2009*
##### **92 Ill. Adm. Code 1030.140** Use of Captured Images {#sec-1030.140 omnilex-key=us-il-regs-official--title-92--1030.140}
a) The Secretary of State shall maintain a file of all images captured in the process of issuing a driver's license or identification card.
1) No other entity shall maintain a file of all or any subset of images, or store them as part of a database or separately established collection, unless explicitly authorized by law or this Section.
2) Images may be retained in hard copy or electronic format only as part of a case record by a criminal justice agency, as required to complete an investigation, to provide evidence or other documentation for the investigation, or as required for any subsequent law enforcement action. The images must remain confidential, be available only to criminal justice agencies, and be disposed of in accordance with established record retention policies pertaining to criminal justice records.
3) Images retrieved for the sole purpose of secondary dissemination shall not be stored by the disseminating agency, except for the purposes of transmission.
4) Illinois State Police may store images retrieved for the purpose of verification and issuance of Firearm Owner Identification Cards, Concealed Carry License Cards, and for use on their Sex Offender Registry.
5) Upon the request of the individual, the Secretary of State may maintain a captured image as part of its Lobbyist Registration database, which is available for access by the general public.
b) The images shall not be publicly displayed or accessed by or distributed to persons other than those authorized by this Section, unless otherwise explicitly allowed by law.
1) The images shall be confidential and shall not be disclosed, except to the following persons and for the following reasons:
A) The individual, upon written request [625 ILCS 5/6-110.1];
B) A family member or estate executor of a deceased individual, upon written request and submission of a copy of the death certificate or other proof of death and other information, at the discretion of the Department, including but not limited to the deceased individual's driver's license number, State issued ID number, social security number, date of birth, date of death and last address;
C) Police officers and employees of the Secretary of State who have a need to have access to the stored images to:
i) issue or control driver's licenses and identification cards [625 ILCS 5/6-110.1];
ii) conduct an investigation into fraudulent activities or misconduct;
iii) conduct hearings regarding the cancellation, suspension or revocation of a driver's license or identification card; or
iv) register individuals under the Lobbyist Registration Act [25 ILCS 170];
D) Illinois and federal criminal justice agencies for lawful civil or criminal law enforcement investigations;
E) Criminal justice agencies from other states or jurisdictions for the purpose of lawful civil or criminal law enforcement investigations;
F) For use and display by the Illinois State Police in their Sex Offender Registry maintained by law and for display in the Secretary of State Lobbyist Registry;
G) Other jurisdictions that issue official State driver's licenses and identification cards to ensure that an individual has a valid driver's license or identification card, is not fraudulently using identity information, is not fraudulently attempting to obtain or use a driver's license or identification card, or for similar investigations by a jurisdiction that are related to the issuance and control of driver's licenses and identification cards;
H) A central issuance driver's license or identification card vendor contracted by the Department solely for the purpose of producing a driver's license/identification card; or
I) Public Defenders for use in the investigation and defense of a person for whom the public defender has been appointed by the court and who has been issued Uniform Citation and Complaint for a violation of the Illinois Vehicle Code or charged with a felony or misdemeanor.
2) Broad secondary dissemination to the public or to persons other than those authorized by this Section can occur if the law enforcement entity responsible for the investigation for which the image was requested deems further dissemination of the image to be necessary for locating a suspect or crime victim or for protecting public or officer safety in the course of a criminal investigation, and if:
A) No other suitable image is available;
B) Additional methods of verification of the person's identity and image have been completed;
C) The following disclaimer language is included:
"Only for use as authorized by 625 ILCS 5/6-110.1 and 92 Ill. Adm. Code 1030.140. This information and image cannot be certified to be anything other than the information and image of the individual who presented himself or herself to the Secretary of State's Office with the required forms of identification."; and
D) It is approved in advance in writing by the Secretary of State Department of Police.
3) Only images of a suspect in the investigation for which the image was requested shall be used in any line-up or photo array.
c) Recipients of images from the Secretary of State may not disseminate images further, except criminal justice agencies may disseminate images to other eligible criminal justice agencies for the purposes of the investigation for which the image was originally requested.
1) The Secretary of State shall establish procedures for electronic and hard copy dissemination of images that ensure secure transmission and adherence with all established law and rules regarding images.
2) Any agency that secondarily disseminates an image must have the ability to identify other eligible entities and provide records of dissemination and must have the ability to ensure that the secondary recipient or requestor meets the definition of criminal justice agency. Secondary dissemination will require verification of the recipient's LEADS certification or similar level of verification if LEADS certification is not applicable and may require other levels of verification established by the Secretary of State that are necessary to ensure secure and legal distribution and use of images.
3) Methods of requesting and disseminating the images must include a provision that the request for and subsequent receipt of the images serves as an agreement to keep the images confidential and to adhere to all established law and rule regarding the images and must include any disclaimers required by the Secretary of State.
**History**
- *Source: Amended at 48 Ill. Reg. 6080, effective April 5, 2024*
##### **92 Ill. Adm. Code 1030.150** Veteran Designation on Driver's License or Identification Card {#sec-1030.150 omnilex-key=us-il-regs-official--title-92--1030.150}
a) Definitions. For the purposes of this Section, the following terms shall have the meanings set forth in this subsection (a):
"Active duty" – means active duty under an executive order of the President of the United States, an Act of the Congress of the United States, or an order of the governor of any U.S. state or territory.
"Armed Forces" – means any of the Armed Forces of the United States, including a member of any reserve component or National Guard unit called to active duty.
"DVA" – means the Illinois Department of Veterans' Affairs.
"Veteran" – means a person who has served on active duty in the Armed Forces and was discharged or separated under honorable conditions. [15 ILCS 335/5(b)]
b) Effective July 1, 2015, for each original or renewal driver's license or identification card (ID) application, the Secretary shall inquire as to whether the applicant is an honorably discharged veteran. If the applicant is an honorably discharged veteran, the applicant shall be informed that he or she is entitled to have the designation "Veteran" on the face of his or her driver's license or ID card.
c) The Secretary shall issue an original, renewal, corrected or duplicate driver's license or ID with the "Veteran" designation to applicants who present a DD214, Certification of Military Service (NA Form 13038), Department of Defense Form DD-2 (retired), an identification card issued under the federal Veterans Identification Card Act of 2015, or U.S. Department of Veterans Affairs summary of benefits letter or other official Department of Defense discharge document that indicates the applicant was honorably discharged. The applicant shall pay the statutory fee required by IVC Section 6-118, to have a "Veteran" designation added to a duplicate or corrected driver's license, and by Section 12 of the Illinois Identification Card Act [15 ILCS 335] to have the designation added to a duplicate or corrected ID.
d) On a nightly basis, the Secretary shall provide DVA with an electronic file of the applicants who were issued a driver's license or ID card with the "Veteran" designation during that business day. The file shall contain the full name, address, driver's license or ID card number, date of birth, gender and full social security number of the applicant. DVA shall compare that file to its records to determine if the applicant is a honorably discharged veteran. DVA shall notify the Secretary if it determines, after due diligence, that it cannot verify an applicant's veteran status.
e) Upon being notified by DVA that it cannot verify the applicant is an honorably discharged veteran, the Secretary shall notify the applicant in writing that he or she has 30 days to appear in person at a DVA office and provide proof of his or her status as an honorably discharged veteran to DVA. If, within that 30 day period, DVA notifies the Secretary that, upon further review, it has determined that the applicant is an honorably discharged veteran, the Secretary will take no further action regarding the matter.
f) If the Secretary does not receive notification from DVA within the 30 day period specified in subsection (e) confirming the applicant's status as an honorably discharged veteran, the Secretary shall cite the applicant to appear at a Secretary of State facility within 15 days after the date of the citation to surrender the driver's license or ID card with the "Veteran" designation and be issued a new card without the "Veteran" designation. If the applicant does not appear pursuant to the citation, the applicant's driver's license or ID card shall be canceled.
g) An applicant whose driver's license or ID has been cancelled pursuant to this Section may apply for a driver's license or ID without the "Veteran" designation.
**History**
- *Source: Amended at 44 Ill. Reg. 2041, effective December 31, 2019*
##### **92 Ill. Adm. Code 1030.151** Gold Star Family Designation on Driver's License or Identification Card {#sec-1030.151 omnilex-key=us-il-regs-official--title-92--1030.151}
a) Upon submission of a completed Gold Star Family Designation Form, the Secretary shall issue an original, renewable, corrected, or duplicate driver's license or ID card with a gold star family designation to an applicant who is the surviving widow or widower, parent, child, stepchild, child through adoption, brother, half-brother, sister, or half-sister of a person who served in the Armed Forces of the United States and lost his or her life while in service, whether in peacetime or war. (See IVC Section 3-664 and 6-106(f).)
b) The Gold Star Family Designation Form shall contain the applicant's name, address, driver's license or identification card number, the servicemember's name, date of birth, date of death, and branch of service. The applicant must sign the form under penalty of perjury affirming that the applicant is eligible for the Gold Star Family designation.
c) No fee shall be charged for the addition of the Gold Star Family designation. Other fees, such as a renewal fee, may apply.
**History**
- *Source: Added at 49 Ill. Reg. 4103, effective March 20, 2025*
##### **92 Ill. Adm. Code 1030.160** Extension of Expiration Dates {#sec-1030.160 omnilex-key=us-il-regs-official--title-92--1030.160}
a) Pursuant to the powers vested in the Secretary of State by Public Act 102-678, the Secretary hereby extends through December 1, 2022 the expiration dates of all driver's licenses, instruction permits, and identification cards that were issued pursuant to the following statutes and with expiration dates between January 1, 2020 and November 30, 2022:
625 ILCS 5/6-105
625 ILCS 5/6-105.1
625 ILCS 5/6-107.1
625 ILCS 5/6-110
15 ILCS 335/4
15 ILCS 335/8
The expiration dates of commercial driver’s licenses and commercial learner’s permits issued pursuant to the following statutes and with expiration dates between November 1, 2021 and January 30, 2022 are hereby extended through January 31, 2022:
625 ILCS 5/6-507.5
625 ILCS 5/6-509
625 ILCS 5/6-510
b) Driver's licenses that have been extended pursuant to subsection (a) shall not be considered lapsed until December 1, 2023.
c) The expiration dates of restricted driving permits issued pursuant to the following statutes and issued with expiration dates between December 1, 2021 and November 30, 2022 are hereby extended through December 1, 2022:
625 ILCS 5/6-205
625 ILCS 5/6-206
d) To be eligible for the extensions created in this Section, the individual's driver's license, instruction permit, permit and identification card must be valid as of the expiration date on the driver's license currently held by the individual driver.
e) All conditions and restrictions under which the driver's licenses, instruction permits, permits and identification cards were issued shall remain in full force and effect during the period of these extensions. The extension period may be rescinded by the Secretary of State through the adoption of an emergency rule.
**History**
- *Source: Amended at 46 Ill. Reg. 19214, effective November 15, 2022*
##### **92 Ill. Adm. Code 1030.170** Modification of Requirements for Renewal of Driver’s Licenses and Issuance of a Commercial Driver’s License {#sec-1030.170 omnilex-key=us-il-regs-official--title-92--1030.170}
Pursuant to the powers vested in the Secretary of State by Public Acts 102-0678 and 102-1103, the Secretary hereby modifies the procedures and requirements for the renewal of driver’s licenses as set forth below. All existing statutory and administrative rule procedures and requirements for the renewal of driver’s licenses shall remain in full force and effect except to the extent that they conflict with the provisions of this Section.
a) Each driver whose Illinois driver’s license bears an expiration date between January 1, 2020 and December 31, 2022 and whose driving record contains violations that require the driver to take a written test every other renewal may have the written test deferred for one renewal cycle if the renewal occurs on or before December 31, 2022. This deferral does not apply to applicants renewing a CDL.
b) The following provisions are in effect through December 1, 2022:
1) Applicants for an Illinois CDL who hold a valid CDL issued by another state of the same classification and containing the same endorsements as being applied for in Illinois, are exempted from completing the examinations required in Sections 1030.80(b) and (c) and 1030.85(c) and (d), unless the applicant is 75 years of age or older, in which case the applicant must complete the examinations required in Section 1030.85(c) and (d). A CDL applicant who wishes to upgrade the classification or to add an endorsement shall be required to take all applicable written and road exams.
2) The Secretary of State shall examine every applicant for renewal of a driver's license or permit issued under the laws of this State or any other state if the driver's license or permit has been expired for more than two years.
c) Each applicant aged 79 or older whose Illinois driver’s license has an expiration date of January 1, 2020 or later and who renews a driver’s license before October 1, 2023 must prove, by actual demonstration, the applicant’s ability to exercise reasonable care in the safe operation of a motor vehicle. Every applicant for a renewal of a CDL who is 75 years of age or older must prove, by actual demonstration, the applicant’s ability to exercise reasonable care in the safe operation of a commercial motor vehicle.
**History**
- *Source: Amended at 47 Ill. Reg. 7791, effective May 17, 2023*
##### **92 Ill. Adm. Code 1030.APPENDIX** A Questions Asked of a Driver's License Applicant {#sec-1030.appendix omnilex-key=us-il-regs-official--title-92--1030.APPENDIX}
The following questions shall appear on or be provided with an application for a driver's license:
If you are applying for an Identification (ID) Card review questions 1 and 2; for a Driver's License, review questions 1 through 7; for a Commercial Driver's License, review questions 1 through 9.
1) Is your driver's license or ID card or privilege to obtain a license or ID card suspended, revoked, canceled, or refused in any state or country under this or any other name? (If yes, a letter of clearance is required.)
2) Do you presently hold a valid driver's license or ID card in this or any other state?
3) Are you currently under a court order of guardianship? (If yes, a medical report is required.)
4) Do you have any condition that might cause a temporary loss of consciousness? (If yes, a physician's statement and a signed medical agreement are required.)
5) Do you have any mental or physical condition that might interfere with safe driving? (If yes, a physician's statement and a signed medical agreement are required.)
6) Do you use any drugs, including prescription medication, or alcohol to an extent that they impair your driving ability or has a court committed you to a mental health facility within the last 4 years? (If yes, a medical report is required.)
7) If you are under age 18 and this is your initial application for a graduated driver's license, have you been issued any citation for which a disposition has not yet been rendered by a court of law?
8) Are your commercial driver's license privileges currently disqualified or subject to an out-of-service order?
9) Do you certify that you meet the "Qualifications of Driver's" portion of Part 391 of the Federal Motor Carrier Safety Regulations and operate in non-excepted interstate commerce? (If the applicant answers yes to this question, the applicant checks a box marked "NI". If the applicant answers no to this question, the applicant must check one of 3 boxes that set forth the type of driving in which the applicant will engage.)
10) Do you certify that you meet the hearing requirements outlined in 49 CFR 391.41(b)(11)?
I understand that my social security number will be disclosed to other states pursuant to the Commercial Motor Vehicle Safety Act of 1986 (applies only to CDL applicants).
**History**
- *Source: Amended at 49 Ill. Reg. 2497, effective February 19, 2025*
##### **92 Ill. Adm. Code 1030.APPENDIX** B Acceptable Identification Documents – Applicants for a Standard Identification Card, Driver's License, or Instruction Permit {#sec-1030.appendix omnilex-key=us-il-regs-official--title-92--1030.APPENDIX}
Any document submitted to the Secretary in a language other than English must be accompanied by a full English translation certified by the translator as complete and accurate. Additionally, the translator must provide a dated, written, and signed certification affirming their competence to translate from the foreign language to English.
a) Except as provided for in subsection (p), an applicant applying for a standard driver's license or identification card for the first time in the State of Illinois who has a social security number or is eligible for a social security number must present one document from each of Group A, B, C and D.
b) An applicant applying for a standard driver's license or identification card for the first time in the State of Illinois who:
1) does not have a social security number;
2) is ineligible for a social security number; and
3) does not have documentation from the United States Department of Homeland Security authorizing the applicant's presence in the United States, must present one document from Groups A and D, a passport or consular card, issued in accordance with the Consular Identification Documentation Act, that was validly issued to the applicant that is unexpired or expired for up to two years, and one document from Group D dated 12 months prior to application to show that the applicant has resided in Illinois for a minimum of 12 months.
c) An applicant applying for a standard driver's license or identification card for the first time in the State of Illinois who:
1) does not have a social security number;
2) is ineligible for a social security number; and
3) has documentation from the United States Department of Homeland Security authorizing the applicant's presence in the United States, must present one document from each of Group A, B and D.
d) An applicant applying for a CLP or CDL shall submit one of the following documents as proof of citizenship or lawful permanent resident status:
1) valid, unexpired U.S. passport;
2) certified copy of a birth certificate filed with a State Office of Vital Statistics or equivalent agency in the individual's state of birth, Puerto Rico, the Virgin Islands, Guam, American Samoa or the Commonwealth of the Northern Mariana Islands;
3) Consular Reports of Birth Abroad (CRBA) issued by the U.S. Department of State;
4) Certificate of Naturalization issued by the U.S. Department of Homeland Security (DHS);
5) Certificate of Citizenship issued by DHS;
6) Valid, unexpired Permanent Resident Card issued by USCIS or the Immigration and Naturalization Service (INS); or
7) Valid, unexpired U.S. Passport Card.
e) An applicant applying for a Non-Domiciled CLP or CDL shall submit an unexpired employment authorization document (EAD) issued by USCIS or an unexpired foreign passport accompanied by an approved I-94 form documenting the applicant's most recent admittance into the United States.
f) Except as provided for in subsections (o) and (q), an applicant applying for either a duplicate or corrected driver's license or identification card must present one form of identification from Group A and one from Group D if requesting an address change to appear on the documents. An applicant who requests a change in name, date of birth, social security number or gender must provide acceptable identification to create a link pertaining to the change between the previous information and the new information.
g) An applicant renewing a current or recently expired (less than one year) Illinois driver's license or identification card need only present the expiring or recently expired (less than one year) driver's license or identification card. An applicant whose Illinois driver's license or identification card has been expired for more than one year but for whom the Secretary of State has maintained a record of the driver's license or identification card must present the expired driver's license or identification card, as well as one document from Group D. In addition to any other documents required by this subsection (g), an applicant renewing any license or identification card who is unable to present their expiring or expiring driver's license or identification card shall present one document from Group A. In addition to any other documents required by this subsection (g), an applicant renewing a driver's license or identification card with an expiration date that corresponds to the applicant's legal presence in the United States must present current documentation issued by the U.S. Citizenship and Immigration Services authorizing the applicant to be present in the United States. If the applicant no longer has legal presence in the United States, the applicant must present either a passport or consular card, issued in accordance with the Consular Identification Documentation Act, that was validly issued to the applicant that is unexpired or expired for up to two years. An applicant who requests a change in name, date of birth, social security number or gender must provide acceptable identification to create a link pertaining to the change between the previous information and the new information.
h) Documents acceptable for the purpose of obtaining a driver's license, permit and/or identification card are listed by group. Photocopies will not be accepted. Unless otherwise noted, all acceptable documents presented for verification or proof must be valid (current and not expired).
1) GROUP A (Written Signature)
Canceled Check (dated within 90 days prior to application)
Consular card, issued in accordance with the Consular Identification Documentation Act [5 ILCS 230], that was validly issued to the applicant and that is unexpired or expired for up to two years
Cooperative Driver Testing Program Certificate
Court Order
Credit Card/Debit Card – Major Brand (American Express, Diner's Club, Discover, Mastercard, and Visa)
Driver's License issued by an agency of the United States
Government (e.g., Department of State)
Foreign Passport – current or expired up to two years
Identification Card issued by an agency of the United States
Government
Illinois Driver's License – current or expired less than one year
Illinois Identification Card – current or expired less than one year
Medicare Card – with suffix A, J, H, M, or T
Mortgage or Installment Loan Documents
Out-of-state Driver's License/ID Card – current or expired less than one year
Social Security Card
Temporary Driver's License/Commercial Learner's Permit/Identification
Card
U.S. Citizenship and Immigration Services (USCIS) forms:
I-551 (Permanent Resident Card)
I-766 (Employment Authorization Card)
I-94 (Arrival/Departure Record) with Valid Passport
United States Military Driver's License – current or expired less than one year
United States Military Identification Card
United States Military Service Record (e.g., DD214)
United States Passport – current or expired less than two years
2) GROUP B (Proof of Date of Birth)
Adoption Records
Birth Certificate
Court Order – Change of Birth Date
Certified Grade/High School/College/University Transcript
Citizenship Certificate
Illinois Driver's License – current or expired less than one year
Illinois Identification Card – current or expired less than one year
Naturalization Certificate
U.S. Citizenship and Immigration Services (USCIS) forms:
I-551 (Permanent Resident Card)
I-571 (Refugee Travel Document)
I-766 (Employment Authorization Card)
I-797 (Notice of Action Status Change)
I-94 (Arrival/Departure Record) with Valid Passport
U.S. Visa
United States Military Driver's License – current or expired less than one year
United States Military Identification Card – current or expired less than one year
United States Military Service Record (e.g., DD214)
United States Passport or Passport Card – current or expired up to two years
Social Security Award Letter (Primary Beneficiary Only)
3) GROUP C (Social Security Number)
Illinois Driver's License Record (Verified)
Illinois Identification Card Record (Verified)
Non-SSA-1099 Form
Pay stub or printed electronic deposit
Social Security Award Letter (Primary Beneficiary Only)
Social Security Card – issued by Social Security Administration
SSA-1099 Form
United States Military Driver's License
United States Military Identification Card
United States Military Service Record (e.g., DD214)
W-2
4) GROUP D (Residency)
Bank Statement (dated within 90 days prior to application)
Canceled Check (dated within 90 days prior to application)
Certified Grade/High School/College/University Transcript
Consular card, issued in accordance with the Consular Identification Documentation Act, that was validly issued to the applicant and that is unexpired or expired for up to two years
Credit Card Statement – Dated within 90 days prior to application – American Express, Diner's Club, Discover, Mastercard, and Visa
Credit Report issued by Experian, Equifax or TransUnion − dated within 12 months prior to application
Deed/Title, Mortgage, Rental/Lease Agreement
Insurance Policy (Homeowner's or Renter's)
Letter on Official School Letterhead − dated within 90 days prior to application
Medical claim or statement of benefits from private insurance company or public (government) agency, dated within 90 days prior to application
Official mail received from a State, County, City or Village or a Federal Government agency that includes first and last name of the applicant and complete current address. This may include, but is not limited to:
Homestead Exemption Receipt
Jury Duty Notice issued within 90 days prior to application
Selective Service Card
Social Security Annual Statement
Social Security Disability Insurance (SSDI) Statement
Supplemental Security Income (SSI) Benefits Statement
Voter Registration Card
Pay Stub or Electronic Deposit Receipt
Pension or Retirement Statement
Phone book, current, produced by a phone book publisher
Report Card from Grade/High School or College/University
Tuition invoice or other official mail from a college or university dated within the 12 months prior to application
Utility Bill − Electric, water, refuse, telephone (land or cell), cable or gas, issued within 90 days prior to application
i) Documents listed in Group A, B or C that contain the full residence address may also be used for Group D.
j) For a name change, the document must provide a link to the established driver's license/ID Card file.
k) Group B documents must contain the applicant's full name and complete date of birth and must be verifiable. To be verifiable, it must be possible to contact the regulatory authority to confirm the authenticity of the document. Birth certificate must be the original or certified by a Board of Health or Bureau of Vital Statistics within the U.S. or by the U.S. State Department, U.S. Territories or Canada. A certified copy is a document produced by the issuing jurisdiction that has an embossed seal or an original stamped impression. Foreign passports and foreign birth certificates are accepted as "proof" if accompanied by any other item listed in Group B.
l) Group C documents must contain the applicant's name and full social security number.
m) Group D documents must contain the applicant's first and last name and full residence address.
n) After review of all identification presented, Driver Services or Secretary of State management has the right to accept or refuse any document.
o) An applicant applying for a no-fee identification card who is homeless must present one document from each of Group A, B and C and a homeless status certification, as described in Section 1030.12, to satisfy the requirements for Group D.
p) A justice of the United States Supreme Court or Illinois Supreme Court, judge of the United States Court of Appeals, judge and magistrate judge of the United States Bankruptcy Court, justice of the Illinois Appellate Court, and judge and associate judge of the Illinois Circuit Courts who wishes to change the residence address or mailing address to the officer's business address, pursuant to the Judicial Privacy Act [705 ILCS 90], is required to present only a Secretary of State Request to Suppress Personal Information form (https://www.ilsos.gov/content/dam/publications/pdf_publications/dsd_a275.pdf) as proof of residency.
q) An administrative law judge, as defined in Section 1-15 of the Illinois Administrative Procedure Act, who wishes to change the residence address or mailing address to their business address, pursuant to the Judicial Privacy Act [705 ILCS 90], is required to present only a Secretary of State Request to Suppress Personal Information − Administrative Law Judge form (https://www.ilsos.gov/content/dam/publications/pdf_publications/dsd_a410.pdf) as proof of residency.
r) A peace officer who wishes to change the residence address or mailing address to the officer's business address is required to present only a Secretary of State Request to Change Residence/Mailing Address form and his or her peace officer badge.
s) An applicant for a standard driver's license or identification card, instruction permit or visa-status temporary visitor driver's license who is under the age of 18 may submit a document from Group D issued to the applicant's parent or guardian.
t) A public official, as defined in Section 10 of the Public Official Safety and Privacy Act [5 ILCS 347] who wishes to change their residence or mailing address to the public official's business address is required to present only a Secretary of State Request to Suppress Personal Information − For Public Official form as proof of residency.
u) An employee of the Illinois Department of Children and Family Services with a job title of "Child Protection Specialist Trainee", "Child Protection Specialist", Child Welfare Specialist", or "Child Welfare Specialist Trainee" who wishes to change their residence or mailing address to their business address is required to present only a Secretary of State Request to Change Residence Address of D.C.F.S Employee form as proof of residency.
v) Unacceptable identification documents include, but are not limited to:
Bond Receipt or Bail/Bond Card
Business Cards
Check Cashing Cards
Club or Fraternal Membership Cards
College or University Identification Cards
Commercially Produced (non-State or unofficial) ID Cards
DHS (Department of Human Services) Cards or documents issued by DHS
Fishing License
HFS (Healthcare and Family Services) Cards
Handwritten ID or Employment Cards
Hunting License
Illinois Concealed Carry Card
Illinois FOID Card
Instruction Permit/Receipts
Insurance Card
International Driving Permit
Library Card
Personal Mail
Traffic Citation (Arrest Ticket)
Video Club Membership Cards
Wallet IDs
Unlicensed Financial Institution Loan Papers
Vehicle Registration
**History**
- *Source: Amended at 50 Ill. Reg. 9349, effective July 1, 2026*
## **Chapter II** Secretary of State
### **Part 1030** Issuance of Licenses
##### **92 Ill. Adm. Code 1030.APPENDIX** C Acceptable Identification Documents – Applicants for a Non-Visa Status Temporary Visitor's Driver's License or Non-Visa Status Temporary Visitor's Instruction Permit Pursuant to Ivc Section 6-105.1(a-5) (repealed) {#sec-1030.appendix omnilex-key=us-il-regs-official--title-92--1030.APPENDIX}
**History**
- *Source: Repealed at 48 Ill. Reg. 9020, effective July 1, 2024*
##### **92 Ill. Adm. Code 1030.APPENDIX** D Acceptable Identification Documents – Applicants for a Real ID Compliant Driver's License or Identification Card {#sec-1030.appendix omnilex-key=us-il-regs-official--title-92--1030.APPENDIX}
Any document submitted to the Secretary in a language other than English must be accompanied by a full English translation certified by the translator as complete and accurate. Additionally, the translator must provide a dated, written, and signed certification affirming their competence to translate from the foreign language to English.
a) An applicant applying for a Real ID compliant driver's license or identification card for the first time in the State of Illinois must present one document from each of Group A, B, C and E, as well as two documents from Group D. If an applicant's current name is different than the name that appears on the document presented for proof of identity/date of birth (Group A), the applicant must present a document linking the current name to the name on the Group A document (i.e., marriage certificate, divorce decree).
b) An applicant applying for a duplicate Real ID driver's license or identification card must present one form of identification from Group A.
c) An applicant applying for a corrected Real ID compliant driver's license or identification card due to an address change must present two documents from Group D. An applicant who requests a change in name, date of birth, social security number or gender must provide acceptable identification to create a link pertaining to the change between the previous information and the new information.
d) A U.S. citizen renewing a current or expired (less than one year) Real ID Illinois driver's license or identification card need only present the expiring or recently expired (less than one year) credential. An applicant other than a U.S. citizen renewing a current or expired (less than one year) Real ID Illinois driver's license or identification card must present current proof of lawful status and the expiring or recently expired (less than one year) credential. If an applicant does not possess the expiring or recently expired (less than one year) credential, the applicant must present one document from Group A. If requesting a change of address, the applicant must also present two documents from Group D. An applicant who requests a change in name, date of birth, social security number or gender must provide acceptable identification to create a link pertaining to the change between the previous information and the new information.
e) Documents of identification that are acceptable for the purpose of obtaining a Real ID compliant driver's license, permit or identification card are listed by group. Photocopies will not be accepted. All acceptable documents presented for verification or proof must be valid (current and not expired). Hard copy documents are required; images from a cell phone are not accepted (an applicant may print the image (e.g., bank statement) and provide the printed copy).
1) GROUP A − Written Signature
Canceled Check (dated within 90 days prior to application)
Cooperative Driver Testing Program Certificate
Court Order
Credit Card/Debit Card – Major Brand (American Express, Diner's Club, Discover, Mastercard, and Visa)
Driver's License issued by an agency of the United States Government (e.g., Department of State)
Foreign Passport
Identification Card issued by an agency of the United States Government
Illinois Department of Children and Family Services Identification Card Verification Form
Illinois Department of Corrections Identification Card Verification Form
Illinois Driver's License/Identification Card
Medicare Card – with suffix A, J, H, M or T
Mortgage or Installment Loan Documents
Out-of-state Driver's License/Identification Card
Social Security Card
Temporary Driver's License/Commercial Learner's Permit/Identification Card
United States Citizenship and Immigration Services (USCIS) forms:
I-551 (Permanent Resident Card)
I-766 (Employment Authorization Card)
I-94 (Arrival/Departure Record) with Valid Passport
United States Military Driver's License/Identification Card
United States Passport or Passport Card
United States Military Service Record (e.g., DD214)
2) GROUP B − Proof of Identity/Date of Birth
Certificate of Citizenship issued by the U.S. Department of Homeland Security, Form N-560 or Form N-561
Certificate of Naturalization issued by the U.S. Department of Homeland Security, Form N-550 or Form N-570
Certified copy of a birth certificate filed with a State Office of Vital Statistics or equivalent agency in the individual's state of birth
Consular Report of Birth Abroad (CRBA) issued by the U.S. Department of State, Form FS-240, DS-1350 or DS-545
Employment Authorization Document (EAD) issued by the U.S. Department of Homeland Security, Form I-766 or Form I-688B
Foreign passport with a U.S. visa affixed, accompanied by the approved I-94 form documenting the applicant's most recent admittance to the United States
Permanent Resident Card (Form I-551) issued by the U.S. Department of Homeland Security or the U.S. Immigration and Naturalization Service
Real ID driver's license or identification card issued in compliance with the standards of 6 CFR 37
United States Passport or passport card
3) GROUP C − Social Security Number. With the exception of a verified Illinois driver's license or identification card, all documents must contain the name and full name and full social security number.
Non-SSA-1099 Form
Pay stub or electronic deposit receipt bearing the applicant's name and full social security number
Social Security Card
SSA-1099 Form
W-2
4) GROUP D − Residency. All documents must contain full residential address. A document listed in Group A, B or C that contains the full residential address is acceptable as proof of residency.
Bank Statement (dated within 90 days prior to application)
Canceled Check (dated within 90 days prior to application)
Certified Grade/High School/College/University Transcript
Credit Card Statement (dated within 90 days prior to application) – American Express, Diner's Club, Discover, Mastercard, and Visa
Credit Report issued by Experian, Equifax or TransUnion − dated within 12 months prior to application
Deed/Title, Mortgage, Rental/Lease Agreement
Insurance Policy (Homeowner's or Renter's)
Letter on Official School Letterhead − dated within 90 days prior to application
Medical claim or statement of benefits from private insurance company or public (government) agency, dated within 90 days prior to application
Official mail received from a state, county, city or village or a federal government agency that includes first and last name of the applicant and complete current address. This may include, but is not limited to:
Homestead Exemption Receipt
Jury Duty Notice issued within 90 days prior to application
Selective Service Card
Social Security Annual Statement
Social Security Disability Insurance (SSDI) Statement
Supplemental Security Income (SSI) Benefits Statement
Voter Registration Card
Pay Stub or Electronic Deposit Receipt
Pension or Retirement Statement
Phone book, current, produced by a phone book publisher
Report Card from Elementary, Middle or Secondary School or College/University
Tuition invoice or other official mail from a college or university dated within the 12 months prior to application
Utility Bill − electric, water, refuse, telephone (land or cell), cable or gas, issued within 90 days prior to application
5) GROUP E − United States Citizenship or Lawful Status (originals or certified copies are required)
Certificate of Citizenship issued by the U.S. Department of Homeland Security, Form N-560 or Form N-561.
Certificate of Naturalization issued by the U.S. Department of Homeland Security, Form N-550 or Form N-570
Certified copy of a birth certificate filed with a State Office of Vital Statistics or equivalent agency in the individual's state of birth
Consular Report of Birth Abroad (CRBA) issued by the U.S. Department of State, Form FS-240, DS-1350 or DS-545
Employment Authorization Document (EAD) issued by the U.S. Department of Homeland Security, Form I-766 or Form I-688B
Foreign passport with a United States visa affixed, accompanied by the approved I-94 form documenting the applicant's most recent admittance to the United States
Permanent Resident Card (Form I-551) issued by the U.S. Department of Homeland Security or the U.S. Immigration and Naturalization Service
United States Passport or Passport Card
f) After review of all identification presented, Driver Services or Secretary of State management has the right to accept or refuse any document.
g) An applicant applying for a no-fee identification card who is homeless must present one document from each of Group A, B, C, and E and a homeless status certification, as described in Section 1030.12, to satisfy the requirements for Group D.
h) A justice of the United States Supreme Court or Illinois Supreme Court, judge of the United States Court of Appeals, judge and magistrate judge of the United States Bankruptcy Court, justice of the Illinois Appellate Court, and judge and associate judge of the Illinois Circuit Courts who wishes to change his or her residence address or mailing address to his or her business address, pursuant to the Judicial Privacy Act [705 ILCS 90], is required to present only a Secretary of State Request to Suppress Personal Information form as proof of residency.
i) An administrative law judge as defined in Section 1-15 of the Illinois Administrative Procedure Act who wishes to change the residence address or mailing address to their business address, pursuant to the Judicial Privacy Act [705 ILCS 90], is required to present only a Secretary of State Request to Suppress Personal Information − Administrative Law Judge form as proof of residency.
j) A peace officer who wishes to change his or her residence address or mailing address to his or her business address pursuant to IVC Section 6-110(a-5) is required to present only a Secretary of State Request to Change Residence/Mailing Address form and his or her peace officer badge.
k) An applicant for a Real ID driver's license or identification card who is under the age of 18 may submit a document from Group D issued to the applicant's parent or guardian.
l) A public official, as defined in Section 10 of the Public Official Safety and Privacy Act [5 ILCS 347] who wishes to change their residence or mailing address to the public official's business address is required to present only a Secretary of State Request to Suppress Personal Information − For Public Official form as proof of residency.
m) An employee of the Illinois Department of Children and Family Services with a job title of "Child Protection Specialist Trainee", "Child Protection Specialist", Child Welfare Specialist", or "Child Welfare Specialist Trainee" who wishes to change their residence or mailing address to their business address is required to present only a Secretary of State Request to Change Residence Address of D.C.F.S Employee form as proof of residency.
n) Unacceptable identification documents include, but are not limited to:
Bond Receipt or Bail/Bond Card
Business Cards
Check Cashing Cards
Club or Fraternal Membership Cards
College or University Identification Cards
Commercially Produced (non-State or unofficial) ID Cards
DHS (Department of Human Services) Cards or documents issued by DHS
Fishing License
HFS (Healthcare and Family Services) Cards
Handwritten ID or Employment Cards
Hunting License
Illinois Concealed Carry Card
Illinois FOID Card
Instruction Permit/Receipts
Insurance Card
Library Card
Personal Mail
Traffic Citation (Arrest Ticket)
Unlicensed Financial Institution Loan Papers
Video Club Membership Cards
Wallet IDs
Unlicensed Financial Institution Loan Papers
**History**
- *Source: Amended at 50 Ill. Reg. 9349, effective July 1, 2026*
##### **92 Ill. Adm. Code 1035.10** Definitions {#sec-1035.10 omnilex-key=us-il-regs-official--title-92--1035.10}
For purposes of this Part, the following definitions shall apply:
"Active Duty" – active duty pursuant to an executive order of the President of the United States, an act of the Congress of the United States, or an order of the Governor (IVC Section 6-106.1(j)).
"Adulterated Specimen" − a urine specimen that contains a substance not expected to be present in human urine, or contains a substance expected to be present, but is at a concentration so high that it is not consistent with human urine (see 49 CFR 40.3 (2014)).
"Cancellation" – the cancellation of a school bus driver permit − the annulment or termination by formal action of the Secretary of State of a person's school bus driver permit because of some error or defect in the permit, because the permit holder is no longer entitled to the permit, refusal or neglect of the person to submit to an alcohol and drug evaluation or submit to or fail to successfully complete the examination, in accordance with IVC Sections 1-110, 6-106.1 and 6‑207.
"Cellular Radio Communication Device" – a device capable of sending or receiving telephone communications without an access line for service and that requires the operator to dial a number manually. It does not include citizens band radios or citizens band radio hybrids.
"Chain of Custody" – a procedure used to document the handling of the urine specimen from the time the employee gives the specimen to the collector until the specimen is destroyed. This procedure uses the Federal Drug Testing Custody and Control Form (see 49 CFR 40 (October 1, 2014)).
"Chain of Custody Form" or "CCF" – an employer copy of the Federal Drug Testing Custody and Control Form used to notify the employer that the applicant has taken a split specimen test and the results of that test.
"Collector" − a person who instructs and assists employees at a collection site, who receives and makes an initial inspection of the specimen provided by those employees and who initiates and completes the CCF.
"Conviction" – an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law, by a court of original jurisdiction or by an authorized administrative tribunal; an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court; a plea of guilty or nolo contendere accepted by the court; the payment of a fine or court cost, regardless of whether the imposition of sentence is deferred and ultimately a judgment dismissing the underlying charge is entered; or a violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended or probated pursuant to IVC Section 6-500(8).
"Curriculum-Related School Activity" − includes from home to school or from school to home, tripper or shuttle service between school attendance centers, transportation to vocational or career center or other trade-skill development site or regional safe school or other school-sponsored alternative learning program, or a trip that is directly related to the regular curriculum of a student for which he or she earns credit.
"Denial" – to prohibit or disallow the privilege to obtain a school bus driver permit and/or the privilege to operate a school bus in accordance with IVC Section 6-106.1.
"Dilute Specimen" – a urine specimen with creatinine and specific gravity values that are lower than expected for human urine pursuant to 49 CFR 40.3.
"Disqualification" – a withdrawal of the privilege to drive a commercial motor vehicle [625 ILCS 5/1-115.3].
"Driver" – every person who drives or is in actual physical control of a vehicle [625 ILCS 5/1-116].
"Employer" – any public or private school district, individual, corporation, partnership or association who employs school bus drivers licensed pursuant to IVC Section 6-106.1.
"Employer Certification/Notification" – a form prescribed by the Secretary of State and submitted by the employer that certifies an applicant has met all pre‑employment conditions and all conditions for reapplication, or that a driver who is no longer eligible for a school bus driver permit has been removed from service.
"Fingerprint Process" – a method by which a person's fingerprints are taken for the purpose of certification of a criminal background investigation for a school bus driver permit and submitted to the Illinois Department of State Police and the Federal Bureau of Investigation (FBI).
"Hearing" – a hearing conducted by the Secretary of State, pursuant to IVC Sections 2-118 and 6-106.1, upon written request of the driver or applicant.
"Home State" – the state where a person has a true, fixed, and permanent home and principal residence to which the person has the intention of returning whenever the person is absent.
"Illinois Vehicle Code" or "Vehicle Code" or "IVC" – 625 ILCS 5.
"Initial Training" – an initial training class, including first aid procedures, in school bus safety administered by the Illinois State Board of Education through the Regional Office of Education and approved by the Secretary of State pursuant to IVC Section 6-106.1. Initial training will provide sufficient practical behind‑the-wheel instruction.
"Lapse" – a period of time following the expiration of a driver's license or school bus driver permit in which the driver can renew or reapply without penalty.
"Medical Examination" − a physical examination by a medical examiner that includes tests for drug and alcohol use and the medical qualifications needed to drive a school bus.
"Medical Examiner" − a person who is a licensed physician, an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes him or her to perform medical examinations, or a physician assistant who has been delegated the performance of medical examinations by his or her supervising physician.
"Medical Examiner's Certificate" – a form, developed by the Secretary of State, upon which a medical examiner records the results of a physical examination and certifies whether a person is qualified to apply for a school bus driver permit.
"Medical Review Officer" or "MRO" − a person who is a licensed physician and is responsible for receiving and reviewing laboratory results generated by an employer's drug testing program and evaluating medical explanations for certain drug test results (see 49 CFR 40.3 (October 1, 2014)).
"Military Order" − official military documents that indicate the date the school bus driver permit holder will be called to active duty and the expected date the permit holder will return from active duty.
"Miscellaneous Suspension" – a safety and family financial responsibility suspension, unsatisfied judgment suspension, auto emissions suspensions, parking ticket suspension, failure to appear suspension, failure to pay toll suspension, nighttime driving restriction suspension, and all suspensions that are rescinded and are no longer in effect.
"Multifunction School Activity Bus" or "MFSAB" − a school bus manufactured for the purpose of transporting 11 or more persons, including the driver, whose purposes do not include transporting students to and from school or school bus stops.
"Possession of a School Bus" – the period of time from which a school bus driver takes possession until the school bus driver returns possession of the school bus, whether or not the school bus driver is operating the school bus.
"Pre-Employment Conditions" – an applicant must have been interviewed by the prospective employer; completed a school bus driver permit application and prescribed medical report form; successfully passed a physical examination; successfully completed a fingerprint-based Illinois specific background check with fingerprints forwarded to the FBI for a national background check; and received the required initial training.
"Pre-Trip and/or Post-Trip Inspection" – requires the school bus driver to test the cellular radio telecommunication device or two-way radio and ensure it is functioning properly before the bus is operated and before leaving the bus at the end of each route, work shift or work day, to walk to the rear of the bus, and to check the bus for children or other passengers in the bus.
"Provisional Status" – the temporary privilege to operate a school bus pending completion of the FBI criminal background check.
"Random Testing" – a drug and/or alcohol test having no specific time pattern.
"Refresher Course" – a classroom course in school bus safety approved by the Secretary of State. Refresher training courses shall be a minimum of 2 hours in length, part of which must be first aid training, taught by an instructor certified by the Illinois State Board of Education under 23 Ill. Adm. Code 1.515.
"Repeatedly Convicted of Offenses against Laws and Ordinances Regulating the Movement of Traffic" – a driver for whom an order has been entered to suspend or revoke a license or permit under IVC Section 6-206(a)(3).
"Repeatedly Involved as a Driver in Motor Vehicle Collisions" – a driver for whom an order has been entered to suspend or revoke a license or permit under IVC Section 6-206(a)(3).
"Rescind Order" – a removal by formal action of an order canceling, suspending or denying issuance of a school bus permit.
"Review of Driving Records" – a review of the applicant's driving record maintained by the Secretary of State or documentation from another licensing jurisdiction, which has been certified within 30 days prior to the date of application, to insure that the requirements of IVC Sections 6-106(1), (2), (3), (9), (10), (11), (12), (13) and (14) have been met.
"School Bus" – every motor vehicle, except as provided in this definition, owned or operated by or for any of the following entities for the transportation of persons regularly enrolled as students in grade 12 or below in connection with any activity of the entity:
Any public or private primary or secondary school;
Any primary or secondary school operated by a religious institution; or
Any public, private or religious nursery school.
This definition shall not include the following:
A bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interurban transportation of passengers when the bus is not traveling a specific school bus route but is:
On a regularly scheduled route for the transportation of other fare paying passengers;
Furnishing charter service for the transportation of groups on field trips or other special trips or in connection with other special events; or
Being used for shuttle service between attendance centers or other education facilities.
A motor vehicle of the first division.
A motor vehicle designed for the transportation of not fewer than seven nor more than 16 persons that is operated by or for a public or private primary or secondary school, including any primary or secondary school operated by a religious institution, for the purpose of transporting not more than 15 students to and from interscholastic athletic or other interscholastic or school sponsored activities. [625 ILCS 5/1-182]
"School Bus Driver Active Duty Form" − the form submitted by an employer as notification of the date the school bus permit holder is placed on active military duty.
"School Bus Driver Inactive Status" − status of school bus permit while the school bus permit holder is on active military duty.
"School Bus Driver Permit" – permit issued for a period of one year to school bus drivers by the Office of the Secretary of State pursuant to IVC Section 6-106.1.
"School Bus Driver Permit Application" – the form or document prescribed by the Secretary of State upon which a request for a school bus driver permit is made.
"School Bus Driver Return From Active Duty Form" − the form submitted by employer as notification of the date the school bus driver permit holder returned from active duty.
"Secretary of State" – the Secretary of State of Illinois [625 ILCS 5/1-184].
"Serious Traffic Violation" – notwithstanding convictions that in and of themselves result in the immediate suspension or revocation of a driver's license and privilege, the following offenses or a similar violation of a law or local ordinance of any state relating to motor vehicle traffic control, other than a parking violation, shall be considered a serious traffic violation:
A conviction, when operating a motor vehicle, for a violation of or relating to:
IVC Section 11-402(a) − a motor vehicle accident involving damage to a vehicle;
IVC Section 11-403 − failure to stop and exchange information after a motor vehicle collision, property damage only;
IVC Section 11-502(a) − illegal transportation, possession or carrying of alcoholic liquor within the passenger area of any vehicle;
IVC Section 6-101 − operating a motor vehicle without a valid license or permit;
IVC Section 11-403 − failure to stop and exchange information or give aid after a motor vehicle collision involving personal injury or death;
Excessive speeding − a single speeding charge of 15 miles per hour or more above the legal speed limit;
IVC Section 11-503 − Reckless driving;
IVC Section 11-707(d) − passing in a no-passing zone; or IVC Section 11-1414 − passing a stopped school bus;
IVC Section 11-1402(b) − limitations on backing upon a controlled access highway;
IVC Section 11-707(b) − driving on the left side of a roadway in a no-passing zone;
IVC Section 11-1002(e) − failure to yield the right-of-way to a pedestrian at an intersection;
IVC Section 11-1008 − failure to yield to a pedestrian on a sidewalk;
IVC Sections 11-1201 and 11-1202 − failure to stop for an approaching railroad train or signal;
Any State law or local ordinance relating to motor vehicle traffic control, other than parking violations, arising in connection with a fatal traffic accident;
IVC Section 6-501 − having multiple driver's licenses;
IVC Section 6-507(a) − the requirement to have a valid CDL;
Improper or erratic traffic lane changes;
Following another vehicle too closely;
IVC Section 6-104(d) − possession of a valid school bus permit;
IVC Section 11-605 − school speed zones;
Any other similar violation of a law or local ordinance of any state relating to motor vehicle traffic control, other than parking violations, that the Secretary of State determines by administrative rule to be serious.
"Service Member" − a member of the Armed Services or reserve forces of the United States or a member of the Illinois National Guard (IVC Section 6-106.1(j)).
"Specimen Bottle" − the bottle that, after being sealed and labeled according to the procedures in this Part, is used to hold the urine specimen during transportation to the laboratory (see 49 CFR 40.3 (October 1, 2014)).
"Split Specimen" − in drug testing, a part of the urine specimen sent to a first laboratory and retained unopened, and that is transported to a second laboratory in the event that the employee requests that it be tested following a verified positive test of the primary specimen or a verified adulterated or substituted test result (see 49 CFR 40.3 (October 1, 2014)).
"State" – a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a province of the Dominion of Canada [625 ILCS 5/1-195].
"Substituted Specimen" − a specimen with creatinine and specific gravity values so diminished that they are not consistent with human urine.
"Suspension of Driver's License" – the temporary withdrawal by formal action of the Secretary of State of a person's license or privilege to operate a motor vehicle on the public highways, for a period specifically designated by the Secretary of State [625 ILCS 5/1-204].
"Suspension of School Bus Driver Permit" – the temporary withdrawal, by formal action by the Secretary of State, of a person's permit that grants and specifies limited privileges to operate a school bus on the public highways, for a period specifically designated by the Secretary of State.
"Waiver" – an exemption allowed under certain conditions rendering an ineligible applicant eligible.
**History**
- *Source: Amended at 49 Ill. Reg. 12158, effective September 10, 2025*
## **Chapter II** Secretary of State
### **Part 1035** School Bus Driver Permit
##### **92 Ill. Adm. Code 1035.15** Requirements of Applicants for a School Bus Driver Permit {#sec-1035.15 omnilex-key=us-il-regs-official--title-92--1035.15}
In order for the Secretary of State to issue a school bus driver permit, all applicants must:
a) be 21 years of age or older;
b) possess a valid and properly classified driver's license issued by the Secretary of State or a valid license issued in the applicant's home state;
c) possess a valid driver's license that has not been revoked, suspended, canceled, or disqualified for three years immediately prior to the date of application, and shall not have had his or her commercial motor vehicle driving privileges disqualified within the three years immediately prior to the date of application, except for miscellaneous suspensions, (see IVC Section 1-115.3). A lapse in the renewal of the driver's license of 30 days or less shall not render the applicant ineligible. The Secretary of State may, in his or her discretion, grant a waiver for a lapse in the renewal of the driver's license in excess of 30 days;
d) pass written examinations administered by the Secretary of State on school bus operation, school bus safety, and special traffic laws relating to school buses and submit to a review of the applicant's driving habits by the Secretary of State at the time the written examination is given. This subsection (d) does not apply to an applicant for a 2nd Division school bus permit who holds a valid CDL or a CDL expired for 30 days or less, issued by another state with both a S and P endorsement. For the purposes of this subsection (d), state means a state in the United States, the District of Columbia, and any province or territory of Canada [625 ILCS 5/6-500(27)];
e) demonstrate the ability to exercise reasonable care in the operation of a school bus in accordance with the requirements of 92 Ill. Adm. Code 1030.85;
f) be physically able to safely operate a school bus. An applicant for a school bus driver permit must demonstrate physical fitness to operate a school bus by undergoing a medical examination in accordance with Section 1035.20;
g) affirm under penalty of perjury that the applicant has not made a false statement or knowingly concealed a material fact in any application for a permit;
h) complete initial training. After satisfactory completion of initial training, an annual refresher course will be required. Refresher courses and the agency or organization conducting those courses shall be approved by the Secretary of State. Failure to complete the annual refresher course shall result in cancellation of the permit until the course is completed;
i) not have been under an order of court supervision for or convicted of two or more serious traffic offenses, as defined by Section 1035.10, within one year prior to the date of application, that may endanger the life and safety of any of the driver's passengers within the duration of the permit period;
j) not have been under an order of court supervision for or convicted, within three years prior to the date of application, of reckless driving (see IVC Section 11-503), aggravated reckless driving, driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof (see IVC Section 11-501) or reckless homicide (see Section 9-3 of the Criminal Code of 1961 [720 ILCS 5]) resulting from the operation of a motor vehicle;
k) consent, in writing, to the release of results of reasonable suspicion drug and alcohol testing under IVC Section 6-106.1c by the employer of the applicant to the Secretary of State;
l) not have been convicted of committing or attempting to commit any one or more of the offenses set forth in IVC Section 6-106.1(a)(11) or 6-106.1(a)(16);
m) not have been repeatedly involved as a driver in motor vehicle collisions or been repeatedly convicted of offenses against laws and ordinances regulating the movement of traffic, to a degree that indicates lack of ability to exercise ordinary and reasonable care in the safe operation of a motor vehicle or disrespect for the traffic laws and the safety of other persons upon the highway in accordance with 92 Ill. Adm. Code 1040.40;
n) not have, through the unlawful operation of a motor vehicle, caused an accident resulting in the death of any person; and
o) not have, within the last five years, been adjudged to be afflicted with or suffering from any mental disability or disease.
**History**
- *Source: Amended at 48 Ill. Reg. 17659, effective November 22, 2024*
##### **92 Ill. Adm. Code 1035.20** Annual Medical Examination and Certificate {#sec-1035.20 omnilex-key=us-il-regs-official--title-92--1035.20}
a) All applicants for a school bus driver permit must demonstrate physical fitness to operate a school bus by undergoing a medical examination, including tests for drug and alcohol use, conducted by a medical examiner within 90 days prior to the date of application for the permit.
b) An applicant who, within 90 days prior to the date of application, has undergone a medical examination complying with subpart E of 49 CFR 391.41 (October 1, 2015) shall be exempt from the corresponding requirements of this Section, provided that the applicant submits to the Secretary of State a copy of the federal medical examiner's certificate (49 CFR 391.43, October 1, 2015) and/or a copy of the CCF form signed by the medical examiner.
c) Except as provided in subsection (b), the medical examination for all applicants shall be performed in accordance with the provisions of this Section and the instructions contained on the Secretary of State Physical Examination and Certificate for Illinois School Bus Driver form, which may be obtained from the Secretary of State for the use of the medical examiner.
d) Each applicant to be tested for drugs shall consent in writing to provide a split urine specimen for this purpose as part of the applicant's annual medical examination and shall authorize the release of the results of the tests to the medical examiner. Those persons responsible for collection of the specimen shall ensure that the split specimen is not substituted, adulterated or diluted by the applicant during the collection procedure. The split specimen bottle shall be labeled to identify its source and shall be delivered to the testing laboratory by U.S. mail, personal delivery by the medical examiner's staff, a professional messenger service, or other means that preclude tampering with the split specimen. Those persons responsible for collecting, processing and testing the specimen shall maintain and be able to document a chain of custody for the split specimen that ensures its integrity.
e) Drug Test Results
1) A person shall be deemed to have failed to obtain a negative result on a drug test if he/she:
A) Fails to appear for any test within 24 hours after being directed to do so by the employer;
B) Fails to remain at the testing site until the testing process is complete, as determined by the collector;
C) Fails to provide a urine specimen;
D) If applicable, fails to permit the observation or monitoring of his/her provision of a specimen;
E) Fails to provide sufficient amount of urine when directed and it has been determined, through a required medical evaluation, as set forth in 49 CFR 40.193 (October 1, 2015), that there was no adequate medical explanation for the failure;
F) Fails or declines to take a second test as directed by the employer or collector;
G) is reported by the MRO as having a verified adulterated or substituted test result;
H) Fails to cooperate with any part of the testing process (e.g., refuses to empty pockets when so directed by the collector or behaves in a confrontational way that disrupts the collection process);
I) Is reported by the MRO as having a positive drug test result.
2) These standards apply only to drug tests that are not required by 49 CFR 382 (October 1, 2015), but are required as part of the school bus driver permit program (see IVC Section 106.1) or the school bus driver endorsement program (see IVC Section 6-508).
f) The split specimen shall be tested for marijuana metabolites, cocaine metabolites (Benzoylecgonin), opiates metabolites, amphetamines and phencyclidine (PCP) using the tests and standards for positive test results specified in 49 CFR 40.85 (October 1, 2015). Testing shall be conducted by a laboratory certified by either the Illinois Department of State Police pursuant to 20 Ill. Adm. Code 1286 or the U.S. Department of Transportation pursuant to 49 CFR 40 (October 1, 2015).
g) The laboratory shall report the test results only to the medical examiner. The medical examiner shall review confirmed positive test results in order to determine whether there is a legitimate medical explanation of legal drug use for each positive test result. The medical examiner may, at his or her discretion, consult with any other medical examiner whose expertise in the area of substance abuse may, in the examining physician's judgment, be helpful in reviewing test results. The medical examiner shall record his or her findings on the applicant's medical examiner's certificate. If the medical examiner determines there is no legitimate medical explanation for a positive test result for one or more of the tested drugs, the applicant shall be ineligible to receive a school bus driver permit.
h) Each applicant, as part of the annual medical examination, shall also be tested to assist the medical examiner in determining whether the applicant has a current clinical diagnosis of alcoholism. The medical examiner shall record on the Physical Examination and Certificate for Illinois School Bus Driver form those tests that were administered, as well as the medical examiner's findings as to whether the applicant has a current clinical diagnosis of alcoholism. An applicant with a current clinical diagnosis of alcoholism shall be ineligible for a school bus driver permit.
i) Each initial applicant, as a part of the medical examination for a school bus driver permit, shall be tested for tuberculosis as outlined in subsection (j)(13). Reapplicants will not be required to be retested for tuberculosis as part of the annual medical examination unless, in the judgement of the medical examiner, the test should be performed in order to determine if the applicant is physically qualified to operate a school bus. Any applicant who allows his or her school bus permit to expire for more than 30 days is, pursuant to Section 1035.25(j), considered a new applicant and, as such, shall be required to be retested for tuberculosis.
j) An applicant shall be considered physically qualified to operate a school bus only if he or she:
1) has no loss or impairment of a hand, finger, arm, foot, or leg that would interfere with the safe operation of a school bus or has had such loss or impairment compensated for in a manner satisfactory to the medical examiner;
2) has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control that is likely to interfere with the ability to safely control and drive a school bus;
3) has no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse or congestive cardiac failure;
4) has no established history or clinical diagnosis of a respiratory dysfunction likely to interfere with the ability to safely control and drive a school bus;
5) has no current clinical diagnosis of high blood pressure likely to interfere with the ability to safely control and drive a school bus;
6) has no established medical history or clinical diagnosis of rheumatic, arthritic, orthopedic, muscular, neuromuscular, or vascular disease likely to interfere with the ability to safely control and drive a school bus;
7) has no established medical history or clinical diagnosis of epilepsy or any other condition that is likely to cause loss of consciousness or any loss of ability to safely control and drive a school bus;
8) has no mental, nervous, organic or functional disease or psychiatric disorder likely to interfere with the ability to safely control and drive a school bus;
9) has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses, or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of at least 20/40 (Snellen) in each eye with or without corrective lenses, field of vision of at least 70 degrees in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing standard red, amber and green (i.e., no monocular individual may be considered qualified);
10) first perceives a forced whispered voice in the better ear at not less than 5 feet with or without a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500Hz, 1,000Hz and 2,000Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard Z24.5-1951;
11) does not use amphetamines, cocaine, marijuana, opiates, phencyclidine, or any other mind altering drug or substance, or any prescribed drug that may interfere with the ability to safely operate a school bus;
12) has no current clinical diagnosis of alcoholism; and
13) has a negative reading/test result on a tuberculosis test or has a positive result on a tuberculosis skin test and either:
A) is receiving prophylactic treatment; or
B) has inactive tuberculosis as diagnosed by X-ray.
k) The medical examiner's conclusion as to whether the person he or she examined is qualified to drive a school bus shall be recorded on a medical examiner's certificate with the form set out in Appendix A.
l) One copy of the completed physical examination and medical certificate is to be forwarded by the medical examiner to the employing agency or organization of the applicant; one copy is to be retained by the applicant; and one copy is to be retained by the medical examiner.
**History**
- *Source: Amended at 40 Ill. Reg. 9646, effective July 1, 2016*
##### **92 Ill. Adm. Code 1035.25** Permit Application Process {#sec-1035.25 omnilex-key=us-il-regs-official--title-92--1035.25}
a) Each applicant for a school bus driver permit must first successfully complete a pre-employment interview with the prospective employer to determine the acceptability of the applicant in terms of the requirements of this Part and those outlined in IVC Section 6-106.1.
b) The applicant seeking employment as a school bus driver must complete an Application for Illinois School Bus Driver Permit obtained from the prospective employer and then complete the following:
1) Physical examination, obtaining the medical examiner's certificate, in accordance with Section 1035.20;
2) Fingerprint process;
3) initial training.
c) The employer shall certify in writing to the Secretary of State on a form prepared or approved by the Secretary of State that all the required pre-employment conditions have been successfully completed.
d) The applicant shall then submit the employer certification, the school bus driver permit application, and a fee of $4.00 to the Secretary of State.
e) The Secretary of State shall review the applicant's driving history to determine if it is acceptable under the provisions of this Part and IVC Section 6-106.1.
1) The applicant must:
A) pass written examinations administered by the Secretary of State's Office in accordance with 92 Ill. Adm. Code 1030.80;
B) successfully complete a road test administered by the Secretary of State's Office or a third-party certifying entity in the class of vehicle to be used, in accordance with 92 Ill. Adm. Code 1030.85. The prohibition in Section 1030.85(n) against the use of any recording device during a road test does not apply to a recording device installed on a school bus by a school district or school bus company that cannot be turned off by the driver.
2) Written examinations must be successfully completed prior to the road test. Each examination must be completed in no more than 3 attempts and within 90 days after the date of certification by the employer under subsection (c) in order for the current physical examination date to be used. Examinations taken 90 days after the certification date will require a new physical examination. The written examinations are valid for one year upon completion. After 3 failed attempts on any examination, the applicant must wait 30 days to again test.
f) Upon successful completion of all pre-employment conditions and examination requirements for the school bus driver permit, the Secretary of State shall issue a school bus driver permit with a provisional status. Upon successfully passing the FBI criminal background investigation, the Secretary of State shall remove the school bus driver permit from provisional status. The permit shall expire one year from the issuance date.
g) Current Permit Holders:
1) Individuals who, as of July 1, 1995, possessed a valid school bus driver permit that was previously issued by the appropriate regional superintendent are not subject to the fingerprinting provisions as long as the permit remains valid and does not lapse. If an applicant re-applies for a school bus driver permit 30 days or less after the date of expiration of the current permit, it shall not constitute a lapse.
2) Current school bus drivers need not be retested by the Secretary of State except when a change in license classification is required.
h) A re-applicant for a school bus driver permit shall be required to submit an employer certification verifying completion of a yearly physical and refresher training, as well as a $4.00 re-application fee. Re-applications will not be accepted more than 60 days prior to the expiration date of the current permit.
i) The fee for a school bus driver permit shall be as follows:
1) Original school bus driver permit.....................................$4.00
2) Re-application for school bus driver permit.....................$4.00
3) Duplicate or corrected school bus driver permit...............$4.00
j) Any individual who allows his/her school bus driver permit to expire for more than 30 days shall be required to submit to all the requirements set forth for a new applicant.
k) Substitute Drivers: Any individual who drives when a regular school bus driver is not available must have a permit. Athletic coaches, teachers and other school employees who occasionally drive school buses that transport students to and from school or school-related activities must be qualified and have a school bus driver permit.
l) Out-of-State Applicants: Any person residing in a state other than Illinois who seeks employment as a school bus driver must possess a valid and properly classified license from his or her home state. The applicant must follow the procedure outlined in this Part for new applicants.
m) New Resident Applicants: Any person who has relocated to the State of Illinois who seeks employment as a school bus driver must provide documentation from his or her former state of residence, prior to application, that the requirements of IVC Sections 6-106.1(a)(3), (9) and (10) have been met. This documentation must be attached to the school bus driver application form prior to appearing at a Secretary of State's Driver Services Facility. The documentation must have been issued within 90 days prior to the date of application. The applicant must follow the procedure outlined for new applicants as set forth in this Part.
n) An applicant for a school bus driver permit must have a three-year continuous driving history. This requirement may be met by a combination of in-state and out‑of‑state driving records. An exception may be allowed under the following criteria:
1) a written request for an exemption must be submitted, with the reason for the break in the three-year driving history;
2) a break of 30 days or less in the three-year driving history may be waived by the Secretary of State;
3) a break of more than 30 days, but less than 6 months, in the driving history may be approved by the Secretary of State if the record is clear or if listed convictions do not affect driving.
**History**
- *Source: Amended at 49 Ill. Reg. 12158, effective September 10, 2025*
## **Chapter II** Secretary of State
### **Part 1035** School Bus Driver Permit
##### **92 Ill. Adm. Code 1035.30** Training {#sec-1035.30 omnilex-key=us-il-regs-official--title-92--1035.30}
a) The initial course and annual refresher training courses are required for each school bus driver permit holder and shall be:
1) Approved by the Secretary of State and the agency or organization conducting the course;
2) Taught by an instructor certified by the Illinois State Board of Education; and
3) A minimum of two hours in length, part of which must include first aid training.
b) The date of the annual refresher training shall be computed as follows:
1) The first refresher training following initial training must be completed within one year (365 days) from the date of initial training. The date of the first refresher training will be known as the refresher date.
2) In the event that an individual completes subsequent refresher training between the actual refresher date and 60 days prior to that refresher date, the next annual refresher date will not change. In the event refresher training is completed more than 60 days prior to the refresher date, the date the driver completes the refresher training will become the new annual refresher date.
3) In recognition of the disaster proclaimed by the Governor in Gubernatorial Proclamation number 2020-038 issued on March 9, 2020, as extended by subsequent disaster proclamations, refresher dates for those individuals whose current refresher date falls in December 2020, January 2021, February 2021 or March 2021 are extended for a period of 90 days.
**History**
- *Source: Amended at 45 Ill. Reg. 6602, effective May 4, 2021*
##### **92 Ill. Adm. Code 1035.32** Random Drug Testing for Alcohol and Controlled Substances {#sec-1035.32 omnilex-key=us-il-regs-official--title-92--1035.32}
School bus driver permit holders who also hold a CDL are subject to random testing for alcohol and controlled substances. This testing must conform to 49 CFR 382.305 (2008).
**History**
- *Source: Added at 33 Ill. Reg. 17093, effective December 1, 2009*
##### **92 Ill. Adm. Code 1035.35** Denial, Cancellation, or Suspension of a School Bus Driver Permit {#sec-1035.35 omnilex-key=us-il-regs-official--title-92--1035.35}
a) The Secretary of State shall deny or cancel a school bus driver permit of an applicant:
1) whose criminal background investigation discloses that he or she is not in compliance with any of the provisions of IVC Section 6-106.1(a);
2) upon receiving notice that the permit holder fails to comply with any provision of this Part;
3) upon receiving notice that the permit holder's commercial driving permit or commercial driving privileges are withdrawn or otherwise invalidated;
4) upon receiving notice that the permit holder has been under an order of court supervision for or convicted of 2 serious violations during the duration of the permit.
b) The Secretary of State shall suspend a school bus driver permit for a period of 3 years upon receiving notice that the holder has failed to obtain a negative result on a drug test as required by IVC Section 6-106.1 or under 49 CFR 382.303, 382.305, 382.307 and 382.309 (2008).
c) The Secretary of State shall suspend a school bus driver permit for a period of 3 years upon receiving notice from the employer that the holder failed to perform the pre-trip and/or post-trip inspection procedure set forth in IVC Section 12-816 (a) or (b).
d) The Secretary of State shall deny an applicant for a school bus driver permit for a period of 3 years who fails to obtain a negative result on a drug test as required by IVC Section 6-106.1 or under 49 CFR 382.301 (2008).
e) The Secretary of State shall deny an applicant or re-applicant for a school bus driver permit upon an indication on a driving record that he or she has failed to pay any fines, costs or fees that deny the renewal or reissuance of a driver's license or any other indication on a driving record that denies the renewal or reissuance of a driver's license.
f) A cancellation of a school bus driver permit shall remain in effect pending the outcome of a hearing pursuant to IVC Section 2-118.
g) An order may be rescinded provided the cause is removed and the applicant continues to meet the requirements outlined in IVC Section 6-106.1(a).
h) The Secretary shall suspend a school bus driver permit for a period of three years upon receiving notice from the employer that the holder has failed to perform the inspections required by IVC Section 12-816.
i) The Secretary shall suspend a school bus driver permit for a period of three years upon receiving notice from an employer that the permit holder has failed or refused a reasonable suspicion alcohol or drug test outlined in IVC Section 6-106.1c.
**History**
- *Source: Amended at 36 Ill. Reg. 2384, effective January 30, 2012*
##### **92 Ill. Adm. Code 1035.40** Notice {#sec-1035.40 omnilex-key=us-il-regs-official--title-92--1035.40}
a) The Secretary of State shall immediately notify in writing the State Superintendent of Education and the permit holder's prospective or current employer that the applicant:
1) has failed an FBI criminal background investigation; or
2) is no longer eligible for a school bus driver permit.
b) The Secretary shall also notify the State Superintendent of any related cancellations, suspensions or denials of the applicant's school bus driver permit.
**History**
- *Source: Amended at 33 Ill. Reg. 17093, effective December 1, 2009*
##### **92 Ill. Adm. Code 1035.45** Employer Responsibility {#sec-1035.45 omnilex-key=us-il-regs-official--title-92--1035.45}
It shall be the responsibility of a prospective or current employer of an applicant or holder of a school bus driver permit to:
a) conduct a pre-employment interview with the prospective school bus driver applicant;
b) distribute school bus driver permit applications and medical forms;
c) insure that applicants submit to a fingerprint-based criminal background investigation;
d) certify in writing to the Secretary of State that an applicant has successfully completed all pre-employment conditions;
e) notify the Secretary of State in writing that the employer has certified the removal from service of a school bus driver whose permit has been canceled or suspended by the Secretary of State, prior to the start of that school bus driver's next work shift;
f) upon receipt of notification from an MRO that an employee has had a positive drug test or refused to be tested, immediately notify the Secretary of State of that result. Notification to the Secretary of State shall include a copy of the CCF form, medical examiner's certificate, positive drug results or notation of failure to complete testing. This information shall be privileged and maintained for use by the Secretary of State;
g) notify the Secretary of State within 48 hours of a school bus driver that has failed a reasonable suspicion drug or alcohol test or refused to be tested in accordance with IVC Section 6-106.1c;
h) notify the Secretary of State in writing, within 10 working days, of the employment or termination of a school bus driver permit holder;
i) notify the Secretary of State that a school bus driver has failed to perform the pre-trip and/or post-trip inspection process;
j) notify the Secretary of State as soon as possible, but not later than within one business day, whenever a school bus is involved in an accident and the driver is required to submit to the post-accident testing requirements set forth in 49 CFR 382.303;
k) maintain records of certifications for a period of 2 years; these records shall be available for inspection by the Secretary of State.
**History**
- *Source: Amended at 39 Ill. Reg. 5101, effective March 23, 2015*
##### **92 Ill. Adm. Code 1035.46** Military Deferrals {#sec-1035.46 omnilex-key=us-il-regs-official--title-92--1035.46}
a) Any school bus permit holder who is a service member called to active duty and who wishes to defer the expiration of his or her school bus permit must provide his or her employer with a copy of his or her military order.
b) Within 30 days after receipt of the military order, the employer shall notify the Secretary that the school bus permit holder has been called to active duty by submitting the school bus driver active duty form to the Secretary. If the service member's active duty is extended, and the employer is so notified by the school bus permit holder, the employer shall notify the Secretary of the extension by submitting a second school bus driver active duty form.
c) Upon receipt of the school driver bus driver active duty form, the Secretary shall place the school bus permit in inactive status.
d) Upon return from active duty, the employer shall notify the Secretary of the school bus permit holder's return by submitting a school bus driver return from active duty form.
e) Within 90 days after return from activity military duty, the school bus driver permit holder shall renew the school bus permit by obtaining a physical examination, as set forth in Section 1035.20, and completing a refresher course, as required by Section 1035.30.
**History**
- *Source: Added at 34 Ill. Reg. 7750, effective May 20, 2010*
##### **92 Ill. Adm. Code 1035.50** Hearings {#sec-1035.50 omnilex-key=us-il-regs-official--title-92--1035.50}
a) The Secretary of State shall conduct a hearing pursuant to IVC Section 2-118 upon the request of an applicant or holder whose school bus driver permit has been denied, canceled or suspended.
b) The petition requesting a hearing shall be in writing and shall contain the reason the individual believes he or she is entitled to a school bus driver permit.
c) The scope of the hearing shall be limited to the issuance criteria contained in IVC Section 6-106.1(a) and IVC Section 6-106.1c.
**History**
- *Source: Amended at 36 Ill. Reg. 2384, effective January 30, 2012*
##### **92 Ill. Adm. Code 1035.APPENDIX** A School Bus Driver Permit Medical Examiner's Certificate {#sec-1035.appendix omnilex-key=us-il-regs-official--title-92--1035.APPENDIX}
Part A
Medical Examiner's Preliminary Certification
NOTE: The medical examiner shall provide one completed and signed certificate to the applicant. A copy of the completed and signed certificate is to be forwarded by the medical examiner to the employing agency or organization of the applicant. One copy is to be retained by the medical examiner.
I certify that I have completed Part A of the school bus examination of
on
in accordance with
the provisions of 92 Ill. Adm. Code 1035.20 and, based upon that examination, find he/she is:
Qualified under the regulations
Qualified only when wearing corrective lenses
Qualified only when wearing a hearing aid
Not qualified under the regulations
Name of Medical Examiner
Professional License Number
of Medical Examiner
NOTE: COMPLETION OF PART A ONLY DOES NOT QUALIFY THE APPLICANT. TEST RESULTS MUST BE CERTIFIED IN PART B BEFORE THE APPLICANT CAN BE CONSIDERED QUALIFIED.
Part B
Final Medical Examiner's Certification
Date of TB Results:
Date of Drug Test Results:
I certify that I have completed my examination, including my readings
of the drug and TB test results, for
on
in accordance with the provisions of 92 Ill. Adm.
Code 1035.20. Based upon the results of drug and TB testing required by 92 Ill. Adm. Code 1035.20(j)(11) and (j)(13) and having no positive test results for infectious disease, or having determined that he/she is not contagious when performing the normal duties of a school bus driver, I find that he/she is:
Qualified under the regulations
Not qualified due to positive drug test
Not qualified due to positive tuberculosis test
Name of Medical Examiner
Professional License Number
of Medical Examiner
Phone Number of
Medical Examiner
Signature of Medical Examiner
Fax Number of
Medical Examiner
Date of Certification
(Date the medical examiner
has received all test results)
**History**
- *Source: Added at 40 Ill. Reg. 9646, effective July 1, 2016*
##### **92 Ill. Adm. Code 1040.1** Definitions {#sec-1040.1 omnilex-key=us-il-regs-official--title-92--1040.1}
Unless otherwise noted, the following definitions shall apply to this Part.
"Alcohol Related Suspension" – a suspension in accordance with IVC Sections 6‑206(a)(6), (a)(17), (a)(23) and (a)(33), 11-501.1, 11-501.6 (only when the driver has a positive test for alcohol or drugs) and 11-501.8.
"Amnesty" – a sovereign act of forgiveness for past acts granted by a government to all persons (or to certain persons) generally conditioned upon their return to obedience and duty within a prescribed time as recognized by the Immigration Reform and Control Act of 1986 (P.L. 99-603).
"Applicant" − a person applying for an Illinois driver's license or permit.
"Authority" – Illinois State Toll Highway Authority.
"Authorized Holder" – an individual issued a disability license plate pursuant to IVC Section 3-616, an individual issued a parking decal or device pursuant to IVC Section 11-1301.2 or an individual issued a disabled veteran's license plate pursuant to IVC Section 3-609 or 3-609.01.
"Authorized Personnel" – the Director, a manager or administrator of the Driver Services Department or an instructor, Secretary of State Police or Inspector General.
"Automated Traffic Law Violation Suspension" – a suspension in accordance with IVC Section 6-306.5 for failure to satisfy fines or penalties for five or more automated traffic law violations.
"BAIID" – Breath Alcohol Ignition Interlock Device.
"Bribe" – any item or thing of value, payment, or other personal advantage that an employee of the Office of the Secretary of State, the owner or employee of any commercial driver training school licensed by the Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer any part of a driver's license examination is not authorized by law or administrative rule to accept, knowing or reasonably believing that the item, thing of value, payment or advantage was promised or tendered with the intent to influence or change the performance of any act or duty related to the issuance of a driver's license.
"Bribery" – the solicitation or accepting of any bribe or improper offering.
"Cancellation" – the annulment or termination by formal action of the Secretary of a person's driver's license or permit because of some error or defect in the license or because the licensee is no longer entitled to the license or permit.
"Chapter 13 Wage Earner Plan" – an order by a United States Bankruptcy Court requiring a monthly payment from the wages of a debtor.
"Clearance Letter" – any document received from another state dated within 30 days prior to the current process date verifying that an individual has had driving privileges restored in that state.
"Cleared Suspension or Revocation" – a suspension or revocation of driving privileges that has terminated.
"Commercial Driver's License" or "CDL" − a license issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 CFR 383 (October 1, 2014), that authorizes the individual to operate a class of commercial motor vehicle as defined in IVC Section 1-111.6.
"Commercial Driver License Information System" or "CDLIS" − the information system established, pursuant to the Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (49 U.S.C. 2701 et seq.), to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers [625 ILCS 5/1-111.7].
"Commercial Learner's Permit" or "CLP" – a permit issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 CFR 383 (October 1, 2014), which, when carried with a valid driver's license issued by the same state or jurisdiction of domicile, authorizes the individual to operate a class of commercial motor vehicle when accompanied by a holder of a valid CDL for purposes of behind-the-wheel training. When issued to a CDL holder, a CLP serves as authorization for accompanied behind-the-wheel training in a commercial motor vehicle for which the holder's current CDL is not valid.
"Commercial Motor Vehicle" or "CMV" – a motor vehicle or combination of motor vehicles used in commerce designed to transport passengers or property if the motor vehicle:
has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of any towed unit with a gross vehicle weight rating or a gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or
has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds) or more, whichever is greater; or
is designed to transport 16 or more passengers, including the driver; or
is of any size and is used in transporting hazardous materials as defined in 49 CFR 383.5 (October 1, 2014).
Commercial Motor Vehicle does not include:
recreational vehicles, when operated primarily for personal use;
vehicles owned by or operated under the direction of the United States Department of Defense or the United States Coast Guard, only when operated by non-civilian personnel. This includes any operator on active military duty; members of the Reserves; National Guard; personnel on part-time training; and National Guard military technicians (civilians who are required to wear military uniforms and are subject to the Code of Military Justice); or
firefighting, police, and other emergency equipment (including, without limitation, equipment owned or operated by a HazMat or technical rescue team authorized by a county board under Section 5-1127 of the Counties Code [55 ILCS 5]), with audible and visual signals, owned or operated by or for a governmental entity, which is necessary to the preservation of life or property or the execution of emergency governmental functions which are normally not subject to general traffic rules and regulations. [625 ILCS 5/6-500(6)]
"Commercial Vehicle" – any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, For-Hire or Not-For-Hire, but not including a commuter van, a vehicle used in a ridesharing arrangement when being used for that purpose, or a recreational vehicle not being used commercially [625 ILCS 5/1-111.8].
"Conviction" – a final adjudication of guilty by a court of competent jurisdiction either after a bench trial, trial by jury, plea of guilty, order of forfeiture, or default [625 ILCS 5/6-100(b)].
"Conviction-CLP Holder" or "Conviction-CDL Holder" – an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal; an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court; a plea of guilty or nolo contendere accepted by the court; the payment of a fine or court cost regardless of whether the imposition of sentence is deferred and ultimately a judgment dismissing the underlying charge is entered; or a violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated. [625 ILCS 5/6-500(8)]
"Creditor" – a person to whom a debt is owed by another.
"Curfew" – the hours by which any person under 17 years of age may not lawfully be present at or upon any public assembly, building, place, street or highway as provided in Section 1 of the Child Curfew Act [720 ILCS 555/1].
"Curfew Violation Suspension" – a suspension when a minor operates a vehicle on a highway during the prescribed hours without an adult or as otherwise provided for in Section 1 of the Child Curfew Act in accordance with IVC Section 6-206(a)(13).
"Debtor" – a person who owes a debt.
"Deletion" – the permanent removal of an entry from a driving record.
"Denial of Driver's License" – to prohibit or disallow the privilege to obtain a driver's license while allowing the privilege to obtain an instruction permit and limiting privileges to that of an instruction permit, if a driver's license has previously been issued in accordance with IVC Sections 6-107(c) and 6-107(d).
"Denial of Driving Privilege" – to prohibit or disallow the privilege to obtain a driver's license or permit and/or the privilege to operate a motor vehicle in accordance with IVC Sections 6-107(c) and 6-108.1.
"Department" – the Department of Driver Services within the Office of the Secretary of State.
"Department of Administrative Hearings" – Department of Administrative Hearings within the Office of the Secretary of State.
"Department of Vehicle Services" – Department of Vehicle Services within the Office of the Secretary of State.
"Disability License Plate or Parking Decal or Device-Making Implement" – any implement specially designed or primarily used in the manufacture, assembly or authentication of a disability license plate or parking decal or device, or a license plate issued to a disabled veteran under IVC Section 3-609 or 3-609.01 issued by the Secretary of State or a unit of local government [625 ILCS 5/11-1301.6(a)].
"Disqualification" – the suspension, revocation, or cancellation of a CLP or CDL by the state or jurisdiction of issuance; any withdrawal of a person's privileges to drive a commercial motor vehicle by a state or other jurisdiction as a result of a violation of state or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations); a determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial vehicle under 49 CFR 391 [625 ILCS 5/1-115.3].
"Disqualified" − the denial of the issuance of a license or permit or the invalidation of any license or permit.
"Driving Abstract" − a record kept by the Department of Driver Services containing all information required by IVC Section 6-106(b) and all records of violations of traffic laws and administrative actions pertaining to driving privileges.
"Driver's License or Permit" – a document that permits a person to legally operate a motor vehicle, including a restricted driving permit, instruction permit, traffic ticket issued when the person's driver's license is deposited in lieu of bail, suspension notice in which the suspension is not yet effective, duplicate or corrected driver's license, temporary instruction permit, temporary driver's license, temporary visitor instruction permit, temporary visitor driver's license, or probationary driver's license.
"Driver History Record" – a standardized form of limited information obtained from the SOR when an SOI makes a history request.
"Driver Remedial Education Course" – an organized remedial activity approved by the Driver Services Department for improving the driving habits of certain suspended drivers. The course shall consist of individual counseling and/or group sessions of instruction and shall not exceed two sessions or a total of nine hours of instruction.
"Driver Status" – the current status of a driver's license in the SOR, indicating whether the license is currently valid, revoked, suspended or withdrawn, that is supplied via computer automation when an SOI makes a request to an SOR.
"Electronic Payment" – payment made by any person or corporation to the Office of the Secretary of State by credit card or electronic transfer of funds.
"Facility Administered Test" – an actual demonstration of the driver's license applicant's ability to successfully pass a vision, written and/or drive test administered by a Driver Services Facility employee or individual or entity approved by the Department to administer such tests.
"Failure to Appear Suspension" – a suspension that was entered prior to January 1, 2020 for failing to pay a fine or appear in court following the issuance of a traffic ticket as defined in IVC Section 6‑306.3.
"False Information" – any information concerning an individual's legal name, address, sex, date of birth, social security number or any photograph that:
falsifies all or in part the actual identity of the individual issued the license, permit or identification card;
in the case of information concerning an address, is information concerning a non-existent address that is used to obtain a license, permit or identification card; or
is any combination of a false identity and a non-existent address. [625 ILCS 5/6-301.1(a)(2) and 15 ILCS 335/14A(a)(2)]
"False Information – Disability Plate or Parking Placard Decal or Device" – any incorrect or inaccurate information concerning the name, date of birth, social security number, driver's license number, physician certification, or any other information required on the Persons with Disabilities Certification for Plate or Parking Placard, on the Application for Replacement Disability Parking Placard, or on the application for license plates issued to disabled veterans pursuant to IVC Section 3-609 or 3-609.01 that falsifies the content of the application.
"Family Financial Responsibility Suspension" – a suspension in accordance with IVC Section 7-702.
"Farm Tractor" – every motor vehicle designed and used primarily as a farm implement for drawing wagons, plows, mowing machines and other implements of husbandry, and every implement of husbandry that is self-propelled, excluding all-terrain vehicles and off-highway motorcycles [625 ILCS 5/1-120].
"Fictitious Driver's License or Permit" – any issued license or permit for which a computerized number and file have been created by the Secretary of State or other official driver's license agency in another jurisdiction that contains false information concerning the identity of the individual issued the license or permit [625 ILCS 5/6-301.1(a)(1)].
"Fictitious Disability License Plate or Parking Decal or Device" – any issued disability license plate or parking decal or device, or any license plate issued to a disabled veteran under IVC Section 3-609 or 3-609.01, that has been issued by the Secretary of State or an authorized unit of local government that was issued based upon false information contained on the required application [625 ILCS 5/11-1301.5(a)].
"Fictitious Identification Card" – any issued identification card for which a computerized number and file have been created by the Secretary of State, the United States Government, or any other state or political subdivision thereof, or any governmental or quasi-governmental organization that contains false information concerning the identity of the individual issued the identification card [15 ILCS 335/14A(a)(1)].
"Financial Responsibility Suspension" – a suspension in accordance with IVC Section 7-304 and/or 7-305.
"Fraudulent Disability License Plate or Parking Decal or Device" – any disability license plate or parking decal or device that purports to be an official disability license plate or parking decal or device and that has not been issued by the Secretary of State or an authorized unit of local government [625 ILCS 5/11‑1301.6(a)].
"Fraudulent Documents" or "Falsified Documents" − any documents submitted by or on behalf of a petitioner to the Secretary that purport or are represented to be prepared or composed by another person, agency or entity that did not actually prepare or compose the documents, or documents that were prepared for a person acting as the petitioner.
"Fraudulent Driver's License or Permit" – any license or permit that purports to be an official driver's license or permit for which a computerized number and file have not been created by the Secretary of State or other official driver's license agency in another jurisdiction [625 ILCS 5/1-123.4].
"Fraudulent Identification Card" – any identification card that purports to be an official identification card for which a computerized number and file have not been created by the Secretary of State, the United States Government or any state or political subdivision thereof, or any governmental or quasi-governmental organization. For the purpose of this definition, any identification card that resembles an official identification card in size, color, photograph location, or design, or uses the word "official", "State", "Illinois", or the name of any other state or political subdivision thereof, or any governmental or quasi-governmental organization individually or in any combination thereof to describe or modify the term "identification card" or "I.D. card" anywhere on the card, or uses a shape in the likeness of Illinois or any other state on the photograph side of the card, is deemed to be a fraudulent identification card. [15 ILCS 335/1A]
"Hearing Officer" – any person designated by the Secretary of State to preside at any hearing conducted pursuant to the rules established by the Office of the Secretary of State (92 Ill. Adm. Code 1001).
"Hospital" − an institution that provides medical or surgical care and treatment for the sick and injured.
"Identification Card" – any document made or issued by or under the authority of the United States Government, the State of Illinois, or any other state or political subdivision thereof, or any other governmental or quasi-governmental organization that, when completed with information concerning the individual, is of a type intended or commonly accepted for the purpose of identification of an individual [15 ILCS 335/14A(a)(5)].
"Illinois Person with a Disability Identification Card" – a standard identification card as defined in Section 4A of the Illinois Identification Card Act [15 ILCS 335/4A] issued for no fee to persons who meet the definition of disabled as defined in IVC Section 1‑159.1 or who have a disability so severe that it precludes the person from obtaining an Illinois driver's license (see Section 4A(b)).
"Illinois Vehicle Code" or "Code" or "IVC" − the Illinois Vehicle Code [625 ILCS 5].
"Implement of Husbandry" – every vehicle designed and adapted exclusively for agricultural, horticultural, or livestock raising operations, including farm wagons, wagon trailers or like vehicles used in connection therewith, or for lifting or carrying an implement of husbandry, provided that no farm wagon, wagon trailer or like vehicle having a gross weight of more than 36,000 pounds shall be included under this definition [625 ILCS 5/1-130].
"Instruction Permit" – a driving permit issued to operate a motor vehicle pursuant to the requirements of IVC Section 6-105 or 6-107.1.
"Invalidate" – to render invalid any driver's license, permit or driving privileges.
"Law Enforcement Officials" − police agencies, state's attorneys' offices or court officials.
"Law Enforcement Sworn Report" – a confirmation of correctness and truth by an affidavit, oath or deposition, or a verification by certification, executed by a police officer in accordance with Section 1-109 of the Code of Civil Procedure [735 ILCS 5/1-109] and pursuant to IVC Section 11-501.1(d).
"License Classification" – a notation on a driver's license or permit indicating the type of vehicle a person is qualified to operate.
"Like Period of Time" – an equal amount of time as the original suspension specified.
"Mandatory Conviction Suspension" – a suspension in accordance with IVC Section 3-707.
"Materially Altered Documents" − any documents submitted by or on behalf of a petitioner to the Secretary that have been physically altered or changed by someone other than the author of the documents.
"Miscellaneous Suspension" – a suspension for safety responsibility, financial responsibility, warrant parking/traffic, auto emissions, failure to appear, curfew, mandatory conviction, tollway, family financial responsibility, automated traffic law violation, nighttime driving restriction, or unsatisfied judgment.
"Motor Carrier" − any person engaged in the transport of property or passengers, or both, for hire, over the public roads of this State, by motor vehicle [625 ILCS 5/18C-1104(19)].
"National Driver Register" or "NDR" – a computerized database of files on drivers maintained by the U.S. Department of Transportation, National Highway Traffic Safety Administration.
"Nighttime Driving Restriction" – the hours during which a driver's privileges are not valid pursuant to IVC Sections 6-107.1(b), 6-110(a-1) or 6-110(a-3).
"Nighttime Driving Restriction Suspension" − a suspension when a minor operates a vehicle on a highway during the prescribed hours without an adult or as otherwise provided for in accordance with IVC Sections 6-107.1(b) and 6‑110(a‑1).
"Notice of Automatic Stay" – any notice received by the Department that indicates a debtor has filed a petition in bankruptcy, which automatically stays any proceedings against him or her pursuant to Section 362 of the Bankruptcy Reform Act of 1978 (11 U.S.C. 362).
"Notice of Meeting of Creditors" – a notice from the United States Bankruptcy Court informing the entities that have a claim against the debtor that the debtor has filed bankruptcy.
"Occupational Driving Permit" – the document that grants and specifies limited privileges to drivers of commercial vehicles as an occupation who have had their full driving privileges suspended. The occupational driving permit is valid only when in the immediate possession of the driver to whom it is issued.
"Office" − the Office of the Secretary of State.
"Open Cancellation or Disqualification" – a cancellation or disqualification that appears on the driving record and is in effect.
"Open Suspension or Revocation" – a suspension or revocation that appears on the driving record and is in effect.
"Parking Suspension" – a suspension imposed for failure to pay fines or penalties for standing or parking violations pursuant to IVC Section 6-306.5.
"Pending Cancellation or Disqualification" – a cancellation or disqualification that appears on the driving record and is not yet in effect.
"Pending Suspension or Revocation" – a suspension or revocation that appears on the driving record and is not yet in effect.
"Petition for Discharge Filed in Bankruptcy" – an order by a United States Bankruptcy Court relieving an individual from all of his/her debts that are provable in bankruptcy, except those excluded by the federal Bankruptcy Code.
"Petition in Bankruptcy" – a petition filed in Bankruptcy Court, or with the Clerk, by a debtor seeking the protection of the federal Bankruptcy Code.
"Petitioner" − any person or party who is the subject of an administrative hearing before the Secretary under the provisions of the Illinois Vehicle Code (see 92 Ill. Adm. Code 1001).
"Prior Suspension or Revocation" – a suspension or revocation or extension of a suspension or revocation that appears on the driving record.
"Probationary License" – a conditional license granting full driving privileges during a period of suspension [625 ILCS 5/1-164.1].
"Problem Driver Pointer System" or "PDPS" – a pointer file consisting of an index of problem drivers (as determined by adverse driver's license actions) that is maintained by a driver's home state (SOR) and is accessed by other states (SOI) to determine a person's eligibility to apply for a driver's license.
"Reckless Driving" – driving a motor vehicle with a willful or wanton disregard for the safety of persons or property or knowingly driving a vehicle using an incline in a roadway, such as a railroad crossing, bridge approach or hill to cause the vehicle to become airborne [625 ILCS 5/11-503].
"Record of Judgment" – an adjudication by the court that the defendant is guilty, including the sentence pronounced by the court.
"Reinstatement Fee" – the fee required by IVC Section 6-118(b) to restore a person's driving privileges after driving privileges have been suspended or revoked.
"Request" – the written application upon the designated form, an approved electronic format, or an acceptable alternative for obtaining a driving abstract and supervision history record.
"Rescind" – to annul or void a suspension, revocation, cancellation, disqualification or denial.
"Restricted Driving Permit" or "RDP" – a document that grants and specifies limited privileges to drivers of motor vehicles who have had their full driving privileges suspended, revoked or cancelled [625 ILCS 5/1-173.1].
"Restriction" – the notation on a driver's license or permit indicating requirements deemed applicable to the licensee by the Secretary of State to assure safe operation of a motor vehicle.
"Returned Check" – a check delivered to the Office of the Secretary of State as payment of any fee when the check is not honored due to non-sufficient funds.
"Revocation" – the termination by formal action of the Secretary of a person's license or privilege to operate a motor vehicle on the public highways, which termination shall not be subject to renewal or restoration, except that an application for a new license may be presented and acted upon by the Secretary after the expiration of at least one year after the date of revocation [625 ILCS 5/1-176].
"Safety Responsibility Suspension" – a suspension in accordance with IVC Section 7-205 or 7-208.
"Schedule A-3" – a schedule of liabilities.
"Secretary of State" – the Secretary of State of Illinois [625 ILCS 5/1-184].
"State of Inquiry" or "SOI" – a licensing jurisdiction that originated the inquiry for a driver history record or driver status.
"State of Record" or "SOR" – a licensing jurisdiction that originally took action against a problem driver and reported that driver to the NDR.
"Statutory Summary Revocation" – the revocation by the Secretary of State of a person's license or privilege to operate a motor vehicle on the public highways for the period provided in IVC Section 6-208.1. Reinstatement after the revocation period shall occur after the person has been approved for reinstatement through an administrative hearing with the Secretary of State, has filed proof of financial responsibility, has paid the reinstatement fee as provided in IVC Section 6-118, and has successfully completed all necessary examinations. The basis for this revocation of driving privileges shall be the individual's refusal to submit to or failure to complete a chemical test or tests following an arrest for the offense of driving under the influence of alcohol, other drugs, or intoxicating compounds, or any combination thereof, involving a motor vehicle accident. [625 ILCS 5/1‑197.6]
"Statutory Summary Suspension" – a withdrawal of a person's license or privilege to operate a motor vehicle on the public highways due to refusal to submit to or failure to complete or pass a chemical test or tests following an arrest for driving under the influence of alcohol, other drugs, or intoxicating compounds, or any combination thereof, for the periods provided in IVC Section 6-208.1.
"Stricken on Leave" or "SOL" – stricken from court docket with permission for charges to be reinstated at a later date.
"Supervision" – a disposition of conditional and revocable release without probationary supervision, but under such conditions and reporting requirements as are imposed by the court, at the successful conclusion of which disposition the defendant is discharged and a judgment dismissing the charges is entered [730 ILCS 5/5-1-21].
"Supervision History Record" − a record kept by the Department of Driver Services on each driver containing supervision disposition information provided in accordance with IVC Section 6-204(d).
"Suspension" – the temporary withdrawal by formal action of the Secretary of a person's license or privilege to operate a motor vehicle on the public highways, for a period specifically designated by the Secretary [625 ILCS 5/1-204].
"Suspension or Revocation in Effect" – a suspension or revocation that appears on the driving record and has not terminated.
"Terminated Suspension or Revocation" – a suspension or revocation that appears on the driving record and is no longer in effect.
"Type A Injury" – an injury that requires immediate professional attention in either a doctor's office or a medical facility and includes severely bleeding wounds, distorted extremities and injuries that require the injured party to be carried from the scene.
"Trustee Report of No Assets" – a report from the trustee of the United States Bankruptcy Court indicating the debtor has no assets.
"Unlawfully Altered Disability License Plate or Parking Permit or Device" – any disability license plate or parking permit or device, or any license plate issued to a disabled veteran under IVC Section 3-609 or 3-609.01, issued by the Secretary of State or an authorized unit of local government that has been physically altered or changed in such manner that false information appears on the license plate or parking decal or device [625 ILCS 5/11-1301.5(a)].
"Unlawfully Altered Driver's License or Permit" – any issued license or permit for which a computerized number and file have been created by the Secretary of State or other official driver's license agency in another jurisdiction that has been physically altered or changed in such a manner that false information appears upon the license or permit [625 ILCS 5/6-301.1(a)(3)].
"Unlawfully Altered Identification Card" – any issued identification card for which a computerized number and file have been created by the Secretary of State, the United States Government, any other state or political subdivision thereof, or any governmental or quasi-governmental organization that has been physically altered or changed in such a manner that false information appears upon the identification card [15 ILCS 335/14A(a)(3)].
"Unsatisfied Judgment Suspension" – a suspension in accordance with IVC Section 7-303 or 7-313.
"Vacate" – to set aside, annul, rescind, render void, or cancel an order.
"Valid Driver's License or Permit" – a license or permit issued by the Secretary of State that is of the proper classification for the purposes for which it is being used and that has not been invalidated, denied, cancelled, revoked, suspended, disqualified or used after curfew or during a nighttime driving restriction.
"Warrant Parking/Traffic Suspension" – a suspension for arrest warrants issued for failure to pay fines for traffic or parking violations in accordance with Section 6-306.6 of the Illinois Vehicle Code or for failure to pay a fine or penalty for 10 or more standing, parking or compliance regulations in accordance with IVC Section 6-306.5.
"Withdrawal" – the negating of valid driving privileges by a state as the result of sanctions taken against driving privileges.
**History**
- *Source: Amended at 50 Ill. Reg. 4405, effective March 4, 2026*
## **Chapter II** Secretary of State
### **Part 1040** Cancellation, Revocation or Suspension of Licenses or Permits
##### **92 Ill. Adm. Code 1040.10** Court to Forward Licenses and Reports of Convictions {#sec-1040.10 omnilex-key=us-il-regs-official--title-92--1040.10}
a) The Secretary of State, in order to fully utilize conviction reports filed with the Office by the courts of this State and other states, shall promulgate a point system as a standard in determining whether to suspend or revoke driving privileges and to determine the period of suspension or revocation. The point system may take into consideration:
1) the severity of the offense and conviction;
2) the total number of offenses and convictions of a driver;
3) the penalty imposed by the court;
4) the recommendations, if any, of the court; and
5) prior suspensions or revocations.
b) The Point System shall act as a standard for the Secretary of State in determining the fitness or unfitness of any person to safely operate any motor vehicle in a manner conducive to the public safety and welfare, and in determining whether the person has due respect for traffic laws and the safety of other persons upon the highway.
c) The Point System is outlined in Section 1040.20 and shall be subject to the Driver License Compact.
**History**
- *Source: Amended at 33 Ill. Reg. 2603, effective January 22, 2009*
##### **92 Ill. Adm. Code 1040.20** Illinois Offense Table {#sec-1040.20 omnilex-key=us-il-regs-official--title-92--1040.20}
a) The conviction report furnished to the Driver Services Department by the court when a person was convicted of a traffic violation will be entered upon the driving record by classification (Type Action) and used as a source of information. Except when superseded by subsequent statutory amendment, this Section must be followed and the number of points assigned to a person's driving record will be determined by using the point table set out in subsections (c) and (d).
1) Classification for convictions of traffic offenses:
Type Action 68: Record history item only
Type Action 82: Conviction
Type Action 83: Immediate action (no points assigned)
Type Action 85: Out-of-State Conviction (no points assigned)
Type Action 87: Out-of-State Conviction (points assigned)
Type Action 89: Out-of-State Withdrawal (no points assigned)
Type Action 91: Conviction (Juvenile driver under age 15)
Type Action 93: Immediate action bond forfeiture or violation of pre-trial release conviction (no points assigned)
Type Action 94: Immediate action conviction (no points assigned)
Type Action 95: Bond forfeiture or violation of pre-trial release conviction (no points assigned)
Type Action 96: Conviction (no points assigned)
Type Action 97: Bond forfeiture or violation of pre-trial release conviction (points assigned − moving violation)
Type Action 99: Conviction (points assigned − moving violation)
2) Description of Offense: The code used to describe the offense is composed of the IVC Chapter and/or Section number, the Municipal Code of the City of Chicago (Municipal Code of Chicago, Title 9), the Criminal Code of 2012 [720 ILCS 5], the Cannabis Control Act [720 ILCS 550], the Cannabis Regulation and Tax Act [410 ILCS 705], the Illinois Controlled Substances Act [720 ILCS 570], the Liquor Control Act of 1934 [235 ILCS 5/Art. VI], or the Illinois Identification Card Act [15 ILCS 335]. Preceding the Section number for these codes, except for those listed in subsection (a)(1), will be a single-digit code to identify the specific law that will be as follows:
0
–
The Criminal Code of 2012, Cannabis Control Act, Illinois Controlled Substances Act, the Liquor Control Act of 1934, the Cannabis Regulation and Tax Act, or the Illinois Identification Card Act
1
–
Illinois Vehicle Code
2
–
Local ordinance (all municipal ordinance convictions), or violations occurring on military installations, to be considered, are to be coded exactly as Illinois Vehicle Code Violations except for the first digit which will be a "2"
4
–
Motor Vehicle Theft Law of the Illinois Vehicle Title and Registration Law of the IVC [625 ILCS 5/Ch. 4, Art. I]
6
–
The Illinois Driver Licensing Law
7
–
Municipal Code of Chicago
8
–
Foreign state and other (all out-of-state convictions to be considered are to be coded exactly as Illinois Vehicle Code violations except for the first digit, which will be an "8")
NOTE: The position for the single-digit codes 1, 2, 6, or 8 will be symbolized by a # throughout the point table set out in this Part.
3) Any one of the last positions of the offense code may be used to indicate the paragraph of the Section violated or refer to the number of miles per hour (in code form) the driver was operating above the posted speed limit (refer to Electronic Data Processing Machine (EDPM) Offense Codes set out in this Part).
4) The Secretary of State's Traffic Violation Advisory Committee relied upon the following criteria in determining whether specific convictions for traffic violations should be used in determining driver license suspension or revocation under the authority of IVC Section 6-206(a)(2), as well as the number of points that should be assigned to those convictions, which in turn determines the length and type of such action.
A) A thorough review of literature relating to the general concept of point systems utilized by other states.
B) A specific review of point systems and ranges of point assignments utilized by other states.
C) An exhaustive and detailed review of the current Illinois point system.
D) Based on the above, the relative criticality of the violations was determined and the specific number of points to be assigned was proposed, discussed, and agreed upon by the consensus of the group.
b) The following violations of the Illinois Vehicle Code, the Criminal Code of 2012, the Liquor Control Act of 1934, the Cannabis Control Act, the Illinois Controlled Substances Act, the Cannabis Regulation and Tax Act, and the Illinois Identification Card Act will not be assigned points but will be entered on the record as Type Action -93- bond forfeiture or violation of pre-trial release conviction immediate action or Type Action -94- conviction immediate action.
IVC
VIOLATION
CODE
EDPM
OFFENSE
CODE
ABSTRACT
DESCRIPTION
CODE
DESCRIPTION OF OFFENSE
************
*********
*************
**************************
3-413(j)
413010
3 413 J
Violation of modification of rear registration plate
3-707(c-1)
707301
3 707 C1
Convicted of driving without liability insurance
4-102
102000
4 102 00
Motor Vehicle Anti-Theft Law, misdemeanor [625 ILCS 5/4-102], if the person exercised actual physical control over the vehicle during the commission of the offense
4-103
103000
4 103 00
Motor Vehicle Anti-Theft Law, felony [625 ILCS 5/4-103], if the person exercised actual physical control over the vehicle during the commission of the offense
4-103.1
103100
4 103 01
Motor Vehicle Anti-Theft Law, conspiracy [625 ILCS 5/4-103.1]
4-103.2
103200
4 103 02
Aggravated felonies related to Motor Vehicle Anti-Theft Law [625 ILCS 5/4-103.2]
6-101
101000
# 101 00
Operating a motor vehicle without a valid license or permit (a serious traffic violation if committed in a commercial motor vehicle)
6-104(a)
104001
# 104 01
Violation of license classification for first and second division vehicles (a serious traffic violation if committed in a commercial motor vehicle)
6-104(b)
104002
# 104 02
Violation of classification for driver under age 21 transporting persons for hire (a serious traffic violation if committed in a commercial motor vehicle)
6-104(c)
104003
# 104 03
Violation of classification for driver under age 18 transporting property for hire (a serious traffic violation if committed in a commercial motor vehicle)
6-104(d)
104004
# 104 04
Violation of school bus driver permits (a serious traffic violation if committed in a commercial motor vehicle)
6-104(d-5)
104405
# 104 405
Transporting students grade 12 and below in a bus not meeting special requirements set forth in 12-801, 12-802, 12-803, and 12-805 of the IVC for school functions without a properly classified CDL (effective 6-1-04)
6-104(e)
104005
# 104 05
Violation of religious bus driver endorsement (a serious traffic violation if committed in a commercial motor vehicle)
6-104(f)
104006
# 104 06
Violation of classification for transportation of the elderly (a serious traffic violation if committed in a commercial motor vehicle)
6-105
105000
6 105 00
Violation of instruction permit (permit issued to driver 18 or older) (a serious traffic violation if committed in a commercial motor vehicle)
6-107.1(a)
107110
6 107.1A
Violation of instruction permit (permit issued to driver under 18)
6-107.1(b)
107120
6 107.1B
Violation of curfew law (offenses prior to 1-1-08)
6-107.1(b)
107102
6 107.1B
Violation of nighttime driving restrictions – under the age of 18 (effective 1-1-08)
6-110(a)
110000
6 110 00
Violation of curfew law - under the age of 17 (Child Curfew Act [720 ILCS 555/1 and 2])
6-110(a-1)
110101
6 110 A-1
Violation of nighttime driving restrictions (effective 1-1-08)
6-113(e)
113501
# 113 E1
Violation of driver's license restriction
6-113(e)
113502
# 113 E2
Violation of restriction on special restricted license or permit
6-205(a)(3)
205103
# 205 A3
Any felony under the laws of any state or federal government in the commission of which a vehicle was used
6-205(a)(5)
205105
6 205 A5
Conviction of perjury or making of false affidavit or statement under oath to the Secretary of State under the Driver License Act or any other law relating to the ownership or the operation of a motor vehicle
6-205(b)(1)
205201
6 205 B1
Notice provided for in Section 5-901 of the Juvenile Court Act of 1987 [705 ILCS 405] that minor has been adjudicated under that Act as having committed an offense relating to motor vehicles described in Section 4-103
6-205(b)(2)
205202
6 205 B2
When any other law of this State requires either the revocation or suspension of such license or permit
6-206.2(a)
206201
6 206.2 A
Operating a vehicle without interlock device when one is required
6-206.2(a-5)
206215
6 206.2 A-5
Allowing an unauthorized person to blow into an interlock device
6-206.2(c)
206203
# 206 02c
Tamper with or circumvent a BAIID
6-210(1)
210001
# 210 01
Driving during the period of suspension/revocation
6-210(2)
210002
# 210 02
Driving during the period of suspension/revocation
6-301(1)
301001
# 301 01
To display or cause to be displayed or have in his possession any cancelled, revoked, or suspended license or permit
6-301(2)
301002
# 301 02
To lend his license or permit to any other person or knowingly allow the use thereof by another
6-301(3)
301003
# 301 03
To display or represent as his own any license or permit issued to another
6-301(4)
301004
# 301 04
To fail or refuse to surrender to the Secretary of State or his agent or any peace officer, upon his lawful demand, any license or permit that has been suspended, revoked, or cancelled
6-301(5)
301005
# 301 05
To allow any unlawful use of a license or permit issued to him
6-301(6)
301006
# 301 06
To submit to an examination or to obtain the services of another person to submit to an examination for the purpose of obtaining a driver's license or permit for some other person
6-301.1(b)(1)
301121
# 301121
Possess fictitious or unlawfully altered driver's license or permit
6-301.1(b)(2)
301122
# 301122
Possess/display unlawfully altered or fictitious driver's license or permit to open any account from a financial institution or retail merchant
6-301.1(b)(3)
301123
# 301123
Possess fictitious or unlawfully altered driver's license or permit with intent to commit theft, deception, or credit or debit card fraud in this or any other jurisdiction
6-301.1(b)(4)
301124
# 301124
Possess fictitious or unlawfully altered driver's license or permit with intent to commit any other violation of any law of this or any jurisdiction wherein results in a sentence of 1 or more years in a penitentiary
6-301.1(b)(5)
301125
# 301125
Possess fictitious or unlawfully altered driver's license or permit while in possession, without authority, any document, instrument, or device capable of defrauding another
6-301.1(b)(6)
301126
# 301126
Possess fictitious or unlawfully altered driver's license or permit to acquire any other identification document
6-301.1(b)(7)
301127
# 301127
Knowingly issue or assist in the issuance of a fictitious driver's license or permit
6-301.1(b)(8)
301128
# 301128
Alter/attempt to alter driver's license or permit
6-301.1(b)(9)
301129
# 301129
Provide identification documents or ID for obtaining fictitious driver's license or permit
6-301.1(b)(10)
301120
# 301120
To knowingly use any fictitious or unlawfully altered driver's license or permit to purchase or attempt to purchase any ticket for, or to board or attempt to board any common carrier
6-301.1(b)(11)
011211
# 3011211
To knowingly possess any fictitious or unlawfully altered driver's license or permit if the person has, at the time, a different driver's license issued by the Illinois Secretary of State or other driver's license agency in another jurisdiction that is suspended or revoked
6-301.2(b)(1)
301221
# 301221
Possess fraudulent driver's license or permit
6-301.2(b)(2)
301222
# 301222
Possess/display fraudulent driver's license or permit for purposes of obtaining an account, credit, or credit/debit card from a bank, financial institution, or retail merchant
6-301.2(b)(3)
301223
# 301223
Possess fraudulent driver's license or permit with intent of theft, deception or credit/debit card fraud
6-301.2(b)(4)
301224
# 301224
Possess fraudulent driver's license or permit with intent to violate any law in this or another State for which a sentence of 1 or more years in a penitentiary is provided
6-301.2(b)(5)
301225
# 301225
Possess fraudulent driver's license or permit while in possession of any other document device, or instrument capable of defrauding another
6-301.2(b)(6)
301226
# 301226
Possess fraudulent driver's license or permit with intent to use it to obtain any other identification document
6-301.2(b)(7)
301227
# 301227
Possess driver's license or permit-making implement
6-301.2(b)(8)
301228
# 301228
Possess stolen driver's license or permit-making implement
6-301.2(b)(9)
301229
# 301229
Duplicate/sell fraudulent driver's license or permit
6-301.2(b)(10)
301220
# 301220
Advertise or promote the distribution of a fraudulent driver's license or permit
6-301.2(b)(11)
012211
# 3012211
To knowingly use a fraudulent driver's license or permit to purchase or attempt to purchase any ticket for a common carrier or to board or attempt to board any common carrier as used in this Section
6-301.2(b)(12)
012212
# 3012212
To knowingly possess any fraudulent driver's license or permit if the person has, at the time, a different driver's license issued by the Secretary of State or another official driver's license agency in another jurisdiction that is suspended or revoked
6-301.2(b-1)
301201
# 3012b-1
Possess, use, or allow to be used any material to obtain encrypted information from the bar code or magnetic strip of an official Illinois Driver's License issued by the Secretary of State
6-302(a)(1)
302101
# 302101
Present false information in an application. For driver's license/permit
6-302(a)(2)
302102
# 302102
Accept false information/ID in an application for driver's license/permit
6-302(a)(3)
302103
# 302103
Make false affidavit, swear or affirm falsely
6-303(a)
303101
# 303 A1
Driving during a suspension
6-303(a)
303102
# 303 A2
Driving during a revocation
6-303(a-3)
303103
#303 A3
Second or subsequent conviction of driving during a revocation or suspension involving personal injury or death
6-303(d)
303400
6 303 D0
Second conviction of driving during revocation for a violation of Sections 11-401 and 11-501 and Section 9-3 of the Criminal Code of 2012 or similar provisions of a local ordinance
6-303(d-2)
303402
6 303 D-2
Third conviction of driving during a revocation or violations of Sections 11-401 and 11-501 and Section 9-3 of the Criminal Code of 2012 or similar provisions of a local ordinance
6-303(d-3)
303403
6 303 D-3
Fourth through ninth conviction of driving during revocation for a violation of Sections 11-401 and 11-501 and Section 9-3 of the Criminal Code of 2012 or similar provisions of a local ordinance
6-303(d-4)
303404
#-303(D4)
Tenth through fourteenth conviction of driving during revocation or suspension for a violation of Section 11-401 or 11-501 or Section 9-3 of the Criminal Code of 2012 or similar provisions of a local ordinance
6-303(d-5)
303405
#-303(D5)
Fifteenth or subsequent conviction of driving during revocation or suspension for a violation of Section 11-401 or 11-501 or Section 9-3 of the Criminal Code of 2012 or a similar provision of a local ordinance
6-507(a)(2)
507102
# 507 A2
Driving a commercial motor vehicle (CMV) without obtaining a commercial driver's license (CDL) or commercial learner's permit (CLP)
6-507(a)(3)
507103
# 507 A3
Driving without the proper class of commercial learner's permit (CLP) or commercial driver's license (CDL) or endorsements
6-507(b)
507200
6 507 B0
Driving a commercial motor vehicle while driving privilege, license or permit is suspended, revoked, cancelled, or while subject to disqualification or while subject to or in violation of an "out-of-service" order (prior to 1-1-96)
6-507(b)(1)
507201
# 507 B1
Driving a commercial motor vehicle while driving privileges, license, or permit is suspended, revoked, cancelled, or disqualified (effective 1-1-96)
6-507(b)(2)
507202
# 507 B2
Driving a commercial motor vehicle while driving privileges, license, or permit is subject to or in violation of an out-of-service order (effective 1-1-96)
6-507(b)(3)
507203
# 507 B3
Driving a commercial motor vehicle while driving privileges, license, or permit is subject to or in violation of an out-of-service order and while transporting passengers or hazardous materials (effective 1-1-96)
6-507(b-3)
507230
# 507 B-3
Driving a commercial motor vehicle on the highways during a period which the commercial motor vehicle or the motor carrier operation is subject to an "out-of-service" order (effective 8-23-07)
6-507(b-5)
507250
# 507 B-5
Driving commercial motor vehicle in violation of out-of-service order (effective 8-23-07)
8-101
008000
8000
Failure to show proof of financial responsibility – persons who operate motor vehicles in transportation of passengers for hire
11-204
020400
# 0204 00
Fleeing or attempting to elude a peace officer
11-204.1
020401
# 0204 01
Aggravated fleeing or eluding a peace officer
11-401
040100
# 0401 00
Leaving scene or failure to report a crash involving death or personal injury
11-402(b)
040202
# 0402 02
Leaving the scene of a crash involving damage to a vehicle in excess of $1000
11-406(a)
040610
# 0406 A0
Failure to make report of vehicle crash
11-406(b)
040620
# 0406 B0
Failure to make report of school bus crash
11-501(a)(1)
050111
# 0501 A1
Driving with a blood alcohol concentration above the legal limit
11-501(a)(2)
050112
# 0501 A2
Driving while under the influence of alcohol
11-501(a)(3)
050113
# 0501 A3
Driving while under the influence of any other drug or combination of drugs (prior to 1-1-99)
11-501(a)(3)
050103
# 0501 A3
Driving while under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of safely driving (effective 1-1-99)
11-501(a)(4)
050114
# 0501 A4
Driving under the combined influence of alcohol and other drug or drugs (prior to 1-1-99)
11-501(a)(4)
050104
# 0501 A4
Driving while under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving (effective 1-1-99)
11-501(a)(5)
050115
# 0501 A5
Driving while there is any amount of a drug, substance or compound in such person's blood or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, or a controlled substance listed in the Illinois Controlled Substances Act (prior to 1-1-99)
11-501(a)(5)
050105
# 0501 A5
Driving while under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving (effective 1-1-99)
11-501(a)(6)
050106
# 0501 A6
Driving while there is any amount of a drug, substance or compound in the person's breath, blood or urine resulting from the unlawful use or consumption of cannabis, a controlled substance, or an intoxicating compound (effective 1-1-99 through 7-28-16)
11-501(a)(6)
050106
# 0501 A6
Driving while there is any amount of a drug, substance, or compound in the person's breath, blood, other bodily substance, or urine resulting from the unlawful use consumption of a controlled substance in the Illinois Controlled Substance Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine Control Community Protection Act (effective 7-29-16)
11-501(a)(7)
050107
#0501 A7
Tetrahydrocannabinol concentration within 2 hours of driving (effective 7-29-16)
11-501(b)
501200
# 11-0501 B
Initial conviction of violating Section 11-501(b)
11-501(b-3)
050123
# 0501 B-3
Second conviction of violating Section 11-501(a) or a similar provision committed within 5 years of a previous violation of Section 11-501(a) or similar provision (effective 1-1-05)
11-501(b-4)
050124
# 0501 B-4
Third or subsequent violation committed within 5 years of a previous violation of Section 11-501(a) or a similar provision (effective 1-1-05)
11-501(c)
501300
# 11-0501 C
A violation of Section 11-501(c)
11-501(c-1)(1)
501311
# 0501 C11
Driving under the influence while revoked for a violation of driving while under the influence, Section 11-501, leaving the scene, Section 11-401, reckless homicide, Section 9-3 of the Criminal Code of 2012, or suspended for statutory summary suspension under Section 11-501.1
11-501(c-1)(2)
501312
# 0501 C12
Third violation of driving under the influence while revoked for driving under the influence, Section 11-501, leaving the scene, Section 11-401, reckless homicide, Section 9-3 of the Criminal Code of 2012, or suspended for statutory summary suspension under Section 11-501.1
11-501(c-1)(3)
501313
# 0501 C13
Fourth or subsequent violation of driving under the influence while revoked for driving under the influence, Section 11-501, leaving the scene, Section 11-401, reckless homicide, Section 9-3 of the Criminal Code of 2012, or suspended for statutory summary suspension under Section 11-501.1
11-501(c-4)(1)
501341
# 0501 C41
Convicted of violating Section 11-501(a) for first time when blood, breath, or urine was .16 or more, or is convicted of violating Section 11-501 while transporting a child under the age of 16
11-501(c-4)(2)
501342
# 0501 C42
Second conviction within 10 years for violating Section 11-501(a) when blood, breath or urine was .16 or more, or is convicted of violating Section 11-501 while transporting a child under the age of 16
11-501(c-4)(3)
501343
# 0501 C43
Third conviction within 20 years for violating Section 11-501(a) when blood, breath or urine was .16 or more, or is convicted of violating Section 11-501 while transporting a child under the age of 16. This is considered a Class 4 felony
11-501(c-4)(4)
501344
# 0501 C44
Fourth or subsequent conviction for violating Section 11-501(a) when blood, breath, or urine was .16 or more, or is convicted of violating Section 11-501 while transporting a child under the age of 16. This is considered a Class 2 felony
11-501(c-5)(1)
501351
# 0501 C5(1)
Violation of Section 11-501(a) while transporting a person under the age of 16
11-501(c-5)(2)
501352
# 0501 C5(2)
Second violation of Section 11-501(a) and at the time of the violation the person was transporting a person under the age of 16
11-501(c-5)(3)
501353
# 0501 C5(3)
Second violation of Section 11-501(a) or a similar provision within 10 years and at the time of the violation the person was transporting a person under the age of 16
11-501(c-5)(4)
501354
# 0501 C5(4)
Second conviction of Section 11-501(a) or a similar provision within 5 years and at the time of the violation the person was transporting a person under the age of 16
11-501(c-5)(5)
501355
# 0501 C5(5)
Third conviction for violating Section 11-501(a) or a similar provision and at the time of the violation the person was transporting a person under the age of 16 (felony)
11-501(c-5)(6)
501356
# 0501 C5(6)
Third conviction of Section 11-501(a) or a similar provision within 20 years and at the time the person was transporting a person under the age of 16 (felony)
11-501(c-5)(7)
501357
# 0501 C5(7)
Fourth or subsequent conviction for violating Section 11-501(a) or similar provision and at the time of the fourth or subsequent violation the person was transporting a person under age 16, three prior violations of transporting a person under age 16 or while BAC .16 or more (felony)
11-501(c-6)(1)
501361
# 0501 C6(1)
Conviction of Section 11-501(a) or a similar provision and the alcohol concentration was .16 or more
11-501(c-6)(2)
501362
# 0501 C6(2)
Second conviction of Section 11-501(a) or a similar provision within 10 years and at the time the BAC was .16 or more
11-501(c-6)(3)
501363
# 0501 C6(3)
Third conviction of Section 11-501(a) or a similar provision within 20 years and at the time of the violation the person's BAC was .16 or more (felony)
11-501(c-6)(4)
501364
# 0501 C6(4)
Fourth or subsequent conviction for violating Section 11-501(a) or a similar provision and at the time of the fourth or subsequent violation the person's BAC was .16 or more, three prior convictions of transporting a person under the age of 16 or while BAC was .16 or more (felony)
11-501(d)
501400
# 0501 D
A violation of Section 11-501(d), aggravated driving under the influence
11-501(d)(1)
050141
# 0501 D1
Such person committed a violation of Section 11-501(a) for the third or subsequent time
11-501(d)(2)
050142
# 0501 D2
Such person committed a violation of Section 11-501(a) while driving a school bus with children on board
11-501(d)(3)
050143
# 0501 D3
Such person in committing a violation of Section 11-501(a) was involved in a motor vehicle crash that resulted in great bodily harm or permanent disability or disfigurement to another, when such violation was the proximate cause of such injuries
11-501(d)(4)
050144
# 0501 D4
Committed a violation of Section 11-501(a) for a second time and was previously convicted of violating Section 9-3 of the Criminal Code of 2012 for reckless homicide in which the person was determined to have been under the influence of alcohol or other drug as an element of the offense
11-501(d)(1)(A)
501411
# 0501D1A
Convicted of committing a violation of Section 11-501(a) for the third or subsequent time
11-501(d)(1)(B)
501412
# 0501D1B
Such person committed a violation of Section 11-501(a) while driving a school bus with children on board
11-501(d)(1)(C)
501413
# 0501D1C
Such person, in committing a violation of Section 11-501(a), was involved in a motor vehicle crash that resulted in great bodily harm or permanent disability or disfigurement to another when such violation was the proximate cause of such injuries
11-501(d)(1)(D)
501414
# 0501D1D
Committed a violation of Section 11-501(a) for a second time and was previously convicted of violating Section 9-3 of the Criminal Code of 2012 for reckless homicide in which the person was determined to have been under the influence of alcohol or other drug as an element of the offense or Section 11-501(d)(1)(C) or (F)
11-501(d)(1)(E)
501415
# 0501D1E
Committed a violation of Section 11-501(a) in a school zone when a 20 MPH speed limit was in effect and was involved in a crash that resulted in bodily harm
11-501(d)(1)(F)
501416
# 0501D1F
Committed a violation of Section 11-501(a) and was involved in a motor vehicle, snowmobile, all-terrain vehicle or watercraft crash that resulted in the death of another person when the violation of Section 11-501(a) was a proximate cause of death
11-501(d)(1)(G)
501417
# 0501D1G
Committed a violation of Section 11-501(a) and the driver did not possess a valid driver's license or permit (effective 1/1/06 and prior to 6-1-08)
11-501(d)(1)(G)
501417
# 0501D1G
Committed a violation of Section 11-501(a) and the driver's license or permit was revoked or suspended for a violation of 11-501(a) or similar provision, Section 11-401(b), or Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 (effective 6-1-08)
11-501(d)(1)(H)
501418
# 0501D1H
Committed a violation of Section 11-501(a) and the driver knew that the vehicle being driven was not covered by a liability insurance policy (prior to 6-1-08)
11-501(d)(1)(H)
501418
# 0501D1H
Committed a violation of Section 11-501(a) and the driver did not possess a valid driver's license, permit, restricted driving permit, or monitoring device driving permit (effective 6-1-08)
11-501(d)(1)(I)
501400
# 0501 D
Committed a violation of Section 501(a) knowing or should have known that the vehicle was not covered by liability insurance (effective 6-1-08)
11-501(d)(1)(J)
501400
# 0501 D
Committed a violation of Section 501(a) and was involved in a motor vehicle crash that resulted in bodily harm, but not great bodily harm, to the child under the age of 16 being transported by the person, if the violation was the proximate cause of the injury (effective 6-1-08)
11-501(d)(1)(K)
501400
# 0501 D
Committed a second violation of 11-501(a) while transporting a person under the age of 16 (effective 6-1-08)
11-501(d)(1)(L)
501400
# 0501 D
Committed a violation of 11-501(a) while transporting one or more persons for hire (effective 8-27-13)
11-502.1(a)
050211
#05021A
Illegal possession of medical cannabis within the passenger area of any motor vehicle in this State (effective 1-1-14)
11-502.1(b)
050212
#05021B
Illegal possession by driver of medical cannabis in a non-sealed medical cannabis container (effective 1-1-14)
11-502.1(c)
050213
#05021C
Illegal possession of medical cannabis by passenger in a non-sealed medical cannabis container within passenger area of any motor vehicle in this State (effective 1-1-14)
11-503(b-1)
503201
# 0503B-1
Reckless driving, bodily harm to a child or school crossing guard
11-503(c)
050303
# 050303
Aggravated reckless driving
11-503(d)
050304
# 0503 04
Aggravated reckless driving, great bodily harm or permanent disability to a child or school crossing guard
11-504
050400
# 0504 00
Drag racing (prior to 1-1-08)
11-506(a)
050601
#050601
Street racing (effective 1-1-08)
11-907(c)
090763
# 0907 P3
Failure to yield to a stopped emergency vehicle resulting in property damage
11-907(c)
090773
# 0907 I3
Failure to yield to a stopped emergency vehicle resulting in personal injury
11-907(c)
090783
# 0907 D3
Failure to yield to a stopped emergency vehicle resulting in death
11-907(c-5)
907365
1 907 c5P
Failure to yield to an emergency vehicle engaged in highway work resulting in property damage
11-907(c-5)
907373
1 907 c5I
Failure to yield to an emergency vehicle engaged in highway work resulting in personal injury
11-907(c-5)
907385
1 907 c5D
Failure to yield to an emergency vehicle engaged in highway work resulting in death
11-907(c-10)
907060
1 907 C10P
Failure to yield to an emergency worker on a highway resulting in property damage
11-907(c-10)
907070
1 907 C10I
Failure to yield to an emergency worker on a highway resulting in personal injury
11-907(c-10)
907080
1 907 C10D
Failure to yield to an emergency worker on a highway resulting in death
11-908(a)1
090811
1 908 A1
Failure to yield and proceed with due caution upon entering a construction zone when workers are present
11-908(a-1)
090811
#0908 A1
Failure to proceed with caution upon entering a construction zone when workers are present by changing lanes and/or reducing speed
11-908(a-3)
090863
#0908P3
Violation of 11-908(a-1) wherein a crash occurs resulting in property damage
11-908(a-4)
090874
#0908I4
Violation of 11-908 (a-1) wherein a crash occurs resulting in injury to another person
11-908(a-5)
090885
#0908D5
Violation of 11-908(a-1) wherein a crash occurs resulting in death to another person
11-1301.3(a-1)
301311
# 13013A1
Unauthorized use of handicap placard or device
11-13-01.3(a-2)
301312
# 13013A2
Unauthorized use of deceased person's disability placard or device
11-1301.5(b)(1)
301521
1 13015B1
To knowingly possess any fictitious or unlawfully altered person-with-disabilities license plate or parking decal or device
11-1301.5(b)(2)
301522
1 13015B2
To knowingly issue or assist in the issuance of, by the Secretary of State or unit of local government, any fictitious person-with-disabilities license plate or parking decal or device
11-1301.5(b)(3)
301523
1 13015B3
To knowingly alter any person-with-disabilities license plate or parking decal or device
11-1301.5(b)(4)
301524
1 13015B4
To knowingly manufacture, possess, transfer, or provide any documentation used in the application process, whether real or fictitious, for the purpose of obtaining, a fictitious person-with-disabilities license plate or parking decal or device
11-1301.5(b)(5)
301525
1 13015B5
To knowingly provide any false information to the Secretary of State or a unit of local government to obtain a person-with-disabilities license plate or parking decal or device
11-1301.5(b)(6)
301526
1 13015B6
To knowingly transfer a person-with-disabilities license plate or parking decal or device for the purpose of exercising the privileges granted to any authorized holder of a person-with-disabilities license plate or parking decal or device under this Code in the absence of the authorized holder
11-1301.5(b)(7)
301527
1 13015B7
Falsification by an authorized medical representative of a certification that a person is disabled
11-1301.6(b)(1)
301621
1 13016B1
To knowingly possess any fraudulent person-with-disabilities license plate or parking decal or devise
11-1301.6(b)(2)
301622
1 13016B2
To knowingly possess without authority any implement designed to duplicate and/or manufacture any person-with-disabilities license plate or parking decal or device
11-1301.6(b)(3)
301623
1 13016B3
To knowingly duplicate, manufacture, sell, or transfer any fraudulent or stolen person-with-disabilities license plate or parking decal or devise
11-1301.6(b)(4)
301624
1 13016B4
To knowingly assist in the duplication, manufacturing, selling, or transferring of any fraudulent or stolen person-with-disabilities license plate or parking decal or device
11-1301.6(b)(5)
301625
1 13016B5
To advertise or distribute a fraudulent person-with-disabilities license plate or parking decal or device
11-1414(a)
141401
# 1414 01
Passing school bus receiving or discharging children (effective 7-1-13)
11-1425(b)
142520
# 1425b
Failure to have sufficient space to drive through railroad crossing without obstructing passage of a train or railroad equipment
11-1425(b-5)
142525
#1425b-5
Failure to have sufficient space to drive through railroad crossing in a CMV without obstructing passage of a train or railroad equipment
11-1431
111431
#1431
Violation of solicitation of towing
12-215(g)
221507
# 2215 07
Conviction of Section 12-215, use of oscillating lamps without lawful authority to stop or detain or attempts to stop or detain another person
12-604.1(a-5)
604185
2 604D5
Aggravated use of video device crash involving death
12-610.1(b-5)
610185
2 610D5
Under age 19 aggravated wireless phone crash involving great bodily harm or death
12-610.1(e-5)
610585
2 601D5
Aggravated use wireless phone school/construction zone crash involving great bodily harm or death
12-610.2(b-5)
610285
2 602D5
Aggravated electronic communication device crash involving great bodily harm or death
CRIMINAL
CODE
OF 2012
EDPM
OFFENSE
CODE
ABSTRACT
DESCRIPTION
CODE
DESCRIPTION OF OFFENSE
************
*********
*************
**************************
9-3
009003
9 03
Reckless homicide resulting from operation of a motor vehicle
11-1.20
011120
11 1 20
Criminal Sexual Assault
11-1.30
011130
11 1 30
Aggravated Criminal Sexual Assault
11-1.40(a)
011401
11 1.40A
Predatory Criminal Sexual Assault of a Child
11-1.50
011150
11 1 50
Criminal Sexual Abuse
11-1.60
011160
11 1 60
Aggravated Criminal Sexual Abuse
11-14.4(a)(1)
014411
11 14.4A1
Advancing prostitution wherein a person is engaged in prostitution and is under age 18 or with a severe or profound intellectual disability
11-14.4(a)(2)
014412
11 14.4A2
Profiting by any means from prostitution when the prostituted person is under age 18 or has a severe or profound intellectual disability
11-14.4(a)(3)
014413
11 14.4A3
Profiting by any means from prostitution where the prostituted person is under age 13
11-15.1
011151
11 151
Conviction of soliciting for a juvenile prostitute
11-19.1
011191
11 191
Conviction of juvenile pimping (offenses occurring prior to 7-1-11)
12-5
012005
12 05
Conviction of reckless conduct
12-13
012013
12 13
Conviction of criminal sexual assault (offenses occurring prior to 7-1-11)
12-14
012014
12 14
Conviction of aggravated criminal sexual assault (offenses occurring prior to 7-1-11)
12-15
012015
12 15
Conviction of criminal sexual abuse (offenses occurring prior to 7-1-11)
12-16
012016
12 16
Conviction of aggravated criminal sexual abuse (offenses occurring prior to 7-1-11)
16J-15
161015
16J-15
Conviction for violation of theft of motor fuel (offenses occurring prior to 8-20-07)
16K-15
161115
16K-15
Conviction for violation of theft of motor fuel (offenses occurring prior to 1-1-12)
16-25(a)(1)
162511
16-25A1
Conviction of Theft of motor fuel (effective 1-1-12 to 6-30-20)
18-3
0018003
18 3
Conviction of vehicular hijacking
18-4
0018004
18 4
Conviction of aggravated vehicular hijacking
21-2
021002
21 02
Conviction of criminal trespass to motor vehicles, if the person exercised actual physical control over the vehicle during the commission of the offense
22-51
022051
22 51
Violation of the Hypodermic Syringes and Needles Act [720 ILCS 635/2] concerning the sale of instruments used for illegal drug use or abuse while using a motor vehicle
24-1(a)(3)
241103
241 A3
Conviction of unlawful use of noxious or chemical weapons while using a motor vehicle
24-1(a)(4)
241104
241 A4
Conviction of unlawful use of weapons while using a motor vehicle
24-1(a)(7)
241107
241 A7
Conviction of unlawful use of machine gun, rifles less than 16 inches in length, or bomb weapons while using a motor vehicle
24-1(a)(9)
241109
241 A9
Conviction of unlawful use of weapons in a motor vehicle while masked or otherwise concealing identity
24-1.2
241200
241 200
Conviction of aggravated discharge of a firearm in the direction of or from a vehicle
24-1.5(b)
241520
24 15B
Conviction of reckless discharge of a firearm by a passenger with the knowledge and consent of the driver
THE LIQUOR
CONTROL ACT
OF 1934
EDPM
OFFENSE
CODE
ABSTRACT
DESCRIPTION
CODE
DESCRIPTION OF OFFENSE
**************
*********
*************
**************************
6-20
006020
6-20
Violation of Section 6-20
6-20(a)
060201
6-20A
Violation of Section 6-20(a) of the Liquor Control Act-Underage possession of alcohol while in a motor vehicle
6-20(d)
060204
6-20D
Violation of Section 6-20(d) of the Liquor Control Act-possession while in a motor vehicle
6-20(e)
060205
6-20E
Violation of Section 6-20(e) of the Liquor Control Act-Underage consumption of alcohol while in a motor vehicle
CRIMINAL
CODE OF 1961 AND 2012
EDPM
OFFENSE
CODE
ABSTRACT
DESCRIPTION
CODE
DESCRIPTION OF OFFENSE
************
*********
*************
**************************
10-9
001009
10 09
Use of a CMV for Severe forms of Trafficking in persons
CANNABIS REGULATION AND TAX ACT
EDPM OFFENSE CODE
ABSTRACT DESCRIPTION CODE
DESCRIPTION OF OFFENSE
************
*********
*************
**************************
10-15
001015
10 15
Possession of Cannabis in a motor vehicle by a person under 21 (effective 6/25/19)
10-20
001020
10 20
Presenting false, fraudulent, or another's identification for the purpose of purchasing or otherwise gaining access to cannabis (effective 6/25/19)
CANNABIS
CONTROL
ACT
EDPM
OFFENSE
CODE
ABSTRACT
DESCRIPTION
CODE
DESCRIPTION OF OFFENSE
************
*********
*************
**************************
550/4(b)
550402
550 4b
Conviction for violation of possessing more than 10 grams but not more than 30 grams of any substance containing cannabis while driving or physical control of a vehicle (7-28-16)
550/4(c)
550403
550 4c
Conviction for violation of possessing more than 30 grams but not more than 100 grams of any substance containing cannabis while driving or physical control of a vehicle (7-28-16)
550/4(d)
550404
550 4d
Conviction for violation of possessing more than 100 grams but not more than 500 grams of any substance containing cannabis while driving or physical control of a vehicle (7-28-16)
550/4(e)
550405
550 4e
Conviction for violation of possessing more than 500 grams but not more than 2,000 grams of any substance containing cannabis while driving or physical control of a vehicle (7-28-16)
550/4(f)
550406
550 4(f)
Conviction for violation of possessing more than 2,000 grams but not more than 5,000 grams of any substance containing cannabis while driving or physical control of a vehicle (7-28-16)
550/4(g)
550407
550 4(G)
Conviction for violation of possessing more than 5,000 grams of any substance containing cannabis (7-28-16)
550/5(a)
550501
550 5a
Conviction for violation of manufacturing, delivering, or possessing with intent to deliver or manufacture, not more than 2.5 grams of any substance containing cannabis while driving or in physical control of a vehicle (7-28-16)
550/5(b)
550502
550 5b
Conviction for violation of manufacturing, delivering, or possessing with intent to deliver or manufacture, more than 2.5 grams but not more than 10 grams of any substance containing cannabis while driving or in physical control of a vehicle (7-28-16)
550/5(c)
550503
550 5c
Conviction for violation of manufacturing, delivering, or possessing with intent to deliver or manufacture, more than 10 grams but not more than 30 grams of any substance containing cannabis while driving or in physical control of a vehicle (7-28-16)
550/5(d)
550504
550 5d
Conviction for violation of manufacturing, delivering, or possessing with intent to deliver or manufacture, more than 30 grams but not more than 500 grams of any substance containing cannabis while driving or in physical control of a vehicle (7-28-16)
550/5(e)
550505
550 5e
Conviction for violation of manufacturing, delivering, or possessing with intent to deliver or manufacture, more than 500 grams but not more than 2,000 grams of any substance containing cannabis while driving or in physical control of a vehicle (7-28-16)
550/5(f)
550506
550 5f
Conviction for violation of manufacturing, delivering, or possessing with intent to deliver or manufacture, more than 2,000 grams but not more than 5,000 grams of any substance containing cannabis while driving or in physical control of a vehicle
550/5(g)
550507
550 5g
Conviction for violation of manufacturing, delivering, or possessing with intent to deliver or manufacture, more than 5,000 grams of any substance containing cannabis while driving or in physical control of a vehicle
705
00705
705 00
Violation of the Cannabis Control Act concerning the unauthorized manufacture or delivery of cannabis (offenses occurring prior to 7-29-16)
707
00707
707 00
Violation of the Cannabis Control Act concerning the unauthorized delivery of cannabis to a person under 18 by an adult (prior to 7-29-16)
ILLINOIS
CONTROLLED
SUBSTANCES
ACT
EDPM
OFFENSE
CODE
ABSTRACT
DESCRIPTION
CODE
DESCRIPTION OF OFFENSE
************
*********
*************
**************************
1401(a)
140101
1401 01
Class X violation of the Illinois Controlled Substances Act concerning the unauthorized manufacture or delivery of a controlled substance (offenses occurring prior to 1-1-93)
401
000401
401 00
Violation of the Illinois Controlled Substances Act concerning the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance (offenses occurring prior to 1-1-93)
1401(b)
140102
1401 02
Class 1 violation of the Illinois Controlled Substances Act concerning the unauthorized manufacture or delivery of a controlled substance (offenses occurring prior to 1-1-93)
1401(c)
140103
1401 03
Class 2 violation of the Illinois Controlled Substances Act concerning the unauthorized manufacture or delivery of a controlled substance
1401(d)
140104
1401 04
Class 3 violation of the Illinois Controlled Substances Act concerning the unauthorized manufacture or delivery of a controlled substance (prior to 1-1-93)
1401(e)
140105
1401 05
Class 3 violation of the Illinois Controlled Substances Act concerning the unauthorized manufacture or delivery of a controlled substance (effective 1-1-93)
1401(f)
140106
1401 06
Class 3 violation of the Illinois Controlled Substances Act concerning the unauthorized manufacture or delivery of a controlled substance (effective 1-1-93)
1401(g)
140107
1401 07
Class 3 violation of the Illinois Controlled Substances Act concerning the unauthorized manufacture or delivery of a controlled substance (effective 1-1-93)
1402(a)(1)
014201
1402 01
Conviction for violation of Section 402(a) concerning the possession of 15 grams or more of any substance containing heroin (prior to 1-1-93)
402
000402
402 00
Violation of Section 402 concerning the possession of 15 grams or more of any controlled or counterfeit substance (effective 1-1-93)
1402(a)(2)
014202
1402 02
Conviction for violation of Section 402(a) concerning the possession of 15 grams or more of any substance containing cocaine (prior to 1-1-93)
1402(a)(3)
014203
1402 03
Conviction for violation of Section 402(a) concerning the possession of 15 grams or more of any substance containing morphine (prior to 1-1-93)
1402(a)(4)
014204
1402 04
Conviction for violation of Section 402(a) concerning the possession of 200 grams or more of any substance containing peyote (prior to 1-1-93)
1402(a)(5)
014205
1402 05
Conviction for violation of Section 402(a) concerning the possession of 200 grams or more of any substance containing a derivative of barbituric acid or any of the salts of a derivative of barbituric acid (prior to 1-1-93)
1402(a)(6)
014206
1402 06
Conviction for violation of Section 402(a) concerning the possession of 200 grams or more of any substance containing amphetamine or any salt of an optical isomer of amphetamine or methamphetamine (prior to 1-1-93)
1402(a)(7)
014207
1402 07
Conviction for violation of Section 402(a) concerning the possession of 15 grams or more, but less than 100 grams of any substance containing lysergic acid diethylamide (LSD) (prior to 1-1-93)
1402(a)(8)
014208
1402 08
Conviction for violation of Section 402(a) concerning the possession of 30 grams or more of any substance containing pentazocine or any of the salts, isomers and salts of isomers of pentazocine (prior to 1-1-93)
1402(a)(9)
014209
1402 09
Conviction for violation of Section 402(a) concerning the possession of 30 grams or more of any substance containing methaqualone or any of the salts, isomers and salts of isomers of methaqualone (prior to 1-1-93)
1402(a)(10)
014210
1402 10
Conviction for violation of Section 402(a) concerning the possession of 30 grams or more of any substance containing phencyclidine or any of the salts, isomers and salts of isomers of phencyclidine (PCP) (prior to 1-1-93)
1402(a)(11)
014211
1402 11
Conviction for violation of Section 402(a) concerning the possession of 200 grams or more of any other controlled or counterfeit substance classified as a narcotic drug in Schedule I or II that is not otherwise included in this subsection (prior to 1-1-93)
1402(b)
014220
1402 20
Conviction for violation of Section 402(b) concerning the possession of any other amount of a controlled or counterfeit substance (prior to 1-1-93)
1407
014070
1407 00
Adult delivers controlled or counterfeit substances to minor (prior to 1-1-93)
1407.1
014701
1407 01
Adult uses minor to deliver controlled/counterfeit substances (prior to 1-1-93)
407
000407
407 00
Adult delivers a controlled or counterfeit substance to a minor (prior to 1-1-93)
407.1
004071
407 01
Adult uses minor to deliver controlled/counterfeit substances (effective 1-1-93)
2103
021003
21 03
Violation of the Drug Paraphernalia Control Act [720 ILCS 600] concerning the sale of instruments used for illegal drug use or abuse (prior to 1/1/93)
600/3
006003
600 3
Violation of the Drug Paraphernalia Control Act [720 ILCS 600] concerning the sale of instruments used for illegal drug use or abuse (effective 1/1/93)
ILLINOIS
IDENTIFICATION
CARD ACT
EDPM
OFFENSE
CODE
ABSTRACT
DESCRIPTION
CODE
DESCRIPTION OF OFFENSE
****************
**********
*************
**************************
14(a)(1)
014101
14A1
To possess, display, or cause to be displayed any cancelled or revoked identification card
14(a)(2)
014102
14A2
To display or represent as the person's own any identification card issued to another
14(a)(3)
014103
14A3
To allow any unlawful use of an identification card issued to another person
14(a)(4)
014104
14A4
To lend an identification card to another or knowingly allow the use thereof
14(a)(5)
014105
14A5
To fail or refuse to surrender to the Secretary of State, the Secretary's agent, or any peace officer upon lawful demand, any identification card that has been revoked or cancelled
14(a)(6)
014106
14A6
To possess, use, or allow to be used any materials, hardware or software specifically designed for or primarily used in the manufacture, assembly, issuance or authentication of an official Illinois identification card or Illinois person with a disability identification card by the Secretary of State
14(a)(7)
014107
14A7
To knowingly possess, use or allow to be used a stolen identification card making implement
14(a-1)
014011
14-A-1
To possess or use materials to obtain encrypted information from an identification card
14A(b)(1)
014121
14AB1
To knowingly possess, display, or cause to be displayed any fictitious or unlawfully altered identification card
14A(b)(2)
014122
14AB2
To knowingly possess, display, or cause to be displayed any fictitious or unlawfully altered identification card for the purpose of obtaining any account, credit, credit card, or debit card from a bank, financial institution, or retail mercantile establishment
14A(b)(3)
014123
14AB3
To knowingly possess any fictitious or unlawfully altered identification card with the intent to commit a theft, deception or credit or debit card fraud in violation of any law of this state or any law of any other jurisdiction
14A(b)(4)
014124
14AB4
To knowingly possess any fictitious or unlawfully altered identification card with the intent to commit any other violation of any law of this State or any law of any other jurisdiction for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided
14A(b)(5)
014125
14AB5
To knowingly possess any fictitious or unlawfully altered identification card while in unauthorized possession of any document, instrument or device capable of defrauding another
14A(b)(6)
014126
14AB6
To knowingly possess any fictitious or unlawfully altered identification card with the intent to use the identification card to acquire any other identification document
14A(b)(7)
014127
14AB7
To knowingly issue or assist in the issuance of any fictitious identification card
14A(b)(8)
014128
14AB8
To knowingly alter or attempt to alter any identification card
14A(b)(9)
014129
14AB9
To knowingly manufacture, possess transfer, or provide any identification document for the purpose of obtaining a fictitious identification card
14A(b)(10)
0141210
14AB10
To make application for the purpose of obtaining a fictitious identification card for another person
14A(b)(11)
0141211
14AB11
To obtain the services of another person to make application for the purpose of obtaining a fictitious identification card
14B(b)(1)
014221
14BB1
To knowingly possess, display or cause to be displayed any fraudulent identification card
14B(b)(2)
014222
14BB2
To knowingly possess, display or cause to be displayed any fraudulent identification card for the purpose of obtaining any account, credit, credit card or debit card from a bank, financial institution or retail mercantile establishment
14B(b)(3)
014223
14BB3
To knowingly possess any fraudulent identification card with the intent to commit a theft, deception or credit or debit card fraud in violation of any law of this State or any law of any other jurisdiction
14B(b)(4)
014224
14BB4
To knowingly possess any fraudulent identification card with the intent to commit any other violation of any law of this State or any law of any other jurisdiction for which a sentence to a term of imprisonment in a penitentiary for one year or more is provided
14B(b)(5)
014225
14BB5
To knowingly possess any fraudulent identification card while in unauthorized possession of any document, instrument or device capable of defrauding another
14B(b)(6)
014226
14BB6
To knowingly possess any fraudulent identification card with the intent to use the identification card to acquire any other identification document
14B(b)(7)
014227
14BB7
To knowingly possess without authority any identification card making implement
14B(b)(8)
014228
14BB8
To knowingly possess any stolen implement for duplicating or manufacturing an identification card
14B(b)(9)
014229
14BB9
To knowingly duplicate, manufacture, sell or transfer any fraudulent identification card
14B(b)(10)
0142210
14BB10
To advertise or distribute any information or materials that promote the selling, giving, or furnishing of a fraudulent identification card
14C(a)(l)
014311
14CA1
To present false information in application for identification card
14C(a)(2)
014312
14CA2
To accept false information in application for identification card
14C(a)(3)
014313
14CA3
To make false affidavit, swear, or affirm falsely
c) Illinois Vehicle Code
The following point assigned violations will be entered on the driving record as Type Action -97- Bond forfeiture or violation of pre-trial release conviction or Type Action -99- conviction.
IVC
VIOLATION
CODE
EDPM
OFFENSE
CODE
ABSTRACT
DESCRIPTION
CODE
DESCRIPTION OF OFFENSE
POINTS
**************
*********
*************
*************************
********
3-413(g)
413007
3 413 G
Operating a motor vehicle equipped with registration plate covers
10
6-107(e)
107005
6 107 05
Violation of Graduated Driver's License (GDL) restrictions on front seat passengers
10
6-107(f)
107006
6 107 06
Violation of GDL restrictions on passenger seat belt/child restraints (offenses occurring prior to 7/20/12)
10
6-107(g)
107007
6 107 07
Violation of GDL restrictions on number of passengers under age 20
10
6-501
501000
6 501 00
Violation of more than one driver's license -- Commercial drivers
50
6-507(a)(1)
507101
6 507 A1
Driving without a commercial driver's license (CDL) in possession (a serious traffic violation if committed in a commercial motor vehicle)
50
6-526(a)
526100
6 526 A
Texting while driving a commercial motor vehicle (a serious violation)
20
6-527(a)
527100
6 527 A
Using a hand held mobile telephone while driving a commercial motor vehicle (a serious violation)
20
11-203
020300
# 0203 00
Failure to obey lawful order of authorized officer to direct, control, or regulate traffic
10
11-305
030500
# 0305 00
Disregarding official traffic control device
20
11-306
030600
# 0306 00
Disregarding traffic control light
20
11-308
030800
# 0308 00
Disregarding lane control signal
20
11-309
030900
# 0309 00
Disregarding flashing traffic signal
20
11-402(a)
040201
# 0402 01
Collision involving damage to vehicles only – failure to stop, exchange information and make report
25
11-403
040300
# 0403 00
Failure to stop and exchange information after motor vehicle collision property damage only
25
11-403
040370
# 0403 G0
Failure to stop and exchange information or give aid after motor vehicle collision – personal injury involved
50
11-403
040380
# 0403 H0
Failure to stop and exchange information or give aid after motor vehicle collision − fatality
50
11-404
040400
# 0404 00
Failure to notify owner after collision with unattended vehicle or other property
15
11-502(a)
050201
# 0502 01
Illegal transportation of any alcoholic liquor within the passenger area of any motor vehicle
25
11-502.15(a)
502151
# 0502 15A
Illegal use of adult use cannabis by the driver of a motor vehicle in Illinois (effective 6-25-19)
25
11-502.15(b)
502152
# 0502 15B
Illegal possession of adult use cannabis by the driver of a motor vehicle in Illinois (effective 6-25-19)
25
11-503
050300
# 0503 00
Reckless driving (a serious traffic violation if committed in a commercial motor vehicle)
55
11-505
050500
# 0505 00
Squealing or screeching tires
10
11-506(a-5)
506105
# 0506 A5
Engaging in a street sideshow
25
11-506(b-5)
506205
# 0506 B5
Interfering with traffic for street racing or a street sideshow (effective 1-1-23)
25
11-507
050700
# 0507 00
Supervising minor driver while under the influence
20
11-601(a)
060100
# 0601 00
Speeding too fast for conditions or failure to reduce speed to avoid a crash
10
11-601(b)
060101
# 0601 01
1-10 MPH above limit
5
11-601(b)
060103
# 0601 03
11-14 MPH above limit
15
11-601(b)
060105
# 0601 05
15-25 MPH above limit (a serious traffic violation if committed in a commercial motor vehicle)
20
11-601(b)
060107
# 0601 07
Over 25 MPH above limit (a serious traffic violation if committed in a commercial motor vehicle)
50
11-601(b)
060108
# 0601 08
26-29 MPH above limit (a serious violation if committed in a commercial motor vehicle) (arrests occurring prior to 1/27/11)
50
11-601(b)
601008
# 6010 08
26-30 MPH above limit (a serious violation if committed in a commercial motor vehicle) (arrests occurring on or after 1/27/11 and prior to 1/1/14)
50
11-601(b)
060109
# 0601 09
Over 29 MPH above limit (a serious violation if committed in a commercial motor vehicle) (arrests occurring prior to 1/27/11)
50
11-601(b)
601009
#6010 09
Over 30 MPH above limit (a serious violation if committed in a commercial motor vehicle) (arrests occurring on or after 1/27/11 and prior to 1/1/14)
50
11-601.5
060109
# 0601 09
Driving 40 MPH or more in excess of the applicable speed limit (a serious violation if committed in a commercial motor vehicle) (arrests occurring prior to 1/27/11)
50
11-601.5(a)
060151
# 06015A
30-39 MPH above limit (a serious violation if committed in a commercial motor vehicle) (arrests occurring prior to 1/1/14)
50
11-601.5(a)
601051
#60105A
31-39 MPH above limit (a serious violation if committed in a commercial motor vehicle) (arrests occurring prior to 1/1/14)
50
11-601.5(a)
601510
#0601 510
26-34 MPH above limit (a serious violation in a commercial motor vehicle) (arrests occurring on or after 1/1/14)
50
11-601.5(b)
601520
#0601 520
35 MPH or more above limit (a serious violation in a commercial motor vehicle) (arrests occurring on or after 1-1-14)
50
11-601.5(b)
060152
# 06015B
40 or more MPH above limit (a serious violation if committed in a commercial motor vehicle) (arrests occurring on or after 12-31-10 and prior to 1-1-14)
50
11-605
060500
# 0605 00
Exceeding the maximum speed limit in a school zone (a serious traffic violation if committed in a commercial motor vehicle) (prior to 1-1-96)
20
11-605(a)
060501
# 0605 01
Exceeding the maximum speed limit in a school zone (a serious violation in a commercial motor vehicle)
20
11-605(b)
060502
# 060502
Exceeding the maximum speed limit through a highway construction or maintenance zone (a serious traffic violation if committed in a commercial motor vehicle) (prior to 8/19/04)
20
11-605(e-5)(1)
605551
#605 5 51
Aggravated speeding in a school zone (26 MPH to 34 MPH)
55
11-605(e-5)(2)
605552
#605 5 52
Aggravated speeding in a school zone (35 MPH or more)
55
11-605.1(a)
060510
# 0605 1
Exceeding the maximum speed limit in a construction zone when workers are present (a serious traffic violation if committed in a commercial motor vehicle)
20
11-605.1(a-5)
605115
# 605 1 15
Exceeding the maximum speed limit in a construction zone when workers are not present (a serious traffic violation if committed in a commercial motor vehicle)
10
11-605.1(d-5)(1)
051451
#051451
Aggravated speeding in a construction zone. Speeding 26- 34 mile per hour in excess of special speed limit (1-1-16)
55
11-605.1(d-5)(2)
051452
#051452
Aggravated speeding in a construction zone 35 miles per hour or more in excess of special speed limit (1-1-16)
55
11-605.3(b)
060532
# 0605 3b
Exceeding the maximum speed limit on a park zone street
20
11-605.3(c)
060533
# 0605 3c
Failure to obey stop sign or red light on a park zone street
20
11-606(a)
060601
# 0606 01
Driving below minimum speed limit
5
11-606(b)
060602
# 0606 02
Driving below minimum speed limit on Illinois Tollway
20
11-608
060800
# 0608 00
Exceeding maximum speed limit on bridge or elevated structure
10
11-701
070100
# 0701 00
Failure to drive on right side of roadway
20
11-702
070200
# 0702 00
Improper passing upon meeting an approaching vehicle
20
11-703(a)
070301
# 0703 01
Improper passing on left
20
11-703(b)
070302
# 0703 02
Failure to yield right-of-way to vehicle passing on the left
20
11-703(c)
070303
# 0703 03
Improper passing with a two wheeled vehicle
20
11-703(d)
070304
# 0703 04
Improper passing of bicycle or pedestrian
20
11-703(e)
070305
# 0703 05
Driving too close to, toward, or near a bicyclist, pedestrian or person riding a horse or driving an animal drawn vehicle
20
11-704
070400
# 0704 00
Improper passing on the right
20
11-705
070500
# 0705 00
Improper passing on the left
20
11-706
070600
# 0706 00
Driving on left side of roadway where prohibited
20
11-707(b)
070702
# 0707 02
Driving on left side of roadway in a no passing zone
20
11-707(d)
070704
# 0707 04
No passing in unincorporated area where there exists a school speed zone as defined in Section 11-605
10
11-708
070800
# 0708 00
Driving wrong way on one-way street or highway or around traffic island
5
11-709(a)
070901
# 0709 01
Improper traffic lane usage (a serious traffic violation if committed in a commercial motor vehicle)
20
11-709(b)
070902
# 0709 02
Improper center lane usage (a serious traffic violation if committed in a commercial motor vehicle)
20
11-709(c)
070903
# 0709 03
Improper traffic lane usage (a serious traffic violation if committed in a commercial motor vehicle)
20
11-709(d)
070904
# 0709 04
Improper traffic lane usage (a serious traffic violation if committed in a commercial motor vehicle)
20
11-709.1
070911
# 0709 11
Passing on shoulder while merging into traffic
20
11-710
071000
# 0710 00
Following too closely (a serious traffic violation if committed in a commercial motor vehicle)
25
11-711(a)
071101
# 0711 01
Improper entry or exit from controlled access roadway
10
11-711(b)
071102
# 0711 02
Operating an improper vehicle on a controlled access roadway
10
11-801
080100
# 0801 00
Improper turn at intersection
10
11-802
080200
# 0802 00
Improper U-turn
20
11-803
080300
# 0803 00
Unsafe movement of vehicle from parked position
15
11-804
080400
# 0804 00
Failure to give stop or turn signal
15
11-805
080500
# 0805 00
Improper stop or turn signal
15
11-806
080600
# 0806 00
Improper arm signal
15
11-901
090100
# 0901 00
Failure to yield right-of-way at intersection
15
11-901.01
090101
# 901 01
Failure to yield right-of-way at T intersection
15
11-902
090200
# 0902 00
Improper left turn with oncoming traffic
25
11-903
090300
# 0903 00
Failure to stop or yield right-of-way to pedestrians at intersections or crosswalks with traffic control devices
20
11-904
090400
# 0904 00
Failure to obey stop or yield right-of-way sign
20
11-905
090500
# 0905 00
Improper merging into traffic
20
11-906
090600
# 0906 00
Failure to yield right-of-way upon emerging from private road or roadway
20
11-907(a)
090700
# 0907 00
Failure to yield right-of-way to emergency vehicle
15
11-907(c)
090703
# 0907 03
Failure to yield the right-of-way or drive with due caution upon approaching a stationary emergency vehicle
15
11-907(c-5)
907305
1 907 C5
Failure to yield to an emergency vehicle engaged in highway work
15
11-907(c-10)
907310
1 907 C10
Failure to yield to an emergency worker on a highway
15
11-907.5(a)
090751
# 0907 51
Failure to reduce speed/change lane for disabled vehicle (1-1-17)
15
11-908(a)
090801
# 0908 01
Failure to yield right-of-way to authorized vehicle or pedestrian engaged in work within any highway construction or maintenance area
15
11-908(b)
090802
# 0908 02
Failure to yield right-of-way to authorized vehicle displaying flashing lights engaged in work upon a highway
15
11-908(c)
090803
# 0908 03
Failure to stop if signaled by a flagger or traffic control signal at highway construction sight
15
11-1002(a)
100201
# 1002 01
Failure to stop and/or yield right-of-way to pedestrians at crosswalks without traffic control devices
20
11-1002(d)
100204
# 1002 04
Passing vehicle stopped for pedestrian
20
11-1002(e)
100205
# 1002 05
Failure to yield right-of-way to pedestrian at an intersection
20
11-1002.5
100250
# 1002 50
Failure to stop and/or yield to a pedestrian at crosswalk in school zone
20
11-1003.1
100301
# 1003 01
Failure to exercise due care for pedestrian or bicyclist
10
11-1004
100400
# 1004 00
Failure to yield right-of-way to a pedestrian with clearly visible disabilities
20
11-1008
100800
# 1008 00
Failure to yield to a pedestrian on a sidewalk
20
11-1101
110100
# 1101 00
Improper passing of street car on the left
10
11-1102
110200
# 1102 00
Improper passing on the right or failure to stop for a streetcar
20
11-1103
110300
# 1103 00
Obstructing streetcar tracks or streetcar traffic
5
11-1104
110400
# 1104 00
Driving through safety zone
20
11-1201
120100
# 1201 00
Failure to stop for approaching railroad train, railroad track equipment or signal
20
11-1201(a)
120110
# 1201 A
For drivers who are not always required to stop, failing to stop before reaching the railroad-highway grade crossing, if tracks are not clear (serious traffic violation if committed in a commercial motor vehicle)
20
11-1201(a)(2)
120112
# 1201 A2
Failing to obey a traffic control device or the directions of an enforcement official at the railroad crossing
20
11-1201(b)
120120
# 1201 B
Driving any vehicle through, around or under any crossing gate or barrier at a railroad crossing while that gate or barrier is closed or is being opened or closed
20
11-1201(c)
120130
# 1201 C
Failure to stop within 50 feet but less than 15 feet of a stop sign erected at a railroad crossing
20
11-1202
120200
# 1202 00
Failure to stop at railroad grade crossing
20
11-1203
120300
# 1203 00
Improper movement of heavy equipment across railroad grade crossing
5
11-1204
120400
# 1204 00
Disregarding stop or yield sign at an intersection
20
11-1205
120500
# 1205 00
Failure to yield right-of-way upon emerging from alley or driveway
20
11-1402(a)
140201
# 1402 01
Limitations on backing
10
11-1402(b)
140202
# 1402 02
Limitations on backing upon controlled access highway
20
11-1403
140300
# 1403 00
Motorcycle operating violation or passenger equipment violation
5
11-1403.1
140301
# 1403 01
Motorized pedalcycle operating violation
5
11-1403.2
140302
# 1403 02
Operation of motorcycle on one wheel - reckless driving
55
11-1403.2(b)
140322
# 1403 22
Aggravated Operation of a Motorcycle on one wheel while speeding
75
11-1404
140400
# 1404 00
Motorcycle glasses, goggles or shield violation
5
11-1405
140500
# 1405 00
Motorcycle equipment violation
5
11-1412.1
141201
# 1412 01
Driving upon sidewalk
20
11-1414(a)
141401
# 1414 01
Passing school bus receiving or discharging children (Discontinued 6/30/13)
25
11-1418
141800
# 1418 00
Illegal operation of farm tractor upon highway
10
11-1426.1(b-5)
142625
# 14261B5
Operation of a non-highway vehicle without a valid driver's license issued by the Secretary of State or a foreign jurisdiction
15
11-1426.1(c)
142613
# 1426 1C
Crossing a toll road. interstate, or highway while operating a non-highway vehicle or crossing any other highway at a place other than an intersection
15
11-1426.2(g)
142627
# 14262g
Operating a low-speed vehicle without a valid license
15
11-1505
150500
# 1505 00
Improper position of motorized pedalcycles on roadway
10
11-1505.1
150501
# 1505 01
Riding motorized pedalcycle more than two abreast on roadways
10
11-1507.1
150701
# 1507 01
Violation of lamps on motorized pedalcycles
10
11-1510(b)
151020
# 1510 B0
Improper left turn on pedalcycle
10
11-1518
115108
# 1 1518
A violation of regulations of low-speed electric scooters
15
12-201(b)
220102
# 2201 02
Head, tail, or side light violation
10
12-208(a)
220801
# 2208 01
No stop lights
5
12-208(b)
220802
# 2208 02
No turn signal lights
5
12-208(c)
220803
# 2208 03
No turn signal lights on trailers or semi-trailers
5
12-301
230100
# 2301 00
Defective brakes
20
12-604.1(a)
260401
# 2604 1A
Use of a video device while driving
15
12-604.1(a-5)
604175
# 2604 1A5
Aggravated use of video device crash involving personal injury
30
12-610.1(b)
261012
# 2610 1B
Driver under age 19 using a wireless phone
10
12-610.1(b)
261010
# 2610 1B
Driving under age 19 using a wireless phone
10
12-610.1(b-5)
610175
610185
# 2610 1B5
Under age 19 aggravated wireless phone crash involving great bodily harm or death
30
12-610.1(e)
261015
# 2610 1E
Using a wireless phone in a school or construction zone or within 500 feet of an emergency scene (a serious violation if committed in a commercial motor vehicle)
15
12-610.1(e-5)
610575
610585
# 2610 1E5
Aggravated use of wireless phone in a school or construction zone that causes a crash involving great bodily harm or death
30
12-610.2(b)
261022
# 2610 2B
Using an electronic communications device (a serious violation if committed in a commercial motor vehicle) (Second or subsequent violation if arrest date prior to 6-30-19. First conviction if arrest date is on or after 7-1-19)
20
12-610.2(b-5)
610275
610285
#2620 2B5
Aggravated electronic communication device crash involving great bodily harm or death
30
12-610.5(b)
261052
# 2610 5b
Unlawful use of registration plate covers (prior to 1-1-13)
5
12-804
280400
# 2804 00
School bus identification and warning light violation
5
15-106
510600
# 5106 00
Failure to fasten or secure any protruding component of a vehicle
15
15-109
510900
# 5109 00
Spilling or unsafe load
15
15-110
511000
# 5110 00
Improper towing of a vehicle
10
15-114
511400
# 5114 00
Improper pushing of another vehicle
10
d) City of Chicago Traffic Regulations - Title 9 of the Municipal Code of Chicago
The following point assigned violations will be entered on the driving record as Type Action -97- bond forfeiture or violation of pre-trial release conviction or Type Action -99- conviction
CHICAGO
TRAFFIC
CODE
EDPM
OFFENSE
CODE
ABSTRACT
DESCRIPTION
CODE
DESCRIPTION OF OFFENSE
POINTS
**********
*********
*************
*************************
*******
9-40-140
255000
7 255 00
Negligent driving
10
e) Illinois Vehicle Code
The following violations will be entered on the driving record as Type Action
-95- bond forfeiture or Type Action -96- conviction with no point value:
IVC VIOLATION CODE
EDPM
OFFENSE
CODE
ABSTRACT
DESCRIPTION
CODE
DESCRIPTION OF OFFENSE
**********
*********
*************
*************************
11-407(a)
040710
# 0407 A0
Failure of driver to give notice of crash to law enforcement
11-407(b)
040720
# 0407 B0
Failure of passenger to give notice of crash to law enforcement
11-506(b)
050602
# 0506 B
Vehicle owner permitting street racing by another
11-1412
141200
# 1412 00
Crossing fire hose without consent of fire department official
11-1420
142000
# 1420 00
Funeral procession violation
12-201(c)
220103
# 2201 03
Registration light violation
12-203
220300
# 2203 00
Lamps on parked vehicle
12-207
220700
# 2207 00
Spot light or auxiliary light violation
12-209
220900
# 2209 00
Other light violation
12-211(a)
221101
# 2211 01
Headlight violation
12-211(b)
221102
# 2211 02
Front light violation
12-212
221200
# 2212 00
Front red or flashing light violation
12-214
221400
# 2214 00
Special lighting equipment on rural mail delivery vehicle
12-218(b)
221802
# 2218 00
Motorcycle auxiliary light violation
12-603.1
260301
# 2603 01
Violation of the seat belt act
12-610.2(b)
261002
# 2610 2B
Using an electronic communication device (a serious violation if committed in a commercial motor vehicle) (First violation)
12-613(a)
261301
# 2613 A
Violation of possession and use of radar or laser jamming devices
12-714(a)
271401
# 2714 01
Violation of possession and use of a radar detecting device in a commercial motor vehicle
12-715(a)
271501
# 2715 01
Violation of possession and use of a radar jamming device in a commercial motor vehicle (prior to 1-1-06)
25/4
250400
25 04
Violation of the Child Passenger Protection Act [625 ILCS 25] − child under age 8 (effective 1-1-93)
25/4a
250401
25 04A
Violation of the Child Passenger Protection Act [625 ILCS 25] − child age 8 but under age 16 (effective 1-1-93)
25/4b
250402
25 04B
Unrestrained – age 8 but under age 19 [625 ILCS 25] if driver is under age 18 (effective 1-1-98)
f) Case Review
1) After each case is entered to the appropriate driving record, suspension, revocation, disqualification, or cancellation action is determined by review of the driving record by a trained Driver Services Technician or action is taken for suspension, revocation, or disqualification by automated computer programs using criteria set forth in this Part.
2) Driver control action will be entered upon the driver's record by classification (Type Action).
A) Classification for driver control actions:
Type Action 01
Mandatory Revocation
Type Action 02
Discretionary Revocation
Type Action 03
Discretionary Suspension
Type Action 04
Safety Responsibility Suspension
Type Action 05
Financial Responsibility Suspension
Type Action 06
Unsatisfied Judgment Suspension
Type Action 07
Mandatory Suspension
Type Action 08
Cancellation of License
Type Action 09
Mandatory Suspension
Type Action 17
Statutory Summary Suspension
Type Action 45
Cancellation/Suspension/Denial of School Bus Permit
Type Action DN
Denial of License and/or Privileges
Type Action DQ
Discretionary/Mandatory Disqualification
Type Action FR
Family Financial Responsibility Suspension
Type Action FS
Field Sobriety Suspension
Type Action IV
Invalidation of License
Type Action MC
Mandatory Conviction Suspension
Type Action OS
Out of Service Law Enforcement History Item
Type Action ZT
Zero Tolerance Suspension
B) Description of driver control action:
The code used to describe the action is composed of the Chapter and/or Section number of the Illinois Vehicle Code that provides the Secretary of State with the authority to take such action.
g) Mandatory Revocation – Type Action 01
IVC VIOLATION CODE
EDPM
OFFENSE
CODE
ABSTRACT
DESCRIPTION
CODE
DESCRIPTION OF OFFENSE
**********
*********
*************
*************************
6-205(a)(1)
205101
6 205 A1
Reckless homicide
6-205(a)(2)
205102
6 205 A2
Driving while under the influence of alcohol, other drug, or combination thereof
6-205(a)(3)
205103
6 205 A3
Felony involving the use of a motor vehicle
6-205(a)(4)
205104
6 205 A4
Leaving the scene of a traffic crash involving death of personal injury – violation of Section 11-401
6-205(a)(5)
205105
6 205 A5
Perjury under oath relating to ownership or operation of a motor vehicle
6-205(a)(6)
205106
6 205 A6
Three convictions of reckless driving committed within a 12-month period
6-205(a)(7)
205107
6 205 A7
Conviction of motor vehicle theft as defined in Section 4-102, if the person exercised actual physical control over the vehicle during the commission of the offense
6-205(a)(8)
205108
6 205 A8
Conviction of drag racing under Section 11-504
6-205(a)(9)
205109
6 205 A9
Violation of financial responsibility in operation of a motor vehicle for the purpose of hire (Chapter 8) or for rent (Chapter 9)
6-205(a)(10)
205110
6 205 A10
Reckless conduct, Section 12-5 of the Criminal Code of 2012
6-205(a)(11)
205111
6 205 A11
Conviction of aggravated fleeing or eluding a peace officer
6-205(a)(12)
205112
6 205 A12
Violation of Section 6-507(b) or a similar law of another state relating to the unlawful operation of a commercial motor vehicle
6-205(a)(13)
205113
6 205 A13
A second or subsequent violation of Section 11-502(a) or a similar provision of a local ordinance and the driver was less than 21 years of age at the time of the offense.
6-205(a)(14)
205114
6 205 A14
Conviction of Section 11-506(a) or a similar provision of a local ordinance relating to street racing
6-205(a)(15)
205115
6 205 A15
A second or subsequent conviction of driving while the person's driver's license, permit or privilege was revoked for reckless homicide or a similar out-of-state offense
6-205(a)(16)
205116
6 205 A16
Conviction of any offense regulating the movement of traffic that was the proximate cause of death of any person
6-205(a)(17)
205117
6 205 A17
Unauthorized use of deceased person's disability placard or device
6-205(a)(18)
205118
6 205 A18
Second or subsequent conviction of illegal possession of a controlled substance or cannabis
6-205(a)(19)
205119
6 205 A19
Overtaking or passing a school bus which results in a crash and death to another
6-205(b)(1)
205201
6 205 B1
Notice provided for in Section 5-901 of the Juvenile Court Act of 1987, that minor has been adjudicated under that Act as having committed an offense relating to motor vehicles prescribed in IVC Section 4-103
6-205(b)(2)
205202
6 205 B2
When any other law of this State requires either the revocation or suspension of such license or permit
6-205(b)(3)
205203
6 205 B3
Committing a gang-related offense involving a motor vehicle or driver's license
6-205(c)
205300
6 205 C0
Revocation of a restricted driving permit
11-501.1
050101
1 0501 01
Statutory Summary Revocation
h) Discretionary Revocations and Suspensions – Type Action 02 or 03
IVC VIOLATION CODE
EDPM
OFFENSE
CODE
ABSTRACT
DESCRIPTION
CODE
DESCRIPTION OF OFFENSE
**********
*********
*************
*************************
6-113(d)
113400
6 113 D0
Violation of a restriction on a license or permit
6-206(a)(1)
206101
6 206 A1
Has committed an offense requiring revocation upon conviction
6-206(a)(2)
206102
6 206 A2
Three or more convictions of moving traffic violations committed within a 12-month period
6-206(a)(3)
206103
6 206 A3
Habitually been in violation of vehicle laws
6-206(a)(4)
206104
6 206 A4
Crash resulting in death or injury
6-206(a)(5)
206105
6-206 A5
Permitted unlawful or fraudulent use of license, ID card or permit
6-206(a)(6)
206106
6 206 A6
Conviction of an offense in another state requiring a suspension or revocation in this State including authorization contained in Section 6-203.1
6-206(a)(7)
206107
6 206 A7
Refused or failed to submit to an examination
6-206(a)(8)
206108
6 206 A8
Ineligible for license or permit under Section 6-103.
6-206(a)(9)
206109
6 206 A9
False statement or knowingly concealed a material fact in application for license, ID card or permit
6-206(a)(10)
206110
6 206 A10
Has displayed or attempted to fraudulently use any driver's license, ID card or permit not issued to such person
6-206(a)(11)
206111
6 206 A11
Driving while license or permit has been revoked
6-206(a)(12)
206112
6-206 A12
Obtained the services of another person to take an examination for the purpose of obtaining a license, ID card or permit for some other person
6-206(a)(13)
206113
6 206 A13
Violation of Curfew Act (prior to 1-1-08)
6-206(a)(13)
206113
6 206 A13
Violation of nighttime driving restrictions (effective 1-1-08)
6-206(a)(14)
206114
6 206 A14
Unlawful use of license or permit under IVC Section 6-301 or Section 14, 14A or 14B of the Illinois Identification Card Act [15 ILCS 335] or a similar offense in another state, if at the time of the offense the person held an Illinois driver's license or identification card
6-206(a)(15)
206115
6 206 A15
Conviction of criminal trespass to vehicles as defined in Section 21-2 of the Criminal Code of 2012, if the person exercised actual physical control over the vehicle during the commission of the offense
6-206(a)(16)
206116
6 206 A16
Violation of Section 11-204, fleeing from a peace officer
6-206(a)(17)
206117
6 206 A17
Has refused to submit to a test as required under Section 11-501.1, and such person has not sought a hearing as provided for in Section 11-501.1
6-206(a)(18)
206118
6 206 A18
Has been adjudged to be afflicted with or suffering from any mental disability or disease (prior to 7-1-20)
6-206(a)(19)
206119
6 206 A19
Has violated Section 6-101 – driving without a valid license
6-206(a)(20)
206120
6 206 A20
Has violated Section 6-104 – driving without a proper classification on a driver's license
6-206(a)(21)
206121
6 206 A21
Has violated Section 11-402 relating to leaving the scene of a crash resulting in damage to a vehicle in excess of $1000
6-206(a)(22)
206122
6 206 A22
Has used a motor vehicle in violation of Section 24-1(a)(3), (4), (7), or (9) of the Criminal Code of 2012
6-206(a)(23)
206123
6 206 A23
Has been convicted of violating Section 11-502(a) for a second or subsequent time within one year
6-206(a)(24)
206124
6 206 A24
Has been convicted by court martial or punished by non-judicial punishment by military authorities of the United States at a military installation in Illinois of a traffic related offense that is the same or similar to an offense specified under Section 6-205 or 6-206 or in another state
6-206(a)(25)
206125
6 206 A25
Has permitted any form of identification to be used by another in the application process to obtain a license, identification card or permit
6-206(a)(26)
206126
6 206 A26
Has altered or attempted to alter a license or has possessed an altered license, identification card or permit
6-206(a)(27)
206127
6 206 A27
Has violated Section 6-16 of the Liquor Control Act of 1934 (offense occurred prior to 7-1-20)
6-206(a)(28)
206128
6 206 A28
Conviction for the illegal possession of any controlled substance prohibited under the Illinois Controlled Substances Act or any cannabis prohibited under the Cannabis Control Act while operating a motor vehicle
6-206(a)(29)
206129
6 206 A29
Conviction of criminal sexual assault, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, juvenile pimping, soliciting for a juvenile prostitute or the manufacture, sale or delivery of controlled substances or instruments used for illegal drug use or abuse while operating a motor vehicle
6-206(a)(30)
206130
6 206 A30
Conviction of a second or subsequent time of a sex offense and/or an offense against drug laws while operating a motor vehicle as enumerated in Section 6-206(a)(29)
6-206(a)(31)
206131
6 206 A31
Refused to submit/failed test as required by Section 11-501.6
6-206(a)(32)
206132
6 206 A32
Has used a motor vehicle in violation of Section 24-1.2 of the Criminal Code of 2012
6-206(a)(33)
206133
6 206 A33
A violation of Section 11-502(a) or a similar provision of a local ordinance and the driver was less than 21 years of age at the time of the offense
6-206(a)(34)
206134
6 206 A34
Two or more convictions of moving traffic violations committed within a 24-month period (Type Action 02 prior to 8-8-98) (Type Action 03 prior to 8-11-98)
6-206(a)(34)
206134
6 206 A34
Use of fictitious or unlawfully altered person-with-disabilities license plate or parking decal or device as defined in Section 11-1301.5 (effective 8-8-98)
6-206(a)(35)
206135
6 206 A35
Use of fictitious or unlawfully altered person-with-disabilities license plate or parking decal or device as defined in Section 11-1301.5 (prior to 8-8-98)
6-206(a)(35)
206135
6 206 A35
Use of fraudulent person-with-disabilities license plate or parking decal or device as defined in Section 11-1301.6 (effective 8‑8‑98)
6-206(a)(36)
206136
6 206 A36
Use of fraudulent person-with-disabilities license plate or parking decal or device as defined in Section 11-1301.6 (prior to 8-8-98)
6-206(a)(36)
206136
6 206 A36
Two or more convictions of moving traffic violations committed within a 24-month period (Type Action 02 effective 8-8-98) (Type Action 03 effective 8-11-98)
6-206(a)(37)
206137
6 206 A37
Has been convicted of a violation of Section 11-907(c), (c-5), or (c-10) that resulted in property damage, personal injury
6-206(a)(38)
206138
6 206 A38
Has been convicted of a violation of Section 6-20 of the Liquor Control Act of 1934
6-206(a)(39)
206139
6 206 A39
Has committed a second or subsequent violation of Section 11-1201
6-206(a)(40)
206140
6 206 A40
Failure to yield and proceed with due caution upon entering a construction zone when workers are present
6-206(a)(41)
206141
6 206 A41
Committed a second or subsequent violation of Section 11-605.1 of the Illinois Vehicle Code, a similar provision of a local ordinance or a similar violation in any other state, within 2 years of the date of the previous violation
6-206(a)(42)
206142
6 206 A42
Has committed a violation of Section 11-1301.3(a-1)
6-206(a)(43)
206143
6 206 A43
Supervision for violation of Section 6-20 of the Liquor Control Act
6-206(a)(44)
206144
6 206 A44
Has been convicted of a moving violation after having previously been suspended or revoked pursuant to Section 6-206(a)36
6-206(a)(45)
206145
6 206 A45
Committed perjury or submitted false documents at a formal hearing
6-206(a)(46)
206146
6 206 A46
Has committed a violation of subsection (j) of Section 3-413
6-206(a)(47)
206147
6 206 A47
Has committed a violation of Section 11-502.1(a)
6-206(a)(48)
206148
6 206 A48
Has submitted false/altered medical examiner's certificate to the SOS or provided false information to obtain a medical examiner's certificate (effective 7-1-17)
6-206(a)(49)
206149
6 206 A49
Has been convicted of a violation of 12-610.2(b-5) that resulted in great bodily harm to another (effective 7-1-2020)
6-206(a)(50)
206150
6 206 A50
Has committed a violation of 11-1002 or 11-1002.5 that resulted in Type A injury to another (effective 7-1-2020)
6-206(a)(51)
206151
6 206 A51
Possession of cannabis in a motor vehicle by a person under the age of 21 (effective 1/1/23)
6-206(a)(52)
206152
6 206 A52
Presentation of false identification to a cannabis business establishment by a person under the age of 21 (effective 1-1-23)
6-206(c)(3)
206303
6 206 C3
Conviction of an offense while holding a Restricted Driving Permit
6-206.1(J)
206010
6 206.1 J
Violation of the requirements of the monitoring device driving permit (MDDP)
6-206.1(L)
206012
6 206.1 L
Convicted or received court supervision of violation listed in Section 6-206.1(c-1) or de-installed MDDP without authorization
i) Discretionary or Mandatory – Suspension – Type Action 03, 07, 09, 17, or ZT
IVC VIOLATION CODE
EDPM
OFFENSE
CODE
ABSTRACT
DESCRIPTION
CODE
DESCRIPTION OF OFFENSE
**********
*********
*************
*************************
6-205(c)
205300
6 205 C0
Suspension of a Restricted Driving Permit
6-205.2
205002
6 205 02
Theft of motor fuel (prior to 7-1-2020)
6-303(b-1)
303200
6 303 B1
Driving while license or permit has been suspended
6-306.3
306003
6 306 03
Failure to appear in court to answer a traffic violation charge after depositing a valid Illinois license in lieu of bail (offenses prior to 1-1-15)
6-306.5
306005
6 306 05
Failure to pay fines – parking violations or automated traffic law violations (offenses prior to 7-1-2020)
6-306.7
306007
6 306 07
Failure to pay fines – Illinois State Toll Highway Authority (offenses prior to 7-1-2020)
6-308
308000
6 308 00
Failure to Appear – Traffic Violation (prior to 1-1-2020)
11-406(e)
040650
1 0406 E0
Suspended for failure or neglect to make a report of a traffic crash as required by Section 11-406
11-501.1
050101
1 0501 01
Statutory Summary Suspension
11-501.8
050108
1 0501 08
Zero Tolerance Suspension
11-501.9
050109
1 0501 09
Medical Cannabis Suspension
11-1414(f)
141460
1 1414 F0
Failure to stop for school bus when loading or discharging passengers
11-1425(d)
142540
1 1425 D
Failure to have space to drive through railroad crossing
11-1431(b)
114312
1 1431 B
Suspension of Towing
j) Safety Responsibility Suspension – Type Action 04
IVC VIOLATION CODE
EDPM
OFFENSE
CODE
ABSTRACT
DESCRIPTION
CODE
DESCRIPTION OF OFFENSE
**********
*********
*************
*************************
7-201
Motor vehicle operator and/or owner of a vehicle involved in a crash with damages totaling more than $1500 (or $500 without liability insurance coverage), with a reasonable possibility of a civil judgment being entered in court
k) Financial Responsibility Suspension – Type Action 05
IVC VIOLATION CODE
EDPM
OFFENSE
CODE
ABSTRACT
DESCRIPTION
CODE
DESCRIPTION OF OFFENSE
**********
*********
*************
*************************
7-305
Failure to maintain proof of financial responsibility (SR-22 insurance) for a designated period of time
UNIFIED CODE OF CORRECTIONS
EDPM
OFFENSE
CODE
ABSTRACT
DESCRIPTION
CODE
DESCRIPTION OF OFFENSE
**********
*********
*************
*************************
730/5
Fail to file proof of financial responsibility after receiving supervision or three convictions for a mandatory insurance violation [730 ILCS 5/5-6-3.1(m)]
l) Unsatisfied Judgment Suspension – Type Action 06
IVC VIOLATION CODE
EDPM
OFFENSE
CODE
ABSTRACT
DESCRIPTION
CODE
DESCRIPTION OF OFFENSE
**********
*********
*************
*************************
7-303
Failure to satisfy court judgment relating to property damage or personal injury resulting from the operation of any motor vehicle
m) Cancellation – Type Action 08
IVC VIOLATION CODE
EDPM
OFFENSE
CODE
ABSTRACT
DESCRIPTION
CODE
DESCRIPTION OF OFFENSE
**********
*********
*************
*************************
6-108(1)
108001
6 108 01
Request for withdrawal of consent
6-108(2)
108002
6 108 02
Death of person giving consent
6-108(3)
108003
6 108 03
Person giving consent no longer has legal custody
6-108(a)(5)
108105
6 108 A5
Failed to disclose a pending citation at the time of the graduated driver's license application
6-108(b)
108200
6108 B0
Violation of Cannabis Control Act/Illinois Controlled Substances Act
6-108(4)
108004
6 108 04
Reported to be a chronic or habitual truant as defined in Section 26-2a of the School Code [105 ILCS 5/26-2a]
6-113(d)
113400
6 113 D0
Cancellation of a Restricted Driving Permit based on evidence of violation of restriction
6-201(a)(1)
201101
6 201 A1
Not entitled to the issuance of the license or permit
6-201(a)(2)
201102
6 201 A2
Failed to give the required or correct information
6-201(a)(3)
201103
6 201 A3
Failed to pay fees owed to SOS for a driver's license or permit
6-201(a)(4)
201104
6 201 A4
Committed any fraud in the making of such application
6-201(a)(5)
201105
6 201 A5
Ineligible therefore under the provisions of Section 6-103
6-201(a)(6)
201106
6 201 A6
Has refused or neglected to submit to examination or re-examination as required under this Code
6-201(a)(7)
201107
6 201 A7
Has violated the Cannabis Control Act or the Illinois Controlled Substances Act while in physical control of a motor vehicle
6-201(a)(8)
201108
6 201 A8
Failed to notify Secretary of State of a medical condition that is likely to cause loss of consciousness or loss of ability to safely operate a motor vehicle within 10 days after becoming aware of the condition
6-201(a)(9)
201109
6 201 A9
Convicted of a sex offense as defined in the Sex Offender Registration Act [730 ILCS 150]
6-201(a)(10)
201110
6 201 A10
Driver is ineligible under Sections 6-107, 6-107.1 or 6-108
6-201(a)(11)
201111
6 201 A11
Refused or neglected to appear at a driver services facility to have a license corrected or failed to appear to present documentation for verification of identity
6-201(a)(12)
201112
6 201 A12
Fraudulent document or failed to submit medical card/variance
6-201(a)(13)
201113
6 201 A13
Medical Certification/variance removed by FMCSA
6-201(a)(14)
201114
6 201 A14
Failure of a CDL holder to self-certify as to the type of driving in which they'll be engaged
6-201(a)(15)
201115
6 201 A15
Out of state resident/SR22 not required
6-201(a)(16)
201116
6 201 A16
Conviction of fraud relating to CDL/CLP testing (CDL/CLP will be cancelled and no CDL/CLP will be issued for one year thereafter)
6-201(a)(17)
201117
6 201 A17
Failure of a restricted license-holder to submit required annual vision specialist report
6-201(a)(18)
201118
6 201 A18
Conviction/court supervision resulting from a restricted license-holder's violation of IVC (or being at fault in a motor vehicle crash) during nighttime hours
6-201 (a)(19)
201119
6 201 A19
Assisting an out-of-state resident in acquiring an Illinois DL/ID card by using one's own Illinois address of residence
6-205(c)(6)
205300
6 205 C6
Cancellation of a permit issued subsequent to a mandatory revocation pursuant to Section 6-205
6-206(c)(3)
206303
6 206 C3
Cancellation of a permit subsequent to a discretionary revocation or suspension pursuant to Section 6-206
6-206.1(a)(4)
206014
6 206.1 A4
Cancellation of a MDDP for Failure to install BAIID
6-206.1(c-1)
206013
6 206.1 C-1
De-installed BAIID without prior authorization from Secretary of State
ILLINOIS IDENTIFICATION CARD ACT
EDPM
OFFENSE
CODE
ABSTRACT
DESCRIPTION
CODE
DESCRIPTION OF OFFENSE
***************
*********
*************
*************************
13(b)(1)
013201
335-13 B1
Not entitled to the issuance of an identification card
13(b)(2)
013202
335-13 B2
False statement or knowingly concealed a material fact in your application for an identification card
13(b)(3)
013203
335-13 B3
Displayed or represented as your own an identification card not issued to you
13(b)(4)
013204
335-13 B4
Permitted an unlawful use of your identification card by allowing another person to use your identification card
13(b)(5)
013205
335-13 B5
Signature of the applicant was a forgery or the signature on the identification card is a forgery
13(b)(6)
013206
335-13 B6
Identification card has been used for an unlawful or fraudulent purpose
13(b)(7)
013207
335-13 B7
Identification card has been altered or defaced
13(b)(8)
013208
335-13 B8
Identification card has been duplicated for any purpose
13(b)(9)
013209
335-13 B9
Identification card was utilized for counterfeit purposes
13(b)(10)
013210
335-13 B10
Not a disabled person as defined in Section 4A of the Illinois Identification Card Act
13(b)(11)
013211
335-13 B11
The holder failed to appear at a Driver Services Facility for the re-issuance of an identification card or was issued based on invalid, altered, fictitious or fraudulent documents
n) Discretionary/Mandatory Cancellation/Suspension/Denial of School Bus Driver Permit – Type Action 45
IVC VIOLATION CODE
EDPM
OFFENSE
CODE
ABSTRACT
DESCRIPTION
CODE
DESCRIPTION OF OFFENSE
**********
*********
*************
*************************
6-106.1
106001
6 106 01
Discretionary/mandatory suspension/ cancellation/denial of a school bus driver permit pursuant to Section 6-106.1
6-106.1(a)
106011
Zero tolerance cancellation of school bus driver permit
o) Denial – Type Action DN
IVC VIOLATION CODE
EDPM
OFFENSE
CODE
ABSTRACT
DESCRIPTION
CODE
DESCRIPTION OF OFFENSE
**********
*********
*************
*************************
6-103(18)
Denial of driver's license and/or driving privileges based on adjudication under the Juvenile Court Act of 1987 for an offense in furtherance of organized gang activity and involved the use or operation of a motor vehicle or of a driver's license or permit
6-107(c)
Denial of driver's license and/or driving privileges if the applicant is under age 18 and convicted of driving without a valid license or permit, based on any offense that would result in a mandatory revocation, or has been convicted of a violation of the Cannabis Control Act, Illinois Controlled Substance Act, the Use of Intoxicating compounds Act, or Methamphetamine Control and Community Protection Act while in actual physical control of a motor vehicle
6-107(d)
Denial of driver's license for 9 months for anyone under the age of 18 who has been convicted of a moving violation, any violation of this Section, Section 6-107, or Section 12-603.1 of the IVC, or who has received a disposition of court supervision for a violation of Section 6-20 of the Illinois Liquor Control Act of 1934 or a similar local ordinance
6-108.1
Denial of driver's license pursuant to notification from a prosecuting entity that a person under age 18 has charges pending for a violation of the IVC, Criminal Code of 2012 or the Criminal Code of 1961 involving a crash resulting in Type-A injury or death
p) Discretionary/Mandatory Disqualification – Type Action DQ
IVC VIOLATION CODE
EDPM
OFFENSE
CODE
ABSTRACT
DESCRIPTION
CODE
DESCRIPTION OF OFFENSE
**********
*********
*************
*************************
6-514(a)(1)
514101
6 514 A1
Refusal to submit/failure to complete chemical test
6-514(a)(2)
514102
6 514 A2
Operating commercial motor vehicle/non-commercial motor vehicle with alcohol concentration .04 or more or any amount of a drug, substance, or compound in such person's blood, breath or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act or a controlled substance listed in the Illinois Controlled Substances Act or Methamphetamine Control and Community Protection Act
6-514(a)(3)(i)
514131
6 514 A31
Driving under influence of alcohol/other drugs
6-514(a)(3)(ii)
514132
6 514 A32
Leaving scene of a crash while operating commercial motor vehicle
6-514(a)(3)(iii)
514133
6 514 A33
Driving a commercial motor vehicle while committing any felony
6-514(a)(3)(iv)
514134
6 514 A3IV
Driving a CMV when, because of prior violations committed while operating a CMV, the driver's CDL is revoked, suspended, disqualified or cancelled
6-514(a)(3)(v)
514135
6 514 A3V
Causing a fatality through the negligent operation of a CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide
6-514(b)
514200
6 514 B
Second conviction of any violation of Section 6-514(a) (Lifetime disqualification)
6-514(c)
514300
6 514 C
Conviction of felony drug offenses using a commercial motor vehicle (Lifetime disqualification)
6-514(e)
514500
6-514 E
Conviction of 2 or more serious traffic violations within 3 years
6-514(i)(1)
514901
6-514 I1
Conviction for a first violation of operating a commercial motor vehicle while driving privileges, license or permit is subject to or in violation of an out-of-service order
6-514(i)(2)
514902
6 514 I2
Conviction for a second violation of operating a commercial motor vehicle while driving privileges, license or permit is subject to or in violation of an out-of-service order
6-514(i)(3)
514903
6 514 I3
Conviction for a third or more violation of operating a commercial motor vehicle while driving privileges, license or permit is subject to or in violation of an out-of-service order
6-514(i)(4)
514904
6 514 I4
Conviction for a first violation of operating a commercial motor vehicle while driving privileges, license, or permit is subject to or in violation of an out-of-service order and while transporting passengers or hazardous materials
6-514(i)(5)
514905
6 514 I5
Conviction for a second violation of operating a commercial motor vehicle while driving privileges, license or permit is subject to or in violation of an out-of-service order and while transporting passengers or hazardous materials
6-514(i)(6)
514906
6 515 I6
Conviction for a third or more violation of operating a commercial motor vehicle while driving privileges, license or permit is subject to or in violation of an out-of-service order and while transporting passengers or hazardous materials
6-514(j)(1)(i)
514011
6 515 J1
For drivers of a CMV who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train or railroad track equipment, as described in subsection (a-5) of Section 11-1201 of the IVC
6-514(j)(1)(ii)
514012
6 515 J2
For drivers of a CMV who are not required to always stop, failing to stop before reaching the crossing, if the tracks are not clear, as described in subsection (a-1) of Section 11-1201 of the IVC
6-514(j)(1)(iii)
514013
6 515 J3
For drivers of a CMV who are always required to stop, failing to stop before driving onto the crossing, as described in subsection (a-1) of Section 11-1202 of the IVC
6-514(j)(1)(vi)
51440016
6 515 J6
For all drivers of a CMV, failing to negotiate a crossing because of insufficient undercarriage clearance, as described in subsection (d-1) of Section 11-1201 of the IVC
6-514(j)(2)(i)
514021
6 514 J2i
Conviction for a first violation of railroad-highway grade crossing, as described in Section 6-514(j)(1)(i-vi) of the IVC, while driving a commercial motor vehicle
6-514(j)(2)(ii)
514022
6 514 J2ii
Conviction for a second violation of railroad-highway grade crossing, as described in Section 6-514(j)(1)(i-vi) of the IVC, within a three-year period while driving a commercial motor vehicle
6-514(j)(2)(iii)
514023
6 514 J2iii
Conviction of a third or subsequent violation of railroad-highway grade crossing, as described in Section 6-514(j)(1)(i-vi) of the IVC, within a three-year period while driving a commercial motor vehicle
6-514(k)
514110
6 514 K
Notification of a disqualification of a driver's CMV privileges imposed by USDOT, Federal Motor Carrier Safety Administration, in accordance with 49 CFR 383.52, the Secretary of State must immediately record the notice of disqualification and confirm the action to the driver
6-514(m)
514130
6514 M
Use of a CMV in the commission of a felony involving an act or practice of severe forms of trafficking
11-1201(a-1)(1)
120111
# 1201A11
Failure to stop while operating a CMV approaching a clearly visible electric or mechanical signal device giving warning of immediate approach of railroad train or railroad track equipment
11-1201(a-1)(2)
120102
#1201A12
Failure to stop when operating a CMV while approaching a crossing and gate is lowered or human flagman give or continues to give a signal of the approach of a railroad train or track equipment
11-1201(a-1)(3)
120103
#1201A13
Failure to stop while operating a CMV when railroad train or railroad track equipment approaching a highway crossing emits a warning signal and such railroad train or railroad track equipment by reason of its speed or nearness to such crossing is an immediate hazard
11-1201(a-1)(4)
120104
#1201A14
Failure to stop while operating a CMV and an approaching rail- road train or railroad track equipment is plainly visible and is in hazardous proximity to such crossing
11-1201(a-1)(5)
120105
#1201A15
Failure to stop while operating a CMV and a railroad train or railroad track equipment is approaching so closely that an immediate hazard is created
11-1201(a-5)
120115
# 1201 A5
For drivers of a commercial motor vehicle who are not always required to stop, failure to slow down and check that the tracks are clear of approaching train or railroad track equipment (serious traffic violation)
11-1201(d-1)
120141
# 1201 D1
For all drivers in a commercial motor vehicle, failure to negotiate a railroad-highway grade crossing because of insufficient undercarriage clearance (serious traffic violation)
q) Family Financial Responsibility Suspension – Type Action FR
IVC VIOLATION CODE
EDPM OFFENSE CODE
ABSTRACT DESCRIPTION CODE
DESCRIPTION OF OFFENSE
**********
*********
*************
*************************
7-702
702000
7 702 00
Individuals who are 90 days or more delinquent in court ordered child support payments and have been found in contempt by the court
7-703
Individuals who are 90 days or more delinquent in court ordered child support payment but not found in contempt
7-704.1
Individual certified by Illinois Department of Healthcare & Family Services as delinquent in child support payments
7-705.2
Receipt of court order indicating the driver is non-compliant with a child visitation order
r) Invalidation – Type Action IV
IVC VIOLATION CODE
EDPM OFFENSE CODE
ABSTRACT DESCRIPTION CODE
DESCRIPTION OF OFFENSE
**********
*********
*************
*************************
6-301.3
Invalidation of driver's license or permit pursuant to Section 6-301.3
s) Out-Of-Service – Law Enforcement Sanction History Item – Type Action OS
IVC VIOLATION CODE
EDPM OFFENSE CODE
ABSTRACT DESCRIPTION CODE
DESCRIPTION OF OFFENSE
**********
*********
*************
*************************
6-515
515000
6 515
24 hour out-of-service order
t) The following violations will not be assigned points but will be entered on the driving record as Type Action -68- record history item conviction. In the following Table, ACD means AAMVANet Code Dictionary.
ACD
CODE
DESCRIPTION OF OFFENSE
************
************************************************************
A24
Driving under the influence of medication not intended to intoxicate
A33
Illegal possession of drugs (controlled substances)
A60
Underage conviction of drinking and driving at .02 or higher BAC
A61
Underage Administrative Per Se – drinking and driving at .02 or higher BAC
B63
Failed to file future proof of financial responsibility
B64
Failed to file insurance certification
B65
Failed to file medical/certification disability information
B74
Failed to show insurance certification (retired 11-30-2018)
B78
Failed to show non-commercial driver's license (includes Instruction Permit)
D02
Misrepresentation of identity or other facts on application, including required self-certifications, for non-commercial permit or license
D16
Present or use improperly – Driver's license (includes DL, CDL, and Instruction Permit)
D35
Failure to comply with financial responsibility law
D36
Failure to maintain required liability insurance
D37
Failure to pay for damages or make installment payment
D38
Failure to post security or obtain release from liability
D39
Unsatisfied judgment
D45
Failure to appear for trial or court appearance
D51
Failure to make required payment of child support
D53
Failure to make required payment of fines and costs
D56
Failure to answer a citation, pay fines, penalties and/or costs related to the original violation
D72
Inability to control vehicle
D74
Operating a motor vehicle improperly due to drowsiness
D75
Operating a motor vehicle improperly due to physical or mental disability
E03
Operating without HAZMAT safety equipment as required by law
E04
Operating without HAZMAT placards/markings as required by law
E37
Defective tires (Retired 09-01-13)
E50
Failure to use equipment as required
E53
Failure to use HAZMAT safety devices as required
E54
Failure to use headlight dimmer as required (arrests occurring after 12-31-07)
E57
Failure to use snow tires or chains as required
E70
Equipment used improperly or obstructed
F05
Carrying unsecured passengers in open area of vehicle
F06
Improper operation of or riding on a motorcycle
F34
Stopping, standing, or parking; obstructing or impeding traffic with a motor vehicle
F66
Unsafe condition of vehicle (no specified component) (Retired 09-01-13)
M02
Failure to obey barrier
M03
Failure to obey construction or maintenance zone markers
M04
Failure to obey flagger
M09
Failure to obey railroad crossing restrictions not specifically noted in other railroad highway grade crossing related codes
M13
Failure to obey school crossing guard
M32
Following emergency vehicle unlawfully
M33
Following fire equipment unlawfully
M43
Ran off road
M47
Improper lane or location – in bicycle lane
M55
Improper lane or location – on rail or streetcar tracks
M80
Inattentive/distracted, careless, or negligent driving
M81
Careless driving
M82
Inattentive/distracted driving
M83
Negligent driving
N02
Failure to yield right of way to animal rider or animal-drawn vehicle
N41
Failure to cancel directional signals
N44
Giving wrong signal
N80
Coasting (operating with gears disengaged)
N84
Unsafe operation
S97
Operating at erratic or suddenly changing speeds
U02
Resisting arrest while operating a motor vehicle
U04
Using a motor vehicle in connection with a misdemeanor (not a traffic offense)
U05
Using a motor vehicle to aid and abet a felon
U06
Vehicular assault
U21
Illegal operation of emergency vehicle
W80
Failed employer-directed drug test
W81
Refusal to submit to an employer-directed drug test
u) The following violations will not be assigned points but will be entered on the driving record as Type Action -82- conviction immediate action:
ACD
CODE
DESCRIPTION OF OFFENSE
************
************************************************************
A04
Driving a CMV under the influence of alcohol with BAC of at least .04 but not greater than .079
A08
Driving under the influence of alcohol with BAC at or over .08
A10
Driving under the influence of alcohol with BAC at or over .10
A11
Driving under the influence of alcohol with BAC at _____
A12
Refuse to submit to test for alcohol – Implied Consent Law
A20
Driving under the influence of alcohol or drugs
A21
Driving under the influence of alcohol
A22
Driving under the influence of drugs
A23
Driving under the influence of alcohol and drugs
A25
Driving while impaired
A90
Admin Per Se for BAC at or over .10
A91
Admin Per Se for BAC at (detail field required)
A94
Admin Per Se for BAC of at least .04 but not greater than .079 while operating a CMV
A95
Admin Per Se for Drugs
A98
DUI at .08 Admin
B21
Driving while license barred
B22
Driving while license cancelled
B23
Driving while license denied
B27
Violating a driver or vehicle out-of-service order in a CMV (for violations not covered by B19)
D06
Misrepresentation of identify or other facts to obtain alcohol
D07
Possess multiple driver's licenses (including DL, CDL and Instruction Permit) (Serious violation)
D10
Manufacture or duplicate false driver's license (includes DL, CDL and Instruction Permit)
D27
Violate limited license conditions (Serious violation)
D29
Violate restrictions of driver's license (includes DL, CDL and Instruction Permit) (Serious violation)
S95
Speed contest (racing) on road open to traffic
v) The following violations will not be assigned points but will be entered on the driving record as Type Action -83- conviction immediate action:
ACD
CODE
DESCRIPTION OF OFFENSE
***********
************************************************************
A41
Driver violation of ignition interlock or immobilization device and/or lease agreement
A50
Motor vehicle used in the commission of a felony involving manufacturing, distribution, or dispensing a controlled substance
B06
Leaving scene of a crash before police arrive – fatal crash
B07
Leaving scene of a crash before police arrive – personal injury crash
B19
Violating a driver or vehicle out-of-service order while transporting hazardous materials as defined in 49 CFR 383.5 or operating a vehicle designed to transport 16 or more passengers, including the driver
B20
Driving while license withdrawn
B24
Driving while license disqualified
B25
Driving while license revoked
B26
Driving while license suspended
B41
Possess or provide counterfeit or altered driver's license (includes DL, CDL and Instruction Permit) or ID
B51
Expired or no non-commercial driver's license or permit
B56
Driving a CMV without obtaining a CLP/CDL (Serious violation)
B91
Driving without the proper class and/or endorsements on commercial or non-commercial permit or license for the specific vehicle group being operated or for the passengers or type of cargo being transported (Serious violation)
D30
Misrepresentation of identity or other facts on application, including self-certifications for CLP and CDL; to satisfy the requirement in 49 CFR 383.73(j)
D31
Fraud related to the issuance of a CLP or CDL; to satisfy the provisions in 49 CFR 383.73(k)(1)
D78
Perjury about the operation of a motor vehicle
M23
Failure to have space to drive in a CMV through railroad crossing without stopping
U01
Fleeing or evading police or roadblock
U03
Using a motor vehicle in connection with a felony (not traffic offense)
U07
Vehicular homicide
U08
Vehicular manslaughter (Serious violation)
U09
Negligent homicide while operating a CMV
U10
Causing a fatality through the negligent operation of a CMV
U11
Using a CMV for severe forms of human trafficking (eff. 11-01-20)
U27
Vehicular feticide (first degree)
U28
Vehicular feticide (second degree)
w) The following violations will not be assigned points but will be entered on the driving record as Type Action -85- conviction:
ACD
CODE
DESCRIPTION OF OFFENSE
***********
************************************************************
B61
Failed to file crash report
D70
Driver's view obstructed
E01
Operating without equipment as required by law
E23
Use of radar or laser detector prohibited by law
E34
Defective lights (Retired 09-01-13)
E54
Failure to use headlight dimmer as required (arrests occurring prior to 1-1-08)
F02
Child or youth restraint not used properly as required
F04
Seat belt not used properly as required
M30
Following improperly
M56
Improper lane or location – on fire hose
N05
Failure to yield right of way to funeral procession, other procession or parade
x) The following point assigned violations will be entered on the driving record as Type Action -87- conviction:
ACD
CODE
DESCRIPTION OF OFFENSE
POINTS
************
**************************************************
**********
A26
Drinking alcohol while operating a vehicle
25
A31
Illegal possession of alcohol
25
A35
Possession of open alcohol container while operating a motor vehicle
25
B01
Hit and run – failure to stop and render aid after crash
25
B02
Hit and run – failure to stop and render aid after crash – fatal crash
50
B03
Hit and run – failure to stop and render aid after crash – personal injury crash
50
B04
Hit and run – failure to stop and render aid after crash – property damage crash
25
B05
Leaving scene of crash before police arrive
25
B08
Leaving scene of crash before police arrive – property damage crash
25
B14
Failure to reveal identity after fatal or personal injury crash
50
B57
Driving a CMV without a CLP or CDL in the driver's possession
50
E02
Operating without brakes as required by law
20
E05
Operating without lights as required by law
10
E06
Operating without school bus equipment as required by law
5
E31
Defective brakes (Retired 09-01-13)
20
E36
Defective school bus equipment (Retired 09-01-13)
5
E51
Failure to use brakes
20
E55
Failure to use lights as required
10
E56
Failure to use school bus safety equipment as required
5
E71
Brakes used improperly
20
F03
Motorcycle safety equipment not used properly as required
5
M05
Failure to obey land markings or signal
20
M08
Failure to obey police of peace officer
10
M10
Failure to obey a traffic control device or the directions of an enforcement official at a railroad-highway grade crossing in a CMV
20
M11
Failure to obey restricted lane (Serious violation)
20
M12
Failure to obey safety zone
20
M14
Failure to obey sign or traffic control device
20
M15
Failure to obey stop sign
20
M16
Failure to obey traffic signal or light
20
M17
Failure to obey traffic sign
20
M18
Failure to obey warning light or flasher
20
M19
Failure to obey yield sign, or when entering roadway
20
M20
Failure to slow down at a railroad crossing and check tracks are clear in a CMV
20
M21
Failure to stop before reaching tracks at a railroad-highway grade crossing when the tracks are not clear in a CMV that is not always required to stop
20
M22
Failure to stop as required before driving onto a railroad-highway grade crossing in a CMV that is always required to stop
20
M23
Failing to have sufficient space to drive in a CMV completely through the railroad-highway grade crossing without stopping
20
M24
Failure to negotiate a railroad-highway grade crossing because of insufficient undercarriage clearance in a CMV
20
M25
Failure to stop; basic rule at unsigned intersection or when entering roadway from private driveway, alley, etc.
20
M31
Failure to leave sufficient distance for overtaking by other vehicles
20
M34
Following too closely (Serious violation)
20
M40
Improper lane or location
20
M41
Failure to keep in proper lane
20
M42
Improper or erratic (unsafe) lane changes (Serious violation)
20
M44
Improper lane or location – crossover
20
M45
Improper lane or location – crosswalk
20
M46
Improper lane or location – entrance/exit ramp or way
10
M48
Improper lane or location – in occupied lane
20
M49
Improper lane or location – in human occupant violator or restricted lane
20
M50
Improper lane or location – limited access highway
10
M51
Improper lane or location – median
20
M57
Improper lane or location – oncoming traffic lane
20
M58
Improper lane or location – road shoulder, ditch, or sidewalk
20
M60
Improper lane or location – slower vehicle lane
20
M61
Improper lane or location – straddling center lines
20
M62
Improper lane or location – traveling in turn (or center) lane
20
M70
Improper passing
10
M71
Passing in violation of posted sign or pavement marking
20
M72
Passing in violation of opposite directions restrictions
10
M73
Passing on wrong side
20
M74
Passing on hill or curve
20
M75
Passing school bus displaying warning not to pass
25
M76
Passing where prohibited
20
M77
Passing with insufficient distance or visibility
20
M84
Reckless driving (Serious violation)
55
M85
Texting while driving (Serious violation)
10
M86
Violating prohibitions on using a handheld mobile telephone or other electronic mobile device while driving (Serious violation)
10
N01
Failure to yield right of way
20
N03
Failure to yield right of way to cyclist
10
N04
Failure to yield right of way to emergency vehicle (i.e., ambulance, fire equipment, police, etc.)
15
N06
Failure to yield right of way to another vehicle
20
N07
Failure to yield right of way to overtaking vehicle
20
N08
Failure to yield right of way to pedestrian (includes handicapped or blind)
20
N09
Failure to yield right of way to school bus
20
N20
Failure to yield right of way at crosswalk
20
N21
Failure to yield right of way at rotary/roundabout/circular intersection
20
N22
Failure to yield right of way at stop sign
20
N23
Failure to yield right of way at traffic sign
20
N24
Failure to yield right of way at traffic signal
20
N25
Failure to yield right of way at unsigned intersection
15
N26
Failure to yield right of way at yield sign
20
N30
Failure to yield right of way when warning displayed on another vehicle
15
N31
Failure to yield right of way when turning
20
N40
Failure to use or improper signal
15
N42
Failure to signal intention to pass
15
N43
Failure to signal lane change or turn
15
N50
Improper turn
10
N51
Improper method of turning
10
N52
Improper position for turning
10
N53
Making improper left turn
10
N54
Making improper right turn
10
N55
Making improper turn around (not U turn)
10
N56
Making improper U turn
20
N60
Driving wrong way
5
N61
Driving wrong way at rotary/roundabout/circular intersection
5
N62
Driving wrong way on divided highway
5
N63
Driving wrong way on one way street or road
5
N70
Driving on wrong side
20
N71
Driving on wrong side of divided highway
20
N72
Driving on wrong side of undivided street or road
20
N82
Improper backing
10
N83
Improper start from a parked position
15
S01
01-05 >Regulated or posted speed limit (detail optional)
5
S06
06-10 >Regulated or posted speed limit (detail optional)
5
S14
11-14 >Regulated or posted speed limit
15
S15
Speeding 15 mph or more above the regulated or posted speed limit (detail optional) (Serious violation)
20
S16
16-20 >Regulated or posted speed limit (detail optional) (Serious violation)
20
S21
21-25 >Regulated or posted speed limit (detail optional) (Serious violation)
20
S26
26-30 >Regulated or posted speed limit (detail optional) (Serious violation)
50
S31
31-35 >Regulated or posted speed limit (detail optional) (Serious violation)
50
S36
36-40 >Regulated or posted speed limit (detail optional) (Serious violation)
50
S41
41 >Regulated or posted speed limit (detail optional) (Serious violation)
50
S51
01-10 >Regulated or posted speed limit (detail optional)
5
S71
21-30 >Regulated or posted speed limit (detail optional) (Serious violation)
20
S81
31-40 >Regulated or posted speed limit (detail optional) (Serious violation)
50
S91
41 >Regulated or posted speed limit (detail optional) (Serious violation)
50
S92
Speeding – Regulated or posted speed limit and actual speed (detail required)
10
S93
Speeding
10
S94
Prima facie speed violation or driving too fast for conditions
10
S96
Speed less than minimum
5
S98
Speeding on freeway (wasting fuel)
10
U31
Violation resulting in fatal crash (Serious violation)
20
y) The following withdrawals will not be assigned points but will be entered on the driving record as Type Action -89- withdrawal:
ACD
CODE
DESCRIPTION OF OFFENSE
************
*************************************************************
A04
Driving or operating a motor vehicle under the influence of alcohol with BAC at or over .04 but not greater than .079
A08
Driving or operating a motor vehicle under the influence of alcohol with BAC at or over .08
A10
Driving under the influence of alcohol with BAC at or over .10
A11
Driving under the influence of alcohol with BAC at or over _____ (detail field required)
A12
Refused to submit to test for alcohol-Implied Consent Law
A20
Driving under the influence of alcohol or drugs
A21
Driving under the influence of alcohol
A22
Driving under the influence of drugs
A23
Driving under the influence of alcohol and drugs
A24
Driving under the influence of medication not intended to intoxicate
A25
Driving while impaired
A26
Drinking alcohol while operating a vehicle
A31
Illegal possession of alcohol
A33
Illegal possession of drugs (controlled substances)
A35
Possession of open alcohol container while operating a motor vehicle
A41
Driver violation of ignition interlock or immobilization device and/or lease agreement
A50
Motor vehicle used in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance
A60
Underage convicted of drinking and driving at .02 or higher BAC
A61
Underage Administrative Per Se – drinking and driving at .02 or higher BAC
A90
DUI at .10 (Admin)
A91
Administrative Per Se for blood alcohol concentration at ___
A94
Administrative Per Se for BAC of at least .04 but not greater than .079 while operating a CMV (Admin)
A98
Administrative Per Se for BAC over .08
B01
Hit and run – failure to stop and render aid after crash
B02
Hit and run – failure to stop and render aid after crash – fatal crash
B03
Hit and run – failure to stop and render aid after crash – personal injury crash
B04
Hit and run – failure to stop and render aid after crash – property damage crash
B05
Leaving crash scene before police arrive
B06
Leaving crash scene before police arrive – fatal crash
B07
Leaving crash scene before police arrive – personal injury crash
B08
Leaving crash scene before police arrive – property damage crash
B14
Failure to reveal identity after fatal or personal injury crash
B19
Violating a driver or vehicle out-of-service order while transporting hazardous materials as defined in 49 CFR 383.5 or operating a vehicle designed to transport 16 or more passengers, including the driver
B20
Driving while license withdrawn
B21
Driving while license barred
B22
Driving while license cancelled
B23
Driving while license denied
B24
Driving while license disqualified
B25
Driving while license revoked
B26
Driving while license suspended
B27
Violating a driver or vehicle out-of-service order in a CMV (for violations not covered by B19)
B41
Possess or provide counterfeit or altered driver's license (includes DL, CDL and Instruction Permit) or ID
B51
Expired or no non-commercial driver's license or permit
B56
Driving a CMV without obtaining a CLP/CDL
B57
Driving a CMV without a CLP or CDL in the driver's possession
B61
Failed to file crash report
B63
Failed to file future proof of financial responsibility
B64
Failed to file insurance certification
B65
Failed to file medical certification/disability information
B74
Failed to show insurance certification
B78
Failed to show non-commercial driver's license (includes Instruction Permit)
B91
Driving without the proper class and/or endorsements on commercial or non-commercial permits or license for the specific vehicle group being operated or for the passengers or type of cargo being transported (Serious violation)
D02
Misrepresentation of identity or other facts on application, including required self-certifications, for non-commercial permit or license
D06
Misrepresentation of identity or other facts to obtain alcohol
D07
Possess multiple driver's licenses (includes DL, CDL and Instruction Permit)
D10
Manufacture or duplicate false driver's license (includes DL, CDL and Instruction Permit)
D16
Present or use improperly – driver's license (includes DL, CDL and Instruction Permit)
D27
Violate limited license conditions
D29
Violate restrictions of driver's license (includes DL, CDL and Instruction Permit)
D30
Misrepresentation of identity or other facts on application, including self-certifications for CLP or CDL; to satisfy the requirement in 49 CFR 383.73(j)
D31
Fraud related to the issuance of a CDP or CDL; to satisfy the provisions in 49 CFR 383.73(k)(1)
D35
Failure to comply with financial responsibility law
D36
Failure to maintain required liability insurance
D37
Failure to pay for damages or make installment payment
D38
Failure to post security or obtain release from liability
D39
Unsatisfied judgment
D45
Failure to appear for trial or court appearance
D51
Failure to make required payment of child support
D53
Failure to make required payment of fines and costs
D56
Failure to answer a citation, pay fines, penalties and/or costs related to the original violation
D70
Driver's view obstructed
D72
Inability to control vehicle
D74
Operating a motor vehicle improperly because of drowsiness
D75
Operating a motor vehicle improperly due to physical or mental disability
D78
Perjury about the operation of a motor vehicle
E01
Operating without equipment as required by law
E02
Operating without brakes as required by law
E03
Operating without HAZMAT safety equipment as required by law
E04
Operating without HAZMAT placards/markings as required by law
E05
Operating without lights as required by law
E06
Operating without school bus equipment as required by law
E23
Use of radar or laser detector prohibited by law
E31
Defective brakes (Retired 09-01-13)
E34
Defective lights (Retired 09-01-13)
E36
Defective school bus equipment (Retired 09-01-13)
E37
Defective tires (Retired 09-01-13)
E50
Failure to use equipment as required
E51
Failure to use brakes
E53
Failure to use HAZMAT safety devices as required
E55
Failure to use lights as required
E56
Failure to use school bus safety equipment as required
E57
Failure to use snow tires or chains as required
E70
Equipment used improperly or obstructed
E71
Brakes used improperly
F02
Child or youth restraint not used properly as required
F03
Motorcycle safety equipment not used properly as required
F04
Seat belt not used properly as required
F05
Carrying unsecured passengers in open area of vehicle
F06
Improper operation of or riding on a motorcycle
F34
Stopping, standing, or parking: obstructing or impeding traffic with a motor vehicle
F66
Unsafe condition of vehicle (no specified component) (Retired 09-01-13)
M02
Failure to obey barrier
M03
Failure to obey construction or maintenance zone markers
M04
Failure to obey flagger
M05
Failure to obey lane markings or signal
M08
Failure to obey police or peace officer
M09
Failure to obey railroad highway traffic crossing restrictions not specifically noted in other railroad highway grade crossing related codes
M10
Failure to obey railroad gates, signs, signals, or an enforcement official in a CMV
M11
Failure to obey restricted lane
M12
Failure to obey safety zone
M13
Failure to obey school crossing guard
M14
Failure to obey sign or traffic control device
M15
Failure to obey stop sign
M16
Failure to obey traffic signal or light
M17
Failure to obey traffic signal
M18
Failure to obey warning light or flasher
M19
Failure to obey yield sign
M20
Failure to slow down at a railroad-highway grade crossing and check that tracks are clear in a CMV that is not always required to stop
M21
Failure to stop before reaching tracks at a railroad-highway grade crossing when the tracks are not clear in a CMV that is not always required to stop
M22
Failure to stop as required before driving onto railroad-highway grade crossing in a CMV that is always required to stop
M23
Failure to have sufficient space to drive in a CMV completely through the railroad-highway grade crossing without stopping
M24
Failure to negotiate a railroad-highway grade crossing because of insufficient undercarriage clearance in a CMV
M25
Failure to stop; basic rule at unsigned intersection or when entering roadway from private driveway, alley, etc.
M30
Following improperly
M31
Failure to leave sufficient distance for overtaking by other vehicles
M32
Following emergency vehicle unlawfully
M33
Following fire equipment unlawfully
M34
Following too closely
M40
Improper lane or location
M41
Failure to keep in proper lane
M42
Improper or erratic (unsafe) lane changes
M43
Ran off road
M44
Improper lane or location – crossover
M45
Improper lane or location – crosswalk
M46
Improper lane or location – entrance/exit ramp or way
M47
Improper lane or location – in bicycle lane
M48
Improper lane or location – in occupied lane
M49
Improper lane or location – in human occupant violator or restricted lane
M50
Improper lane or location – limited access highway
M51
Improper lane or location – median
M55
Improper lane or location – on rail or streetcar tracks
M56
Improper lane or location – on fire hose
M57
Improper lane or location – oncoming traffic lane
M58
Improper lane or location – road shoulder, ditch or sidewalk
M60
Improper lane or location – slower vehicle lane
M61
Improper lane or location – straddling center lines
M62
Improper lane or location – traveling in turn (or center) lane
M70
Improper passing
M71
Passing in violation of posted sign or pavement marking
M72
Passing in violation of opposite directions restriction
M73
Passing on wrong side
M74
Passing on hill or curve
M75
Passing school bus displaying warning not to pass
M76
Passing where prohibited
M77
Passing with insufficient distance or visibility
M80
Inattentive/distracted, careless or negligent driving
M81
Careless driving
M82
Inattentive/distractive driving
M83
Negligent driving
M84
Reckless driving
M85
Texting while driving
M86
Violating prohibitions on using a handheld mobile telephone or other electronic mobile device while driving (Serious violations)
N01
Failure to yield right of way
N02
Failure to yield right of way to animal rider or animal drawn vehicle
N03
Failure to yield right of way to cyclist
N04
Failure to yield right of way to emergency vehicle (i.e., ambulance, fire equipment, police, etc.)
N05
Failure to yield right of way to funeral procession, procession, or parade
N06
Failure to yield right of way to another vehicle
N07
Failure to yield right of way to overtaking vehicle
N08
Failure to yield right of way to pedestrian (includes handicapped or blind)
N09
Failure to yield right of way to school bus
N20
Failure to yield right of way at crosswalk
N21
Failure to yield right of way at rotary/roundabout/circular intersection
N22
Failure to yield right of way at stop sign
N23
Failure to yield right of way at traffic sign
N24
Failure to yield right of way at traffic signal
N25
Failure to yield right of way at unsigned intersection
N26
Failure to yield right of way at yield sign
N30
Failure to yield right of way when warning displayed on other vehicle
N31
Failure to yield right of way when turning
N40
Failure to use signal or improper signal
N41
Failure to cancel directional signals
N42
Failure to signal intention to pass
N43
Failure to signal lane change
N44
Giving wrong signal
N50
Improper turn
N51
Improper method of turning
N52
Improper position for turning
N53
Making improper left turn
N54
Making improper right turn
N55
Making improper turn around (not U turn)
N56
Making improper U turn
N60
Driving wrong way
N61
Driving wrong way at rotary/roundabout/circular intersection
N62
Driving wrong way on divided highway
N63
Driving wrong way on one way street or road
N70
Driving on wrong side
N71
Driving on wrong side of divided highway
N72
Driving on wrong side of undivided street or road
N80
Coasting (operating with gears disengaged)
N82
Improper backing
N83
Improper start from parked position
N84
Unsafe operations
S01
01-05 >Regulated or posted speed limit (detail optional)
S06
06-10 >Regulated or posted speed limit (detail optional)
S14
11-14 >Regulated or posted speed limit
S15
Speeding 15 mph or more above the regulated or posted speed limit (detail optional) (Serious violation)
S16
16-20 >Regulated or posted speed limit (detail optional) (Serious violation)
S21
21-25 >Regulated or posted speed limit (detail optional) (Serious violation)
S26
26-30 >Regulated or posted speed limit (detail optional) (Serious violation)
S31
31-35 >Regulated or posted speed limit (detail optional) (Serious violation)
S36
36-40 >Regulated or posted speed limit (detail optional) (Serious violation)
S41
41 >Regulated or posted speed limit (detail optional) (Serious violation)
S51
01-10 >Regulated or posted speed limit (detail optional)
S71
21-30 >Regulated or posted speed limit (detail optional)
S81
31-40 >Regulated or posted speed limit (detail optional) (Serious violation)
S91
41 >Regulated or posted speed limit (detail optional)
S92
Speeding – Regulated or posted speed limit and actual speed (detail required)
S93
Speeding
S94
Prima facie speed violation or driving too fast for conditions
S95
Speed contest (racing) on road open to traffic
S96
Speed less than minimum
S97
Operating at erratic or suddenly changing speeds
S98
Speeding or freeway (wasting fuel)
U01
Fleeing or evading police or roadblock
U02
Resisting arrest while operating a motor vehicle
U03
Using motor vehicle in connection with a felony (not traffic offense)
U04
Using a motor vehicle in connection with a misdemeanor (not traffic offense)
U05
Using a motor vehicle to aid and abet a felon
U06
Vehicular assault
U07
Vehicular homicide
U08
Vehicular manslaughter
U09
Negligent homicide while operating a CMV
U10
Causing a fatality through the negligent driving or operation of a CMV
U21
Illegal operation of emergency vehicle
U27
Vehicular feticide (first degree)
U28
Vehicular feticide (second degree)
U31
Violation resulting in fatal crash
W00
Withdrawal, non-ACD violation
W01
Accumulation of convictions (including point systems and/or being judged a habitual offender or violator)
W09
Failure to surrender hazmat endorsement as required by the USA Patriot Act
W13
Parental consent withdrawn
W14
Physical or mental disability
W15
Physician's or specialist's report recommended
W20
Unable to pass DL tests or meet qualifications
W27
Fail to make appointment to re-test within 30 days when fraud is suspected to satisfy provisions in 49 CFR 383.73(k)(2)
W28
Failure to re-test or fail tests when fraud is suspected to satisfy provisions of 49 CFR 383.73(k)(2)
W30
2 serious violations within 3 years
W31
3 serious violations within 3 years
W40
The accumulation of 2 or more major offenses
W41
An additional major offense after reinstatement
W45
Withdrawn for driving a CMV while disqualified for previous violations in a CMV
W50
The accumulation of two out-of-service general violations within 10 years
W51
The accumulation of two convictions for out-of-service order violations within 10 years when the second is while operating a vehicle designed to transport 16 or more passengers, including the driver, and/or transporting hazardous materials as defined in 49 CFR 383.5 that require a placard
W52
The accumulation of three or more out-of-service order violations within 10 years
W60
Accumulation of two railroad-highway grade crossing violations within a 3 year period
W61
Accumulation of three or more railroad-highway grade crossing violations in a 3 year period
W70
Imminent hazard
W72
Suspended pending final disposition
W80
Failed employer-directed drug test
W81
Refusal to submit to an employer-directed drug test
W82
Failure to surrender license or permit
**History**
- *Source: Amended at 50 Ill. Reg. 4405, effective March 4, 2026*
## **Chapter II** Secretary of State
### **Part 1040** Cancellation, Revocation or Suspension of Licenses or Permits
##### **92 Ill. Adm. Code 1040.25** Suspension or Revocation for Driving Without a Valid Driver's License {#sec-1040.25 omnilex-key=us-il-regs-official--title-92--1040.25}
a) When considering prior convictions, only convictions for driving without a valid driver's license within seven years prior to the arrest date of the incoming conviction shall be considered.
b) Only those suspensions or revocations cleared within seven years prior to the effective date of the forthcoming suspension or revocation shall be considered as prior suspensions or revocations. Cleared miscellaneous suspensions shall not be considered prior suspensions for purposes of this Section.
c) Miscellaneous suspensions that have not been cleared shall be counted as a prior suspension if the arrest date of the conviction for driving without a valid license occurred after the effective date of the miscellaneous suspension and if the miscellaneous suspension is in full force and effect upon entry of the suspension or revocation for driving without a valid driver's license.
d) A person shall have his/her driving privileges suspended or revoked by the Department if he/she is convicted of driving without a valid driver's license and has not been issued a valid Illinois driver's license on or prior to the date of conviction for the violation of driving without a valid license.
e) If a person has no prior suspension or revocation and a conviction for driving without a valid driver's license, the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
2-month Suspension
2nd Conviction
4-month Suspension
3rd Conviction
6-month Suspension
4th Conviction
12-month Suspension
5th or subsequent Conviction
Revocation
f) If a person has one prior suspension or revocation (excluding miscellaneous suspensions) and a conviction for driving without a valid driver's license, the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
4-month Suspension
2nd Conviction
6-month Suspension
3rd Conviction
12-month Suspension
4th or subsequent Conviction
Revocation
g) If a person has two prior suspensions or revocations or any combination thereof (excluding miscellaneous suspensions) and a conviction for driving without a valid driver's license, the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
6-month Suspension
2nd Conviction
12-month Suspension
3rd or subsequent Conviction
Revocation
h) If a person has three prior suspensions or revocations or any combination thereof (excluding miscellaneous suspensions) and a conviction for driving without a valid driver's license, the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
12-month Suspension
2nd or subsequent Conviction
Revocation
i) If a person has four or more prior suspensions or revocations or any combination thereof (excluding miscellaneous suspensions) and a conviction for driving without a valid driver's license, the Department shall enter an order of revocation.
j) If a conviction for driving without a valid driver's license shows an arrest date during a period of revocation that is in effect, the revocation shall be extended for one year from the date of the conviction or one year from the latest projected eligibility date on record whichever is the longer period of time. If a conviction for driving without a valid driver's license shows an arrest date during a period of suspension (excluding all miscellaneous suspensions except curfew and night time driving restriction suspensions) that is still in effect, the suspension shall be extended for the same amount of time as the originally imposed suspension in accordance with IVC Section 6-303.
k) If a person has a miscellaneous suspension (excluding curfew and night time driving restriction suspensions) that is in effect, has no prior suspensions or revocations and a conviction for driving without a valid driver's license, with an arrest date during the miscellaneous suspension, the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
4-month Suspension
2nd Conviction
6-month Suspension
3rd Conviction
12-month Suspension
4th or subsequent Conviction
Revocation
l) If a person has a miscellaneous suspension (excluding curfew and night time driving restriction suspensions) that is in effect, has one prior suspension or revocation and a conviction for driving without a valid driver's license, with an arrest date during the miscellaneous suspension, the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
6-month Suspension
2nd Conviction
12-month Suspension
3rd or subsequent Conviction
Revocation
m) If a person has a miscellaneous suspension (excluding curfew and night time driving restriction suspensions) that is in effect, has two prior suspensions or revocations or any combination thereof and a conviction for driving without a valid driver's license, with an arrest date during the miscellaneous suspension, the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
12-month Suspension
2nd or subsequent Conviction
Revocation
n) If a person has a miscellaneous suspension (excluding curfew and night time driving restriction suspensions) that is in effect, has three or more prior suspensions or revocations or any combination thereof and a conviction for driving without a valid driver's license, with an arrest date during the miscellaneous suspension, the Department shall enter an order of revocation.
o) If a person has a suspension in effect pursuant to IVC Section 6-206(a)(19) or (a)(6) and receives a subsequent conviction for driving without a valid driver's license, the suspension shall be amended in accordance with the guidelines of this Section.
**History**
- *Source: Amended at 33 Ill. Reg. 2603, effective January 22, 2009*
##### **92 Ill. Adm. Code 1040.28** Suspension or Revocation for Traffic Offense Committed by a Person Under the Age of 21 Years After a Prior Suspension Under Part 1040.29 {#sec-1040.28 omnilex-key=us-il-regs-official--title-92--1040.28}
When a person has been convicted of a point assigned traffic violation and the arrest date was prior to the age of 21, the Department shall take the following action:
a) If a person's driving record indicates one or more terminated suspensions in accordance with IVC Section 6-206(a)(36) and an additional conviction is received, a six-month suspension shall be entered to the driving record in accordance with IVC Section 6-206(a)(43) prior to January 1, 2009, or IVC Section 6-206(a)(44) after December 31, 2008.
b) If a person's driving record indicates one open, pending or terminated suspension in accordance with IVC Section 6-206(a)(43) prior to January 1, 2009, or IVC Section 6-206(a)(44) after December 31, 2008 and an additional conviction is received, a 12-month suspension shall be entered to the driving record in accordance with Section 6-206(a)(43) prior to January 1, 2009, or IVC Section 6-206(a)(44) after December 31, 2008.
c) If a person's driving record indicates two open, pending or terminated suspensions in accordance with IVC Section 6-206(a)(43) prior to January 1, 2009, or IVC Section 6-206(a)(44) after December 31, 2008 and an additional conviction is received, a revocation shall be entered to the driving record in accordance with Section 6-206(a)(43) prior to January 1, 2009, or IVC Section 6-206(a)(44) after December 31, 2008.
d) If a person's driving record indicates one or more, pending or terminated revocations in accordance with IVC Section 6-206(a)(43) prior to January 1, 2009, or IVC Section 6-206(a)(44) after December 31, 2008 and an additional conviction is received, a revocation shall be entered to the driving record in accordance with Section 6-206(a)(43) prior to January 1, 2009, or IVC Section 6-206(a)(44) after December 31, 2008.
e) If a person's driving record indicates one or more terminated revocations in accordance with IVC Section 6-206(a)(36) and an additional conviction is received, a revocation shall be entered to the driving record in accordance with IVC Section 6-206(a)(43) prior to January 1, 2009, or IVC Section 6-206(a)(44) after December 31, 2008.
**History**
- *Source: Amended at 33 Ill. Reg. 9801, effective June 25, 2009*
##### **92 Ill. Adm. Code 1040.29** Suspension or Revocation for Two or More Traffic Offenses Committed Within 24 Months by a Person Under the Age of 21 {#sec-1040.29 omnilex-key=us-il-regs-official--title-92--1040.29}
A person who has been convicted of two or more points assigned traffic offenses, as listed in Section 1040.20 (Type Action 87, 97 or 99), excluding any conviction previously used as a basis for suspension/revocation action, that were committed on or after January 1, 1998, while the person was under the age of 21, within a 24-month period, shall be identified by the Department for review for possible driver's license and driving privilege suspension or revocation pursuant to IVC Section 6-206(a)(36) (prior to 7/30/1998 authority was 6-206(a)(34)), provided no more than six months have elapsed between the effective date of the suspension or revocation and the last conviction date.
a) If a person's driving record indicates no prior suspensions, excluding miscellaneous suspensions or revocations within a seven-year period from the effective date of the suspension or revocation, the following point table shall be used in computing whether an order of suspension or revocation is to be entered and recorded to the driving record:
POINT TABLE
Number of Points
Action
0 through 9
No Action
10 through 34
1-month Suspension
35 through 49
3-month Suspension
50 through 64
6-month Suspension
65 through 79
12-month Suspension
Over 79
Revocation
b) If the person has had one prior suspension or one prior revocation within a seven-year period from the effective date of the suspension or revocation, excluding those defined as Miscellaneous Suspensions, the following point table shall be used in computing whether an order of suspension or revocation is to be entered and recorded to the driving record:
POINT TABLE
Number of Points
Action
0 through 9
No Action
10 through 34
2-month Suspension
35 through 49
6-month Suspension
50 through 70
12-month Suspension
Over 79
Revocation
c) If the person has had two or more prior suspensions or revocations within a seven-year period from the effective date of the suspension or revocation, excluding those defined as Miscellaneous Suspensions, the following point table shall be used in computing whether an order of suspension or revocation is to be entered and recorded to the driving record;
POINT TABLE
Number of Points
Action
0 through 9
No Action
10 through 79
12-month Suspension
Over 79
Revocation
d) If the person has in effect a suspension for safety responsibility, financial responsibility, family financial responsibility or an unsatisfied judgment and at least one of the two or more convictions referenced in subsection (a) were committed after the effective date of the suspension for safety responsibility, financial responsibility, family financial responsibility or an unsatisfied judgment, the following point table shall be used in computing whether an order of suspension or revocation is to be entered to the driving record:
POINT TABLE
Number of Points
Action
0 through 9
No Action
10 through 79
12-month Suspension
Over 79
Revocation
e) Notice of suspension or revocation will be given pursuant to IVC Sections 6-209 and 2-114.
**History**
- *Source: Amended at 33 Ill. Reg. 2603, effective January 22, 2009*
##### **92 Ill. Adm. Code 1040.30** Suspension or Revocation for Three or More Traffic Offenses Committed Within 12 Months {#sec-1040.30 omnilex-key=us-il-regs-official--title-92--1040.30}
A person who has been convicted of three or more points assigned traffic offenses as listed in Section 1040.20 (Type Action 97 or 99), excluding any conviction previously used as a basis for action, that were committed within a 12-month period shall be identified by the Department for review for possible driver's license and driving privilege suspension or revocation pursuant to IVC Section 6-206(a)(2), provided no more than six months has elapsed between the effective date of the suspension or revocation and the last conviction date.
a) If a person's driving record indicates no prior suspensions excluding miscellaneous suspensions or revocations within a seven-year period from the effective date of the suspension or revocation, the following point table shall be used in computing whether an order of suspension, the length of a suspension or whether a revocation is to be entered and recorded to the driving record.
POINT TABLE
Number of Points
Action
0 through 14
No Action
15 through 44
2-month suspension
45 through 74
3-month suspension
75 through 89
6-month suspension
90 through 99
9-month suspension
100 through 109
12-month suspension
110 or more
Revocation
b) If the person has had one prior suspension or one prior revocation within a seven-year period from the effective date of the suspension or revocation excluding action taken pursuant to IVC Section 6-206(a)(3) and excluding those defined as Miscellaneous Suspensions, the following point table shall be used in computing whether an order of suspension, the length of a suspension or whether a revocation is to be entered and recorded to the driving record.
POINT TABLE
Number of Points
Action
0 through 14
No Action
15 through 44
4-month suspension
45 through 74
6-month suspension
75 through 109
12-month suspension
110 or more
Revocation
c) If the person has in effect, a suspension for safety responsibility, financial responsibility or an unsatisfied judgment and at least one of the three or more convictions for offenses was committed after the effective date of the suspension for safety responsibility, financial responsibility or an unsatisfied judgement, the following point table shall be used in computing whether an order of suspension or revocation is to be entered to the driving record:
POINT TABLE
Number of Points
Action
0 through 14
No Action
15 through 109
12-month suspension
110 or more
Revocation
d) Notice of suspension or revocation will be given pursuant to IVC Sections 6-209 and 2-114.
**History**
- *Source: Amended at 33 Ill. Reg. 2603, effective January 22, 2009*
##### **92 Ill. Adm. Code 1040.31** Operating a Motor Vehicle During a Period of Suspension or Revocation {#sec-1040.31 omnilex-key=us-il-regs-official--title-92--1040.31}
a) Pursuant to IVC Section 6-303, when the Department is notified that a person has been convicted of any violation committed while operating a motor vehicle upon a highway, except violations of IVC Section 12-603.1 and Section 7-342.1 of the Chicago Traffic Code while driving privileges were suspended, excluding miscellaneous suspensions, and the person does not possess a valid restricted driving permit, judicial driving permit or probationary license at the time of arrest, the period of suspension shall be extended for an additional like period of time as the original suspension if the suspension is in effect at the time the conviction is recorded to the driving record. The Department shall suspend for a like period of time as the original suspension if the suspension has terminated at the time the conviction is recorded to the driving record.
b) If a person is convicted of driving while driving privileges are suspended in violation of IVC Section 6-303(a) and possesses a valid probationary license at the time of the arrest, no suspension action will be taken by the Department.
c) If a person is convicted of driving while driving privileges are suspended in violation of IVC Section 6-303(a) or 6-113 and at the time of arrest the person had in his/her possession a valid restricted driving permit or valid judicial driving permit, the period of suspension shall be extended for an additional like period of time as the original suspension if the suspension is in effect at the time the conviction is recorded to the driving record. If the suspension has terminated at the time the conviction is recorded to the driving record the Department shall suspend for a like period of time as the original suspension.
d) If a person is convicted of driving while driving privileges are revoked in violation of IVC Section 6-303(a) or 6-113, and at the time the conviction is recorded to the driving record, a revocation is in effect, the person shall not be eligible to apply for reinstatement of driving privileges for an additional one year period from the date of conviction or the latest projected eligibility date on record regardless of whether or not the person possesses a valid restricted driving permit. If the period of revocation has terminated at the time the conviction is recorded to the driving record, the Department shall suspend the person's driving privileges for 12 months.
e) If a person is convicted of any violation committed while operating a motor vehicle upon a highway during a period of suspension, excluding miscellaneous suspensions, and possesses a valid restricted driving permit or valid judicial driving permit at the time of arrest, a determination shall be made whether or not the person was in violation of a restriction on the permit based on, but not limited to, the person's driving record, the ticket issued, and the restriction on the permit. If a violation of a restriction on the permit exists, the period of suspension shall be extended for an additional like period of time as the original suspension, provided the suspension is in effect at the time the conviction is recorded to the driving record. If the suspension has terminated at the time the conviction is recorded to the driving record, the Department shall suspend for a like period of time as the original suspension. Convictions of the following violations shall be excluded from this subsection: IVC Sections 6-303(a) and 6-113, Section 7-342.1 of the Chicago Traffic Code and IVC Section 12-603.1.
f) If a person is convicted of any violation committed while operating a motor vehicle upon a highway during a period of revocation and possesses a valid restricted driving permit at the time of arrest, a determination shall be made, whether or not the person was in violation of a restriction imposed on the permit based on, but not limited to, the person's driving record, the ticket issued, and the restrictions on the permit. If a violation of a restriction on the permit exists, the person shall not be eligible to apply for reinstatement of driving privileges for an additional one year period or longer as provided in IVC Section 6-208 from the date of conviction or the latest projected eligibility date on record provided the revocation is in effect at the time the conviction is recorded to the driving record. If the period of revocation has terminated at the time the conviction is recorded to the driving record, the Department shall suspend the person's driving privileges for 12 months. Convictions of the following violations shall be excluded from this subsection: IVC Sections 6-303(a) and 6-113, Section 7-342.1 of the Chicago Traffic Code and IVC Section 12-603.1.
g) If a person is convicted of any violation committed while operating a motor vehicle upon a highway during a period of suspension, excluding miscellaneous suspensions, or during the period of revocation and possesses a valid restricted driving permit or valid judicial driving permit at the time of arrest, a determination shall be made whether or not a violation of any restriction on the permit exists, based on, but not limited to, the person's driving record, the ticket issued, and the restrictions on the permit. If no violation of a restriction on the permit is found to exist, the Department shall take no action pursuant to IVC Section 6-303(b). Convictions of the following violations shall be excluded from this subsection: IVC Sections 6-303(a) and 6-113, Section 7-342.1 of the Chicago Traffic Code and IVC Section 12-603.1.
h) If a person is convicted of any violation of driving during a miscellaneous suspension, the Department will take no action pursuant to IVC Section 6-303(b).
**History**
- *Source: Amended at 33 Ill. Reg. 2603, effective January 22, 2009*
##### **92 Ill. Adm. Code 1040.32** Suspension or Revocation of Driver's Licenses, Permits or Identification Cards Used Fraudulently {#sec-1040.32 omnilex-key=us-il-regs-official--title-92--1040.32}
a) The Secretary of State has discretionary authority to suspend or revoke the driving privileges of any person upon receipt of evidence that the person has committed one or more of the following offenses listed in IVC Section 6-206.
1) If any person has permitted an unlawful use of a driver's license, identification card, or permit by allowing another person to use any license, identification card or permit, the Department shall take the following action pursuant to IVC Section 6-206(a)(5):
ACTION TABLE
Offenses
Action
1st Offense
12-month Suspension
1st Offense (with open or pending revocation)
Revocation
2nd or subsequent Offense
Revocation; or
2) If any person has made a false statement or made any false affidavit or has knowingly concealed or affirmed falsely to a material fact or used false information or identification in an application for a driver's license, identification card or permit, the Department shall take the following action pursuant to IVC Section 6-206(a)(9):
ACTION TABLE
Offenses
Action
1st Offense
12-month Suspension
1st Offense with open or pending revocation
Revocation
2nd or subsequent Offense
Revocation; or
3) If any person has possessed, displayed or attempted to fraudulently use any driver's license, identification card, or permit not issued to that person, the Department shall take the following action pursuant to IVC Section 6-206(a)(10):
ACTION TABLE
Offenses
Action
1st Offense
12-month Suspension
1st Offense (with open or pending revocation)
Revocation
2nd or subsequent Offense
Revocation; or
4) If any person has submitted to any portion of the application process for another person or has obtained the services of another person to submit to any portion of the application process for the purpose of obtaining a driver's license, identification card or permit for some other person, the Department shall take the following action pursuant to IVC Section 6-206(a)(12):
ACTION TABLE
Offenses
Action
1st Offense
12-month Suspension
1st Offense (with open or pending revocation)
Revocation
2nd or subsequent Offense
Revocation; or
5) If any person has violated IVC Section 6-301, 6-301.1 or 6-301.2 or Section 14, 14A or 14B of the Illinois Identification Card Act [15 ILCS 335/14, 14A or 14B], the Department shall take action appropriate for the violation committed pursuant to IVC Section 6-206.
A) Unlawful use of driver's license, permit or identification card: If any person has displayed or caused to be displayed or had in his possession any cancelled, revoked or suspended driver's license, permit or identification card; allowed unlawful use of driver's license, permit or identification card; lent his driver's license, permit or identification card to any other person or knowingly allowed the use thereof by another; or displayed or represented as his own any driver's license, permit or identification card issued to another, the Department shall take the following action pursuant to IVC Section 6-301 or Section 14 of the Illinois Identification Card Act:
ACTION TABLE
Offenses
Action
1st Offense
12-month Suspension
1st Offense (with open or pending revocation)
Revocation
2nd or subsequent Offense
Revocation; or
B) Fictitious or unlawfully altered driver's license, identification card or permit: If any person has knowingly possessed or displayed any fictitious or unlawfully altered driver's license, identification card or permit; knowingly issued or assisted in the issuance of a fictitious driver's license, identification card or permit; or knowingly manufactured, possessed, transferred or provided any identification document for the purpose of obtaining a fictitious driver's license, identification card or permit, the Department shall take the following action pursuant to IVC Section 6-301.1 or Section 14 of the Illinois Identification Card Act:
ACTION TABLE
Offenses
Action
1st Offense
12-month Suspension
1st Offense (with open or pending revocation)
Revocation
2nd or subsequent Offense
Revocation; or
C) Fraudulent driver's license or permit: If any person has committed a violation of IVC Section 6-301.2(b)(1) through (6), (11) or (12) or Section 14B(b)(1) through (6) of the Illinois Identification Card Act, the Department shall take the following action pursuant to IVC Section 6-206(a)(14):
ACTION TABLE
Offenses
Action
1st Offense
12-month Suspension
1st Offense (with open or pending revocation)
Revocation
2nd or subsequent Offense
Revocation; or
D) Fraudulent driver's license or permit: If any person has committed a violation of IVC Section 6-301.2(b)(7) through (10) or Section 14B(b)(7) through (10) of the Illinois Identification Card Act, the Department shall take the following action pursuant to IVC Section 6-206(a)(14):
ACTION TABLE
Offenses
Action
1st or subsequent Offense
Revocation; or
6) If any person has permitted another person to use any form of that person's identification in the application process to obtain a driver's license, identification card, or permit, the Department shall take the following action pursuant to IVC Section 6-206(a)(25):
ACTION TABLE
Offenses
Action
1st Offense
12-month Suspension
1st Offense (with open or pending revocation)
Revocation
2nd or subsequent Offense
Revocation; or
7) If any person has unlawfully altered or attempted to alter or possessed an altered driver's license, identification card, or permit, the Department shall take the following action pursuant to IVC Section 6-206(a)(26):
ACTION TABLE
Offenses
Action
1st Offense
12-month Suspension
1st Offense (with open or pending revocation)
Revocation
2nd or subsequent Offense
Revocation; or
8) If any person has been convicted of violating Section 6-20(c) of the Liquor Control Act of 1934, and the person was an occupant of a motor vehicle at the time of the violation, the Department shall take the following action pursuant to IVC Section 6-206(a)(38):
ACTION TABLE
Convictions
Action
1st Conviction
12-month Suspension
1st Conviction (with open or pending revocation)
Revocation
2nd or subsequent Conviction
Revocation; or
9) If a person has been convicted of violating Section 10-15(b) or 10-20(b) of the Cannabis Regulation and Tax Act, the Department shall take the following action pursuant to the IVC Section 6-206(a)(52):
ACTION TABLE
Convictions
Action
1st Conviction
12-month Suspension
1st Conviction (with open or pending revocation)
Revocation
2nd or subsequent Conviction
Revocation.
b) The sources of acceptable proof of the offenses described in subsection (a) are court documents, driver services facility applications, government entity documents, and law enforcement correspondence/reports.
c) Persons who have applied for federal amnesty pursuant to the Immigration Reform and Control Act of 1986 (P.L. 99-603) shall not be suspended or revoked under subsection (a) if they show proof to the Department that they have applied for federal amnesty, unless they are otherwise ineligible to be licensed as drivers or granted a permit, as provided by IVC Section 6-103. Proof shall be the application documents for federal amnesty issued by the U.S. Citizenship and Immigration Services verifying that the individual has applied for federal amnesty. If an individual seeking federal amnesty has previously been found by the Department to be in violation of this Section or if the Department receives a report from individuals or agencies listed in subsection (b) that a person applying for federal amnesty has been convicted of committing a criminal act involving the use of their identification card, driver's license or permit in violation of the Criminal Code of 2012 [720 ILCS 5], driving privileges shall be suspended or revoked by the Department in accordance with subsection (a).
d) The Director of the Department of Driver Services shall rescind a suspension or revocation or reduce the period of a suspension for fraudulent activity if the Secretary's Office of the Inspector General or Office of the Executive Inspector General gives the Director sufficient evidence demonstrating the person has cooperated in the course of an official investigation regarding the sale, manufacture, issuance or receipt of a fraudulent or fictitious driver's license, permit or identification card. Sufficient evidence of cooperation will be shown by a written statement to the Director signed by the supervising official of the Office of the Inspector General or Office of the Executive Inspector General. Whether the person cooperated in an investigation will be determined by the Office of the Inspector General or Office of the Executive Inspector General.
**History**
- *Source: Amended at 47 Ill. Reg. 11480, effective July 12, 2023*
##### **92 Ill. Adm. Code 1040.33** Suspension or Revocation of Driver's Licenses/Permits for Fictitious or Unlawfully Altered Disability License Plate or Parking Decal or Device or Fraudulent Disability License Plate or Parking Decal or Device {#sec-1040.33 omnilex-key=us-il-regs-official--title-92--1040.33}
a) The Secretary of State has discretionary authority to suspend or revoke the driving privileges of any person upon receipt of evidence that the person has committed one or more of the following offenses listed in IVC Section 6-206:
1) If the person has knowingly possessed any fictitious or unlawfully altered disability license plate or parking decal or device in violation of IVC Section 11-1301.5(b)(1), the Department shall take the following action pursuant to Section 6-206(a)(34) (prior to 7/30/98 authority was IVC Section 6-206(a)(35)):
ACTION TABLE
Offenses
Action
1st Offense
12-month Suspension
1st Offense (with open or pending revocation)
Revocation
2nd or subsequent Offense
Revocation; or
2) If the person has knowingly issued or assisted in the issuance of, by the Secretary of State or unit of local government, any fictitious disability license plate or parking decal or device in violation of IVC Section 11-1301.5(b)(2), the Department shall take the following action pursuant to Section 6-206(a)(34) (prior to 7/30/98 the authority was IVC Section 6-206(a)(35)):
ACTION TABLE
Offenses
Action
1st Offense
12-month Suspension
1st Offense (with open or pending revocation)
Revocation
2nd or subsequent Offense
Revocation; or
3) If the person has knowingly altered any disability license plate or parking decal or device in violation of IVC Section 11-1301.5(b)(3), the Department shall take the following action pursuant to Section 6-206(a)(34) (prior to 7/30/98 the authority was IVC Section 6-206(a)(35)):
ACTION TABLE
Offenses
Action
1st Offense
12-month Suspension
1st Offense (with open or pending revocation)
Revocation
2nd or subsequent Offense
Revocation; or
4) If the person manufactures, possesses, transfers, or provides any documentation used in the application process whether real or fictitious, for the purpose of obtaining a fictitious disability license plate or parking decal or device in violation of IVC Section 11-1301.5(b)(4), the Department shall take the following action pursuant to IVC Section 6-206(a)(34) (prior to 7/30/98 the authority was IVC Section 6-206(a)(35)):
ACTION TABLE
Offenses
Action
1st Offense
12-month Suspension
1st Offense (with open or pending revocation)
Revocation
2nd or subsequent Offense
Revocation; or
5) If the person knowingly provides any false information to the Secretary of State or a unit of local government in order to obtain a disability license plate or parking decal or device in violation of IVC Section 11-1301.5(b)(5), the Department shall take the following action pursuant to IVC Section 6-206(a)(34) (prior to 7/30/98 the authority was IVC Section 6-206(a)(35)):
ACTION TABLE
Offenses
Action
1st Offense
12-month Suspension
1st Offense (with open or pending revocation)
Revocation
2nd or subsequent Offense
Revocation; or
6) If the person knowingly transfers a disability license plate or parking decal or device for the purpose of exercising the privileges granted to an authorized holder of a disability license plate or parking decal or device under the Illinois Vehicle Code in the absence of the authorized holder in violation of IVC Section 11-1301.5(b)(6), the Department shall take the following action pursuant to IVC Section 6-206(a)(34) (prior to 7/30/98 the authority was IVC Section 6-206(a)(35)):
ACTION TABLE
Offenses
Action
1st Offense
12-month Suspension
1st Offense (with open or pending revocation)
Revocation
2nd or subsequent Offense
Revocation; or
7) If the person has knowingly possessed any fraudulent disability license plate or parking decal or device in violation of IVC Section 11-1301.6(b)(1), the Department shall take the following action pursuant to IVC Section 6-206(a)(35) (prior to 7/30/98 the authority was IVC Section 6-206(a)(36)):
ACTION TABLE
Offenses
Action
1st Offense
12-month Suspension
1st Offense (with open or pending revocation)
Revocation
2nd or subsequent Offense
Revocation; or
8) If the person has knowingly possessed without authority any disability license plate or parking decal or device-making implement in violation of IVC Section 11-1301.6(b)(2), the Department shall take the following action pursuant to IVC Section 6-206(a)(35) (prior to 7/30/98 the authority was IVC Section 6-206(a)(36)):
ACTION TABLE
Offenses
Action
1st Offense
12-month Suspension
1st Offense (with open or pending revocation)
Revocation
2nd or subsequent Offense
Revocation; or
9) If the person knowingly duplicates, manufactures, sells or transfers any fraudulent or stolen disability license plate or parking decal or device in violation of IVC Section 11-1301.6(b)(3), the Department shall take the following action pursuant to IVC Section 6-206(a)(35) (prior to 7/30/98 the authority was IVC Section 6-206(a)(36)):
ACTION TABLE
Offenses
Action
1st Offense
12-month Suspension
1st Offense (with open or pending revocation)
Revocation
2nd or subsequent Offense
Revocation; or
10) If the person has knowingly assisted in the duplication, manufacture, sales or transfer of any fraudulent or stolen disability license plate or parking decal or device in violation of IVC Section 11-1301.6(b)(4), the Department shall take the following action pursuant to IVC Section 6-206(a)(35) (prior to 7/30/98 the authority was IVC Section 6-206(a)(36)):
ACTION TABLE
Offenses
Action
1st Offense
12-month Suspension
1st Offense (with open or pending revocation)
Revocation
2nd or subsequent Offense
Revocation; or
11) If the person has advertised or distributes a fraudulent disability license plate or parking decal or device in violation of IVC Section 11-1301.6(b)(5), the Department shall take the following action pursuant to IVC Section 6-206(a)(35) (prior to 7/30/98 the authority was IVC Section 6-206(a)(36)):
ACTION TABLE
Offenses
Action
1st Offense
12-month Suspension
1st Offense (with open or pending revocation)
Revocation
2nd or subsequent Offense
Revocation.
b) If the person has been convicted of violating IVC Section 11-1301.3(a-1) for the use of a disabled decal or device, who is not the holder or is not transporting the holder or the person who uses the decal or device for privileges granted, the Department shall take the following action pursuant to IVC Section 6-206(a)(42):
ACTION TABLE
Convictions
Action
1st Conviction
1-month Suspension if offense occurred prior to 6/1/08 or between 12/31/09 and 6/30/12
1st Conviction
No action if the arrest occurred between 5/31/08 and 12/30/09
1st Conviction
6-month Suspension
if offense occurs 7/1/12 or after
1st Conviction (with open or pending revocation)
Revocation (arrest date prior to 6/1/08 or after 12/31/09)
2nd Conviction
6-month Suspension
if offense occurred on or prior to 7/1/12
2nd Conviction
12-month suspension if offense occurred on or after 7/1/12
2nd Conviction (with open or pending revocation)
Revocation
3rd or subsequent Conviction
Revocation
c) The sources of acceptable proof of the offenses described in subsections (a) and (b) are court documents, Department of Vehicle Services applications, Driver Services facility applications, government entity documents and law enforcement correspondence/reports.
**History**
- *Source: Amended at 36 Ill. Reg. 11211, effective July 5, 2012*
## **Chapter II** Secretary of State
### **Part 1040** Cancellation, Revocation or Suspension of Licenses or Permits
##### **92 Ill. Adm. Code 1040.34** Suspension or Revocation for Conviction for Possession/Consumption of Alcohol for Persons Under Age 21 {#sec-1040.34 omnilex-key=us-il-regs-official--title-92--1040.34}
If any person has been convicted of violating Section 6-20(a), (d) or (e) of the Liquor Control Act of 1934 [235 ILCS 5], and the person was an occupant of a motor vehicle when the offense occurred, the Department shall take the following action pursuant to IVC Section 6-206(a)(38):
ACTION TABLE
Convictions
Action
1st Conviction
6-month Suspension
1st Conviction (with open or pending revocation)
Revocation
2nd Conviction
12-month Suspension
2nd Conviction (with open or pending revocation)
Revocation
3rd or Subsequent Conviction
Revocation
**History**
- *Source: Amended at 45 Ill. Reg. 755, effective December 23, 2020*
##### **92 Ill. Adm. Code 1040.35** Administrative Revocation for Commission of an Offense Requiring Mandatory Revocation Upon Conviction, and Suspension or Revocation Based Upon a Local Ordinance Conviction {#sec-1040.35 omnilex-key=us-il-regs-official--title-92--1040.35}
a) Local ordinance conviction. A person who has been convicted of a local ordinance violation that is similar to any of those offenses in IVC Section 6-205 or 6-206 shall have his/her driving privileges revoked or suspended in the same manner as if he/she had been convicted of an offense contained within the Illinois Vehicle Code. An offense would be similar if the same elements were necessary to prove a local ordinance offense as are necessary to prove the offense as stated in the Illinois Vehicle Code.
b) Administrative Revocation
1) When the Secretary of State has received sufficient evidence that a person has committed one or more of the following offenses or similar provisions of a local ordinance and these offenses, currently awaiting court disposition, resulted in great bodily harm or death, the driving record of the individual shall be reviewed for possible driver's license revocation by the Department:
A) driving under the influence of alcohol, other drugs or a combination thereof pursuant to IVC Section 11-501;
B) reckless homicide resulting from the operation of a motor vehicle pursuant to Section 9-3 of the Criminal Code of 1961 [720 ILCS 5/9-3];
C) leaving the scene of a traffic accident involving death or personal injury pursuant to IVC Section 11-401;
D) drag racing pursuant to IVC Section 11-504;
E) aggravated reckless driving pursuant to IVC Section 11-503(c);
F) any felony under the laws of this or any other state or the federal government in the commission of which a motor vehicle was used pursuant to IVC Section 6-205(a)(3);
G) street racing pursuant to IVC Section 11-506(a);
H) a violation of a traffic regulation governing the movement of vehicles.
2) In determining whether action should be taken, the driving record and other sufficient evidence showing that the person has committed an offense listed in subsection (b)(1) shall be examined. "Sufficient evidence" shall be defined as copies of court documents showing the person has been charged with one or more of the named offenses in subsection (b)(1) and:
A) documentation or copies of documentation, of coroner's activities describing an incident where great bodily harm or death resulted from a motor vehicle accident where one or more of the named offenses in subsection (b)(1) was charged; or
B) statements of eye witnesses and others with first hand knowledge concerning the matter that indicate that great bodily harm or death resulted from a motor vehicle accident where one or more of the named offenses in subsection (b)(1) was charged; or
C) any other competent evidence. Examples of what would constitute other competent evidence include but are not limited to laboratory reports, accident reports and other documentation deemed important and probative by the state's attorney.
3) This information shall be provided with a letter of transmittal from the appropriate state's attorney.
4) "Great bodily harm" shall include but not be limited to any of the following:
A) bodily injury that involves a substantial risk of death;
B) unconsciousness;
C) extreme physical pain;
D) protracted or permanent disfigurement;
E) protracted or permanent loss or impairment of the function of a bodily member, organ, or mental faculty;
F) bone fractures;
G) distorted extremity or extremities;
H) severely bleeding wound.
5) If sufficient evidence is received from the state's attorney and indicates that a person has committed one or more of the named offenses in subsection (b)(1), and that these offenses, currently awaiting court disposition, involved a motor vehicle accident that caused great bodily harm or death, the driving privileges of the individual shall be revoked.
6) If the individual whose driving privileges have been revoked under this Section is adjudicated "guilty" or is granted a disposition of "court supervision" by the court system, the revocation previously entered on his/her driving record in accordance with this Section shall stand. This action does not preclude further suspension and/or revocation of driving privileges under another Section of the Illinois Vehicle Code.
7) If the individual whose driving privileges have been revoked under this Section is adjudicated "not guilty" by the court system, the revocation previously entered on his/her driving record in accordance with this Section shall be rescinded. This action does not preclude further suspension and/or revocation of driving privileges under another Section of the Illinois Vehicle Code.
8) If the charges against an individual whose driving privileges have been revoked under this Section are reduced or altered in any manner so that the offenses for which the individual is convicted do not require a mandatory revocation under IVC Section 6-205, the revocation previously entered on his/her driving record in accordance with this Section shall be rescinded. This action does not preclude further suspension and/or revocation of driving privileges under another Section of the Illinois Vehicle Code.
c) Administrative Hearing. An individual whose driving privileges have been revoked or suspended under this Section may request an administrative hearing pursuant to IVC Section 2-118 and 92 Ill. Adm. Code 1001.
**History**
- *Source: Amended at 42 Ill. Reg. 7963, effective April 30, 2018*
##### **92 Ill. Adm. Code 1040.36** Suspension for Violation of Restrictions on Driver's License {#sec-1040.36 omnilex-key=us-il-regs-official--title-92--1040.36}
a) A person who is convicted of operating a motor vehicle in violation of the restrictions imposed on a driver's license shall have his/her driving privileges suspended by the Department. If a corrected driver's license that removes the restriction that was violated at the time of arrest is issued on or prior to the conviction date of the incoming conviction for a first offense of a driver's license restriction violation, no action shall be taken against the individual by the Department.
b) Miscellaneous suspensions shall not be considered prior suspensions for the purpose of this Section.
c) When considering prior convictions, only convictions for operating a motor vehicle in violation of restrictions on a driver's license within seven years prior to the arrest date of the incoming conviction shall be considered.
d) Only those suspensions currently in effect or pending or suspensions or revocations cleared within seven years prior to the forthcoming suspension's effective date shall be considered as prior suspensions or revocations.
e) If a person has no prior suspensions or revocations of any kind and a conviction for operating a motor vehicle in violation of the restrictions imposed on a driver's license, the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
2-month Suspension
2nd Conviction
4-month Suspension
3rd Conviction
6-month Suspension
4th or subsequent Conviction
12-month Suspension
f) If a person has one prior suspension or revocation and a conviction for operating a motor vehicle in violation of the restrictions imposed on a driver's license, the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
4-month Suspension
2nd Conviction
6-month Suspension
3rd or subsequent Conviction
12-month Suspension
g) If a person has two prior suspensions or revocations or any combination thereof, and a conviction for operating a motor vehicle in violation of the restrictions imposed on a driver's license, the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
6-month Suspension
2nd or subsequent Conviction
12-month Suspension
h) If a person has three prior suspensions or revocations or any combination thereof, and a conviction for operating a motor vehicle in violation of the restrictions imposed on a driver's license, the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st or subsequent Conviction
12-month Suspension
i) If a conviction for operating a motor vehicle in violation of the restrictions imposed on a driver's license shows an arrest date during a period of revocation that is in effect, the revocation shall be extended for one year from the date of the conviction or the latest projected eligibility date on record, whichever is the greater period of time. If a conviction for operating a motor vehicle in violation of the restrictions imposed on a driver's license shows an arrest date during a period of suspension (including curfew and night time driving restriction suspensions) that is still in effect, the suspension shall be extended the same amount of time as the originally imposed suspension in accordance with IVC Section 6-303.
j) If a person has a suspension in effect pursuant to IVC Section 6-113(d)and receives a subsequent conviction for operating a motor vehicle in violation of the restrictions imposed on a driver's license, the suspension shall be amended in accordance with the guidelines of subsections (e) through (h).
**History**
- *Source: Amended at 33 Ill. Reg. 2603, effective January 22, 2009*
##### **92 Ill. Adm. Code 1040.37** Suspension for Violation of Restrictions on Instruction Permit {#sec-1040.37 omnilex-key=us-il-regs-official--title-92--1040.37}
a) A person who is convicted of operating a motor vehicle in violation of the restrictions imposed on an instruction permit shall have his/her driving privileges suspended by the Department. If a new driver's license is issued on or prior to the conviction date of the incoming conviction for a first offense of an instruction permit restriction violation, no action shall be taken against the individual by the Department.
b) A person who is arrested for a traffic offense prior to the initial issuance of a driver's license and is subsequently convicted of the offense shall be returned to instruction permit status. If the person is subsequently convicted of operating a motor vehicle in violation of the restrictions of the instruction permit, he or she shall have his or her driving privileges suspended by the Department. If the person has returned to driver's license status when the Department receives the incoming conviction for a first offense of an instruction permit restriction violation, no action shall be taken against the individual by the Department.
c) Miscellaneous suspensions shall not be considered prior suspensions for the purpose of this Section.
d) When considering prior convictions, only convictions for operating a motor vehicle in violation of restrictions on an instruction permit within seven years prior to the arrest date of the incoming conviction shall be considered.
e) Only those suspensions currently in effect or pending or suspensions or revocations cleared within seven years prior to the forthcoming suspension's effective date shall be considered as prior suspensions or revocations.
f) If a person has no prior suspension or revocation of any kind and a conviction for operating a motor vehicle in violation of the restrictions imposed on an instruction permit, the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
2-month Suspension
2nd Conviction
4-month Suspension
3rd Conviction
6-month Suspension
4th or subsequent Conviction
12-month Suspension
g) If a person has one prior suspension or revocation and a conviction for operating a motor vehicle in violation of the restrictions imposed on an instruction permit, the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
4-month Suspension
2nd Conviction
6-month Suspension
3rd or subsequent Conviction
12-month Suspension
h) If a person has two prior suspensions or revocations or any combination thereof, and a conviction for operating a motor vehicle in violation of the restrictions imposed on an instruction permit, the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
6-month Suspension
2nd or subsequent Conviction
12-month Suspension
i) If a person has three or more prior suspensions or revocations or any combination thereof and a conviction for operating a motor vehicle in violation of the restrictions imposed on an instruction permit, the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st or subsequent Conviction
12-month Suspension
j) If a conviction for operating a motor vehicle in violation of the restrictions imposed on an instruction permit shows an arrest date during a period of revocation that is in effect, the revocation shall be extended for one year from the date of the conviction or the latest projected eligibility date on record, whichever is the greater period of time. If a conviction for operating a motor vehicle in violation of the restrictions imposed on an instruction permit shows an arrest date during a period of suspension (including curfew and night time driving restriction suspensions) that is still in effect, the suspension shall be extended for the same amount of time as the originally imposed suspension in accordance with IVC Section 6-303.
k) If a person has a suspension in effect pursuant to IVC Section 6-113(d) and receives a subsequent conviction for operating a motor vehicle in violation of the restrictions imposed on an instruction permit, the suspension shall be amended in accordance with the guidelines of subsections (f) through (i).
**History**
- *Source: Amended at 33 Ill. Reg. 2603, effective January 22, 2009*
##### **92 Ill. Adm. Code 1040.38** Commission of a Traffic Offense in Another State {#sec-1040.38 omnilex-key=us-il-regs-official--title-92--1040.38}
a) A person who has been convicted of a traffic offense in another state, that, if committed in this State, would be grounds for mandatory revocation pursuant to IVC Section 6-205 shall have his/her driving privileges revoked.
b) A person who has been convicted of a traffic offense in another state, that, if committed in this State, would be grounds for suspension or revocation pursuant to IVC Section 6-206, shall have his/her driving privileges reviewed, and shall be subject to the same action as if the offense had occurred within this State.
c) A person who has been convicted of a traffic offense in another state, that, if committed in this State, would be grounds for denial pursuant to IVC Section 6-107(c) or (d), shall have his/her driving privileges reviewed and shall be subject to the same action as if the offense had occurred within this State.
**History**
- *Source: Amended at 33 Ill. Reg. 2603, effective January 22, 2009*
##### **92 Ill. Adm. Code 1040.40** Suspension or Revocation for Repeated Convictions or Collisions {#sec-1040.40 omnilex-key=us-il-regs-official--title-92--1040.40}
a) A person who has been repeatedly involved as a driver in motor vehicle accidents or repeatedly convicted of traffic offenses to a degree that indicates the lack of ability to exercise ordinary and reasonable care in the safe operation of a motor vehicle, or whose record indicates disrespect for traffic laws and the safety of other persons on the highway, shall be reviewed by the Department for possible driver's license and/or driving privilege suspension or revocation pursuant to IVC Section 6-206(a)(3). Upon review, if a determination is made by the Department that additional convictions accumulating 90 or more points have been received after the effective date of a 12-month suspension or revocation entered under Section 1040.30, or under this Section and the 90 or more additional or accumulated points were a result of convictions occurring during the same period of time as the convictions used for the 12-month suspension, the person's driving privileges shall be revoked pursuant to IVC Section 6-206(a)(3).
b) A person who has been convicted of three or more point assigned traffic violations committed within a 12-month period as listed in Section 1040.20 (Type Action 87, 97 or 99), excluding any conviction previously used as a basis for action, shall be identified for review for possible driver's license and/or driving privilege suspension or revocation pursuant to IVC Section 6-206(a)(3).
1) If a person's driving record indicates one or more prior suspensions or revocations pursuant to IVC Section 6-206(a)(3) within a seven-year period from the effective date of the revocation, the following point table shall be used to enter an order of revocation and shall be recorded to the driving record:
POINT TABLE
Number of Points
Action
0 through 14
No Action
15 or more
Revocation
2) If a person's driving record indicates two or more prior suspensions or revocations within a seven-year period from the effective date of the suspension or revocation, excluding miscellaneous suspensions and suspensions or revocations pursuant to IVC Section 6-206(a)(3), the following point table shall be used in computing whether an order of suspension or revocation is to be entered and recorded to the driving record:
POINT TABLE
Number of Points
Action
0 through 14
No Action
15 through 109
12-month Suspension
110 or more
Revocation
3) If a person has a point total that exceeds 109 and more than six months has elapsed between the time of the last conviction date and the effective date of the order of revocation, an order of revocation shall be entered and recorded to the driving record.
4) Notice of suspension or revocation will be given pursuant to IVC Sections 2-114 and 6-209.
c) An order of revocation shall be entered and recorded to the driving record pursuant to IVC Section 6-206(a)(3) if:
1) The person has a 12-month suspension or revocation in effect pursuant to IVC Section 6-206(a)(36); and
2) During the same 24-month period, the person is convicted of two or more point-assigned traffic violations totaling 65 or more points (Type Action 87, 97 or 99), excluding any conviction previously used as a basis for a suspension or revocation; and
3) The person was under age 21 at the time the point-assigned traffic violations occurred.
d) An order of revocation shall be entered and recorded to the driving record pursuant to IVC Section 6-206(a)(3) if:
1) The person is convicted of two or more points assigned traffic violations committed while the person was under the age of 21; and
2) The point total for those convictions exceeds 79; and
3) More than six months have elapsed between the latest conviction date and the effective date of the order of revocation.
e) If a person has been repeatedly involved as a driver in motor vehicle accidents or repeatedly convicted of traffic offenses to a degree that indicates the lack of ability to exercise ordinary and reasonable care in the safe operation of a motor vehicle or his/her driving record indicates disrespect for traffic laws and the safety of other persons on the highway, that person shall be reviewed by the Department for possible driver's license and/or driving privilege revocation pursuant to IVC Section 6-206(a)(3). Upon review, if a determination is made by the Department that additional convictions accumulating 65 or more points have been received after the effective date of a 12-month suspension or revocation entered under Section 1040.29 and the 65 or more additional or accumulated points were a result of convictions occurring during the same period of time as the convictions used for the 12-month suspension or revocation, that person's driving privileges shall be revoked pursuant to Section 6-206(a)(3).
**History**
- *Source: Amended at 33 Ill. Reg. 2603, effective January 22, 2009*
##### **92 Ill. Adm. Code 1040.41** Suspension of Licenses for Curfew or Nighttime Driving Restriction Violations {#sec-1040.41 omnilex-key=us-il-regs-official--title-92--1040.41}
a) A person who is under the age of 17 years is in violation of IVC Section 6-110(a) or 6-107.1(b) if the minor operates a motor vehicle on any highway during any time the licensee is prohibited from being in a public place because of curfew.
b) A person is in violation of IVC Section 6-107.1(b) or 6-110(a-1) if the minor operates a motor vehicle on any highway during nighttime driving restriction.
c) The Department shall take the following action pursuant to IVC Section 6-206(a)(13) for curfew or nighttime driving restriction violation convictions:
1) 1st Conviction – 60-day suspension
2) 2nd Conviction – 90-day suspension
3) 3rd Conviction or more – 6-month suspension
**History**
- *Source: Amended at 50 Ill. Reg. 4405, effective March 4, 2026*
## **Chapter II** Secretary of State
### **Part 1040** Cancellation, Revocation or Suspension of Licenses or Permits
##### **92 Ill. Adm. Code 1040.42** Suspension or Revocation for Fleeing and Eluding {#sec-1040.42 omnilex-key=us-il-regs-official--title-92--1040.42}
a) A person who has been convicted of fleeing or attempting to elude a peace officer in a motor vehicle shall have his/her driving privileges suspended or revoked by the Department.
b) If the driving record contains no suspensions or revocations, the Department shall take the following action:
ACTION TABLE
Convictions
Action
1st Conviction
6-month Suspension
2nd Conviction
12-month Suspension
3rd or subsequent Conviction
Revocation
c) If the driving record contains one or more suspensions and/or cleared revocations, excluding miscellaneous suspensions, the Department shall take the following action:
ACTION TABLE
Convictions
Action
1st Conviction
6-month Suspension
2nd Conviction
12-month Suspension
3rd or subsequent Conviction
Revocation
d) If the driving record contains one or more open or pending revocation excluding miscellaneous suspensions, and the arrest date of the incoming conviction falls occurred prior to the effective date of revocation, the Department shall take the following action:
ACTION TABLE
Convictions
Action
1st Conviction
No Action
2nd Conviction
No Action
3rd or subsequent Conviction
Revocation
e) If the driving record contains one or more open revocations, one of which may be concurrent with one or more open or pending suspensions, excluding miscellaneous suspensions, and the arrest date of the incoming conviction falls during the revocation, the Department shall extend the projected eligibility date of the revocation one year from the conviction date or to the latest projected eligibility date on record. If the arrest date of the incoming conviction falls outside the period of revocation but within the period of an open suspension, the Department shall extend the suspension for an additional like period of time.
f) Only prior suspensions or revocations terminating within seven years prior to the forthcoming suspension's effective date shall be considered.
g) When considering prior convictions, only convictions for fleeing or attempting to elude a peace officer with conviction dates within seven years prior to the forthcoming suspension's effective date shall be used.
**History**
- *Source: Amended at 33 Ill. Reg. 2603, effective January 22, 2009*
##### **92 Ill. Adm. Code 1040.43** Suspension or Revocation for Illegal Transportation {#sec-1040.43 omnilex-key=us-il-regs-official--title-92--1040.43}
a) If a person who is under 21 years of age at the time of arrest is convicted of illegal transportation of alcohol by a driver, the Department shall suspend his/her driving privileges for 12 months. Only arrests that occur on or after January 1, 1994 shall be considered.
b) An individual who has two or more convictions, regardless of age at the time of arrest, and whose arrest dates fall within any 12-month period, for illegal transportation of alcohol as a driver, shall have his/her driving privileges suspended or revoked by the Department.
1) In reviewing an individual's driving record for illegal transportation convictions, only those illegal transportation convictions with arrest dates on or after January 1, 1986 shall be considered.
2) If a person's record contains no prior suspensions or revocations and two convictions whose arrest dates fall within any 12-month period for illegal transportation, regardless of age at the time of arrest, the Department shall suspend his/her driving privileges for 12 months. A third or subsequent conviction within the same 12-month period shall result in the person's driving privileges being revoked by the Department.
3) If a person's record contains one or more prior suspensions or revocations, excluding miscellaneous suspensions or suspensions as a result of subsection (a), within seven years from the effective date of the suspension or revocation, in addition to two convictions for illegal transportation, regardless of age at the time of arrest, and the arrest dates fall within any 12-month period, the Department shall revoke his/her driving privileges.
c) Excluding a suspension under subsection (a), only convictions for arrests that occur on or after January 1986 will be considered. For the purpose of imposing a sanction pursuant to subsection (a), only convictions for arrests that occur on or after January 1, 1994 shall be considered.
**History**
- *Source: Amended at 33 Ill. Reg. 2603, effective January 22, 2009*
##### **92 Ill. Adm. Code 1040.44** Suspension or Revocation for Violation of Possession of Medical Cannabis in a Motor Vehicle {#sec-1040.44 omnilex-key=us-il-regs-official--title-92--1040.44}
If any person has been convicted of violating Section 11-502.1(a) of the IVC, the Department shall take the following action:
ACTION TABLE
Convictions
Action
1st Conviction
6-month Suspension
2nd Conviction
12-month Suspension
3rd or Subsequent Conviction
Revocation
**History**
- *Source: Amended at 45 Ill. Reg. 755, effective December 23, 2020*
##### **92 Ill. Adm. Code 1040.46** Suspension or Revocation for Personal Injury Suspensions or Revocations {#sec-1040.46 omnilex-key=us-il-regs-official--title-92--1040.46}
a) The Department shall review accidents in which a personal injury has occurred and an individual has been convicted of a traffic offense in accordance with Section 1040.20. No action shall be taken by the Department unless the traffic accident report completed by a law enforcement officer indicates a personal injury that has been designated as a Type A injury and the injured party was transported to a hospital. No action shall be taken in a personal injury case if the only Type A injury indicated was for the individual convicted of the traffic violation. Fatal accidents that occur on or after January 1, 2011 shall not be subject to subsections (a) through (f), but shall be subject to subsection (g).
b) Suspensions and revocations under these provisions shall be based on the number of points a person has accumulated and upon review of the individual's prior driving record, unless the conviction is an immediate action violation for which no points are assigned. The points shall be assigned in the following manner:
1) Five points shall be added to a person's point total for a Type A injury to a maximum of four persons. Five additional points shall be assigned for each Type A injury for the fifth and each subsequent Type A injury.
2) For the most serious conviction resulting from the accident, the same amount of points assigned to the conviction pursuant to Section 1040.20 shall be added to the person's point total.
3) Ten points shall be added to the person's point total for each previous two-month suspension entered in accordance with IVC Section 6-206(a)(2). Fifteen points shall be added to the person's point total for any other previous non-alcohol related suspension and 20 points shall be added to the person's point total for any alcohol related suspension or any revocation within two years prior to or one year subsequent to the accident. Miscellaneous suspensions shall not be counted as prior or subsequent suspensions.
4) Ten points shall also be added to the person's point total for each conviction of reckless driving in violation of IVC Section 11-503, speeding in excess of 25 miles per hour over the speed limit in violation of IVC Section 11-601(b), or operating a motorcycle on one wheel in violation of IVC Section 11-1403.2 issued within two years prior to or one year subsequent to the accident.
5) Five points shall be added to the person's point total for any traffic-related conviction issued within two years prior to or one year subsequent to the accident with the following exceptions:
A) No conviction associated with a previous suspension or revocation shall be used.
B) Only the most serious conviction resulting from the accident under review shall be used.
c) For accidents involving personal injury, if a person accumulates zero to 39 points the Department shall take no action. Forty to 49 points shall result in a three-month suspension. Fifty to 59 points shall result in a 6-month suspension and 60 to 74 points shall result in a 12-month suspension. Seventy-five or more points shall result in a revocation.
d) Any person whose driving privileges were suspended, revoked or cancelled at the time of the personal injury accident shall have his/her driving privileges revoked. Any person who, as a result of a fatal or personal injury accident, is convicted of passing a stopped school bus in violation of IVC Section 11-1414 shall have his/her driving privileges revoked.
e) In accordance with IVC Section 6-206(a)(4), any suspension or revocation imposed shall start no later than six months after the conviction of the individual for violating a traffic ordinance related to the accident or no more than one year subsequent to the date of the accident involving a personal injury, whichever date occurs later.
f) Any person involved in a fatal accident who is convicted of an immediate action violation as defined in Section 1040.20 shall have his/her driving privileges revoked under the applicable IVC Section.
g) Any person who is convicted of an offense regulating the movement of traffic with an arrest date on or after January 1, 2011 that resulted in proximate death of any person shall have his/her driving privileges revoked under IVC Section 6-205(a)(16).
**History**
- *Source: Amended at 40 Ill. Reg. 15417, effective December 1, 2016*
##### **92 Ill. Adm. Code 1040.48** Vehicle Emission Suspensions (repealed) {#sec-1040.48 omnilex-key=us-il-regs-official--title-92--1040.48}
**History**
- *Source: Repealed at 33 Ill. Reg. 2603, effective January 22, 2009*
##### **92 Ill. Adm. Code 1040.50** Occupational Driving Permit {#sec-1040.50 omnilex-key=us-il-regs-official--title-92--1040.50}
a) If the Secretary of State suspends the driver's license of a person pursuant to IVC Section 6-206(a)(2) and the person drives a commercial vehicle in connection with his/her regular occupation, the person may qualify for an occupational driving permit if:
1) the individual is at least 18 years of age; and
2) the individual has been issued or has qualified for a valid Illinois driver's license prior to issuance of the occupational driving permit; and
3) there are no outstanding reinstatement fees or failure to pay notations on the Illinois driving record; and
4) there are no open or pending suspensions, revocations, cancellations or disqualifications on the individual's Illinois driving record; and
5) the suspension period does not exceed 12 months; and
6) the suspension was the result of three, four or five offenses that were committed within a 12-month period. If five offenses were committed, at least two of which occurred while operating a commercial vehicle in connection with the driver's regular occupation, the driver would not qualify for an occupational driving permit; and
7) the individual's occupation is full time, and one that involves driving a commercial vehicle on a regular basis. Part-time employment or a person renting a commercial vehicle under a short term lease shall not qualify; and
8) the individual successfully completes a Driver Remedial Education Course prior to the issuance of the occupational driving permit; and
9) the individual completes and signs an affidavit prescribed by the Secretary of State setting forth his/her eligibility as a driver of a commercial vehicle and such other information as required by the Secretary of State. The affidavit shall also be notarized by a Notary Public or signed by a Secretary of State Hearing Officer; and
10) the individual submits a notarized letter from the employer, on the employer's letterhead, verifying employment; and
11) the individual submits appropriate fee; and
12) the individual surrenders his/her current Illinois driver's license.
b) Operation of the following vehicles shall not be deemed to be the operation of a commercial vehicle:
1) farm vehicle;
2) implements of husbandry;
3) road machinery temporarily on the highway;
4) a farm tractor being operated between the home farm and adjacent or nearby farm.
c) If the permit holder's regular occupation changes, or if the original permit is lost or stolen, the driver is required to apply for a corrected or duplicate permit in order to continue driving. The driver must qualify by meeting the requirements outlined in subsection (a) and shall submit an affidavit verifying the lost or stolen permit in order to be issued a duplicate permit, or surrender the original permit to obtain a corrected permit.
d) Upon receipt by this Office of the fifth conviction within a 12-month period, if at least two of the convictions were issued for violations committed in his/her commercial vehicle, or a sixth conviction within a 12-month period was received and the permit was still valid, an Order of Cancellation shall be entered pursuant to IVC Section 6-206(c)(3).
e) An occupational driving permit shall be cancelled if the Secretary of State receives reliable written evidence that the individual does not qualify for the permit as outlined in subsection (a).
f) Any driver required to obtain a commercial driver's license pursuant to IVC Section 6-507 may not be issued an occupational driving permit to operate a commercial motor vehicle while the individual's CDL is cancelled, revoked, suspended or disqualified pursuant to IVC Sections 6-507(b) and 6-514.
g) Any person who falsely states any fact in the affidavit required by subsection (a)(9) shall be guilty of perjury pursuant to IVC Section 6-302 and upon conviction shall have all driving privileges revoked without further rights.
**History**
- *Source: Amended at 33 Ill. Reg. 2603, effective January 22, 2009*
##### **92 Ill. Adm. Code 1040.52** Driver Remedial Education Course {#sec-1040.52 omnilex-key=us-il-regs-official--title-92--1040.52}
The Secretary of State shall require a driver under the age of 21, whose driving privileges have been suspended pursuant to IVC Section 6-206(a)(4), (11), (16), (21), (31), (33), (34 prior to 7/30/98), (36), (43 prior to 1/1/09), (44) and/or 11-501.8 to successfully complete a driver remedial education course prior to the reinstatement of his/her driving privileges.
**History**
- *Source: Amended at 34 Ill. Reg. 570, effective December 22, 2009*
##### **92 Ill. Adm. Code 1040.55** Suspension or Revocation for Driver's License Classification Violations {#sec-1040.55 omnilex-key=us-il-regs-official--title-92--1040.55}
a) A person who is convicted of operating a motor vehicle without the proper license classification shall have his/her driving privileges suspended or revoked by the Department. If a new upgraded license has been issued for the proper classification of the vehicle being operated at the time of arrest on or prior to the conviction date for a first offense of a license classification violation, no action shall be taken against the individual by the Department.
b) Miscellaneous suspensions shall not be considered prior suspensions for the purpose of this Section.
c) When considering prior convictions, only convictions for operating a motor vehicle without the proper license classification within seven years prior to the arrest date of the incoming conviction shall be considered.
d) Only those suspensions or revocations cleared within seven years prior to the effective date of the forthcoming suspension or revocation shall be considered as prior suspensions or revocations.
e) If a person has no prior suspensions or revocations of any kind and is convicted of operating a motor vehicle in violation of license classification, the Department shall take action as follows:
TABLE
Convictions
Action
1st Conviction
2-month Suspension
2nd Conviction
4-month Suspension
3rd Conviction
6-month Suspension
4th Conviction
12-month Suspension
5th or more Convictions
Revocation
f) If a person has one prior suspension or revocation and is convicted of operating a motor vehicle in violation of license classification, the Department shall take action as follows:
TABLE
Convictions
Action
1st Conviction
4-month Suspension
2nd Conviction
6-month Suspension
3rd Conviction
12-month Suspension
4th or more Convictions
Revocation
g) If a person has two prior suspensions or revocations or any combination thereof and is convicted of operating a motor vehicle in violation of license classification, the Department shall take action as follows:
TABLE
Convictions
Action
1st Conviction
6-month Suspension
2nd Conviction
12-month Suspension
3rd Conviction
Revocation
h) If a person has three prior suspensions or revocations or any combination thereof and is convicted of operating a motor vehicle in violation of license classification, the Department shall take action as follows:
TABLE
Convictions
Action
1st Conviction
12-month Suspension
2nd or more Convictions
Revocation
i) If a person has four or more prior suspensions or revocations or any combination thereof and is convicted of operating a motor vehicle in violation of license classification, the Department shall take action as follows:
TABLE
Convictions
Action
1st or more Convictions
Revocation
j) If a person convicted of operating a motor vehicle in violation of license classification has an arrest date during a period of revocation that is in effect, the revocation shall be extended for one year from the date of the conviction or the latest projected eligibility date on record, whichever is the greater period of time. If a person convicted for operating a motor vehicle in violation of license classification has an arrest date during a period of suspension (including curfew and night time driving restriction suspensions) that is still in effect, the suspension shall be extended for the same amount of time as the originally imposed suspension, in accordance with IVC Section 6-303.
k) If a person has a suspension in effect pursuant to IVC Section 6-206(a)(20) or 6-206(a)(6)and receives a subsequent conviction for operating a motor vehicle in violation of license classification, the suspension shall be amended in accordance with the guidelines of subsections (f) through (i).
**History**
- *Source: Amended at 33 Ill. Reg. 2603, effective January 22, 2009*
##### **92 Ill. Adm. Code 1040.60** Release of Information Regarding a Disposition of Court Supervision {#sec-1040.60 omnilex-key=us-il-regs-official--title-92--1040.60}
a) Information pertaining to a driver's placement on court supervision for any offense as listed in Section 1040.20 shall not be released or made available to any source, except as expressly provided in subsection (b).
b) Information pertaining to a driver's placement on court supervision for any offense shall be released to law enforcement officials, the driver, the parent or guardian of an under the age of 18 driver who holds an instruction permit or a graduated driver's license, his/her attorney, or the driver's licensing administrator of any state upon receipt of the proper request. This information shall also be released to motor carriers or prospective motor carriers after notification to the driver or prospective driver. The Office of the Secretary of State shall provide sufficient information on the driver's driving abstract and supervision history record to enable the requesting party to obtain specific details of the matter by contacting the court that has previously granted the disposition of supervision.
**History**
- *Source: Amended at 33 Ill. Reg. 2603, effective January 22, 2009*
##### **92 Ill. Adm. Code 1040.65** Offenses Occurring on Military Bases {#sec-1040.65 omnilex-key=us-il-regs-official--title-92--1040.65}
a) Reports of Conviction
1) All convictions for traffic offenses committed by an Illinois driver on a military base in the State of Illinois shall be reported to the Office of the Secretary of State by the Office of the Judge Advocate or other similar office from each base located in the State of Illinois on a form provided and prescribed by the Office of the Secretary of State.
2) All convictions for traffic offenses committed on a military base in the State of Illinois by an Illinois driver who is a civilian or military dependent that are adjudicated in a federal district court or by the U.S. Magistrate shall be reported by the federal district court clerk to the Office of the Secretary of State on a form provided and prescribed by the Office of the Secretary of State.
3) Reports of convictions received by the Office of the Secretary of State shall be entered upon the driver's record. Conviction shall mean that the case was disposed of or adjudicated by the U.S. District Court, the U.S. Magistrate, court-martial conviction, or non-judicial punishment pursuant to Article 15 of the Uniform Code of Military Justice (10 USC 810).
b) Revocation or Suspension Action to be Imposed
1) A person, military or civilian, who has been convicted of an offense on a military base that, if committed in this State, would be grounds for mandatory revocation pursuant to IVC Section 6-205, shall have his/her driving privileges revoked. However, the period of the sanction shall not be lessened by the return of driving privileges by the Armed Forces.
2) A person, military or civilian, who has been convicted of an offense on a military base that, if committed in this State, would be grounds for suspension or revocation pursuant to IVC Section 6-206, shall have his/her driving privileges reviewed and shall be subject to the same action as if the offenses had occurred within this State. However, the period of the sanction shall not be lessened by the return of driving privileges by the Armed Forces.
3) A military person who has been convicted under the Uniform Code of Military Justice of an offense similar to one of those listed in IVC Section 6-205shall have his/her driving privileges reviewed in accordance with IVC Section 6-206(a)(24)and driving privileges may be suspended or revoked if the requirements of Section 6-206(a)(24) are met.
4) A civilian person who has been convicted in a federal district court for an offense listed in IVC Section 6-205 or 6-206 that would require suspension or revocation if committed in this State shall have the same sanction imposed as if the offenses had been reported by a State court. This action shall be taken in accordance with IVC Section 6-206(a)(6).
**History**
- *Source: Amended at 33 Ill. Reg. 2603, effective January 22, 2009*
##### **92 Ill. Adm. Code 1040.66** Invalidation of a Restricted Driving Permit {#sec-1040.66 omnilex-key=us-il-regs-official--title-92--1040.66}
Upon receipt of one or more of the following documents from a circuit clerk's office or the Department of Administrative Hearings within the Office of the Secretary of State, the Department shall invalidate a Restricted Driving Permit (RDP):
a) the RDP, when accompanied by evidence of a violation of any restrictions on the RDP, except that the RDP of the permittee whose alcohol/drug use was classified as High Risk Dependent shall not be invalidated based solely on BAIID violations that show the permittee has failed to maintain abstinence; or
b) a copy of a charging document for manslaughter or reckless homicide resulting from operation of a motor vehicle in violation of Section 9-3 of the Criminal Code of 1961 [720 ILCS 5], driving under the influence of alcohol and/or other drugs in violation of IVC Section 11-501, or a similar provision of a local ordinance, leaving the scene of a motor vehicle accident involving death or personal injury in violation of IVC Section 11-401, drag racing in violation of IVC Section 11-504, or street racing in violation of IVC Section 11-506; or
c) a law enforcement officer's sworn report; or
d) a report of any disposition of court supervision or convictions for driving under the influence of alcohol and/or other drugs in violation of IVC Section 11-501, or a similar provision of a local ordinance, leaving the scene of a motor vehicle accident involving death or personal injury in violation of IVC Section 11-401, drag racing in violation of IVC Section 11-504, or street racing in violation of IVC Section 11-506.
**History**
- *Source: Amended at 44 Ill. Reg. 14321, effective August 19, 2020*
##### **92 Ill. Adm. Code 1040.70** Problem Driver Pointer System {#sec-1040.70 omnilex-key=us-il-regs-official--title-92--1040.70}
a) Before issuing or renewing a license for every non-CDL applicant, the Department shall make a request through the Problem Driver Pointer System (PDPS) and the Commercial Driver License Information System (CDLIS) to determine the applicant's eligibility. When a probable match is a result of an inquiry search, the system points the inquiring licensing jurisdiction (State of Inquiry (SOI)) to the licensing jurisdiction that recorded the adverse action against the driver in question (State of Record (SOR)).
b) Before issuing a commercial driver's license (CDL), the Department shall make a driver history record request through both PDPS and CDLIS for driving records from every state in which the applicant has been licensed in the last 10 years. The Secretary shall perform the record checks no earlier than 24 hours prior to issuance if the license is to be issued to a driver who does not currently possess a valid CDL from the State of Illinois and no earlier than 10 days prior to issuance for all other drivers. When a probable match is a result of an inquiry search, the system points the SOI to the SOR.
c) If the applicant has been denied issuance of an Illinois license, certain information shall be required from the other state and/or applicant, and, upon review of the information, a determination of the applicant's eligibility for licensing in the State of Illinois will be made.
d) The Department will receive a daily report that will identify selected applicants issued an Illinois license to determine if the new applicant is eligible to retain his/her Illinois license and/or privilege. The Department shall then verify the validity of the applicant's driving status by contacting the SOR and/or the National Driver Register (NDR).
e) If it is determined from the review that the applicant is not eligible for an Illinois license due to the withdrawal of his/her driving privileges by another state, the Department shall cancel the driving privileges pursuant to IVC Section 6-201(a)(5).
f) If an applicant has falsified information on an application for a driver's license, the applicant shall be suspended pursuant to IVC Section 6-206(a)(9) for 12 months if it is the first offense. If it is the second offense or if the driving record contains an open or pending revocation, driving privileges shall be revoked pursuant to IVC Section 6-206(a)(9).
g) After cancellation, full driving privileges shall not be restored until after restoration in the other state and a clearance letter or verification from that state is received and processed by the Department.
h) If a person's driving privileges have been suspended, his/her driving privileges shall be restored at the termination of the suspension and upon acceptance of the required reinstatement fee as provided for in IVC Section 6-118. A person whose driving privileges have been revoked, is eligible to be considered for reinstatement of driving privileges after the successful completion of all necessary requirements of the Department pursuant to IVC Section 2-110.
i) Upon receipt of a request from the driver licensing authority of another state for the driver history record of a person applying for a CDL who is currently or previously licensed by Illinois, the Department shall provide the information to the requesting state within 30 days.
**History**
- *Source: Amended at 33 Ill. Reg. 2603, effective January 22, 2009*
##### **92 Ill. Adm. Code 1040.80** Cancellation of Driver's License Upon Issuance of a Disabled Person Identification Card {#sec-1040.80 omnilex-key=us-il-regs-official--title-92--1040.80}
a) If a Disabled Person Identification Card as provided in 92 Ill. Adm. Code 1030.91 is issued to someone who has a valid Illinois driver's license, the case shall be forwarded to the Driver Analysis Section of the Department for review and possible cancellation of the person's driver's license. If the person indicated on his/her Disabled Person Identification Card application via affidavit that he/she has a handicap so severe that it precludes him/her from obtaining an Illinois driver's license, the driver's license shall be cancelled unless proof is offered that indicates that the Disabled Person Identification Card was issued in error and should be cancelled.
b) If the applicant holds a valid Illinois driver's license and indicates on his/her Disabled Person Identification Card application via affidavit that his/her handicap is so severe that it precludes him/her from obtaining an Illinois driver's license, the Department shall request that the person submit a medical report to the Driver Analysis Section of the Department. If the medical report is favorable and indicates that the individual can safely operate a motor vehicle, the Disabled Person Identification Card shall be cancelled. However, if the medical report indicates the individual cannot safely operate a motor vehicle, the Illinois driver's license will be cancelled pursuant to IVC Section 6-201(5). If the person wishes to contest the Departmental decision, he/she may request an administrative hearing pursuant to 92 Ill. Adm. Code 1001. If an individual does not submit the medical report after being requested to do so, his/her driver's license shall be cancelled, if one has previously been issued. This decision may also be contested in accordance with 92 Ill. Adm. Code 1001.
**History**
- *Source: Amended at 33 Ill. Reg. 2603, effective January 22, 2009*
##### **92 Ill. Adm. Code 1040.100** Rescissions {#sec-1040.100 omnilex-key=us-il-regs-official--title-92--1040.100}
a) The Department shall rescind the following orders when the specified criteria are met:
1) Suspensions, revocations, disqualifications and denials of driver's license and/or driving privileges, except warrant parking/traffic suspensions, failure to appear suspensions (as applied to residents and non-residents) and statutory summary suspensions, upon receipt of certified court evidence reporting non-conviction, supervision, stricken on leave (SOL), or a correction or an amendment stating there was an error that formed the basis of the suspension, the revocation, or the denial of driver's license/driving privilege and/or it has been vacated or that a previously submitted judgment has been reversed.
2) Cancellation of driver's license and/or driving privileges upon receipt by the Department of one of the following:
A) evidence from an instructor of a driver education program indicating the driver has re-enrolled in the program;
B) favorable physical or psychiatric report from a licensed medical specialist prior to the effective date of the cancellation or receipt of a second report completed by the licensed medical specialist showing the original report submitted was incorrect;
C) evidence from a licensed medical specialist indicating that he/she failed to submit a favorable medical report for the driver within 90 days;
D) evidence reversing a decision made by the Department that two driver's license records are for the same person;
E) court evidence changing the disposition of a conviction previously reported upon which the cancellation was based; or
F) documentation from another state licensing agency that reverses an original report upon which the cancellation was based.
3) Failure to Appear Suspensions upon receipt of certified court evidence vacating the Failure to Appear or when the Department receives a compliance notice or court receipt prior to the effective date of the suspension indicating that the charges have been satisfied.
4) Statutory Summary Suspensions upon receipt of a Certified Hearing Disposition Notice or court order from the court of venue to rescind the suspension.
5) Warrant/Parking Traffic Suspensions upon receipt of certified evidence from the court or municipality indicating the original report was in error or the person identified in the original report was the wrong defendant or the Department receives notice of final disposition prior to the effective date of the suspension.
6) Toll violation or evasion suspensions upon receipt of certified evidence from the Illinois State Toll Highway Authority indicating the original report was in error or the person identified in the original report was the wrong defendant or the Department receives Notice of Final Disposition prior to the effective date of the suspension.
b) The Department shall rescind a suspension, revocation or cancellation pursuant to a decision rendered by the Department of Administrative Hearings within the Office of the Secretary of State as provided in IVC Section 2-118 and 92 Ill. Adm. Code 1001.
**History**
- *Source: Amended at 38 Ill. Reg. 9591, effective April 15, 2014*
##### **92 Ill. Adm. Code 1040.101** Reinstatement Fees {#sec-1040.101 omnilex-key=us-il-regs-official--title-92--1040.101}
a) The fee collected by the Department for reinstatement of a driver's license following a suspension or revocation shall be as prescribed by IVC Section 6-118(b).
b) The Department shall collect one fee for each suspension and revocation identified in IVC Section 6-118(b) prior to license reinstatement.
c) If a suspension or revocation is rescinded, the Department shall not collect a reinstatement fee for that specific action.
**History**
- *Source: Amended at 40 Ill. Reg. 15417, effective December 1, 2016*
##### **92 Ill. Adm. Code 1040.102** Bankruptcy Rule for Suspensions, Cancellations, Failure to Pay, Returned Check and Dishonored Electronic Payment Actions {#sec-1040.102 omnilex-key=us-il-regs-official--title-92--1040.102}
a) If a debtor's driving privileges have been or will be suspended for a parking suspension pursuant to IVC Section 6-306.5, and if the parking or standing tickets are issued prior to petition for discharge, or, if a debtor's driving privileges have been or will be cancelled as a result of a returned check, dishonored credit card, or dishonored electronic payment pursuant to IVC Section 6-201(a)(3), proper notice to the Department shall result in the rescission of the suspension or cancellation from the driving record.
b) If a debtor's privilege to renew or be reissued a driver's license has been or will be prohibited based upon a returned check, dishonored credit card, or dishonored electronic payment pursuant to IVC Section 6-201(a)(3), or based upon a report of failure to pay traffic fines and court costs pursuant to IVC Section 6-306.6, proper notice to the Department shall result in the deletion of this indication from the driving record.
c) Proper notice shall consist of, but not be limited to, one of the following:
1) Petition in Bankruptcy
2) Notice of Meeting of Creditors
3) Schedule A-3 or Schedule of Creditors
4) Trustee Report of No Assets
5) Petition for Discharge Filed in Bankruptcy
6) Notice of Automatic Stay
7) Chapter 13 Wage Earner Plan
d) Any evidence documenting an event prior in time to actual petition for discharge shall be used by the Department to confirm a petition for discharge in bankruptcy has occurred.
e) The debtor shall notify the Department if the Petition in Bankruptcy has been dismissed or the debt has been discharged in bankruptcy.
f) Any previous action taken by the Department to rescind a suspension or prevent the renewal or reissuance of a driver's license or permit based upon proper notice of bankruptcy under this Section shall be reinstituted when:
1) the Petition in Bankruptcy has been dismissed; or
2) the United States Bankruptcy Court orders the debt nondischargeable; or
3) a court of competent jurisdiction enters an order finding the debt upon which the action is based nondischargeable pursuant to applicable sections of 11 USC 523(a) and the U.S. Supreme Court's Federal Rule of Bankruptcy Procedure 4007 (at www.uscourts.gov).
**History**
- *Source: Amended at 42 Ill. Reg. 235, effective December 19, 2017*
##### **92 Ill. Adm. Code 1040.105** Suspension for Five or More Tollway Violations and/or Evasions {#sec-1040.105 omnilex-key=us-il-regs-official--title-92--1040.105}
(Repealed)
**History**
- *Source: Repealed at 45 Ill. Reg. 755, effective December 23, 2020*
##### **92 Ill. Adm. Code 1040.107** Suspension for Violation of Improperly Approaching a Stationary Emergency Vehicle {#sec-1040.107 omnilex-key=us-il-regs-official--title-92--1040.107}
a) If the Department receives a conviction for IVC Section 11-907(c), the Department will take the following action:
ACTION TABLE
Convictions
Action
Conviction with an arrest date prior to 1/1/09
3-month suspension
b) If the Department receives notice of a conviction of a violation of the IVC Section 11-907(c), (c-5), or (c-10) that resulted in damage to property of another person, the Department will take the following action:
ACTION TABLE
Convictions
Action
1st Conviction
3-month Suspension
2nd Conviction
6-month Suspension
3rd or Subsequent Conviction
12-month Suspension
c) If the Department receives notice of a conviction for a violation of IVC Section 11-907(c), (c-5), or (c-10) that resulted in injury to another person, the Department will take the following action:
ACTION TABLE
Convictions
Action
1st Conviction
6-month Suspension
2nd Conviction
12-month Suspension
3rd or Subsequent Conviction
24-month Suspension
d) If the Department receives notice of a conviction for a violation of IVC Section 11-907(c) that resulted in the death of another person, the Department will take the following action:
ACTION TABLE
Convictions
Action
1st or Subsequent Conviction
Revocation
e) If a person has one or more open or pending suspensions and a conviction for violation of IVC Section 11-907(c), (c-5), or (c-10) that resulted in damage to the property of another person or injury to another person is received, a suspension will be entered in accordance with subsection (b) or (c), respectively and become effective upon the latest provisional or projected termination date of the suspension on record.
**History**
- *Source: Amended at 50 Ill. Reg. 4405, effective March 4, 2026*
##### **92 Ill. Adm. Code 1040.108** Suspension for Failure to Make Report of Vehicle Crash Violations {#sec-1040.108 omnilex-key=us-il-regs-official--title-92--1040.108}
a) A person who is convicted of violating IVC Section 11-406 for failure to make a report of a vehicle crash shall have his/her driving privileges suspended by the Department.
b) When considering prior convictions, only those convictions for failure to make a report of a vehicle crash that have an arrest date within seven years prior to the arrest date of the incoming conviction shall be considered.
c) Upon receipt of a report of conviction for failure to make a report of a vehicle crash, the Department shall take action as follows:
ACTION TABLE
Convictions
Action
1st Conviction
2-month Suspension
2nd Conviction
4-month Suspension
3rd or subsequent Conviction
6-month Suspension
d) If a conviction for failure to make a report of a vehicle crash shows an arrest date during a period of revocation that is in effect, the revocation shall be extended for one year from the date of the conviction or the latest projected eligibility date on record, whichever is the greater period of time. If a conviction for failure to make a report of a vehicle crash shows an arrest date during a period of suspension (excluding miscellaneous suspensions) that is still in effect, the suspension shall be extended for the same amount of time as the originally imposed suspension in accordance with IVC Section 6-303.
**History**
- *Source: Amended at 50 Ill. Reg. 4405, effective March 4, 2026*
## **Chapter II** Secretary of State
### **Part 1040** Cancellation, Revocation or Suspension of Licenses or Permits
##### **92 Ill. Adm. Code 1040.109** Suspension for Two or More Convictions for Railroad Crossing Violations {#sec-1040.109 omnilex-key=us-il-regs-official--title-92--1040.109}
An individual who has two or more convictions for violating IVC Section 11-1201 shall have his/her driving privileges suspended by the Department in accordance with IVC Section 6-206(a)(39).
a) In reviewing an individual's driving record for convictions of violating IVC Section 11-1201 only those convictions with arrest dates on or after January 1, 2003 shall be considered.
b) If the driving record contains two or more convictions for violating IVC Section 11-1201, the following action shall be taken:
ACTION TABLE
Convictions
Action
2nd Conviction
6-month Suspension
3rd or subsequent Conviction
12-month Suspension
**History**
- *Source: Amended at 33 Ill. Reg. 2603, effective January 22, 2009*
##### **92 Ill. Adm. Code 1040.110** Bribery {#sec-1040.110 omnilex-key=us-il-regs-official--title-92--1040.110}
a) The Department shall, pursuant to IVC Section 6-103(16), deny for a period of 120 consecutive days the issuance of a driver's license and/or permit to any person who, with intent to influence any act related to the issuance of any driver's license or permit, promises or tenders to an employee of the Secretary of State's Office, the owner or employee of any commercial driver training school licensed by the Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer any part of a driver's license examination any property or personal advantage that person is not authorized by law to accept.
b) The Department shall, pursuant to IVC Section 6-103(16), invalidate for a period of 120 consecutive days the driver's license and/or permit of any person who, with intent to influence any act related to the issuance of any driver's license or permit, promises or tenders to an employee of the Secretary of State's Office, the owner or employee of any commercial driver training school licensed by the Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer any part of a driver's license examination any property or personal advantage that person is not authorized by law to accept. Any persons promising or tendering such property or personal advantage shall be disqualified from holding any class of driver's license or permit.
c) When any employee of the Secretary of State's Office, the owner or employee of any commercial driver training school licensed by the Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer any part of a driver's license examination is tendered a bribe or a bribe has been attempted as defined in Section 1040.1, the person bribed or attempted to be bribed shall immediately report the incident to authorized personnel, as defined in Section 1040.1. Authorized personnel shall immediately proceed in the following manner: complete the interview process; complete the designated bribery/attempted bribery form; and notify the appropriate staff of the bribery incident. All evidence collected from the incident shall be placed in a secure locked place. For purposes of this Section, the Department shall disqualify the individual for a designated time upon receipt of the prescribed bribery/attempted bribery form faxed by the authorized personnel.
d) The facility application for any facility administered test that was successfully completed prior to the termination of further testing due to bribery/attempted bribery shall be validated and a receipt shall be given to the individual for any statutory fees collected by an employee of the Secretary of State's Office.
e) Pursuant to IVC Section 2-118, any person whose driver's license or permit has been disqualified under this Section may request an administrative hearing to contest the Department's action.
**History**
- *Source: Amended at 33 Ill. Reg. 2603, effective January 22, 2009*
##### **92 Ill. Adm. Code 1040.111** Suspension for Failure to Yield Upon Entering a Construction or Maintenance Zone When Workers Are Present {#sec-1040.111 omnilex-key=us-il-regs-official--title-92--1040.111}
a) If the Department receives notice of a conviction for a violation of IVC Section 11-908(a-1) that resulted in damage to the property of another person, the Department will take the following action:
ACTION TABLE
Convictions
Action
1st Conviction
3-month Suspension
2nd Conviction
6-month Suspension
3rd or Subsequent Conviction
12-month Suspension
b) If the Department receives notice of a conviction for a violation of IVC Section 11-908(a-1) that resulted in injury to another person, the Department will take the following action:
ACTION TABLE
Convictions
Action
1st Conviction
6-month Suspension
2nd Conviction
12-month Suspension
3rd or Subsequent Conviction
24-month Suspension
c) If the Department receives notice of a conviction for a violation of IVC Section 11-908(a-1) that resulted in the death of another person, the Department will take the following action:
ACTION TABLE
Convictions
Action
1st or Subsequent Conviction
24-month Suspension
d) If a person has one or more open or pending suspensions (excluding miscellaneous suspensions) and a conviction for a violation of IVC Section 11-908(a-1) is received, the Department will enter the suspension in accordance with this Section. The suspension will become effective upon the latest provisional or projected termination date of the suspension on record.
e) If the Department receives a record of judgment entered against a person for a conviction of a violation of IVC Section 11-908(a-1) in which the court has ordered a suspension of a different length to be imposed, the Department will enter the suspension for the period specified by the court.
**History**
- *Source: Amended at 47 Ill. Reg. 3382, effective February 24, 2023*
##### **92 Ill. Adm. Code 1040.115** Suspension for Theft of Motor Fuel (repealed) {#sec-1040.115 omnilex-key=us-il-regs-official--title-92--1040.115}
**History**
- *Source: Repealed at 45 Ill. Reg. 755, effective December 23, 2020*
##### **92 Ill. Adm. Code 1040.116** Discretionary Suspension/Revocation; Committing Perjury; Submitting False/Fraudulent Documents; Notification by Department of Administrative Hearings {#sec-1040.116 omnilex-key=us-il-regs-official--title-92--1040.116}
a) The Department of Administrative Hearings, whenever it has clear and convincing evidence that a person committed perjury, or submitted fraudulent, falsified or materially altered documents, or submitted documents as his/her own that were prepared or composed for another person, shall notify the Driver Services Department.
b) Such notification shall include a request from the Department of Administrative Hearings to take action against the driving privileges of the person and one or more of the following:
1) A copy of the administrative order entered pursuant to a hearing held; or
2) A copy of any and all fraudulent, falsified or materially altered documents; or
3) Any other relevant documents.
c) The Driver Services Department shall, upon receipt of the notification, take the following action:
1) If the person's driving record does not contain a previous suspension/revocation for cause under this Section, an order of suspension of the person's driving privileges shall be entered for 12 months.
2) If the person's driving record does contain a previous suspension/revocation for cause under this Section, an order of revocation of the person's driving privileges shall be entered.
d) Any person whose driving privileges are suspended or revoked under the provisions of this Section may contest this sanction at an administrative hearing under the provisions of IVC Section 2-118.
**History**
- *Source: Added at 33 Ill. Reg. _____, effective 2603________*
##### **92 Ill. Adm. Code 1040.117** Suspension for Concealment or Obstruction of Registration to Hinder Law Enforcement {#sec-1040.117 omnilex-key=us-il-regs-official--title-92--1040.117}
a) A person who has been convicted of a violation of IVC Section 3-413(j) shall have his/her driving privileges suspended by the Department.
b) Upon notice of conviction, the Department shall take the following action:
ACTION TABLE
Convictions
Action
1st Conviction
6-month Suspension
1st Conviction (with open or pending revocation)
Revocation
2nd Conviction
12-month Suspension
3rd or subsequent Conviction
Revocation
**History**
- *Source: Added at 37 Ill. Reg. 1762, effective January 25, 2013*
### **Part 1050** License Provisions Violations
##### **92 Ill. Adm. Code 1050.10** License as Bail {#sec-1050.10 omnilex-key=us-il-regs-official--title-92--1050.10}
A uniform traffic ticket and complaint as adopted and approved by the Conference of Chief Circuit Court Judges of Illinois Courts and as filed with the Supreme Court of Illinois shall constitute a receipt for any drivers license deposited in lieu of or in addition to bail by any alleged offender with any judge, court clerk, arresting officer or other official accepting such deposit. The alleged offender's copy of such uniform traffic ticket and complaint issued to him at the time of an arrest and the deposit of his license in lieu of or in addition to bail may be used as authority or permission to operate a motor vehicle until such time as his drivers license is returned to him or the traffic charge for which he has been arrested has been disposed of.
### **Part 1055** Anti-Theft and Abandoned Vehicles Law
##### **92 Ill. Adm. Code 1055.10** Definitions {#sec-1055.10 omnilex-key=us-il-regs-official--title-92--1055.10}
For purposes of this Part, the following definitions shall apply:
"B.A.T." Program – the Motor Vehicle Theft Prevent Program as set forth in Section 4-109 of the I.V.C.
"First Division" – Those motor vehicles which are designed for the carrying of not more than 10 (ten) persons.
"Registered owner" – A person who holds legal title of a vehicle registered in the State of Illinois.
"Second Division" – Those vehicles which are designed for carrying more than 10 (ten) persons, those designed or used for living quarters and those vehicles which are designed for pulling or carrying property, freight, or cargo, those motor vehicles of the First Division remodelled for use and used as motor vehicles of the Second Division, and those motor vehicles of the First Division used and registered as school buses.
##### **92 Ill. Adm. Code 1055.20** Application for Participation {#sec-1055.20 omnilex-key=us-il-regs-official--title-92--1055.20}
a) Any resident of Illinois who is a registered owner of a motor vehicle of the First Division or of the Second Division under 8,000 pounds may participate in the "B.A.T." program.
b) Requests for consent forms can be made by telephone to 1-800-608-0561 or in writing to:
BEAT AUTO THEFT PROGRAM
Illinois Secretary of State
Department of Police
324 West Monroe
Springfield, Illinois 62756
Consent forms will also be made available to local law enforcement agencies and Driver's Services facilities for dissemination.
c) A separate consent form provided by the Secretary of State will be required for each vehicle to be registered with the "B.A.T." Program. Only consent forms provided by the Secretary of State will be accepted.
d) Consent forms shall be returned to the Secretary of State at the address given in subsection (b) above accompanied by check or money order made payable to the "Secretary of State" in the amount of $5.00 (five dollars) per consent form.
e) Upon verification of the applicant's information, the Secretary of State Police Inquiry Unit (P.I.U.) will assign a decal number to the applicant's registered vehicle and return mail a registration receipt form and decal to the applicant.
f) P.I.U. will indicate that the vehicle/registered owner is participating in the "B.A.T." Program by "tagging" the Secretary of State Vehicle Registration file.
g) Decal shall be affixed to the registered vehicle in the following manner:
1) On a First Division vehicle; in the lower left corner (driver's side) of the rear windshield.
2) On a Second Division vehicle; in the lower left corner (driver's side) of the rear windshield.
3) On a Second Division vehicle with no back window exposed; in the lower right hand corner of the driver's side window.
4) On a motorcycle; on the left side of the front fork.
5) Any other vehicle; as prescribed on a case by case basis by the Secretary of State.
##### **92 Ill. Adm. Code 1055.30** Transfer, Withdrawal, Cancellation {#sec-1055.30 omnilex-key=us-il-regs-official--title-92--1055.30}
a) Neither decal nor registration in the "B.A.T." Program is transferrable.
b) If registered vehicle is sold, it is the participant's responsibility to remove the decal from the vehicle and inform the Secretary of State via the cancellation/withdrawal form that the vehicle is to be withdrawn from the B.A.T. Program.
c) No part of the registration fee is refundable.
##### **92 Ill. Adm. Code 1060.5** Definitions {#sec-1060.5 omnilex-key=us-il-regs-official--title-92--1060.5}
For purposes of this Part, the following definitions shall apply:
"Administrator" − any individual who is employed by or acts on behalf of a high school who administers a State approved high school driver education program.
"Adult Driver Education Course" − a six-hour classroom or online course of driver education for persons ages 18, 19 or 20 offered by an adult driver education course provider.
"Adult Driver Education Course Provider" or "Provider" − an entity certified by the Secretary of State to provide an adult driver education course in a classroom setting, which also may be certified to offer an adult driver education course online.
"Branch Office" – an office of a commercial driver training school in a distinct location from the main office, but that conducts business under the name and as a part of the school as provided in IVC Article IV and that meets the requirements of Section 1060.50.
"Business Day" – any day that the Office of the Secretary of State Commercial Driver School Division is open, i.e., Monday through Saturday, excluding State holidays.
"Cancellation" – the without prejudice annulment or termination by formal action of the Secretary of a driver training school's license or a driver training school instructor's license because of some error or defect in the license or because the licensee is in some form of violation of any of the requirements in the Illinois Vehicle Code or Illinois Administrative Code. The annulment or termination shall not be subject to renewal or restoration, except that an application for a new license shall be presented and acted upon by the Secretary after the licensee demonstrates compliance with the provisions of this Part for which the cancellation was issued.
"CDL Accreditation" – the accreditation of a commercial driver training school by the Department that allows the school to offer instruction to students who wish to obtain a CDL or endorsement.
"CDL Study Guide" – a study guide, compiled by the Secretary of State from information contained in the Illinois Vehicle Code and 49 CFR 383, that is designed to aid drivers in preparing for a CDL examination.
"Commercial Driver's License" or "CDL" − a license issued by a state or other jurisdiction, in accordance with the standards contained in 49 CFR 383 (2020; this incorporation includes no later amendments or editions), to an individual, which authorizes the individual to operate a certain class of commercial motor vehicle as defined in IVC Section 1-111.6.
"Commercial Driver Training School" – an entity licensed by the Secretary of State to engage in the business of giving instruction for a fee in the driving of motor vehicles or in the preparation of an applicant for examination given by the Secretary of State for a driver's license or permit. This definition does not include school districts and regional offices of education that share the cost of providing entry-level driving training for current and prospective school bus driver applicants of the district, so long as no fee is charged to the school bus driver applicant.
"Commercial Driver Training Section" – a unit of the Department of Driver Services that oversees the licensing of commercial driving schools and the instructors in commercial driver training schools.
"Commercial Motor Vehicle" or "CMV" – a motor vehicle used in commerce, except those referred to in Section 6-500(6)(B) of the Illinois Vehicle Code, designed to transport passengers or property if:
the vehicle has a Gross Vehicle Weight Rating (GVWR) of 26,001 pounds or more or a lesser GVWR subsequently determined by federal regulations (49 CFR 383 (2020)); or
any combination of vehicles with a Gross Combination Weight Rating (GCWR) of 26,001 pounds or more, provided the GVWR of any vehicle or vehicles being towed is 10,001 pounds or more; or
the vehicle is designed to transport 16 or more persons; or
the vehicle is transporting hazardous materials and is required to be placarded in accordance with 49 CFR 172, subpart F (2020). [625 ILCS 5/6-500(6)]
"Competent Medical Examiner" – any person licensed to practice medicine in all its branches in the State of Illinois or any other state, a licensed physician assistant, or a licensed advanced practice registered nurse.
"Defined Time Frame Course" – A teen accredited 30-hour classroom course that must be distributed regularly over a minimum period of 4 complete weeks and must have definite starting and completion dates. Students may not be absent for more than four class sessions (eight clock hours) of the course.
"Department" – the Department of Driver Services within the Office of the Secretary of State.
"Endorsement" – an indication on the driver's license that the driver has qualified to operate certain types and combinations of vehicles, or carry specified cargo.
"Enhanced Instruction Report" – a report submitted on a form prescribed by the Department showing the name, address, and number of behind-the-wheel instruction periods taken for every student who has had 25 hours of behind-the-wheel instruction.
"Entry-level driver training" – the training an entry-level driver receives from an entity listed on the Federal Motor Carrier Safety Administration's Training Provider Registry (https://tpr.fmcsa.dot.gov/) prior to:
taking the CDL skills test required to receive the Class A or Class B CDL for the first time;
taking the CDL skills test required to upgrade to a Class A or Class B CDL; or
taking the CDL skills test required to obtain a passenger or school bus endorsement for the first time or the CDL knowledge test required to obtain a hazardous materials endorsement for the first time. [625 ILCS 5/6-500(15.2)]
"Fraudulent Activity" – includes anything calculated to deceive, whether it be a single act or combination of circumstances, whether the suppression of truth or the suggestion of what is false, whether it be by direct falsehood or by innuendo, by speech or by silence.
"Gross Vehicle Weight Rating" or "GVWR" – the value specified by the manufacturer or manufacturers as the maximum loaded weight of a single vehicle. The GVWR of a combination of vehicles (commonly referred to as the "Gross Combination Weight Rating" or "GCWR") is the GVWR of the power unit plus the GVWR of the towed unit or units. In the absence of a value specified by the manufacturer, GCWR is determined by adding the GVWR of the power unit and the total weight of the towed unit and any load on the unit. [625 ILCS 5/1-124.5]
"Hazardous Materials" – any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR 172 (2020) or any quantity of a material listed as a select agent or toxin in 42 CFR 73 (2020).
"Illinois Vehicle Code" or "Vehicle Code" or "IVC" − 625 ILCS 5.
"Instruction Record" – records kept by the instructor to reflect the number of hours a pupil in a commercial driver training school attends behind-the-wheel and classroom instruction as provided in IVC Section 6-418.
"Main Office" – the primary office of the commercial driver training school that is designed solely for conducting the business of the school as provided in Article IV of the Illinois Driver Licensing Law of the Illinois Vehicle Code.
"Physical Facilities" – the building and items that constitute part of the building, including the telephone and the furniture.
"Restriction" – the notation on a driver's license or permit indicating requirements deemed applicable to the licensee by the Department to assure safe operation of a motor vehicle.
"Revocation" – the termination by formal action of the Secretary of a commercial driver training school's license or a commercial driver training school instructor's license. The termination shall be subject to renewal or restoration identical to the provisions for revocation of a driver's license as provided in IVC Section 1-176.
"Sequential Module Course" – A teen accredited 30-hour classroom course that students must take in the proper sequential order indicated in the school's classroom content curriculum submitted to and approved by the Secretary of State. The course must be completed within 9 months after the first classroom session attended.
"Sex and Drug Related Offenses" – offenses of criminal sexual assault [720 ILCS 5/12-13], aggravated criminal sexual assault [720 ILCS 5/12-14], criminal sexual abuse [720 ILCS 5/12-15], aggravated criminal sexual abuse [720 ILCS 5/12-16], juvenile pimping [720 ILCS 5/11-19.1], soliciting for a juvenile prostitute [720 ILCS 5/11-15.1], unauthorized manufacture or delivery of a controlled substance, including counterfeit drugs [720 ILCS 570/401], sale, delivery or exchange of instruments used for illegal drug use or abuse [720 ILCS 5/22-51], delivery of a controlled substance, including counterfeit and look alike substances [720 ILCS 570/407], manufacture or delivery of cannabis [720 ILCS 550/5], delivery of cannabis [720 ILCS 550/7], the production of the cannabis plant [720 ILCS 550/8], illegal possession in a motor vehicle of any controlled substance or any cannabis [625 ILCS 5/6-206(a)(28)], the criminal transmission of HIV [720 ILCS 5/12-16.2], exploitation of a child [720 ILCS 5/11-19.2], controlled substance trafficking [720 ILCS 570/401.17], cannabis trafficking [720 ILCS 550/5.1], delivery of cannabis on school grounds [720 ILCS 550/5.2], calculated criminal cannabis conspiracy [720 ILCS 550/9], calculated criminal drug conspiracy [720 ILCS 570/405], and criminal drug conspiracy [720 ILCS 570/405.1].
"Short Review Course" − a course offered by commercial driver training schools to pupils who have previously held or currently hold a valid driver's license and that does not meet the requirement of six hours of classroom instruction and six hours behind-the-wheel instruction.
"Surety Bond" – a written obligation whereby a person assumes liability for another person's debts or defaults of obligation.
"Suspension" – the procedures for temporary withdrawal of a commercial driver training school's license or commercial driver training school instructor's license identical to the provisions for the suspension of a driver's license as provided in IVC Section 1-204.
"Teen Accreditation" – the accreditation of a commercial driver training school by the Department that allows the school to offer instruction to pupils under age 18.
**History**
- *Source: Amended at 50 Ill. Reg. 4547, effective March 4, 2026*
## **Chapter II** Secretary of State
### **Part 1060** Commercial Driver Training Schools
##### **92 Ill. Adm. Code 1060.10** Unlicensed Person May Not Operate Driver Training School {#sec-1060.10 omnilex-key=us-il-regs-official--title-92--1060.10}
a) No entity or individual that accepts payment in performing activities in driver training instruction or the preparation of an applicant for examination given by the Secretary of State for a driver's license or permit may operate unless licensed as a commercial driving school that is in compliance with Article IV of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6, Art. IV].
b) Any entity or individual that is licensed as a commercial driving school must display its appropriate license in a visibly prominent place at their established place of business.
c) No person or group licensed as a driver training school, or any agent, servant or employee of any driver training school, shall give driver training instruction unless licensed by the Department as a driver training instructor.
d) No school shall operate before it is properly licensed to do business in the State of Illinois by the Secretary of State as provided in Section 6-401 of the Illinois Vehicle Code [625 ILCS 5/6-401].
e) No school may remain in operation if its license to do business in Illinois is suspended, revoked, canceled or not renewed.
**History**
- *Source: Amended at 46 Ill. Reg. 6670, effective April 11, 2022*
##### **92 Ill. Adm. Code 1060.20** Requirements for School Licenses {#sec-1060.20 omnilex-key=us-il-regs-official--title-92--1060.20}
a) The Secretary of State shall not issue, or shall deny, cancel, suspend or revoke, a driver training school license:
1) Unless the applicant has at least one motor vehicle owned or leased in the name of the driver training school or school owner indicated on the license, and registered by the Secretary of State Vehicle Services Department, that has been safety-inspected and insurance-certified as required pursuant to IVC Section 6-402(d) for use by the school for driver training purposes and driving instruction.
2) Unless the applicant has at least one person who is employed by or associated with the school and who is licensed or qualified to be licensed by the Department as a driver training instructor for that school.
3) Unless the physical facilities meet the requirements of this Part.
4) Unless the applicant is of good moral character as required pursuant to IVC Section 6-402(a). In making a determination of good moral character, the Department is not limited to, but may consider, the following:
A) Whether the applicant has been convicted of a felony or a misdemeanor. The Department shall consider:
i) The relationship of any crime of which the applicant has been convicted to the ability to operate a driver training school;
ii) The length of time that has elapsed since the applicant's last criminal conviction;
iii) Whether the applicant successfully completed any sentence imposed with the convictions;
iv) Whether the applicant has multiple convictions for felony or misdemeanor offenses.
B) If the person has been indicted, formally charged or otherwise charged with a felony or a misdemeanor, the license shall be either denied or cancelled.
i) If the person whose commercial driver training school license has been denied or cancelled under this Part is adjudicated "guilty" by the court systems, the denial or cancellation previously entered on the person's record in accordance with Section 1060.190(b) shall stand. This action does not preclude further suspension and/or revocation of the commercial driver training school license under another Section of this Part or the IVC.
ii) If the person whose commercial driver training school license has been denied or cancelled under this Part is adjudicated "not guilty" by the court systems, the denial or cancellation previously entered on the license in accordance with Section 1060.190(b) shall be rescinded. This action does not preclude further suspension and/or revocation of the commercial driver training school license under another Section of this Part or the IVC.
iii) If the person whose commercial driver training school license has been denied or cancelled under this Part is granted a disposition of "court supervision" by the court systems, the denial or cancellation previously entered on the license in accordance with Section 1060.190(b) shall be rescinded. This action does not preclude further suspension and/or revocation of the commercial driver training school license under another Section of this Part or the IVC.
5) To any licensed school owner who, during the course of any and all interaction with students:
A) engaged in activity that puts the student in danger; or
B) engaged in reckless behavior; or
C) failed to maintain a professional relationship with students at all times.
b) Only one driver training school license shall be issued to any individual, group, association, partnership or corporation, and the Department shall deny the application of any driver training school if any of the applicants are unqualified, are already licensed, or have applied for another driver training school license.
c) The applicant shall not be a current salaried or contractual employee of the Secretary of State, as mandated by the guidelines of the Secretary of State's Office policy manual that states that an employee shall not advocate or promote specific professional or commercial services to the public in matters under the jurisdiction of the Office of the Secretary of State.
d) No accreditation program shall remain in operation if properly qualified personnel are not available or if other changes occur that would reduce its qualifications. Exception: in the event of fire, flood or other catastrophe, the school may temporarily continue to operate with facilities that are not up to standards only for the duration of the courses that have been started, if the Director of the Department consents. A Secretary of State employee shall determine that no health or safety hazard exists in violation of any local ordinance or State or federal law or regulation before the Director of the Department shall give consent. No new course can be started until facilities meet the minimum requirements for licensing.
e) No driver training school shall operate in the State of Illinois unless it provides and files with the Department a continuous surety bond in the principal sum of $10,000 for a non-accredited school, $40,000 for a CDL or teen accredited school, $60,000 for a CDL accredited and teen accredited school, $50,000 for a CDL or teen accredited school with three or more licensed branches, $70,000 for a CDL accredited and teen accredited school with three or more licensed branches, underwritten by a company authorized to do business in the State of Illinois, for the protection of the contractual rights of students as provided in IVC Section 6-402(e). All bonds filed pursuant to this provision shall be in substantially the following form:
Know All Persons by These Presents, That
We,
, of
,
hereinafter referred to as Principal and
, a
corporation organized and existing to do business in the State of Illinois, for the use and benefit of all persons who may be damaged by breach of this bond, as Obligees, in the penal sum of $10,000 for a non-accredited school, $40,000 for a CDL or teen accredited school, $60,000 for a CDL accredited and teen accredited school, $50,000 for a CDL or teen accredited school with three or more licensed branches, $70,000 for a CDL accredited and teen accredited school with three or more licensed branches, lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our executors, administrators, successors and assigns, firmly by these presents. The condition of this obligation is such that the principal has made application for a license or permit to the State of Illinois for the purpose of exercising the vocation of a driver training school. If the Principal faithfully complies with the Illinois Vehicle Code and all rules and regulations that have been or may hereafter be in force concerning the license or permit, and shall save and keep harmless the Obligees from all loss or damage that may be sustained as a result of the issuance of the license or permit to the Principal, this obligation shall be void; otherwise, this obligation shall remain in full force and effect. The bond will expire but may be continued by renewal certificate signed by Principal and Surety. The Surety may at any time terminate its liability by giving 30 days written notice to the Commercial Driver Training School Section of the Driver Services Department, 1800 W. Hawthorne Lane, West Chicago, Illinois 60185, and the Surety shall not be liable for any default after that 30-day notice period, except for defaults occurring prior thereto.
Signed, Sealed and Dated this
day of
, 20__.
Principal
Surety
By
Attorney-in-fact
f) Upon receipt of a properly executed application for a driver training school license, or driver training instructor's license, the Department shall investigate the qualifications of the applicant, and authorized representatives shall inspect the school property and equipment to determine whether the application should be granted or denied.
g) An owner or manager shall not engage in fraudulent activity as defined in Section 1060.5.
h) An owner or employee of a commercial driver training school shall not have been declared to have engaged in fraudulent activity within the 5 years prior to making application.
i) Licenses shall be issued by the Department.
j) An owner shall not knowingly use unlicensed instructors for the purpose of classroom or behind the wheel instruction.
k) An owner or applicant shall not be employed as an administrator and/or teacher of a State-approved high school driver education program.
l) An owner of a commercial driver training school that provides motorcycle instruction shall not provide any person with an Illinois Department of Transportation Rider Education Course Completion Card.
m) An individual whose commercial driver training school license has been denied, cancelled, suspended or revoked pursuant to this Part may request an administrative hearing pursuant to 92 Ill. Adm. Code 1001.
**History**
- *Source: Amended at 46 Ill. Reg. 6670, effective April 11, 2022*
##### **92 Ill. Adm. Code 1060.30** Driver Training Schools Names {#sec-1060.30 omnilex-key=us-il-regs-official--title-92--1060.30}
a) No driver training school shall adopt, use, or conduct any business under a name that is not distinguishable upon the records of the Department from a name used by another driver training school as defined in 14 Ill. Adm. Code 150.440.
b) No licensed driver training school shall incorporate under its own or another name unless the name of the proposed corporation is submitted to the Department of Business Services of the Office of the Secretary of State for a final determination of the availability of the name along with the fee required by Section 15.10 of the Business Corporation Act of 1983 [805 ILCS 5/15.10].
c) No licensed driver training school's name shall contain, separate and apart from any other word or abbreviation in such name, the word "corporation", "company", "incorporated", or limited", or an abbreviation of one of such words, unless so licensed by the Secretary of State.
d) No driver training school shall change its name, the location of its established place of business or any of its branch facilities unless thirty (30) days prior written notice is given to the Department stating the change of name or location or both. Upon receipt of the above notice, the Department shall, without an application fee, require the driver training school to complete an amended application for license in the form and manner as prescribed for original applicants.
**History**
- *Source: Amended at 18 Ill. Reg. 7788, effective May 9, 1994*
##### **92 Ill. Adm. Code 1060.40** Refund of Application Fees {#sec-1060.40 omnilex-key=us-il-regs-official--title-92--1060.40}
The Secretary of State shall not refund any application fee which has been submitted by any person with an application for a driver training school or driver training instructor's license. This provision shall apply to all applicants regardless of whether a license has been issued or denied.
**History**
- *Source: Amended at 18 Ill. Reg. 7788, effective May 9, 1994*
##### **92 Ill. Adm. Code 1060.50** School Locations and Facilities {#sec-1060.50 omnilex-key=us-il-regs-official--title-92--1060.50}
a) Each driver training school must comply with IVC Section 6-409. In addition, the branch classroom shall be identified as such by a permanent sign which indicates the location of the main office and classroom and which is reasonably visible to the general public from outside the branch classroom.
b) The established place of business of each driver training school shall comply with IVC Section 6-406 and, in addition:
1) The main office and each branch office shall have a minimum of 150 square feet of office space;
2) Each school facility must post, in a conspicuous place, on or near the permanent school sign, the days and regular hours, on file with the Secretary of State, when open. A school shall not be deemed open for business unless at least one authorized representative of the school is present; and
3) The main office and each branch office of the driver training school may be in the same building with another business, providing the other business being conducted is legal and that the business has its own entrance.
c) The established place of business or branch office, branch classroom or advertised address of any driver training school shall comply with all restrictions contained in IVC Section 6-405(b).
d) Each established main office and branch office facility must maintain a place of business which shall be open to the general public during posted hours on file with the Secretary of State, a minimum of 8 hours per week. The 8 hours must be on Monday through Friday between the hours of 7 a.m. and 5 p.m.
e) The classroom facility shall contain the following:
1) Sufficient seating facilities and writing surfaces for students;
2) Charts, diagrams, traffic control devices, or pictures relating to the operation of motor vehicles and traffic laws;
3) Blackboards or other forms of illustrative devices which are visible from all seating areas;
4) Textbooks, reference books and pamphlets relating to the proper operation of motor vehicles and traffic laws;
5) Adequate fire extinguishers in operable condition as required pursuant to IVC Section 6-406(c).
f) Each main classroom or branch classroom shall have:
1) a minimum of 300 square feet of classroom space and the main classroom shall be within close proximity of the main office facility;
2) installed a heating and ventilating system adequate to maintain a comfortable room temperature for the occupants;
3) installed an adequate lighting system so as to provide sufficient lighting for the occupants.
g) A driver training school that has an established place of business and a main classroom facility may operate a branch classroom, provided it meets all requirements of the main classroom.
1) Upon receipt by the Department of a written request to open a branch classroom or branch office, an authorized representative of the Department shall inspect the branch office or branch classroom, and, if it complies with the provisions of IVC Section 6-406(e) and this Part, the Department shall issue the appropriate license, which must be displayed in a visibly prominent place in the branch facility.
2) When a branch facility is to be closed, the driver training school shall return the branch facility's license to the Secretary of State in a timely manner.
**History**
- *Source: Amended at 42 Ill. Reg. 16056, effective August 3, 2018*
##### **92 Ill. Adm. Code 1060.60** Driver Training School Student Instruction Record {#sec-1060.60 omnilex-key=us-il-regs-official--title-92--1060.60}
a) All driver training schools licensed by the Department shall maintain a permanent record of instruction given to each student in accordance with IVC Section 6-408. If records of the driver training school are kept on a computer, a hard copy must be retained for inspection purposes.
b) Each driver training school shall furnish the student a duplicate of his or her instruction record when the student completes all of the courses contracted for or otherwise ceases taking instruction at or with the school.
c) The branch office must maintain a copy of the student's instruction record and any other student records required by the Department for a minimum period of 6 months before transferring the records to the Main Office, where they shall be kept on file in accordance with IVC Section 6-408.
d) Road tests conducted at Secretary of State facilities and off-site commercial driving school testing sites are considered a part of instruction, and records of these tests shall be maintained by the driver training school.
e) Failure to maintain the required student instruction records, and/or the maintenance of incomplete records, shall be prima facie evidence that the required instruction was not administered.
**History**
- *Source: Amended at 37 Ill. Reg. 4295, effective March 20, 2013*
##### **92 Ill. Adm. Code 1060.70** Driver Training School Course of Instruction {#sec-1060.70 omnilex-key=us-il-regs-official--title-92--1060.70}
a) A minimum of 6 hours of classroom instruction and 6 hours of behind-the-wheel instruction must be offered to each student who enrolls in any driver training school. If a student declines the classroom instruction, the school shall secure a signed statement from the student on forms prescribed by the Department, wherein such student states that he has been offered the 6 hours of classroom instruction and declines the instruction. The statements shall be kept with the student's instruction records.
b) Classroom instruction shall be made available at least once each calendar month for students currently enrolled in the school and shall include instruction in safe driving practices in the operation of motor vehicles.
c) The minimum of 6 hours of behind-the-wheel instruction shall consist of actual driving practice while in a motor vehicle. Instruction given while the vehicle is parked shall not be recorded or be considered as classroom instruction. Behind-the-wheel instruction must only be given in a motor vehicle owned or leased by the Driver Training School which has been safety inspected by the Illinois Department of Transportation and has insurance which has been certified by the Department. If a student declines the behind-the-wheel instruction, the school shall secure a signed statement from the student, on forms prescribed by the Department, wherein such student states he has been offered the 6 hours of behind-the-wheel instruction and declines the instruction. The statements shall be kept with the student's instruction records.
d) The minimum of 6 hours of classroom instruction shall be offered to all students enrolled for a regular course in any driver training school. Time spent by a student operating a driving simulator under the supervision of a licensed instructor may be counted as classroom instruction time, provided the student receives at least 4 hours of lectures or other instruction on safe driving practices.
e) Students enrolled in a short review course need not comply with the minimum requirements stated above; however, no driver training school shall offer a short review course to any student who has never had a valid driver's license or a course in driver training and instruction which meets the minimum requirements prescribed above.
f) Behind-the-wheel driving lessons, observation lessons, travel time, or any combination thereof, shall not exceed 3 hours in length for any student in any 24 hour period, excluding time spent at a Driver Services facility for testing purposes. If more than one student is present in the training car (e.g., one student behind-the-wheel, one observing), the total combined time should not exceed 3 hours, excluding time spent at a Driver Services Facility for testing purposes. A driver training school providing training for a commercial driver's license is exempt from this requirement.
g) Each driver training school must submit an "Enhanced Instruction Report" on a form prescribed by the Department showing the name, address, and number of behind-the-wheel instruction periods taken for every student who has had 25 hours of behind-the-wheel instruction. A supplementary "Enhanced Instruction Report" must be submitted after each additional 10 hours of instruction and a final report must be submitted within 5 days after any such student completes his instruction. A driver training school providing training for a commercial driver's license is exempt from this requirement.
h) A student must possess a current or valid instruction permit or valid driver's license unless exempted as provided by law during each and every behind-the-wheel lesson.
i) The commercial driver training school instructor shall be responsible for verifying that each student has a valid instruction permit during each and every behind-the-wheel lesson.
**History**
- *Source: Amended at 37 Ill. Reg. 4295, effective March 20, 2013*
##### **92 Ill. Adm. Code 1060.71** Adult Driver Education Course Certification {#sec-1060.71 omnilex-key=us-il-regs-official--title-92--1060.71}
a) Certification of Provider – Any entity that desires to offer an adult driver education course in a classroom setting, as provided in Section 6-107.5 of the IVC, must be licensed as a commercial driver training school and be certified as an adult driver education provider by the Secretary of State through the Department before instruction can be offered or advertised. Any entity that is licensed as a commercial driver training school and is accredited to provide teen instruction shall be certified to offer adult driver education.
1) Upon receipt of a Secretary of State application to provide adult driver education, the Secretary of State shall investigate the applicant and verify the information contained in the application. A Secretary of State employee shall contact the applicant and make an appointment to inspect the applicant's proposed classroom facilities. At the time of inspection, the Secretary of State employee shall verify that the applicant meets the standards for adult driver education course certification set forth in this Section, in addition to all other applicable Sections within this Part. Upon request, these standards shall be furnished to the applicant by the Secretary of State before the visit. If all qualifications and standards are met, the applicant shall be certified to offer the adult driver education course. An applicant is exempt from the inspection requirement if, at the time of application to provide adult driver education, the applicant is licensed by the Secretary to provide the classroom portion of driver education under this Part.
2) Certification is renewable upon the expiration date of the commercial driver training school license, provided all qualifications and standards are met and the commercial driver training school has been and is in compliance with this Part.
3) Only qualified personnel who hold a valid commercial driver training school instructor license may teach the adult driver education course.
4) Prior to certification, providers must submit a copy of their adult driver education course content to the Commercial Driver Training School Section for review and approval, including the questions and answers on the final examination.
5) Providers must utilize only the approved course content, which shall be enforced by the Secretary by unannounced inspections of the provider's classroom facilities.
6) If a provider wishes to substantially change its course content, a copy of the proposed course content must be submitted to the Commercial Driver Training School Section for review and approval.
7) Providers must monitor the Illinois General Assembly and update their course content to include any new laws regarding the rules of the road or operation of motor vehicles. This update shall be submitted to the Commercial Driver Training School Section for review and approval within 60 days after the effective date of the law change.
b) Required Facilities – All adult driver education course providers, except those providers that offer adult driver education solely through an online course must provide classroom facilities prescribed in IVC Sections 6-406 and 6-407 and Section 1060.50 of this Part.
c) Required Course of Instruction:
1) Providers must provide 6 hours of classroom instruction in accordance with Section 1060.72.
2) Each student must complete the 6 hours of instruction within 30 days after commencement of the class.
3) Students must make up any class or portion of a class missed.
4) No more than 90 minutes of instruction may consist of video instruction or animation.
5) Providers may use up to 60 minutes of simulators or other interactive modes of instruction.
6) No course may exceed 30 students unless the size of the classroom exceeds 350 square feet, in which case a maximum of 35 students is allowed.
7) At the commencement of instruction, the provider must give all students a copy of the current edition of the Illinois Rules of the Road.
8) Criteria for passing the course shall be provided to the student prior to the commencement of the course.
9) Each student shall be informed, prior to the collection of any fees and the time instruction begins, of the amount of any and all fees or charges relative to the adult driver education course, including but not limited to enrollment, tuition, equipment, textbooks and instructional materials.
10) Instruction shall take place at the dates, times and location designated by the school and agreed to by the student as specified on the Secretary of State enrollment form, unless the course is cancelled and the student is refunded any fees already paid, and each course shall have definitive start and completion dates.
11) Students must complete a final examination at the end of the course, which shall consist of 20 questions, from a test bank of a minimum of 40 questions. If the final exam is given by computer, the questions shall be randomized. If the final exam is given by paper, the provider shall have multiple versions of the test, with questions and answers, if multiple choice, shuffled. Students shall not be deemed to have passed the course unless they score a minimum of 75% on the final examination. If a student scores less than 75%, the student shall be re-tested, using different questions from the test bank, at no additional charge or fee to the student. The student is not required to repeat the course, but may be allowed to review the course materials prior to retaking the examination. If the student fails the comprehensive final examination 2 times, the student has failed the course.
d) Records documenting attendance and evaluation of each student shall be maintained by the provider. The records shall also contain the dates and length of time of classroom instruction. Students shall be identified by full name (first, middle and last), address, date of birth, gender and email address. Schools may not request the social security number of any student. The records shall be maintained in the office of the main location of the provider for a period of 3 years.
e) Within 2 business days after successful completion of an adult driver education course, providers shall electronically transmit to the Secretary the student's full name (first, middle and last), address, date of birth, gender and email address, accompanied by the statutory fee of $5.
f) Adult driver education course providers who are licensed as commercial driver training schools may also provide an online adult driver education course provided the school complies with the requirements of 92 Ill. Adm. Code 1066.
g) The Secretary of State shall suspend, revoke, cancel or deny the adult driver education course certification of any provider that fails to comply with any provision of this Part.
**History**
- *Source: Added at 38 Ill. Reg. _____, effective 12566__________*
##### **92 Ill. Adm. Code 1060.72** Adult Driver Education Classroom Instruction {#sec-1060.72 omnilex-key=us-il-regs-official--title-92--1060.72}
a) Course Objectives. The educational objectives of adult driver education shall include, but not be limited to, promoting respect for and encouraging observance of traffic laws and traffic safety responsibilities of drivers and citizens, reducing traffic violations, reducing traffic-related injuries, deaths and economic losses, and motivating continuing development of traffic related competencies through education, including, but not limited to, Illinois traffic law, risk management, driver attitudes, courtesy skills, and informing participants about the effects of alcohol and other drugs on driving ability.
b) Course Content
At a minimum, course content must include:
1) Familiarization with the process of obtaining an instruction permit and driver's license and the obligations and responsibilities that exist with holding a license;
2) Instruction on traffic laws;
3) Highway signs;
4) Signals and markings that regulate, warn or direct traffic, including traffic signs and lane markings;
5) Issues commonly associated with motor vehicle accidents, including poor decision making, risk taking, distractions, speed, failure to use a safety belt, driving at night, failure to yield the right-of-way, texting while driving and using wireless communication devices;
6) How to respond to emergency vehicles;
7) Turning, passing and yielding;
8) Construction and school zones;
9) Stopping distance;
10) Blind spots;
11) Strategy for driving using:
A) Smith System;
B) IPDE Process;
C) Zone Control;
D) Any other recognized process for identifying problems, predicting outcomes, deciding action and executing decisions;
12) Right-of-way for pedestrians, emergency vehicles and school buses;
13) Sharing the road with pedestrians, bicyclists, motorcyclists, trucks and recreational vehicles;
14) Road hazards, including visibility, weather and traction;
15) Mental conditions, including alertness, awareness and emotion;
16) Alcohol and other drugs, including effects, responsibilities, driving under the influence, zero tolerance, and implied consent laws;
17) Differences in urban and rural driving, including driving on highways and Interstate driving;
18) Organ donor;
19) Illinois Secretary of State emergency contact database; and
20) Instruction concerning law enforcement procedures for traffic stops, including a demonstration of the proper actions to be taken during a traffic stop and appropriate interactions with law enforcement.
**History**
- *Source: Amended at 46 Ill. Reg. 6670, effective April 11, 2022*
## **Chapter II** Secretary of State
### **Part 1060** Commercial Driver Training Schools
##### **92 Ill. Adm. Code 1060.80** Driver Training School Contracts {#sec-1060.80 omnilex-key=us-il-regs-official--title-92--1060.80}
a) All written contracts or agreements between any driver training school and any individual or group for the sale, purchase, barter or exchange of any driving instruction or any classroom instruction, or the preparation of an applicant for examination given by the Department for a driver's license, must contain the following:
1) A statement indicating the agreed contract price per hour or lesson, and the terms of payment;
2) A statement that the agreement constitutes the entire contract between the school and the student, and no verbal assurances or promises not contained in the agreement shall bind the school or the student;
3) A statement concerning whether any additional charge is made for the use of the school vehicle in taking a driving test to obtain a driver's license;
4) A statement indicating whether behind-the-wheel instruction is to be in private or on a group basis or both;
5) A statement indicating the specific date and time when instruction is to begin, the hours of instruction and the location of the classroom;
6) The name and address of the school and the student or entity, and the number and type of all licenses or permits to operate a motor vehicle held by the student;
7) A statement indicating that all disputes under this Section shall be directed to the Secretary of State's Office; and
8) A statement requiring all students attending a full CDL accredited or teenage accredited program to complete the entire course within 9 months from the date of the first classroom lesson.
b) If a contract or agreement between a driver training school and an individual for the sale, purchase, or charge for any driving instruction, or the preparation of an applicant for examination given by the Department for a driver's license, is not in writing, the driver training school shall file with the Department a written statement under oath indicating that all of its oral contracts and agreements have complied, and will comply, with the foregoing requirements. The statement shall be filed when an application is made for a license to operate a driver training school. A new statement shall also be filed when the school requests the renewal of its license.
c) The term "no refund" and a no refund policy concerning student payments is not permitted in any driver training school contract. A driver training school may use the phrase: "The school will not refund any tuition or part of tuition if the school is capable and willing to perform its part of the contract."
d) No driver training school shall include any statement in any of its contracts or advertising to the effect that an Illinois driver's license is guaranteed or that free lessons will be given any student who fails to pass a driver's license test, except the following statements are permissible:
1) "No additional charge will be made for instruction given to students of this school who fail to pass the driver's license test."
2) "Students who fail to pass the test will be given further instruction at no additional charge."
e) No driver training school may sell, transfer, assign, exchange, trade or otherwise dispose of any contract or part of a contract, agreement or obligation between any driver training school and any student, unless the driver training school has obtained the written consent of the student.
f) If any driver training school fails to comply with the provisions of a contract or agreement by or between the driver training school or any of its students, the driver training school shall refund all monies deposited by the student as consideration for performance of the contract or agreement by the school, unless the student violates the provisions of the contract or agreement. No school is required to issue a refund to a student who has successfully completed the school's course and for whom a certificate of completion has been issued.
**History**
- *Source: Amended at 38 Ill. Reg. 12566, effective July 1, 2014*
##### **92 Ill. Adm. Code 1060.82** Administration of Road Test {#sec-1060.82 omnilex-key=us-il-regs-official--title-92--1060.82}
Teen accredited commercial driver training schools and instructors licensed by the Department may apply for certification to administer road tests to students who have successfully completed an approved driver education course, as defined in 92 Ill. Adm. Code 1030.1, at a high school, or commercial driver training school.
a) School Qualifications
1) Teen accredited commercial driver training schools must be licensed for a minimum of two years before applying for certification to administer road tests (see 92 Ill. Adm. Code 1030.88(b)(2)).
2) Road test certifications must be renewed every two years before the current certification expires. No road tests may be administered unless and until the certification is renewed.
3) A commercial driver training school must have at least one road test-certified instructor to maintain its road test certification.
4) In the event a commercial driver training school's road test certification is not renewed, or is revoked, suspended, or cancelled, all road test certifications of the school's instructors must be cancelled.
5) A commercial driver training school may request that its road test certification or an instructor's road test certification be cancelled by notifying the Department in writing.
6) Commercial driver training schools must ensure that all its road test-certified instructors continue to meet the training and qualification standards required to conduct road tests under subsection (b) and 92 Ill. Adm. Code 1030.120.
7) Commercial driver training schools must ensure that each road test-certified instructor follows the Department's standards for administering the road test.
b) Instructor Qualifications
1) Instructors must have two years of experience in providing behind-the-wheel instruction to teens, either through a high school or a commercial driver training school, before applying for certification to administer road tests.
2) Applicants must complete a road tester training course administered by the Department.
3) Applicants must successfully complete four shadow drives on each road test route that the applicant will be using, in which the applicant observes and scores the road test while another certified instructor or Department representative administers and scores the road test. To be considered an acceptable shadow drive, the applicant's score sheet must be substantially similar to that of the certified instructor or Department representative. Failure to note an immediate rejection on the part of the driver on the score sheet shall be deemed a failure of the shadow drive. An immediate rejection is limited to involvement in an accident that the driver taking the road exam could have avoided or prevented, a dangerous action by the driver that endangers a person or property, commission of any violation for which the driver could be issued a traffic citation, and lack of cooperation or refusal to perform.
4) Instructors must maintain a valid driver's license at all times.
5) Instructors must renew their certification every two years.
6) Except as provided in this subsection (b)(6), the Department will not renew the road test certification of an instructor who has not administered a minimum of 25 road exams in each year of certification. An instructor who does not meet this annual minimum requirement is prohibited from administering road tests until they have completed a refresher training course conducted by the Department. The Department will suspend the certification of an instructor who does not complete refresher training within 30 days after each year of certification begins until the refresher training is completed.
c) Instructor Login
1) Instructors will be assigned a login to ilsos.gov to report the results of road tests electronically. Instructors must create their own passwords and may use only their own logins and passwords to report results.
2) Instructors may not allow any other person to use their logins or passwords.
d) Road Test Routes
1) Each commercial driver training school location, including branch offices, must have a minimum of two road test routes approved by the Department, which must include all the maneuvers on a road test administered by a Secretary of State employee.
2) The road test route must begin from the physical commercial driver training school location.
3) Commercial driver training schools must receive written approval from the Department for any changes to an approved road test route before administering a road test.
4) Commercial driver training schools must maintain copies of approved road test routes at their school location.
5) All approved routes must be used on an equal basis.
6) Testing routes may not be used as a "pre-test" or behind-the-wheel practice for students.
7) Any testing on a route not previously approved may result in suspension or revocation of the certification of the commercial driver training school and instructor to administer road tests. Factors the Department will consider before suspending or revoking a certification on this basis include, but are not limited to, the number of tests given on unauthorized routes, whether the school or instructor has previously been warned on this issue, whether the school or instructor has committed prior violations of any provision of Section 1060.82, any prior suspensions or revocations for any violation of this Part, whether a crash had occurred during a road test on an unauthorized route, or whether the unauthorized route omitted any required provision of the road test.
e) Road Test Procedures
1) Prior to administering a road test, the instructor must ensure the applicant has a valid instruction permit on their person.
2) No passengers or pets, excluding service animals, may be in the vehicle during a road test. Occupants in a vehicle during a road test are limited to the applicant and the tester, with the following exceptions:
A) A Department representative may be in the vehicle when an audit is being performed; and
B) Another certified road test commercial driving instructor may be in the vehicle for training and evaluation if prior notification was provided to the Department.
3) A road test administered by a commercial driver training school instructor must be scored in the same manner as a road test administered by a Secretary of State employee, using a Department provided score sheet.
4) Score sheets must be signed and dated by the instructor administering the road test. The score sheet shall also include the start and end time of the test.
5) Upon completion of the road test, the instructor must immediately provide the results of the test in a location outside of the vehicle. If the student's parent or guardian are present, the results must be provided in the presence of the parent or guardian.
6) An instructor employed by a school at a branch office that has more than three road test certified instructors may not administer a road test to a student to whom the instructor has administered 3 or more hours of behind-the-wheel instruction.
7) A commercial driver training school may not conduct a road test for a student who has previously failed a road test administered by a high school or a certified commercial driver training instructor. The student must take any subsequent road tests at a Secretary of State facility.
8) A road test may not be scheduled before the completion of required behind-the-wheel training.
9) A road test may not be administered on the same day the student completes the required behind-the-wheel training.
10) A road test may not be administered to a student who does not present a photo ID to verify identity.
11) A road test may not be administered either to a student who is a family member of an owner or employee of the commercial driver training school.
12) A road test may only be administered after sunrise or before sunset.
13) Upon completion of the road test, a receipt must be issued to the student that includes the student's name, instruction permit number, the date of the road test, and whether the student passed or failed the test.
14) Instructors may not administer more than 20 road tests per day.
f) Vehicles
1) Road tests may be administered in a commercial driver training school vehicle that complies with Section 1060.110 or in a Class D vehicle which the student has permission to use for a road test.
2) A vehicle other than one owned by the commercial driver training school must be:
A) Properly registered and insured. The registration card must be in the vehicle and match the vehicle identification number. Proof of insurance may be provided by an insurance card or digitally.
B) Inspected by the instructor in accordance with 92 Ill. Adm. Code 1030.84 prior to administering the road test.
g) Reporting to the Department
1) The commercial driver training school shall electronically transmit a schedule of road tests to and in a manner prescribed by the Department, including, but not limited to, dates, times, and locations of testing and no later than two business days prior to each test.
2) The commercial driver training school shall electronically notify the Department of the result of every road exam administered by the commercial driver training school at or before 11:59 p.m. on the day the road test was administered, and shall include the student's name, instruction permit number, road test score sheet, and the date on which the road test was administered.
3) A passed road test is valid until the expiration date of the student's instruction permit.
h) Records
1) Commercial driver training schools must maintain the following records for each road test administered:
A) The name and instruction permit number of the student;
B) Any fee charged in association with administering the road test;
C) Verification that the student earned a grade of A or B in the classroom portion of an approved high school driver education course and successfully completed the behind-the-wheel portion at a commercial driver training school or successfully completed an approved driver education course at a commercial driver training school; and
D) A copy of the student's road test score sheet.
2) Records required to be retained by this Section shall be maintained for a minimum of three years after the date of the road test.
3) After the retention period expires, records shall be shredded in a secure manner to ensure that no personally identifiable information is disclosed.
i) Retesting
The Department may retest any student prior to licensure if an audit indicates that the test was not properly administered or not administered at all. The Department may randomly retest any student who completed a road test administered by a commercial driver training school.
j) Auditing
1) The Department may make announced and unannounced audits of the commercial driver training school's testing records to ensure the provisions of this Section are being met.
2) Commercial driver training schools must allow onsite inspections, examinations, and audits by a Department representative to:
A) Review all required documentation, including score sheets;
B) Observe and score live road testing of students by a certified instructor and compare pass/fail scores; and
C) Take a road test as if the representative were a student.
3) The commercial driver training school shall surrender all required documentation to the Department upon request. The commercial driver training school may make and retain copies of the documentation surrendered to the Department.
4) During audits, the commercial driver training school and instructors must cooperate with the Department, allow access to testing routes, and supply student names and testing records, results, and any other documents requested by the Department. Failure to comply with this subsection may result in the suspension, revocation, or cancellation of the school and its instructors' certifications. Factors the Department will consider before suspending or revoking a certification on this basis include, but are not limited to, whether the school or instructor has previously cooperated with audits, how many records were withheld, whether the school or instructor has previously been suspended or revoked, or whether the failure to cooperate impacted students' abilities to obtain a driver's license.
**History**
- *Source: Added at 47 Ill. Reg. 17541, effective November 7, 2023*
##### **92 Ill. Adm. Code 1060.90** Inspection of School Facilities {#sec-1060.90 omnilex-key=us-il-regs-official--title-92--1060.90}
a) Each driver training school shall permit authorized representatives of the Office of the Secretary of State to make reasonable inspections of all of the school's facilities. During such inspections each owner, partner, associates, corporate director, officer, manager or employee of any driver training school shall cooperate with the authorized representative and upon demand shall exhibit all records, instructional aids and other objects which are pertinent and necessary to the inspection or investigation.
b) Representatives of the Office of the Secretary of State shall make periodic, on the street checks of any instructor who is giving behind-the-wheel instruction to a student. Upon proper identification, the Secretary of State's representative may ask to see the student's driving permit or license and the instructor's license to teach driver training issued by the Secretary of State and any other identification to attest to the identity of the instructor or student.
**History**
- *Source: Amended at 18 Ill. Reg. 7788, effective May 9, 1994*
##### **92 Ill. Adm. Code 1060.100** Licenses {#sec-1060.100 omnilex-key=us-il-regs-official--title-92--1060.100}
a) No individual, partnership, group, association or corporation may sell, assign, barter, or trade any driver training school license or driver training instructor license issued by the Secretary of State. No license issued under the Illinois Vehicle Code to any person to operate a driver training school or to an instructor shall be transferable.
b) When any licensed driver training school ceases to engage in the business of giving instruction for compensation in the driving of motor vehicles or the business of preparing an applicant for examination given by the Secretary of State for a drivers license or when, upon reasonable investigation, it appears that the school has ceased to do business, the owners, partners, associates, corporate directors, officers or managers of the driver training school shall surrender their driver training school license to the Secretary of State.
c) Driver training school instructors must have their wallet instructor's license on their person during all classroom and behind the wheel instruction.
**History**
- *Source: Amended at 31 Ill. Reg. 16008, effective November 16, 2007*
##### **92 Ill. Adm. Code 1060.110** Safety Inspection of Driver Training School Motor Vehicles {#sec-1060.110 omnilex-key=us-il-regs-official--title-92--1060.110}
a) All motor vehicles used by any driver training school or driver training instructor for driving instruction or driver training purposes shall be safety inspected by the Illinois Department of Transportation. Evidence of such inspection must accompany the initial or renewal driver training school application. Any new vehicle purchased after the issuance of a school license shall be so inspected for safety and such evidence of inspection must be delivered to the Department.
b) Motor vehicles which have passed safety inspection shall be issued a safety inspection sticker, which identifies the year in which the sticker is valid. The safety inspection stickers shall not be removed unless the term of validity has expired or the motor vehicle ceases to be used for driver training instruction or driver training purposes by the driver training school identified on the sticker.
c) It shall be the responsibility of the driver training school to remove and destroy the safety inspection sticker when the term of its validity has expired or the motor vehicle ceases to be used by the driver training school for driver training instruction or driver training purposes.
d) No motor vehicle shall be used for driver training unless:
1) It is equipped with a dual braking device which will enable an accompanying instructor to bring the vehicle under control in case of an emergency as required pursuant to Section 6-410(b) of the Illinois Driver Licensing Law of the Illinois Vehicle Code. Commercial motor vehicles, motorcycles and motor driven cycles are exempt from this requirement;
2) If equipped with a standard transmission, it is equipped with at least a dual clutch and braking device which will enable an accompanying instructor to bring the vehicle under control in case of an emergency. Commercial motor vehicles, motorcycles and motor driven cycles are exempt from this requirement;
3) It is equipped with a driver and passenger sideview mirror as required pursuant to Section 6-410(b) of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-410(b)];
4) It is owned or leased in the name of a driver training school licensed by the Department or school owner indicated on the license, and registered by the Secretary of State's Vehicle Services Department pursuant to Statute and these rules or is leased by a driver training school and a lease agreement is submitted to the Department signed by the lessor and lessee. The lease agreement shall contain the make, year, and vehicle identification number of the vehicle. It shall also contain the names and addresses of the lessor and lessee;
5) It is in safe operating condition that includes, but is not limited to, operating and undamaged doors, mirrors, windshield, exhaust system, headlights, turn signals, seat belts, brakes and tires;
6) It is listed in the driver training school license application or supplemental application or schedule on file with the Department;
7) It is properly identified as a driver training motor vehicle by equipping the motor vehicle with a sign or signs visible from the front and the rear in letters no less than 2 inches tall, listing the full name of the driver training school that has registered and insured the motor vehicle pursuant to Section 6-410(c) of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-410(c)];
8) Current and valid registration on the vehicle used for driver training must be retained in the vehicle;
9) It displays a current and valid safety inspection certificate sticker.
e) The Department shall not issue an insurance certificate sticker until the school has provided to the Department a vehicle Fleet Schedule which lists the vehicle(s) used by the school and which is signed by an authorized representative of the Illinois Department of Transportation.
f) The insurance certificate sticker shall be firmly attached to the lower right portion of the front windshield of the vehicle and shall not be removed until the term of validity has expired or the motor vehicle ceases to be used for driver training instruction or driver training purposes by the driver training school identified on the sticker.
**History**
- *Source: Amended at 26 Ill. Reg. 15020, effective October 1, 2002*
##### **92 Ill. Adm. Code 1060.120** Requirements to Obtain and Retain a Driver Training Instructor's License {#sec-1060.120 omnilex-key=us-il-regs-official--title-92--1060.120}
a) The Secretary of State will not issue a driver training instructor's license to, or will deny, cancel, suspend, or revoke a driver training instructor's license of:
1) Any person who:
A) has not held a valid driver's license, including a temporary visitor's driver's license, for any two-year period preceding the date of application for an instructor's license; and
B) intends to instruct in CDL classification A, B, C, L, or M classification, as defined in 92 Ill. Adm. Code 1030.30 and has not held that classification or higher for 2 consecutive years immediately prior to the date of application.
2) Any person who has been convicted of three or more offenses against traffic regulations governing the movement of traffic within the two-year period immediately preceding the date of application for an instructor's license;
3) Any person who has had two or more convictions of a violation that caused an auto accident within the two-year period immediately preceding the date of application for an instructor's license;
4) Any person who has a single conviction within 10 years prior to the date of application or any person who has two or more convictions of the following offenses:
A) driving under the influence of alcohol and/or other drugs, pursuant to IVC Section 11-501;
B) leaving the scene of an accident involving death or personal injuries, pursuant to IVC Section 11-401;
C) reckless homicide, pursuant to Section 9-3 of the Criminal Code of 2012 [720 ILCS 5];
D) reckless driving, pursuant to IVC Section 11-503;
E) any sex- or drug-related offense; or
F) a similar provision of a local ordinance or a similar provision of the law of any other state or territory of the United States.
5) Any person who has failed to pass the written test or highway safety sign test required by the Department for applicants for a driver training instructor's license;
6) Any person who is physically unable to safely operate a motor vehicle or to safely train others in the operation of a motor vehicle as determined by a competent medical examiner pursuant to IVC Section 6-411(d). A Driving Instructor Physical Form provided by the Secretary of State shall be completed by the applicant and competent medical examiner. The Driver Instructor Physical Form shall contain information pertaining to the applicant's eyesight, hearing, mental alertness, reflexes, and whether the applicant has normal use of limbs and feet and a certification by the competent medical examiner of whether the applicant is physically qualified to train an individual in the operation of a motor vehicle. The competent medical examiner must also provide an address and the date and place of the examination. Those persons who are solely classroom instructors shall comply with subsection (c);
7) Any person who fails to properly and fully complete an application for a license or is otherwise unqualified to receive a driver training instructor's license;
8) Any person who is not employed or associated with a driver training school licensed by the Department as required pursuant to IVC Section 6-417;
9) Any person who is currently a salaried or contractual employee of the Secretary of State, as mandated by the guidelines of the Secretary of State's Office policy manual that states that an employee shall not advocate or promote specific professional or commercial services to the public in matters under the jurisdiction of the Office of the Secretary of State;
10) Any person who fails to supply a complete set of fingerprints to the Department as required pursuant to IVC Section 6-411(b);
11) Any person who is not at least 21 years of age and a resident of the State of Illinois;
12) Any person who is not of good moral character as required pursuant to IVC Section 6-411(a). In making a determination of good moral character, the Department is not limited to, but may consider, the following:
A) If the person has been convicted of a felony or misdemeanor, the Department will consider:
i) The relationship of any crime of which the person has been convicted to the ability to act as a driver training school instructor;
ii) The length of time that has elapsed since the applicant's last criminal conviction;
iii) Whether the applicant successfully completed any sentence imposed with the convictions; and
iv) Whether the applicant has multiple convictions for felony or misdemeanor offenses.
B) If the person has been indicted or formally or otherwise charged with a felony or a misdemeanor, the license will be either denied or cancelled.
i) If the person whose commercial driver training school instructor license has been denied or cancelled under this Part is adjudicated "guilty" by the court systems, the denial or cancellation previously entered on the person's record in accordance with Section 1060.190(b) will stand. This action does not preclude further suspension or revocation of the commercial driver training school instructor license under another Section of this Part or the IVC.
ii) If the person whose commercial driver training school instructor license has been denied or cancelled under this Part is adjudicated "not guilty" by the court systems, the denial or cancellation previously entered on the license in accordance with Section 1060.190(b) will be rescinded. This action does not preclude further suspension or revocation of the commercial driver training school instructor license under another Section of this Part or the IVC.
iii) If the person whose commercial driver training school instructor license has been denied or cancelled under this Part is granted a disposition of "court supervision" by the court systems, the denial or cancellation previously entered on the license in accordance with Section 1060.190(b) will be rescinded. This action does not preclude further suspension and/or revocation of the commercial driver training school instructor license under another Section of this Part or the IVC;
13) Any person whose suspension under IVC Section 11-501.1, 11-501.6, 11-501.8, 11-501.9 or a similar provision of a local ordinance, or a similar provision of the law of any other state or territory of the United States has terminated within 10 years prior to the date of application; or to any person with more than one of these suspensions;
14) Any person who has not completed a 30-hour course or an equivalent college or university course approved by the Director of the Department or has not had previous teaching or training experience. Teaching and training experience shall include, but is not limited to, primary and secondary education teacher, Third Party Certification Program Safety Officer, or trainer or teacher at a private entity.
A) Any person possessing a current and valid commercial driver training instructor's license, or who is renewing a commercial driver training license issued by the Secretary of State's Office, is exempt from this requirement.
B) A driver training school whose instructor provides training to individuals under the age of 18 years is exempt from this requirement and must complete the mandatory 48-hour course as required in Section 1060.180;
15) A CDL accredited instructor who is currently licensed as a CDL Third Party Certification Program Safety Officer;
16) Any instructor or applicant who is an administrator or teacher of a State-approved high school driver education program;
17) Any currently licensed instructor who has been convicted of violating IVC Section 11-507 or to an applicant who has been convicted of violating IVC Section 11-507 within 10 years prior to the date of application.
b) No driver training instructor shall provide behind-the-wheel instruction in a vehicle that is classified higher than the classification of the instructor's driver's license. An instructor may hold two classifications: one classification from Classes A, B, C and D, and one classification from Classes L and M, as defined in 92 Ill. Adm. Code 1030.30. An instructor holding a Class A commercial driver's license may teach students to drive all Class A, B, C and D vehicles. An instructor holding a Class B commercial driver's license may teach students to drive all Class B, C and D vehicles. An instructor holding a Class C commercial driver's license may teach students to drive all Class C and D vehicles. However, an instructor holding a non-commercial driver's license may only teach students who do not require a commercial driver's license. An instructor holding a Class M license may teach students to drive all Class L and M vehicles.
c) Any person who is physically unable to safely operate a motor vehicle but meets all other requirements to be a driver training instructor may teach only the classroom portion of the driver training course upon receipt of a doctor's statement indicating the person is physically able to teach in the classroom. The person must also pass the written test, as provided in 92 Ill. Adm. Code 1030.80, and the highway safety sign test, and submit all applicable fees as set out in IVC Section 6-411 before being issued an instructor's license for classroom instruction only.
d) All instructors who are no longer employed or associated with the designated school on their license must submit a new complete instructor's license application and application fee before being licensed to instruct at another school or in the same school after having left employment.
e) If a driver training instructor license is not renewed within one year after the previous year's expiration date, the applicant shall be required to take examinations pursuant to Section 1060.130.
f) An instructor shall not engage in fraudulent activity as defined in Section 1060.5.
g) During any and all interactions with students, an instructor:
1) must not engage in activity that puts the student in danger;
2) must not engage in reckless behavior; and
3) must maintain a professional relationship with students at all times.
h) An individual whose commercial driver training school instructor license has been cancelled pursuant to this Part may request an administrative hearing pursuant to 92 Ill. Adm. Code 1001.
i) An instructor of a commercial driver training school that provides motorcycle instruction may not provide any person with an Illinois Department of Transportation Rider Education Course Completion Card.
**History**
- *Source: Amended at 50 Ill. Reg. 4547, effective March 4, 2026*
##### **92 Ill. Adm. Code 1060.130** Examination for Driver Training Instructor {#sec-1060.130 omnilex-key=us-il-regs-official--title-92--1060.130}
a) Each individual desiring to be licensed as a driver training instructor for a specific driver training school must pass a written test and highway safety sign test which will be offered by the Department at periodic intervals.
1) The written test shall consist of questions dealing with:
A) Chapter 625 of the Illinois Compiled Statutes;
B) Safe Driving Practices;
C) Operation of Motor Vehicles;
D) Teaching Methods; and
E) Commercial Driver Training Schools (92 Ill. Adm. Code 1060).
2) In order to pass the written test, which consists of 100 true/false and multiple-choice questions, an individual shall answer at least 85 of the questions correctly.
3) The Department shall not issue a driver training instructor's license to any person who is physically unable to safely operate a motor vehicle or to safety instruct or train others in the operation of a motor vehicle as determined by a competent medical examiner pursuant to IVC Section 6-411(d). The Driver Instruction Physical Form shall contain medical information pertaining to the applicant's eyesight, hearing, mental alertness, reflexes, and whether the person has normal use of limbs and feet and a certification by the competent medical examiner of whether the applicant is physically qualified to train an individual in the operation of a motor vehicle. The competent medical examiner must also provide an address and the date and place of the examination. Those persons who are solely classroom instructors shall comply with Section 1060.120(d).
4) The individual shall not miss any questions on the highway safety sign test in order to pass the test.
5) Commercial driver accredited instructor applicants must take an additional written test, which consists of 25 multiple-choice and true/false questions, with a pass rate of 21.
b) Each applicant will be given a maximum of 3 opportunities in any 12-month period to pass the driver training instructor's examination. Individuals who have failed their third examination must wait at least 1 year from the date of the third failure before making a new application.
**History**
- *Source: Amended at 50 Ill. Reg. 4547, effective March 4, 2026*
## **Chapter II** Secretary of State
### **Part 1060** Commercial Driver Training Schools
##### **92 Ill. Adm. Code 1060.140** Temporary Permit {#sec-1060.140 omnilex-key=us-il-regs-official--title-92--1060.140}
Pending the satisfaction of the Secretary of State that the applicant has met the requirements under these Rules, the Secretary of State may issue a temporary permit to any person applying for an instructor's license. Such temporary permit shall permit the giving of instruction for a period of not more than 180 days while the Secretary of State is completing its investigation and determination of all facts relative to the qualifications of the applicant for the license. The Secretary of State may cancel such temporary permit when he has determined or has reasonable cause to believe that the application is incorrect or incomplete or the temporary permit was issued in error. Such temporary permit shall be invalid when cancelled or when the applicant's license has been issued or denied.
**History**
- *Source: Amended at 20 Ill. Reg. 3861, effective February 14, 1996*
##### **92 Ill. Adm. Code 1060.150** Driver Training School Responsibility for Employees {#sec-1060.150 omnilex-key=us-il-regs-official--title-92--1060.150}
a) No driver training school shall employ or otherwise retain any individual to give classroom instruction or behind-the-wheel instruction unless the individual has a valid, current driver training instructor's license for that school issued by the Secretary of State and meets the qualifications provided in Section 1060.120 of this Part.
b) Qualified and recognized experts in the fields of driver training, traffic regulation, or motor vehicle operation or maintenance may give occasional classroom lectures without having a valid current driver training instructor's license, provided the driver training school that secures the services of any such expert notifies the Office of the Secretary of State, Driver Training School Section, in advance, indicating the name, address and qualifications of the expert and the proposed lecture dates.
c) Any individual employed by, or associated with, any driver training school, and all acts performed by an instructor, shall be presumed acts within the scope of employment unless the school can provide competent evidence to the contrary.
d) If a licensed instructor is temporarily suspended, laid off or discharged by a driver training school, the school shall immediately notify the Secretary of State, on forms furnished by the Secretary of State, listing the name, address and license number of the instructor, termination date, and the reason for the termination. In all cases where an employee ceased working for the commercial driving school, whether it be a temporary lay-off or any other termination of his/her association with the school, the instructor must surrender his/her license to the Secretary of State.
**History**
- *Source: Amended at 30 Ill. Reg. 11377, effective June 14, 2006*
##### **92 Ill. Adm. Code 1060.160** Solicitation of Students and Pupils for Commercial Driver Training Instruction {#sec-1060.160 omnilex-key=us-il-regs-official--title-92--1060.160}
a) A driver training school owner and/or instructor may not solicit or advertise for business within 1500 feet of any building used as an office by the Secretary of State having to do with the administration of any laws relating to motor vehicles.
b) A driver training school owner and/or instructor may only advertise the use of training locations that are currently licensed.
c) A driver training school owner and/or instructor may not advertise that the school and/or instructor offers CDL and/or teen-accredited instruction unless the school and/or instructor are currently CDL and/or teen accredited.
**History**
- *Source: Amended at 37 Ill. Reg. 4295, effective March 20, 2013*
##### **92 Ill. Adm. Code 1060.170** Hearings {#sec-1060.170 omnilex-key=us-il-regs-official--title-92--1060.170}
a) Prior to the denial of a license or accreditation of a commercial driver training school or commercial driver training school instructor, the Department shall send written notice to such school or person. If a formal hearing is requested in writing during the notice period, in accordance with 92 Ill. Adm. Code 1001.Subpart A and Section 2-118 of the Illinois Vehicle Code [625 ILCS 5/2-118] the denial shall stand pending the outcome of such hearing. The basis for denial of a license is stated in Section 6-420 of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-420].
b) Prior to the suspension or revocation of the license or accreditation of a commercial driver training school or commercial driver training school instructor, the Department will conduct a hearing in accordance with 92 Ill. Adm. Code 1001.Subpart A and Section 2-118 of the Illinois Vehicle Code [625 ILCS 5/2-118], wherein the Department will present competent evidence to establish violations of any regulations or laws governing commercial driver training schools and/or instructors and seek the appropriate sanctions in accordance with Section 1060.190 of this Part.
**History**
- *Source: Amended at 20 Ill. Reg. 3861, effective February 14, 1996*
##### **92 Ill. Adm. Code 1060.180** Teen Accreditation {#sec-1060.180 omnilex-key=us-il-regs-official--title-92--1060.180}
a) Accreditation of the School – Each commercial driver training school that desires to offer driver training instruction to persons under the age of 18 must be accredited by the Secretary of State through the Department of Driver Services before instruction can be provided, offered or advertised.
1) Upon receipt of proper application for teen accreditation, the Secretary of State will investigate the school and verify the application. A Secretary of State employee will contact the school and make an appointment to visit the school's facilities. The Secretary of State employee will verify that the school satisfies the requirements set forth for commercial driving schools in IVC Sections 6-401 through 6-418. In addition, the school must satisfy the requirements for commercial driver school teen accreditation set forth in subsections (b) through (e), Section 1060.181, and all other applicable provisions of the IVC and Illinois Administrative Code. Upon request, these requirements will be furnished to the school by the Secretary of State. If the school meets all of the qualifications, requirements, and standards in this Section, it will be accredited to offer instruction to students under the age of 18.
2) The accreditation of each school is renewable upon the expiration date of the school license, provided the school meets all of the qualifications, requirements and standards and is in compliance with this Part.
3) Only qualified instructors under subsection (c) may provide instruction to persons under the age of 18. However, in an emergency situation in which the only available instructor terminates employment or takes a leave of absence while a course remains incomplete, other licensed instructors employed by the school may complete the course. In all of those cases, the Department must approve the substitution before further instruction takes place. Approval will not be given until the Department has verified the roster of instructors at the school and determined that no other qualified instructor is employed by the school. No new courses may be started before properly qualified instructors are available.
4) A teen accredited driving school must submit a permit cancellation request to the Secretary of State for any student under the age of 18 with an instruction permit who withdraws from, or fails to complete, the teen accredited driver education program.
b) Required Facilities – All teen accredited driver training schools must provide all classroom facilities, vehicles, and equipment as prescribed by IVC Ch. 6, Art. IV (Commercial Driver Training Schools) and this Part. The teaching facilities must provide adequate, comfortable seating for students. Lighting must be adequate and the maintenance (housekeeping) of the room orderly.
c) Instructor Qualifications
1) Classroom Instructor Qualifications – Each teen accredited driver training school must employ at least one classroom instructor licensed by the Secretary of State to teach the classroom portion of driver education to persons under the age of 18.
A) A classroom driver training instructor teaching the teen accredited program must comply with Sections 1060.120 and 1060.130.
B) The instructor must satisfy one of the following requirements:
i) Hold a valid professional educator license issued by the Illinois State Board of Education that is endorsed for safety and driver education pursuant to 23 Ill. Adm. Code 25.100 (Teaching Endorsements on the Professional Educator License);
ii) Hold a baccalaureate degree, have one year of teaching experience in primary, secondary or higher education, and complete a 48-hour course approved by the Director of the Department;
iii) Complete the 48-hour course or an equivalent college or university course (a course, at least 48 hours in length, designed to provide individuals with the knowledge, methods, and procedures specific to conducting driver education instructional courses, that has been approved by the Director of the Department) and provide written documentation verifying 2 months of experience teaching the behind-the-wheel segment of driver education to persons age 18 or older; or
iv) Hold a valid professional educator license and complete a 48-hour behind-the-wheel and classroom course approved by the Director of the Department.
2) Behind-the-Wheel Instructor Qualifications – Each teen accredited driver training school must employ at least one behind-the-wheel instructor licensed by the Secretary of State to teach the behind-the-wheel portion of driver education to persons under the age of 18.
A) A driver training instructor teaching the teen accredited behind-the-wheel program must comply with Sections 1060.120 and 1060.130.
B) The instructor must satisfy one of the following requirements:
i) Hold a valid professional educator license issued by the Illinois State Board of Education that is endorsed for safety and driver education pursuant to 23 Ill. Adm. Code 25.100 (Teaching Endorsements on the Professional Educator License);
ii) Hold a baccalaureate degree and have 2 months of experience in teaching the behind-the-wheel segment of driver education to persons age 18 and older;
iii) Have 7 years of uninterrupted teaching experience in a commercial driver training school;
iv) Be licensed by the Secretary of State, complete the 48-hour course (48-Hour Course – a course, at least 48-hours in length, designed to provide individuals with the knowledge, methods and procedures specific to conducting driver education instructional courses that has been approved by the Department Director) or an equivalent college or university course approved by the Director of the Department, and provide written documentation verifying 2 months of experience teaching the behind-the-wheel portion of driver education to persons age 18 and older; or
v) Hold a valid State teaching certificate and complete a 48-hour course approved by the Director of Driver Services.
3) Classroom and/or behind-the-wheel instructors must not be assigned more than 12 clock hours of instructional work daily. No teen instruction, either classroom or behind-the-wheel, may take place between the hours of 10:00 p.m. and 6:00 a.m.
d) Student Qualifications
1) A driver training school or driver training instructor licensed by the Secretary of State must comply with all of the requirements of IVC Section 6-408.5 prior to requesting a certificate of completion from the Secretary of State.
2) A superintendent or chief school administrator may waive the requirements contained within IVC Section 6-408.5 if that is in the best interests of the student or dropout.
3) Before a driver training school or driver training school instructor requests a certificate of completion for a student, it must verify that the student is enrolled in school and has received a passing grade in at least 8 courses during the 2 previous semesters. Verification of a student's eligibility to obtain a certificate of completion from the Secretary of State must be by one of the following methods:
A) obtain written documentation on a form prepared or approved by the Secretary of State stating the student has received a passing grade in at least 8 courses during the previous 2 semesters;
B) obtain a written waiver from a superintendent or school administrator on a form prepared or approved by the Secretary of State;
C) obtain written verification on a form prepared or approved by the Secretary of State stating the student is enrolled in a home school; or
D) obtain copies of the student's report card or transcript for the previous 2 semesters indicating a passing grade in at least 8 courses during the previous 2 semesters.
4) To verify eligibility for any person who has dropped out of school and has not yet attained the age of 18 years, a driver training school or instructor must obtain one of the following:
A) written documentation verifying the dropout's enrollment in a high school equivalency testing or alternative education program;
B) a copy of the student’s State of Illinois High School Diploma;
C) written verification that the student, prior to dropping out, had received a passing grade in at least 8 courses during the 2 previous semesters last ending prior to requesting a certificate of completion; or
D) written consent on a form prepared or approved by the Secretary of State from the dropout's parents or guardian and the regional superintendent. [625 ILCS 5/6-408.5(b)]
5) At the time of registration, students enrolling in a driver training school must be informed in writing of the eligibility requirements of IVC Section 6-408.5. That disclosure must be documented in the student's file.
6) The driver training school or driver training school instructor must maintain a copy of, and make available for inspection, all written documentation required by this Section.
7) The driver training school may not enroll any students who will not be at least 15 years of age before the end of the classroom portion of the course.
e) Records
1) Records must be maintained by the driver training schools documenting daily attendance, lesson time, and detailed descriptions of each lesson provided for each student, which must include each topic that was taught during the lesson, as well as any videos, DVDs, or other materials used during the lesson. The beginning and ending dates of classroom and behind-the-wheel instruction must also be recorded. Students must be identified by name and address. The records must be kept on file in the office of the driver training school for 3 years.
2) The teen accredited driving school must submit, in a manner prescribed by the Secretary of State, the names of those students who have satisfactorily completed the driver education course.
**History**
- *Source: Amended at 47 Ill. Reg. 3506, effective February 27, 2023*
##### **92 Ill. Adm. Code 1060.181** Teen Accreditation Classroom and Behind-the-Wheel Requirements {#sec-1060.181 omnilex-key=us-il-regs-official--title-92--1060.181}
a) Course Objectives. The educational objectives of driver education shall include, but not be limited to, promoting respect for and encouraging observance of traffic laws and traffic safety responsibilities of drivers and citizens, reducing traffic violations, reducing traffic-related injuries, deaths and economic losses, and motivating continuing development of traffic related competencies through education, including, but not limited to, Illinois traffic law, risk management, driver attitudes, courtesy skills, evasive driving techniques and informing participants about the effects of alcohol and other drugs on driving ability.
b) Classroom Instruction – For Persons under the Age of 18
1) General Provisions
A) Classroom instruction shall consist of a minimum of 30 hours of instruction.
B) Classroom courses are limited to two hours per day, per student.
C) No more than one classroom course may be taught during the same time period in the same classroom. The number of students in each classroom session shall not exceed 30 students, except if the size of the classroom exceeds 350 square feet, a maximum of 35 students shall be allowed.
D) Each student shall be informed prior to the time instruction begins of any fees or charges made for enrollments or registration, tuition, use of equipment, text and reference materials, supplies, and any service, equipment or materials provided by the commercial driving school.
E) Each student shall be enrolled in either a Defined Time Frame Course or a Sequential Course.
2) Defined Time Frame Course
A) A listing of all students enrolled in each Defined Time Frame Course, including the times and dates the class will meet, shall be submitted, in a manner prescribed by the Secretary of State, to the Commercial Driver Training School Section, within 3 days after the third day of classroom instruction. A certificate of completion shall not be issued to any student whose name has not been submitted.
B) Each Defined Time Frame Course must be distributed regularly over a minimum period of four complete weeks and must have definite starting and completion dates. Late registrations shall not be accepted beyond the third day of the course, at which time the course must be closed to further enrollments.
C) No Defined Time Frame Course enrollment shall exceed 30 students, except that, if the size of the classroom exceeds 350 square feet, a maximum of 35 students shall be allowed.
D) Late registrants and absentees shall be given make-up instruction and assignments. No school shall permit a student to be absent from more than 4 class sessions (8 clock hours) without requiring the student to re-enroll in a later course and to start over.
E) Instruction for each student in a Defined Time Frame Course shall take place on the dates, times and locations designated on the Secretary of State enrollment form unless the course is cancelled and the student is refunded any fees already paid.
3) Sequential Module Course
A) Students enrolled in a Sequential Module Course must take the 30 hours of classroom instruction in the proper sequential order indicated in the school's classroom content curriculum submitted and approved by the Secretary of State, pursuant to 92 Ill. Adm. Code 1060.181(b)(4).
B) Students enrolled in a Sequential Module Course must complete the 30 hours of classroom instruction within 9 months after the first classroom session attended.
C) The name of each student, start date and location of the first Sequential Module Course classroom session attended by the student shall be submitted, in a manner prescribed by the Secretary of State, to the Commercial Driver Training School Section, within 3 days after the first day of the first Sequential Module Course classroom session.
4) Required Course of Instruction − General
A) Each teen-accredited driver training school shall submit to the Secretary of State a copy of its classroom course content, which must, at a minimum, include the course content set forth in subsection (b)(6), which shall be reviewed by the Commercial Driver Training School Division of the Department of Driver Services. If the classroom course content meets the requirements, it will be approved by the Department.
B) Accredited teen driver training schools must follow the approved classroom course content submitted to the Director of the Department at the time of application for licensure. The Department shall determine compliance with this provision by unannounced inspections of the driver training schools, which shall occur, at a minimum, once every two months.
C) If a driver training school wishes to substantially change the classroom course content, a copy of its revised course content must be submitted in duplicate to the Commercial Driver Training School Division for approval. After review, the Commercial Driver Training School Division will send a letter to the driver training school informing the school of whether its revised classroom course content has been approved.
D) A regular schedule of classroom testing shall be followed to measure the comprehension level of students. Students may not be given credit for the driver education course unless they score an average of 75% or more on all tests. Test questions may be short answer, multiple choice, essay or a combination of these. Criteria for passing or failing the course must be evident to the students and successful completion clearly defined.
5) Instructional Materials
A) A textbook on driver education must be in the possession of each student for the duration of the course, to be used as a regular part of the course content.
B) Audio-visual materials may be used as a supplement to the instructor's presentation, but not as a replacement, so long as the material relates to driver education. Materials may include, but are not limited to, videos, DVDs and CDs. Reference materials are to be available to the students and their use assured by assignments. All assignments are to be made in advance of due dates and should include outside reading as well as preparation for testing.
6) Classroom Course Content. The following topics shall be included in classroom instruction:
A) Your License to Drive. Objective: familiarization with the process of obtaining an instruction permit and driver's license and the obligations and responsibilities that exist with holding a license:
i) classifications of driver's licenses;
ii) testing required to obtain a driver's license;
iii) suspensions and revocations of driver's licenses;
iv) mandatory insurance laws; and
v) organ/tissue donation.
B) Getting Under Way. Objective: locating and identifying the location, purpose and operation of each indicator, gauge and control, thereby operating safely and conserving fuel:
i) the view from behind the wheel, learning the controls − instrument panel, indicators, gauges, controls, lights and other signals;
ii) controls for safety − safety belts, passive restraints, head restraints and rearview mirrors; and
iii) getting ready to drive, adjusting seat and mirrors and starting the engine.
C) Basic Driving Maneuvers. Objective: defensive driving:
i) steering;
ii) accelerating;
iii) braking;
iv) changing lanes;
v) turning;
vi) backing;
vii) changing direction;
viii) parking;
ix) passing; and
x) railroad crossings.
D) Traffic Safety Laws. Objective: familiarization with traffic and vehicle laws and influencing drivers to comply with laws on a voluntary basis:
i) basic driving rules;
ii) right-of-way;
iii) speed laws;
iv) traffic signs and signals;
v) pavement markings;
vi) highway markings;
vii) how to respond to emergency vehicles, including Scott's Law and instruction concerning law enforcement procedures for traffic stops, including a demonstration of the proper actions to be taken during a traffic stop and appropriate interactions with law enforcement;
viii) distracted driving, including, but not limited to, cell phone use, texting, eating;
ix) GDL laws, including nighttime driving restrictions and passenger limitations;
x) special safety laws − driving under the influence, implied consent, zero tolerance, post-accident responsibilities and duties; and
xi) construction and school zones.
E) Laws of Nature and Driving. Objective: learning about forces that act upon a vehicle and predicting how a vehicle will respond:
i) understanding gravity, center of gravity, friction, energy of motion, centrifugal force and hydroplaning;
ii) stopping distance − perception time and distance, reaction time and distance, and braking distance; and
iii) force of impact − factors affecting force of impact, energy-absorbing features in cars and passenger restraint.
F) Strategy for Driving. Objective: using the Smith System, IPDE process, Zone Control System or any other recognized process for:
i) identifying problems, predicting outcomes, deciding action and executing decisions;
ii) avoiding, separating and handling hazards, managing time, speed and space, and following and stopping distance; and
iii) trouble spots, limited visibility, traction and space.
G) Driving in City Traffic. Objective: identifying and handling city driving hazards:
i) characteristics of city driving − congestion, reduced speed and cross traffic;
ii) incoming traffic, following traffic, tailgaters, intersections, multi-lane roads and one-way streets; and
iii) right-of-way situations − pedestrians, emergency vehicles and school buses.
H) Driving on Highways − objective: adjusting to a variety of traffic patterns, speeds and road conditions:
i) characteristics of highway driving − less congestion, increased speeds and road conditions;
ii) junctions, bridges, railroad crossings and hills;
iii) driving on the interstate system − minimum/maximum speeds, entering and exiting the interstate, and opposing or cross traffic; and
iv) driving to conserve fuel.
I) Sharing the Road with Other Users. Objective: learning special characteristics and needs of other highway users and what to do to avoid conflicts:
i) pedestrians, animals and bicyclists;
ii) motorcycles and mopeds; and
iii) other vehicles, e.g., large trucks and recreational vehicles.
J) Road Hazards and Vehicle Failures. Objective: identifying hazards and acting to avoid them:
i) potential problems − visibility, weather and traction;
ii) other emergencies − controlling the vehicle, swerving, skids, collisions and counterskids; and
iii) vehicle equipment failure − tires, brakes, accelerators, steering, engine and lights.
K) Driver Fitness and Highway Safety. Objective: driving maneuvers based on physical and mental condition:
i) physical condition − age, fatigue, coordination, vision, disabilities and hearing; and
ii) mental condition − alertness, awareness and emotions.
L) Alcohol, Other Drugs and Driving. Objective: to identify the effects of alcohol and other drugs relating to driving ability:
i) drug use and abuse − dangers, cautions and effects;
ii) alcohol and the driver − effects;
iii) responsibilities as a driver and passenger;
iv) driving under the influence, zero tolerance, implied consent, and underage drinking not involving a motor vehicle; and
v) possessing, obtaining or using a fraudulent or fictitious driver's license or identification card.
M) Maintaining a Motor Vehicle. Objective: a well-maintained vehicle is safer:
i) vehicle inspection;
ii) preventive maintenance − brakes, tires, steering, suspension and checking under the hood; and
iii) fuel economy − vehicle choice, maintenance and driving habits.
c) Behind-the-Wheel Instruction – For Persons under Age 18
1) Each teen-accredited driver training school shall submit to the Secretary of State a copy of its behind-the-wheel course content, which must, at a minimum, include the course content set forth in subsection (c)(10). The course content shall be reviewed by the Commercial Driver Training School Division of the Department of Driver Services. If the classroom course content meets the requirements, it will be approved by the Department.
2) Behind-the-wheel instruction shall consist of a minimum of six hours of instruction during which the student is the operator of a dual controlled vehicle while the instructor is occupying the front seat.
3) Observation instruction shall consist of a minimum of six hours of observing another student behind the wheel instruction, unless the alternate formula outlined in subsection (c)(7) is used.
4) Behind-the-wheel instruction shall not begin until the student has completed four hours of the classroom portion of driver education and possesses the basic information required for safe operation of a vehicle in traffic.
5) When receiving behind-the-wheel instruction, each student must carry a valid instruction permit issued by the Secretary of State.
6) At least two, but not more than 4, students may occupy the car with an instructor when behind-the-wheel instruction is in progress. Behind-the-wheel instruction shall not exceed 90 minutes per student, per day. (Exception: Students participating in the alternate behind-the-wheel formula set forth in subsection (c)(7) may be provided one two-hour session of behind-the-wheel instruction). Behind-the-wheel lessons must be distributed regularly over a minimum period of two complete weeks.
7) Observation time in the car may not be counted as student driving. A parent may requests that observers be excluded if the parent has chosen an alternate formula. The alternate formula may substitute one additional hour of behind-the-wheel instruction for 3 hours of observation or 2 additional hours of behind-the-wheel instruction for 6 hours of observation. If an alternate formula is chosen, the student may drive alone with an instructor. The school must maintain on file a parental signature authorizing the student to take an alternate formula for the behind-the-wheel portion of instruction.
8) Each student shall receive a minimum of 6 full hours of behind-the-wheel instruction. There can be no allowance for any absences without actual make-up time spent behind the wheel. Satisfactory completion denotes that each student has the competencies to be certified by the school for issuance of a certificate.
9) Practice driving instruction shall include actual experience in starting, stopping, shifting, turning, backing, parking, steering and emergency situation procedures in a vehicle equipped according to IVC Section 6-410.
10) Behind-the wheel instruction shall include demonstration of and instruction in:
A) Stopping;
B) Starting;
C) Turning;
D) Backing;
E) Parking;
F) Steering.
**History**
- *Source: Amended at 46 Ill. Reg. 6670, effective April 11, 2022*
## **Chapter II** Secretary of State
### **Part 1060** Commercial Driver Training Schools
##### **92 Ill. Adm. Code 1060.190** Denial, Cancellation, Suspension, and Revocation of Commercial Driver Training School's License, Teen Accreditation, Cdl Accreditation, and Instructor's License {#sec-1060.190 omnilex-key=us-il-regs-official--title-92--1060.190}
a) The Secretary of State may deny, suspend, or revoke a commercial driver training school license, teen accreditation, CDL accreditation, or commercial driver training school instructor license for:
1) Any violation of 625 ILCS 5/Ch. 6, Art. IV.
2) Any violation of this Part or Section 1030.88.
3) A school that desires to have a license reinstated following suspension shall reapply and pay the application fee of $500 as required by Section 6-402(h) of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-402(h)].
4) An instructor who desires to have a license reinstated following suspension shall reapply and pay $70 as required by Section 6-411(g) of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-411(g)].
b) The Secretary of State may cancel a commercial driver training school license, teen accreditation and/or CDL accreditation for:
1) Any violation of Section 6-402 of the Illinois Vehicle Code [625 ILCS 5/6-402].
2) Any violation of Section 1060.20(a), (b), (c), and (e) of this Part.
3) In order to be eligible to be reinstated following cancellation, the school shall reapply for a license, pay the required application fee of $500 for a school as required by Section 6-402(h) of the Illinois Driver Licensing Law of the Illinois Vehicle Code [625 ILCS 5/6-402(h)] and demonstrate compliance with the provisions of this Part for which the cancellation was issued (e.g., proof of insurance).
c) The Secretary of State may cancel a commercial driver training school instructor license, teen accreditation and/or CDL accreditation for:
1) Any violation of Section 6-411 of the Illinois Vehicle Code [625 ILCS 5/6-411].
2) Any violation of Section 1060.120 of this Part.
3) In order to be eligible to be reinstated following cancellation, the instructor shall reapply for a license; pay the required fee of $70 for an instructor as required by Section 6-411(g) of the Illinois Vehicle Code; and demonstrate compliance with the provisions of this Part for which cancellation was issued (e.g., proof of insurance).
**History**
- *Source: Amended at 45 Ill. Reg. 13421, effective October 5, 2021*
##### **92 Ill. Adm. Code 1060.200** Commercial Driver's License, Endorsement, Accreditation {#sec-1060.200 omnilex-key=us-il-regs-official--title-92--1060.200}
a) Accreditation of the Program
Each commercial driver training school that desires to offer instruction to those individuals who wish to obtain a CDL, endorsement, or restriction must be accredited by the Secretary of State through the Department of Driver Services and listed on the Federal Motor Carrier Safety Administration's Training Provider Registry (TPR) (49 CFR 380.700 (2020) & 703 (2020)), on or after February 7, 2022, before instruction can be offered or advertised.
1) Upon receipt of proper application for accreditation, the Secretary of State will investigate the program and verify the information contained in the application. A Secretary of State employee will contact the applicant and make an appointment to inspect the school's facilities. At the time of inspection, the Secretary of State employee must verify that the school meets the standards for CDL accreditation set forth in subsections (b) through (e) and all other applicable Sections within this Part. These standards must be furnished to the school by the Secretary of State before the visit if the school requests them. If all qualifications and standards are met, the school will be accredited to offer instruction on how to operate a vehicle with CDL, endorsement, or restriction classification.
2) The accreditation of each school is renewable upon the expiration date of the school license, provided all qualifications and standards are met and the school has been in compliance with this Part.
3) Only persons qualified under Section 1060.120 who already possess the applicable CDL, endorsement, or restriction classification may teach the behind-the-wheel portion of instruction.
b) Required Facilities
1) All CDL, endorsement, or restriction accredited schools must provide all classroom and vehicle facilities and equipment prescribed in IVC Chapter 6, Article IV and Section 1060.50.
2) Those who desire to provide instruction to persons who wish to obtain a CDL, endorsement, and/or restriction classified license must additionally provide a vehicle training area, owned or leased by the school. The area must:
A) be a minimum of 27,000 square feet;
B) be made of a solid surface and be able to accept paint, which includes but is not limited to concrete, asphalt, and crushed compacted limestone;
C) have adequate lighting, approved by the Secretary of State, which is required for yard instruction to take place after dark;
D) have adequate parking space to accommodate all students when in the training area;
E) be maintained and be free of disrepair, including, but not limited to, potholes and ruts; and
F) contain restroom facilities if the school's main or branch location is not within 100 feet of the training facility.
c) Required Course of Instruction
1) CDL accredited driving schools must administer driving instruction course content that, at a minimum, corresponds to all applicable curricula in the appendices to 49 CFR 380 (2020). Each CDL accredited driving school must provide a minimum of 160 hours of instruction in not less than a 4-week period to each student, as indicated in the curriculum. A student must complete the 160 hours of instruction within 9 months after starting instruction.
2) The following training schedule shall be followed for each first-time CDL student over a minimum of 4 weeks:
A) Classroom: 40 hours of classroom instruction. This includes, but is not limited to, preparation for the Secretary of State's written examinations and all chapters of this curriculum.
B) Range: A minimum of 20 hours of behind-the-wheel instruction. This requires one-on-one instruction with a properly licensed CDL instructor and vehicle on an approved vehicle training area.
C) Over the Road: A minimum of 20 hours of behind-the-wheel instruction on public streets and highways. This requires one-on-one instruction with a properly licensed CDL instructor and vehicle.
D) Observation: 20 hours of observation experience composed of behind-the-wheel range and over-the-road training.
E) Remedial Training: 60 hours of additional classroom training, behind-the-wheel range, and over-the-road training based on each CDL student's specific needs.
3) Instructional materials must be available and include a form of video delivery.
4) A professional library containing an assortment of reference and textbooks, pamphlets, and other publications, including but not limited to the CDL Study Guide, must be available for the use of students and teachers.
5) A brush-up course of instruction may be offered to individuals who currently hold or have held a CDL issued under the requirements of 49 CFR 383 (2021) or have certified theory or behind-the-wheel training completion posted on the TPR website. The school must maintain records that verify students qualify for a brush-up course. This course may be offered on an hourly basis. No brush-up course may be offered to any individual who has never held a CDL.
6) Classroom Instruction
A) A listing of students enrolled in each course must be sent to the Secretary of State within 3 days after the first day of classroom instruction and in a manner prescribed by the Secretary of State.
B) Classroom instruction must include, at a minimum, all applicable curricula set forth in the appendices to 49 CFR 380 (2021). Schools may provide additional instruction on subject matter relating to the rules of the road as contained in the CDL Study Guide, safe driving practices, pedestrian safety, defensive driving techniques, behavioral characteristic of drivers, federal regulations relating to the Department of Transportation and CDL standards (49 CFR 383), vehicle insurance, the use of safety devices, the effects of alcohol and drugs on driving, and information on the human trafficking problem in Illinois. [625 ILCS 5/11-216]
C) Audio-visual materials may be used as a supplement to the teacher's presentation, but not as a replacement.
D) Student progress is to be periodically evaluated. Criteria for passing or failing the course is to be evident to the student, and successful completion clearly defined.
E) Each student must be informed, prior to the time instruction begins, of the amount of all fees or charges made for enrollment or registration, tuition, use of equipment, or materials provided by the CDL, endorsement, or restriction accredited driver training program.
F) Pre-Trip Instruction at the CDL yard is considered classroom instruction.
G) A professional library containing and assortment of reference and textbooks, pamphlets, and other publications, including but not limited to the CDL Study Guide, shall be made available for the use of students and teachers.
7) Behind the Wheel Instruction
A) Behind-the-wheel instruction must not begin until the student is enrolled in a classroom program of CDL, endorsement and/or restriction classification driver training and obtains the required knowledge for the safe operation of a vehicle in traffic as provided in 49 CFR 383.110 through 121.
B) When engaged in vehicle operation, a valid and properly classified instruction permit or driver's license must be in the student’s possession.
C) Practice driving instruction must comply with the curriculum provided by the Office of the Secretary of State and include, but not be limited to, pre-trip inspection actual experience in starting, stopping, shifting, turning, backing, docking, parking, steering, and emergency situation procedures.
D) A Class A CDL skills test for a tractor-trailer may be administered using a representative power unit with a multi-range transmission with no fewer than 9 forward gears, or an automatic transmission, and a representative trailer at least 48 feet long with a tandem axle.
8) Student Ratio Per Course
A) The total number of students enrolled in each CDL accredited driving school during any given period must not exceed 5 students for each currently licensed instructor.
B) The total number of students enrolled in each CDL accredited driving school during any given period must not exceed 6 students for each currently registered CDL vehicle.
d) Instructor Qualifications
1) Each CDL, endorsement, or restriction accredited driver training school must have at least one instructor employed by the school who meets the standards of IVC Section 6-411.
2) A CDL accredited instructor must comply with Sections 1060.120 and 1060.130, currently hold a valid CDL, and, preceding the date of application for an instructor’s license, must have held for any 2-year period a CDL of the same or higher class and with all endorsements necessary to operate the CMV for which training is to be provided.
3) The CDL accredited instructor must pass an objective written instructor examination based upon the IVC, this Part, and the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. 2704). The written examination will consist of 125 questions (90 multiple-choice and 35 true/false). The instructor must correctly answer 106 questions to pass.
4) The CDL accredited instructor is authorized to give instruction only in the classification, endorsement, or restriction in which the instructor is licensed, except that an instructor may teach a lower classification than the CDL held by the instructor.
5) The CDL accredited instructor must not be currently licensed as a CDL Third Party Certification Program Safety Officer.
e) Student Instruction Records
1) Records must be maintained by schools that document daily attendance, lesson time, and periodic evaluation of each student. The dates and times of classroom instruction, pre-trip CDL yard classroom instruction, behind-the-wheel instruction, and observation time must also be recorded. Students must be identified by their name, address, and other personal information. A driver license number also must be entered on the student record. The records must be on file in the office of the management for a period of 3 years.
2) The driver school with a CDL, endorsement, or restriction accreditation must meet all requirements of Section 1060.60.
3) The school and each student must maintain separate but identical logs of the student's behind-the-wheel instruction and observation time. The logs must include the dates of instruction, type of instruction, student/instructor signatures, and odometer readings of the vehicles used for instruction.
4) The CDL accredited driving school must submit the names of those students who have satisfactorily fulfilled the CDL accreditation course in a manner prescribed by the Secretary of State.
f) The Secretary of State will suspend, revoke, cancel or deny the license and/or accreditation of any driver training school or driver training instructor if the school or instructor fails to comply with this Part or 49 CFR 383.
g) The Secretary of State may reduce the number of scheduled skills testing for CDL accredited schools that have a student failure rate of 45% or greater in the preceding 2 calendar months.
**History**
- *Source: Amended at 47 Ill. Reg. 3506, effective February 27, 2023*
##### **92 Ill. Adm. Code 1060.210** Driver Training School Responsibility for Employees (recodified) {#sec-1060.210 omnilex-key=us-il-regs-official--title-92--1060.210}
**History**
- *Source: Recodified to Section 1060.150 at 17 Ill. Reg. 20006*
##### **92 Ill. Adm. Code 1060.220** Solicitation of Students and Pupils for Commercial Driver Training Instruction (recodified) {#sec-1060.220 omnilex-key=us-il-regs-official--title-92--1060.220}
**History**
- *Source: Recodified to Section 1060.160 at 17 Ill. Reg. 20006*
##### **92 Ill. Adm. Code 1060.230** Hearings (recodified) {#sec-1060.230 omnilex-key=us-il-regs-official--title-92--1060.230}
**History**
- *Source: Recodified to Section 1060.170 at 17 Ill. Reg. 20006*
##### **92 Ill. Adm. Code 1060.240** Teen Accreditation (recodified) {#sec-1060.240 omnilex-key=us-il-regs-official--title-92--1060.240}
**History**
- *Source: Recodified to Section 1060.180 at 17 Ill. Reg. 20006*
##### **92 Ill. Adm. Code 1060.250** Denial, Cancellation, Suspension, and Revocation of Commercial Driver Training School's License and Instructor's License (recodified) {#sec-1060.250 omnilex-key=us-il-regs-official--title-92--1060.250}
**History**
- *Source: Recodified to Section 1060.190 at 17 Ill. Reg. 20006*
##### **92 Ill. Adm. Code 1060.260** Commercial Driver's License and/or Endorsement and/or Restriction Accreditation (recodified) {#sec-1060.260 omnilex-key=us-il-regs-official--title-92--1060.260}
**History**
- *Source: Recodified to Section 1060.200 at 17 Ill. Reg. 20006*
##### **92 Ill. Adm. Code 1060.270** Operations During Covid-19 Pandemic {#sec-1060.270 omnilex-key=us-il-regs-official--title-92--1060.270}
Notwithstanding any other provision of this Part, as a result of the COVID-19 emergency declared through the Gubernatorial Disaster Proclamations, the following procedures shall apply for the time periods specified in this Section:
a) Classroom instruction may be provided virtually, via a live webcast taught by a licensed instructor or via pre-recorded sessions taught by a licensed instructor, until such time as the region in which the driving training school is located reaches Phase 5 of the Restore Illinois plan released by Governor Pritzker's office on May 5, 2020. If a pre-recorded program is to be used, it must be submitted to the Department for approval. Content must be specific to Illinois laws and Rules of the Road.
1) The instruction must include all course content set forth in Section 1060.181.
2) A student who started classroom instruction virtually may be allowed to finish virtual classroom instruction even if the driving training school is located in a region that reaches Phase 5 before classroom instruction is concluded.
3) If pre-recorded instruction is used, the student may not be allowed to fast-forward through instruction or skip a classroom session.
b) A driving training school may, but is not required to, resume in-person classroom instruction when the region in which the commercial driving school is located reaches Phase 3 of the Restore Illinois plan, so long as no more than 10 persons, inclusive of students and staff, are physically present in the classroom or upon reaching Phase 4 of the Restore Illinois Plan, so long as the school complies with Section 1060.181(b)(1)(C) and the following conditions:
1) Adherence to social distancing guidelines promulgated by the Illinois Department of Public Health (IDPH);
2) Face coverings must be worn by instructors and students, in accordance with IDPH safety guidance;
3) Hand sanitizer is available in the classroom;
4) A disposable mask is made available to all students upon request of the student;
5) Classrooms are sanitized between each class session, including the use of disinfectant on desks, door knobs, light switches, computers and related equipment such as the monitor, keyboard and mouse, and books; and
6) Adherence to all requirements of Phase 3 of the Restore Illinois plan.
c) Behind-the-wheel instruction may resume when the region in which the commercial driving school reaches Phase 3 of the Restore Illinois plan, under the following conditions:
1) Face coverings must be worn by instructors and students, in accordance with IDPH safety guidance;
2) Hand sanitizer is available in the training vehicle;
3) A disposable mask is made available to all students upon request of the student;
4) Only the instructor and the student may be present in the training vehicle (no other students are allowed). If requested, a parent may be present in the training vehicle, seated in the back seat. For auditing purposes, an employee of the Commercial Driver Training School Section may be present in the vehicle when an instructor administers a road exam pursuant to paragraph (e) of this Section;
5) The commercial driver training school must obtain written consent from the student's parent or guardian (if the student is under the age of 18) to allow for the behind-the-wheel instruction with only the instructor being present in the vehicle;
6) The training vehicle must be sanitized before and after each lesson;
7) Instructors must wash hands or use hand sanitizer prior to starting any behind-the-wheel lesson and must wear a face covering during any interaction with the student;
8) Observation hours, as set forth in Section 1060.181(c)(2), are waived until the Region in which the driver training school is located reaches Phase 5; and
9) Adherence to all requirements of Phase 3 of the Restore Illinois plan.
d) The 12-month pilot program that allows a commercial driver training school instructor to administer a road test to a student that successfully completes an approved driver education course is extended through December 31, 2022.
1) A commercial driver training instructor must be approved by the Department to administer the road test. Only instructors with five years of providing behind-the-wheel instruction to teens, either through a high school or a commercial driver training school, may be approved to administer the road test.
2) The road test route used by the commercial driving training instructor must be approved by the Department and must contain all the maneuvers included on a road test administered by Secretary of State employees.
3) A road test administered by a commercial driver training school instructor must be scored in the same manner as a road test administered by a Secretary of State employee.
4) Only vehicles in compliance with Section 1060.110 of this Part may be used to administer a road test.
5) A commercial driver training school may not conduct a road test for a student who has previously failed a Cooperative Testing road exam.
6) The commercial driver training school shall notify the Department if a student fails a road test administered by the commercial driver training school. The notification shall be made within two business days of the failure and shall include the student's name, instruction permit number, road test score sheet and the date on which the road test was administered.
7) The commercial driver training school shall submit a schedule of road tests in a manner prescribed by the Department, including but not limited to dates, times and locations of testing, to the Department, no later than two business days prior to each test.
8) The following records shall be maintained by for each road test administered by a commercial driver training school:
A) The name and instruction permit number of the student;
B) The fees charged to the student;
C) Verification that the student earned a grade of A or B in the classroom portion of an approved high school driver education course and successfully completed the behind-the-wheel portion at a commercial driver training school or successfully completed an approved driver education course at commercial driving training school; and
D) A copy of the driver student's road test score sheet.
e) All other provisions of this Part that have not been modified by this Section remain in full force and effect.
**History**
- *Source: Amended at 45 Ill. Reg. 13421, effective October 5, 2021*
### **Subchapter f** Highways
#### **Part 1065** Enhanced Skills Driving Schools
##### **92 Ill. Adm. Code 1065.10** Definitions {#sec-1065.10 omnilex-key=us-il-regs-official--title-92--1065.10}
"Department" − the Commercial Driving Training School Division within the Department of Driver Services within the Office of the Secretary of State.
"Enhanced Skills Driving School" or "ESDS" − a school for teaching advanced driving skills, such as emergency braking, crash avoidance and defensive driving techniques to licensed drivers for a fee. This term does not mean a school for preparing students for examinations given by the Secretary of State. (IVC Section 6-1001)
"Enhanced Skills Instruction" − techniques such as advanced driving skills, emergency braking, crash avoidance and defensive driving provided by an enhanced skills driving school.
"Fraudulent Activity" – any action calculated to deceive, whether it be a single act or combination of circumstances, whether the suppression of the truth or the suggestion of what is false, whether it be by direct falsehood or by innuendo, by speech or by silence.
"Illinois Vehicle Code" or "Vehicle Code" or "IVC" – 625 ILCS 5.
##### **92 Ill. Adm. Code 1065.15** Unlicensed Person May Not Operate Enhanced Skills Driving School {#sec-1065.15 omnilex-key=us-il-regs-official--title-92--1065.15}
a) No entity or individual that accepts payment in performing activities in the training of enhanced driving skills may operate, unless licensed as an ESDS by the Department in accordance with IVC Ch. 6, Art X.
b) Any entity or individual that is licensed as an ESDS must display its appropriate license in a visibly prominent place.
c) No person or group licensed as an ESDS, or any agent, servant or employee of any ESDS, shall give enhanced driving skills instruction unless licensed by the Department as an ESDS.
d) No ESDS shall operate before it is properly licensed by the Department as provided in IVC Section 6-1001.
e) No ESDS may remain in operation if its license to operate an ESDS is suspended, revoked, canceled or not renewed.
##### **92 Ill. Adm. Code 1065.20** Requirements for Enhanced Skills Driving School Licenses {#sec-1065.20 omnilex-key=us-il-regs-official--title-92--1065.20}
a) The Department shall not issue, or shall deny, cancel, suspend or revoke, an ESDS license unless:
1) The applicant has at least one motor vehicle owned or leased in the name of the ESDS or school owner and insurance certified as required in IVC Section 6-1002(3) for use in enhanced driving skills instruction;
2) The applicant has at least one person who is employed by or associated with the school who is licensed or qualified to be licensed by the Department as an ESDS instructor for that school;
3) The physical facilities meet the requirements of this Part;
4) The applicant is of good moral character as required pursuant to IVC Section 6-1002(1). In making a determination of good moral character, the Department is not limited to, but may consider, the following:
A) If the person has been convicted of a felony or a misdemeanor:
i) The relationship of any crime of which the person has been convicted to the ability to operate an enhanced skills driving school; or
ii) The length of time that has elapsed since the person's last criminal conviction;
iii) Whether the applicant successfully completed any sentence imposed with the convictions;
iv) Whether the applicant has multiple convictions for felony or misdemeanor offenses.
B) If the person has been indicted, formally charged or otherwise charged with a felony or a misdemeanor, the license shall be either denied or cancelled if:
i) the person is found "guilty" by the court, the denial or cancellation previously entered on his/her record in accordance with Section 1065.85(b) shall stand. This action does not preclude further suspension and/or revocation of the ESDS license under another Section of this Part or the IVC;
ii) the person is found "not guilty" by the court, the denial or cancellation previously entered on the license in accordance with Section 1065(b) shall be rescinded. This action does not preclude further suspension and/or revocation of the ESDS license under another Section of this Part or the IVC;
iii) the person is granted a disposition of "court supervision" by the court, the denial or cancellation previously entered on the license in accordance with Section 1065(b) shall be rescinded. This action does not preclude further suspension and/or revocation of the ESDS license under another Section of this Part or the IVC; and
5) The applicant has paid all applicable statutory fees.
b) Only one ESDS license shall be issued to any individual, group, association, partnership or corporation, and the Department shall deny the application of any ESDS if any of the applicants are unqualified or are already licensed or have made application for another ESDS license.
c) The applicant shall not be a current salaried or contractual employee of the Secretary of State.
d) Upon receipt of a properly executed application for a an ESDS license, the Department shall investigate the qualifications of the applicant, and authorized representatives of the Department shall inspect the ESDS property and equipment to determine whether the application should be granted or denied.
e) The applicant must authorize an investigation to include a fingerprint-based background check to determine if the applicant has ever been convicted of a crime and, if so, the disposition of those convictions. The authorization shall indicate the scope of the inquiry and the agencies that may be contacted. Upon this authorization, the Secretary of State may request and receive information and assistance from any federal, State or local governmental agency as part of the authorized investigation. Each applicant shall have his or her fingerprints submitted to the Department of State Police in the form and manner prescribed by the Department of State Police. The fingerprints shall be checked against the Department of State Police and Federal Bureau of Investigation criminal history record information databases. The applicant shall be required to pay all related fingerprint fees, including, but not limited to, the amounts established by the Department of State Police and the Federal Bureau of Investigation to process fingerprint based criminal background investigations. Any criminal convictions and disposition information obtained by the Secretary of State shall be confidential and may not be transmitted outside the Office of the Secretary of State, except as required in this Part, and may not be transmitted to anyone within the Office of the Secretary of State except as needed for the purpose of evaluating the applicant. The information obtained from the investigation may be maintained by the Secretary of State or any agency to which the information was transmitted.
f) An owner or manager shall not engage in fraudulent activity as defined in Section 1065.10.
g) An owner or employee of an ESDS shall not have been declared to have engaged in fraudulent activity within the five years prior to making application.
h) An owner shall not knowingly use unlicensed instructors for the purpose of enhanced driving skills instruction.
i) An owner shall submit a curriculum for courses and programs offered for review and approval by the Department.
j) Each ESDS must obtain and maintain a business telephone number and listing for use in conducting business.
##### **92 Ill. Adm. Code 1065.25** Enhanced Skills Driving School Names {#sec-1065.25 omnilex-key=us-il-regs-official--title-92--1065.25}
a) No ESDS shall adopt, use or conduct any business under a name that is not distinguishable upon the records of the Department from a name used by another ESDS as defined in 14 Ill. Adm. Code 150.440.
b) No licensed ESDS shall incorporate under its own or another name unless the name of the proposed corporation is submitted to the Department of Business Services of the Office of the Secretary of State for a final determination of the availability of the name, along with the fee required by Section 15.10 of the Business Corporation Act of 1983 [805 ILCS 5/15.10].
c) No licensed ESDS' name shall contain, separate and apart from any other word or abbreviation in the name, the word "corporation", "company", "incorporated", or limited", or an abbreviation of one of these words, unless so licensed by the Secretary of State.
d) No ESDS shall change its name unless 30 days prior written notice is given to the Department stating the change of name. Upon receipt of the above notice, the Department shall, without an application fee, require the ESDS to complete an amended application for license in the form and manner prescribed for original applicants.
##### **92 Ill. Adm. Code 1065.30** Refund of Application Fees {#sec-1065.30 omnilex-key=us-il-regs-official--title-92--1065.30}
The Department shall not refund any application fee that has been submitted by any person with an application for an ESDS or an ESDS instructor's license. This provision shall apply to all applicants regardless of whether a license has been issued or denied.
##### **92 Ill. Adm. Code 1065.35** School Locations and Facilities {#sec-1065.35 omnilex-key=us-il-regs-official--title-92--1065.35}
a) Each ESDS must maintain an established place of business that:
1) is owned or leased by the ESDS and regularly occupied and primarily used by the ESDS and that is not shared with any other ESDS;
2) is located in a district that is zoned for business or commercial purposes;
3) has a permanent sign with the name of the school on it;
4) includes an office facility, subject to the following conditions:
A) is a minimum of 150 square feet of office space that must contain sufficient space, equipment, records and personnel to carry on the business of an ESDS;
B) complies with all State and local laws relating to public health, safety and sanitation;
C) has a sign posted in a conspicuous place, on or near the permanent school sign, stating the days and regular hours when open. A school shall not be deemed open for business unless at least one authorized representative of the school is present;
D) is open to the general public during posted hours on file with the Department;
E) has direct access from the outside. Any business may be conducted in the same building providing the business being conducted is legal and the business has its own entrance;
F) displays the ESDS license, the names, addresses and instructor license numbers of all instructors employed by the school, and the address of each branch office and branch classroom.
b) An ESDS that has a licensed established place of business may operate a branch office provided all the requirements of the established place of business are met and the branch office bears the same name and is operated as a part of the same business entity as the established place of business.
1) Upon receipt by the Department of a written request to open a branch office, an authorized representative of the Department shall inspect the branch office and, if it complies with this Section, the Department shall issue the appropriate license, which must be displayed in a visibly prominent place in the branch facility.
2) When a branch office is to be closed, the enhanced skills driving school shall return the branch office license to the Department within 10 business days.
c) The established place of business or branch office of any ESDS shall not consist of or include a house trailer, residence, tent, temporary stand, temporary address, or room or rooms in a hotel, rooming house or apartment house; shall not be occupied as a single or multiple unit dwelling house; and shall not be an answering service.
d) No office or place of business of an ESDS shall be established within 1,500 feet of any building used as an office by any department of the Secretary of State having to do with the administration of any laws relating to motor vehicles, nor may any ESDS, its owner or any instructor solicit or advertise for business within 1,500 feet of any building used as an office by any department of the Secretary of State having to do with the administration of any laws relating to motor vehicles.
e) The established place of business of each ESDS must include a training site for the behind-the-wheel instruction that must be:
1) owned or leased by the ESDS;
2) paved and have sufficient space to safely accommodate the training provided in the ESDS curriculum; and
3) on private property (not on an open roadway).
f) No ESDS shall change the location of its established place of business or any of its branch facilities unless 30 days prior written notice is given to the Department stating the change of location. Upon receipt of the change of location notice, the Department will determine if the new location meets all requirements and, without an application fee, require the ESDS to complete an amended application for license in the form and manner prescribed for original applicants.
##### **92 Ill. Adm. Code 1065.40** Enhanced Skills Driving School Student Instruction Record {#sec-1065.40 omnilex-key=us-il-regs-official--title-92--1065.40}
a) All ESDS licensed by the Department shall maintain a permanent record of instruction given to each student in accordance with IVC Section 6-1008. The record shall include the name of the student, the student's driver's license number, all fees paid to the school by the student, the type and date of instruction given and the name of the instructors who provided the instruction. If records of the driver training school are kept electronically, a hard copy must be retained for inspection purposes. All permanent student instruction records must be kept on file in the established place of business of each ESDS for a period of three calendar years after the student has ceased taking instruction at or with the school.
b) Each ESDS shall furnish the student a duplicate of his or her instruction record when the student completes all of the courses contracted for or otherwise ceases taking instruction at or with the school.
c) The branch office must maintain a copy of the student's instruction record and any other student records required by the Department for a minimum period of six months before transferring the records to the established place of business where they shall be retained as provided in subsection (a).
##### **92 Ill. Adm. Code 1065.45** Enhanced Skills Driving School Required Curriculum and Course of Instruction {#sec-1065.45 omnilex-key=us-il-regs-official--title-92--1065.45}
a) Every ESDS student must possess a current and valid driver's license during each behind-the-wheel lesson.
b) The curriculum submitted by the ESDS must indicate the specific techniques of instruction that will be offered.
##### **92 Ill. Adm. Code 1065.50** Enhanced Skills Driving School Contracts {#sec-1065.50 omnilex-key=us-il-regs-official--title-92--1065.50}
a) All contracts or agreements between any ESDS and any individual or group for the sale, purchase, barter or exchange of any driving instruction or any classroom instruction must be in writing and shall contain the following:
1) A statement indicating the agreed contract price per hour or lesson and the terms of payment;
2) A statement that the agreement constitutes the entire contract between the school and the student, and no verbal assurances or promises not contained in the agreement shall bind the school or the student;
3) A statement indicating the specific date and time when instruction is to begin, the hours of instruction and the location of the instruction;
4) The name and address of the school and the student or entity and the number and type of all licenses to operate a motor vehicle held by the student; and
5) A statement indicating that the student has the right to file a complaint with the Secretary of State so that the Secretary may investigate and take appropriate action against the ESDS and/or instructor.
b) No ESDS may sell, transfer, assign, exchange, trade or otherwise dispose of any contract or part of a contract, agreement or obligation between any ESDS and any student, unless the ESDS has obtained the written consent of the student.
c) If any ESDS fails to comply with a material provision of a contract or agreement by or between the ESDS or any of its students, the ESDS shall refund all monies for any unperformed portion of the contract or agreement deposited by the student as consideration for performance of the contract or agreement by the school, unless the student violates a material provision of the contract or agreement.
##### **92 Ill. Adm. Code 1065.55** Inspection of School Facilities {#sec-1065.55 omnilex-key=us-il-regs-official--title-92--1065.55}
Each ESDS shall permit authorized representatives of the Department to make reasonable inspections of all of the school's facilities. During inspections, each owner, partner, associate, corporate director, officer, manager or employee of any ESDS shall cooperate with the authorized representative and, upon demand, shall exhibit all records, instructional aids and other objects that are pertinent and necessary to the inspection or investigation. If an ESDS' established business hours include only Saturday and Sunday and/or evening hours, the school, upon request from the Department, shall make necessary personnel available and shall allow the Department to make an inspection during the hours of 7:00 a.m. through 5:00 p.m., Monday through Friday.
##### **92 Ill. Adm. Code 1065.60** Licenses {#sec-1065.60 omnilex-key=us-il-regs-official--title-92--1065.60}
a) No individual, partnership, group, association or corporation may sell, assign, barter or trade any ESDS license or ESDS instructor license issued by the Department. No license issued under the IVC to any person to operate an ESDS or to an instructor shall be transferable.
b) When any licensed ESDS ceases to engage in the business of giving instruction for compensation or when, upon reasonable investigation, it appears that the school has ceased to do business, the owners, partners, associates, corporate directors, officers or managers of the enhanced skills driving school shall surrender their ESDS license to the Department.
c) ESDS instructors must have their wallet instructor's license on their person during all behind-the-wheel instruction.
##### **92 Ill. Adm. Code 1065.65** Safety Inspection of Enhanced Skills Driving School Motor Vehicles {#sec-1065.65 omnilex-key=us-il-regs-official--title-92--1065.65}
a) No motor vehicle shall be used for enhanced skills training unless:
1) it is owned or leased in the name of the ESDS licensed by the Department or school owner indicated on the license and a lease agreement is submitted to the Department signed by the lessor and lessee. The lease agreement shall contain the make, year and vehicle identification number of the vehicle. It shall also contain the names and addresses of the lessor and lessee;
2) it is in safe operating condition that includes, but is not limited to, operating and undamaged doors, mirrors, windshield, exhaust system, headlights, turn signals, seat belts, brakes and tires;
3) it is listed in the driver training school license application and insurance certificate on file with the Department.
b) The Department shall not issue an insurance certificate sticker until the school has provided to the Department a vehicle fleet schedule listing the vehicles used by the school that is signed by an authorized representative of the school and an insurance certificate form provided by the Department.
c) The insurance certificate sticker shall be issued by the Department and shall be firmly attached to the lower right portion of the front windshield of the vehicle and shall not be removed until the term of validity has expired or the motor vehicle ceases to be used for ESDS instruction or ESDS purposes by the ESDS identified on the sticker.
##### **92 Ill. Adm. Code 1065.70** Requirements to Obtain and Retain an Enhanced Skills Driving School Instructor's License {#sec-1065.70 omnilex-key=us-il-regs-official--title-92--1065.70}
a) The Department shall not issue, or shall deny, cancel, suspend or revoke, an ESDS instructor's license:
1) To any person who:
A) does not have a current, valid driver's license;
B) has not held a valid driver's license for any two year period preceding the date of application for an instructor's license;
C) intends to instruct in L and/or M classification, as defined in 92 Ill. Adm. Code 1030.30(e) and (f);
D) has not held the representative classification for three consecutive years immediately prior to the date of application;
E) has been convicted of three or more offenses against traffic regulations governing the movement of traffic within the two year period immediately preceding the date of application for an instructor's license;
F) has had two or more convictions of a violation that caused an auto accident within the two year period immediately preceding the date of application for an instructor's license;
G) is physically unable to safely operate a motor vehicle or to safely instruct or train others in the operation of a motor vehicle;
H) fails to properly and fully complete an application for a license or otherwise indicates that he/she is unqualified to receive an enhanced driving skills instructor's license;
I) is not employed or associated with an ESDS;
J) is currently a salaried or contractual employee of the Secretary of State;
K) fails to supply a complete set of fingerprints to the Department so that a background check may be completed;
L) is not at least 21 years of age;
M) is not of good moral character as required pursuant to IVC Section 6-1004(1). In making a determination of good moral character, the Department is not limited to, but may consider, the following:
i) If the person has been convicted of a felony or a misdemeanor, the relationship of any crime of which the applicant has been convicted to the ability to operate a driver training school and the length of time that has elapsed since the applicant's last criminal conviction;
ii) If the person has been indicted, formally charged or otherwise charged with a felony or a misdemeanor, the license shall be either denied or cancelled if:
• the person whose ESDS instructor licenses has been denied or cancelled under this Part is found "guilty" by the court, the denial or cancellation previously entered on his/her record in accordance with Section 1065.85(b) shall stand. This action does not preclude further suspension and/or revocation of the ESDS instructor license under another Section of this Part or the IVC;
• the person is found "not guilty" by the court, the denial or cancellation previously entered on the license in accordance with Section 1065.85(b) shall be rescinded. This action does not preclude further suspension and/or revocation of the ESDS instructor license under another Section of this Part or the IVC;
• the person is granted a disposition of "court supervision" by the court, the denial or cancellation previously entered on the license in accordance with Section 1065.85(b) shall be rescinded. This action does not preclude further suspension and/or revocation of the ESDS instructor license under another Section of this Part or the IVC;
N) holds a driver's license that has had a revocation that has terminated within 10 years prior to the date of application;
O) has ever been convicted of driving while under the influence of alcohol, other drugs, or a combination thereof, leaving the scene of an accident, reckless homicide, or reckless driving.
b) If an applicant indicates that he/she has been convicted of a felony or misdemeanor, the applicant shall submit a signed release allowing the Department to obtain any information regarding the applicant's arrest and conviction, thereby enabling the Department to determine the fitness of an applicant to be licensed as an instructor.
c) No ESDS instructor shall provide behind-the-wheel instruction in a vehicle that is classified higher than the classification of the instructor's driver's license. An instructor may hold two classifications, one classification from Classes A, B, C and D and one classification from Classes L and M, as defined in 92 Ill. Adm. Code 1030.30(e) and (f). An instructor holding a Class A commercial driver's license may teach enhanced driving skills in Classes A, B, C and D vehicles. An instructor holding a Class B commercial driver's license may teach enhanced driving skills in Classes B, C and D vehicles. An instructor holding a Class C commercial driver's license may teach enhanced driving skills in Classes C and D vehicles. However, an instructor holding a non-commercial driver's license may only teach students who do not require a commercial driver's license. An instructor holding a Class M license may teach students enhanced driving skills in Classes L and M vehicles.
d) All instructors who have ceased to be employed or associated with the school designated on their license must submit a new complete instructor's license application and application fee before being licensed to instruct at another school or in the same school after the cessation.
e) An instructor shall not engage in fraudulent activity as defined in Section 1065.10.
f) During the course of instruction, an instructor shall not engage in any non-school related activity that puts the student in danger.
g) A licensed ESDS instructor who holds a license from a state other than Illinois must provide the Department with a copy of his/her current driving record with the original application and every six months subsequent to licensure.
##### **92 Ill. Adm. Code 1065.75** Enhanced Skills Driving School Responsibility for Employees {#sec-1065.75 omnilex-key=us-il-regs-official--title-92--1065.75}
a) No ESDS shall employ or otherwise retain any individual to give instruction unless the individual has a valid, current ESDS instructor's license for that school issued by the Department and meets the qualifications provided in Section 1065.70.
b) All acts by any individual employed by or associated with any ESDS and all acts performed by an instructor shall be presumed acts within the scope of employment unless the school can provide competent evidence to the contrary.
c) If a licensed instructor is temporarily suspended, laid off or discharged by an ESDS, the school shall immediately notify the Department, on forms furnished by the Department, containing the name, address and license number of the instructor, termination date, and the reason for the termination. In all cases in which an employee ceased working for the ESDS, whether it be a temporary layoff or any other termination of his/her association with the school, the instructor must surrender his/her license to the Department.
##### **92 Ill. Adm. Code 1065.80** Denial, Cancellation, Suspension and Revocation of Enhanced Skills Driving School's License and Instructor's License {#sec-1065.80 omnilex-key=us-il-regs-official--title-92--1065.80}
a) The Department may deny, suspend or revoke an ESDS license, or ESDS instructor license for any:
1) violation of IVC Ch. 6, Art. X;
2) violation of this Part.
b) The Department may cancel an ESDS license for any:
1) violation of IVC Sections 6-1001 and 6-1002;
2) violation of this Part.
c) The Department may cancel an ESDS instructor license for any:
1) violation of IVC Section 6-1004;
2) violation of this Part.
##### **92 Ill. Adm. Code 1065.85** Reinstatement After Cancellation or Suspension {#sec-1065.85 omnilex-key=us-il-regs-official--title-92--1065.85}
a) An ESDS that desires to have a license reinstated following suspension shall reapply and pay the application fee of $500 as required by IVC Section 6-1002(5).
b) An ESDS instructor who desires to have a license reinstated following suspension shall reapply and pay $70 as required by IVC Section 6-1004(5).
c) An ESDS that desires to have a license reinstated after cancellation shall reapply for a license, pay the required application fee of $500 as required by IVC Section 6-1002(5), and demonstrate compliance with the provisions of this Part for which the cancellation was issued (e.g., proof of insurance).
d) An ESDS instructor that desires to have a license reinstated after cancellation shall reapply for a license; pay the required fee of $70 as required by IVC Section 6-1004(5); and demonstrate compliance with the provisions of this Part for which cancellation was issued (e.g., proof of insurance).
##### **92 Ill. Adm. Code 1065.90** Hearings {#sec-1065.90 omnilex-key=us-il-regs-official--title-92--1065.90}
a) The Department will send written notice of denial to an applicant for a license to operate an ESDS or to be an ESDS instructor. A formal hearing may be requested in writing in accordance with 92 Ill. Adm. Code 1001, Subpart A and IVC Section 2-118. A request for hearing shall not stay the denial.
b) Prior to the suspension or revocation of the license of an ESDS or ESDS instructor, the Department will conduct a hearing in accordance with 92 Ill. Adm. Code 1001, Subpart A and IVC Section 2-118. In the hearing, the Department will present competent evidence to establish violations of any regulations or laws governing ESDS and/or ESDS instructors and seek the appropriate sanctions in accordance with Section 1065.85.
### **Part 1066** Online Only Adult Driver Education Course Provider Certification
##### **92 Ill. Adm. Code 1066.5** Definitions {#sec-1066.5 omnilex-key=us-il-regs-official--title-92--1066.5}
Unless otherwise noted, the following definitions shall apply to this Part:
"Applicant" − an entity applying for certification as an online only adult driver education course provider. Every officer, owner, director, partner and/or manager is subject to this Part.
"Certification" – a document issued by the Department that authorizes the entity named in the document to offer an online only adult driver education course.
"Consumer Information" − name, address, date of birth, gender, email address and payment information, including credit card and bank account numbers or electronic payment data of students who are enrolled in or have completed an adult driver education course.
"Department" − the Commercial Driving Training School Division within the Department of Driver Services within the Office of the Secretary of State.
"Fraudulent Activity" – any action calculated to deceive, whether it be a single act or combination of circumstances, whether the suppression of the truth or the suggestion of what is false, whether it be by direct falsehood or by innuendo, by speech or by silence.
"Illinois Vehicle Code" or "Vehicle Code" or "IVC" − 625 ILCS 5.
"Online Only Adult Driver Education Course Provider" or "Provider" − an entity or person certified by the Secretary of State to provide an adult driver education course solely online.
"Secretary of State" or "Secretary" − the Secretary of State of the State of Illinois.
##### **92 Ill. Adm. Code 1066.10** Certification Required {#sec-1066.10 omnilex-key=us-il-regs-official--title-92--1066.10}
a) No person, firm, association, partnership or corporation shall operate as a provider or engage in the business of providing an online only adult driver education course unless a certification has been issued by the Secretary.
b) No provider may remain in operation if its certification to operate as a provider is suspended, revoked, canceled or not renewed.
##### **92 Ill. Adm. Code 1066.20** Requirements for Online Only Adult Education Course Providers {#sec-1066.20 omnilex-key=us-il-regs-official--title-92--1066.20}
a) The Secretary of State shall not issue, or shall deny, cancel, suspend, or revoke, an online only adult education course provider certification:
1) Unless the applicant/provider is of good moral character. In making a determination of good moral character, the Department is not limited to, but may consider, the following:
A) Whether the applicant/provider has been convicted of a felony or a misdemeanor. The Department shall consider:
i) The relationship of any crime of which the applicant/provider has been convicted to the ability to operate an online only adult driver education course;
ii) The length of time that has elapsed since the applicant's/provider's last criminal conviction;
iii) Whether the applicant/provider successfully completed any sentence imposed with the convictions;
iv) Whether the applicant/provider has multiple convictions for felony or misdemeanor offenses.
B) If the person has been indicted, formally charged, or otherwise charged with a felony or a misdemeanor, the certification shall be either denied or cancelled.
i) If the person whose certification has been denied or cancelled under this Part is adjudicated "guilty" by the court, the denial or cancellation previously entered on his/her record in accordance with this Section shall stand. This action does not preclude further suspension and/or revocation of the certification under another Section of this Part or the IVC.
ii) If the person whose certification has been denied or cancelled under this Part is adjudicated "not guilty" by the court, the denial or cancellation previously entered on his/her record in accordance with this Section shall be rescinded. This action does not preclude further suspension and/or revocation of the certification under another Section of this Part or the IVC.
iii) If the person whose certification has been denied or cancelled under this Part is granted a disposition of "court supervision" by the court, the denial or cancellation previously entered on his/her record in accordance this with this Section shall be rescinded. This action does not preclude further suspension and/or revocation of the certification under another Section of this Part or the IVC.
2) To any owner or employee who, during the course of interaction with students:
A) Engaged in activity that puts the student in danger; or
B) Engaged in reckless behavior; or
C) Failed to maintain a professional relationship with students at all times.
3) Unless the applicant/provider files and maintains with the Department a continuous surety bond in the principal sum of $50,000, underwritten by a company authorized to do business in the State of Illinois, for the protection of the contractual rights of students. However, the aggregate liability of the surety for all breaches of the condition of the bond in no event shall exceed the principal sum of $50,000. The surety on any bond may cancel the bond on giving 30-days' notice in writing to the Secretary of State and shall be relieved of liability for any breach of any conditions of the bond that occurs after the effective date of cancellation. All bonds filed pursuant to this provision shall be in substantially the following form:
Know All Persons by These Presents, That We,
, of
,
hereinafter referred to as Principal and
, a
corporation organized and existing to do business in the State of Illinois, for the use and benefit of all persons who may be damaged by breach of this bond, as Obligees, in the penal sum of $50,000, lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our executors, administrators, successors and assigns, firmly by these presents. The condition of this obligation is such that the principal has made application to the Illinois Secretary of State for certification for the purpose of exercising the vocation of an online only adult education course provider. If the Principal faithfully complies with the Illinois Vehicle Code and all rules and regulations that have been or may hereafter be in force concerning the license or permit, and shall save and keep harmless the Obligees from all loss or damage that may be sustained as a result of the issuance of the license or permit to the Principal, this obligation shall be void; otherwise, this obligation shall remain in full force and effect. The bond will expire but may be continued by renewal certificate signed by Principal and Surety. The Surety may at any time terminate its liability by giving 30 days written notice to the Commercial Driver Training Section of the Department, 1800 W. Hawthorne Lane, West Chicago, Illinois 60185, and the Surety shall not be liable for any default after that 30 day notice period, except for defaults occurring prior thereto.
Signed, Sealed and Dated this
day of
, 20__
Principal
Surety
By
Attorney-in-fact
4) Unless the Secretary is satisfied that the applicant/provider has established adequate procedures for verifying the identity of the student taking the course and ensuring that the student completes the course in its entirety.
5) Unless the applicant submits a copy of its course content, conforming with Section 1066.45, to the Department for review and approval, including the questions and answers on the quizzes and final examination.
6) If a provider fails to immediately report to the Department any unauthorized access to consumer information, including computer breaches, or fails to comply with the Illinois Personal Information Protection Act [815 ILCS 530/5].
7) If the applicant/provider is an Illinois corporation, unless the corporation is in good standing with the Illinois Secretary of State, Department of Business Services.
8) If the applicant/provider is a foreign corporation, unless the corporation is authorized to transact business in Illinois, as evidenced by submission of an Application for Authority to Transact Business in Illinois and acceptance of the same by the Illinois Secretary of State, Department of Business Services.
9) If the applicant/provider is a foreign limited liability company, unless the limited liability company is authorized to transact business in Illinois, as evidenced by submission of an Application for Admission to Transact Business and acceptance of that application by the Illinois Secretary of State, Department of Business Services.
10) If the owner or any employee of the applicant/provider is a current salaried or contractual employee of the Secretary of State.
11) If an applicant/provider, owner, or manager engages in fraudulent activity as defined in Section 1066.5.
12) If an applicant, owner, or employee has been declared to have engaged in fraudulent activity within the 5 years prior to making application for certification.
13) If an applicant/provider or owner owes outstanding fees to the Secretary of State.
14) If an applicant/provider sells or discloses any consumer information or fails to post a statement indicating consumer information will not be sold or disclosed on its website.
15) If an applicant/provider requests the social security number of students.
16) If a provider fails to immediately report to the Department any unauthorized access to consumer information, including computer breaches.
17) Unless the provider/applicant maintains a staffed customer service telephone number or live agent online support local Illinois time between 9:00 a.m. and 9:00 p.m. CST Monday through Friday and between 9:00 a.m. and 7:00 p.m. Saturday and also maintains an email address or voice mail or answering service 24 hours a day, 7 days a week. All inquiries must be resolved within 48 hours after first contact.
18) Unless the provider/applicant provides the Department with a detailed description of each position involved in every facet of the adult driver education course, with contact information for each employee. The provider must report any staffing changes to the Department within 72 hours after the change.
19) If the provider uses voice recognition as a method of verification, unless the provider furnishes a toll-free number for the purposes of providing the required voice exemplars.
b) Only one provider certification shall be issued to any individual, group, association, partnership or corporation, and the Department shall deny an application for certification as a provider if any of the applicants are unqualified, are already certified or have made application as another provider.
c) Upon receipt of a properly executed application for certification, the Department shall investigate the qualifications of the applicant to determine whether the application should be granted or denied.
d) Certifications may only be issued by the Department.
e) An entity whose certification has been denied, cancelled, suspended, or revoked pursuant to this Part may request an administrative hearing pursuant to 92 Ill. Adm. Code 1001.
f) All monies required to be remitted by a provider to the Department must be submitted in United States currency.
**History**
- *Source: Amended at 48 Ill. Reg. 15101, effective October 9, 2024*
##### **92 Ill. Adm. Code 1066.30** Online Only Adult Driver Education Course Provider Names {#sec-1066.30 omnilex-key=us-il-regs-official--title-92--1066.30}
a) No provider shall adopt, use or conduct any business under a name that is not distinguishable upon the records of the Department from a name used by another provider, as distinguishable is defined in 14 Ill. Adm. Code 150.440.
b) No provider shall incorporate under its own or another name unless the name of the proposed corporation is submitted to the Department of Business Services of the Office of the Secretary of State for a final determination of the availability of the name, along with the fee required by Section 15.10 of the Business Corporation Act of 1983 [805 ILCS 5/15.10].
c) No provider name shall contain, separate and apart from any other word or abbreviation in the name, the word "corporation", "company", "incorporated" or limited", or an abbreviation of one of these words, unless so licensed by the Secretary of State.
d) No provider shall operate under an assumed name, unless the provider complies with all provisions of the Assumed Business Name Act [805 ILCS 405].
e) No provider shall change its name unless 30 days prior written notice is given to the Department stating the change of name. Upon receipt of notice of name change, the Department shall, without an application fee, require the provider to complete an amended application for certification in the form and manner prescribed for original applicants.
##### **92 Ill. Adm. Code 1066.40** Online Only Adult Driver Education Course Required Instruction {#sec-1066.40 omnilex-key=us-il-regs-official--title-92--1066.40}
a) Providers must provide 6 hours of online driver education instruction in accordance with the course content set forth in Section 1066.45.
1) A minimum of 360 minutes of instruction must be provided.
2) Each student must complete the instruction within 30 days after commencement of instruction.
3) The material presented in the course shall be edited for grammar, punctuation and spelling and be of such quality that it does not detract from the subject matter.
4) Advertisement of goods and services shall not appear during instructional time. Material not related to the topic being presented shall not appear during instructional time.
5) To demonstrate that the course contains a minimum of 360 minutes of instruction, the following calculations shall be used:
A) For written material that is read by the student, count the total number of words in the written sections of the course. Divide the word count by 180, the average number of words that a typical student reads per minute. The result equals the time associated with the material for the written sections.
B) For multimedia presentation, including simulators, video and animation, calculate the total amount of time it takes for all multimedia presentations to play, which shall not exceed 120 minutes.
C) Assign one minute for each chart or graph.
D) If the sum of the time associated with written course material, multimedia presentations, and graphs equals or exceeds 360 minutes, the course has met the minimum content time.
b) In lieu of the time calculation method set forth in subsection (a)(5) a provider may submit alternate methodology to demonstrate that the course contains a minimum of 360 minutes of instruction.
c) All material appearing on screen to be read by the student shall also be spoken aloud to the student, unless this function is manually disabled by the student.
d) Providers must monitor the Illinois General Assembly and update their course content to include any new laws regarding the rules of the road or operation of motor vehicles. This update shall be submitted to the Department for review and approval within 60 days after the effective date of the law change.
e) Criteria for passing the course, in accordance with Section 1066.70, shall be provided to the student prior to the commencement of the course.
f) The course must be designed and well suited for students with minimal keyboarding and/or computer skills.
g) Prior to certification, each applicant shall provide the Department with all necessary information to allow the Department to participate in a complete online adult driver education course, without fee to the Department, so that the Department may determine if the course satisfies the requirements of this Part. If the proposed course content meets the requirements of this Part, it will be approved by the Department.
h) Providers must follow the online course content submitted to and approved by the Department at the time of application for certification. To determine compliance with this provision, the provider shall provide the Department with all necessary information to allow the Department to participate in a complete online adult driver education course, without fee to the Department.
i) If a provider wishes to substantially change the course content, a copy of the proposed revisions must be sent to the Department for approval. The provider shall also provide the Department with all necessary information to allow the Department to participate in a complete adult driver education course, with the proposed revisions included in the course. After review, the Department will send a letter to the provider either approving or rejecting the proposed changes.
j) Within 2 business days after successful completion of an adult driver education course, providers shall electronically transmit to the Secretary the student's full name (first, middle and last), address, date of birth, gender and email address, accompanied by the statutory fee of $5.
##### **92 Ill. Adm. Code 1066.45** Online Only Adult Driver Education Course Content {#sec-1066.45 omnilex-key=us-il-regs-official--title-92--1066.45}
a) Course Objectives. The educational objectives of adult driver education shall include, but not be limited to, promoting respect for and encouraging observance of traffic laws and traffic safety responsibilities of drivers and citizens, reducing traffic violations, reducing traffic-related injuries, deaths and economic losses, and motivating continuing development of traffic related competencies through education, including, but not limited to, Illinois traffic law, risk management, driver attitudes and courtesy skills, and informing participants about the effects of alcohol and other drugs on driving ability.
b) Course Content
At a minimum, course content must include:
1) Familiarization with the process of obtaining an instruction permit and driver's license and the obligations and responsibilities that exist with holding a license;
2) Instruction on traffic laws;
3) Highway signs;
4) Signals and markings that regulate, warn or direct traffic, including traffic signs and lane markings;
5) Issues commonly associated with motor vehicle accidents, including poor decision making, risk taking, distractions, speed, failure to use a safety belt, driving at night, failure to yield the right-of-way, texting while driving and using wireless communication devices;
6) How to respond to emergency vehicles;
7) Turning, passing and yielding;
8) Construction and school zones;
9) Stopping distance;
10) Blind spots;
11) Strategy for driving using:
A) Smith System;
B) IPDE Process;
C) Zone Control;
D) Any other recognized process for identifying problems, predicting outcomes, deciding action and executing decisions;
12) Right-of-way for pedestrians, emergency vehicles and school buses;
13) Sharing the road with pedestrians, bicyclists, motorcyclists, trucks and recreational vehicles;
14) Road hazards, including visibility, weather and traction;
15) Mental conditions, including alertness, awareness and emotion;
16) Alcohol and other drugs, including effects, responsibilities, driving under the influence, zero tolerance, and implied consent laws;
17) Differences in urban and rural driving, including driving on highways and Interstate driving;
18) Organ donor;
19) Illinois Secretary of State emergency contact database; and
20) Instruction concerning law enforcement procedures for traffic stops, including a demonstration of the proper actions to be taken during a traffic stop and appropriate interactions with law enforcement.
c) Providers shall group course content into modules or sections to allow for quizzes in accordance with Section 1066.70.
**History**
- *Source: Amended at 46 Ill. Reg. 6718, effective April 11, 2022*
##### **92 Ill. Adm. Code 1066.50** Online Only Adult Driver Education Course Student Instruction Record {#sec-1066.50 omnilex-key=us-il-regs-official--title-92--1066.50}
a) A provider shall provide for the creation and maintenance of the records documenting student enrollment, the verification of the student's identity, and testing of the student's mastery of the course material. The provider shall also ensure that the student record is readily, securely, and reliably available for inspection by a representative of the Secretary of State. The records shall be maintained for a minimum of 3 years. The student records shall contain the following information:
1) the student's first, middle and last name;
2) the student's residence and email addresses;
3) the student's date of birth and gender;
4) a record of all questions asked and the student's responses;
5) a record of the date and time the student spent in each section and the total instructional time the student spent in the course; and
6) a record of all verification of the student's identity (i.e., if voice biometrics are used, a copy of each voice recording must be maintained).
b) Failure to maintain the required student instruction records, and/or the maintenance of incomplete records, shall be prima facie evidence that the required instruction was not administered.
##### **92 Ill. Adm. Code 1066.60** Online Only Adult Driver Education Course Student Contracts {#sec-1066.60 omnilex-key=us-il-regs-official--title-92--1066.60}
a) Each student shall be informed, prior to the time instruction begins and the collection of any fees, of the amount of any and all fees or charges relative to the adult driver education course, including but not limited to enrollment, tuition, equipment, textbooks and instructional manuals. The provider shall not require mandatory installation or purchase of the provider's proprietary software or shareware, unless this fee was expressly included in the disclosure of fees made prior to enrollment in the course.
b) All contracts or agreements between any provider and any individual or group for the sale, purchase, barter or exchange of any driver education instruction, must contain the following:
1) A statement that the agreement constitutes the entire contract between the provider and the student and that no verbal assurances or promises not contained in the agreement shall bind the provider or the student.
2) A statement indicating that all disputes under this Section shall be directed to the Secretary of State.
c) The term "no refund" and a no refund policy concerning student payments are not permitted in any online adult driver education course contract. A provider may use the phrase: "The provider will not refund any fees if the provider is capable and willing to perform its part of the contract."
d) No provider may sell, transfer, assign, exchange, trade or otherwise dispose of any contract or part of a contract, agreement or obligation between any provider and any student, unless the provider has obtained the written consent of the student.
e) If a provider fails to comply with the provisions of a contract or agreement by or between the provider and any of its students, the provider shall refund all monies paid by the student as consideration for performance of the contract or agreement by the provider, unless the student violates the provisions of the contract or agreement. No provider is required to issue a refund to a student who has successfully completed the provider's course and for whom a certificate of completion has been issued.
##### **92 Ill. Adm. Code 1066.70** Online Only Adult Driver Education Course Provider Verification of Student Identity and Course Completion {#sec-1066.70 omnilex-key=us-il-regs-official--title-92--1066.70}
a) Prior to certification, providers must submit procedures for verifying the identity of the student taking the course to the Secretary of State, which may include, but are not limited to, the following:
1) Keystroke analysis or unique typing style;
2) Voice verification;
3) Fingerprint comparison;
4) Web Video Recording;
5) Challenge questions based on third party data (i.e., information obtained from credit bureaus or information brokers). Sample challenge questions must be submitted to the Department as part of provider certification;
6) Web video conference proctor with screen monitoring with live certified proctors.
b) If the method of verification is keystroke analysis or unique typing style, in addition to the initial keystroke analysis, additional analyses must be conducted at least once per hour during the course at random intervals. Students shall have 60 seconds to provide a keystroke sample. Students who fail to provide a sample or to do so within this specified time period shall be returned to the place in the course where the student last successfully passed a verification. A student, who, for the second time, fails to provide a sample, or fails to do so within this specified time period shall be deemed to have failed the course. If the sample does not match the sample provided by the student at the start of the course, the student shall be required to provide another sample. If the second sample does not match the sample provided by the student at the start of the course, the student shall be required to provide a third sample. If the third sample does not match the sample provided by the student at the start of the course, the student shall be prevented from completing the course and shall be deemed to have failed the course.
c) If the method of verification is voice verification, in addition to the initial voice exemplar, the student shall be required to call at least one time per hour, during each hour of the course, during random intervals. Students shall have only 60 seconds to provide a voice exemplar. Students who fail to provide an exemplar or to do so within this specified time period shall be returned to the place in the course where the student last successfully passed a verification. A student, who, for a second time, fails to provide an exemplar or fails to do so within this specified time period shall be deemed to have failed the course. If the voice exemplar does not match the exemplar provided by the student at the start of the course, the student shall be required to provide another exemplar. If the second exemplar does not match the exemplar provided by the student at the start of the course, the student shall be required to provide a third sample. If the third sample does not match the sample provided by the student at the start of the course, the student shall be prevented from completing the course and shall be deemed to have failed the course.
d) If the method of verification is challenge questions, the student must be asked a minimum of two questions per hour, during each hour of the course, during random intervals. Students shall have only 60 seconds to respond. Students who fail to respond to the question or who fail to respond within the specified time period shall be returned to the place in the course where the student last successfully passed a verification. A student who, for a second time, fails to responds to a challenge question or who fails to respond within the specified time period shall be deemed to have failed the course. If a student answers a question incorrectly, another challenge question shall be asked. If the student correctly answers the challenge question, the student may proceed with the course. If the student incorrectly answers a third challenge question, the student is deemed to have failed the course.
e) Providers shall incorporate a course content validation process that verifies student participation and comprehension of course material, and course completion, including the following:
1) Built-in timers to ensure that 360 minutes of instruction have been viewed and completed by the student. Timers must prevent the student from scrolling, skipping or advancing through the course without reading the material and must not allow the student to take section quizzes or the final examination without viewing or reading the course content. If a student attempts to take a quiz or the final examination without having spent the minimum time required for a section or the course, the student must be returned to the place in the course where the student last spent the minimum required time.
2) At least one course validation question shall be asked following each multimedia clip that exceeds 60 seconds.
A) For each multimedia presentation that exceeds 60 seconds, at least 4 questions shall be included in the test bank.
B) Questions may be multiple choice, true/false, or a combination of both. Questions shall be difficult enough that the answer may not be easily determined without having viewed the multimedia clip.
C) If the student answers the question incorrectly, the correct answer must be provided to the student, after which the student must view the multimedia clip again. A different question from the test bank shall then be asked. A question may not be repeated until all questions from the test bank have been used.
3) Providers shall test the student's course participation and comprehension of the material by asking a minimum of 3 questions at the end of each section or module of the course.
A) Questions may be multiple choice, true/false or a combination of both. Questions shall be of such difficulty that the answers may not be easily determined without having participated in the section/module.
B) The test bank for course participation questions shall include a minimum of 5 questions from each section or module and shall be randomized.
C) If the student answers two or more questions incorrectly, the student must complete the section/module again. At the completion of the section/module three questions must be asked, using different questions from the test bank. A question may not be repeated until all questions from the test bank have been used.
4) Students must complete a final examination at the end of the course, which shall consist of 20 questions from a test bank of a minimum of 40 questions. Questions may be multiple choice, true/false or a combination of both, and questions shall be randomized. Questions shall be of such difficulty that the answers may not be easily determined without having participated in the entire course. A student must score at least 75% on the final examination. If a student scores less than 75%, the student shall be re-tested, using different questions from the test bank. The student is not required to repeat the course, but may be allowed to review the course prior to retaking the examination. If the student fails the comprehensive final examination 2 times, the student has failed the course.
##### **92 Ill. Adm. Code 1066.80** Hearings {#sec-1066.80 omnilex-key=us-il-regs-official--title-92--1066.80}
a) Prior to the denial of a certification of an applicant or existing provider, the Department shall send written notice to the provider. If a formal hearing is requested in writing in accordance with 92 Ill. Adm. Code 1001.Subpart A and IVC Section 2-118, the denial shall stand pending the outcome of the hearing. The denial of a certification shall contain the specific reasons why the certification has been denied.
b) Prior to the suspension or revocation of a provider's certification, the Department will conduct a hearing in accordance with 92 Ill. Adm. Code 1001.Subpart A and IVC Section 2-118, in which the Department will present competent evidence to establish violations of any regulations or laws governing providers and seek the appropriate sanctions in accordance with Section 1066.90.
##### **92 Ill. Adm. Code 1066.90** Denial, Cancellation, Suspension and Revocation of an Online Only Adult Driver Education Course Provider Certification {#sec-1066.90 omnilex-key=us-il-regs-official--title-92--1066.90}
The Secretary of State may deny, cancel, suspend or revoke a certification:
a) For any violation of IVC Section 6-107.5
b) For any violation of this Part.
c) If the provider's certification or licensure to provide any type of driver education has been denied, cancelled, suspended or revoked.
##### **92 Ill. Adm. Code 1066.100** Online Only Adult Driver Education Course Website and Security Requirements {#sec-1066.100 omnilex-key=us-il-regs-official--title-92--1066.100}
a) Each provider's website must display the following information on its homepage:
1) the provider's Secretary of State certification number;
2) a statement that complaints regarding the provider may be directed to the Secretary of State's Commercial Driver Training School Section. Contact information for the Commercial Driver Training School Section shall be included with the statement.
b) Each provider must offer the course from a single domain. The course may accept students that are redirected to the online course domain, as long as the provider's certification number appears on the source that redirects the student to the online course domain. The student must be redirected to a webpage that clearly identifies the certified provider offering the course before the student begins the registration process, supplies any information, or pays for the course.
c) Providers are prohibited from selling or disclosing any consumer information provided by the student. A statement to that effect must be posted on the provider's website in a conspicuous location.
d) Providers are prohibited from requesting the social security numbers of students.
e) Providers must take all necessary measures to prevent unauthorized access to consumer information, either in printed or electronic form, and, upon discovery, shall immediately report any unauthorized access to the Department.
f) Provider servers must be located in a secure location, with access restricted to only those employees or persons who have a need to access the server.
##### **92 Ill. Adm. Code 1070.10** Forms of Security {#sec-1070.10 omnilex-key=us-il-regs-official--title-92--1070.10}
a) For purposes of this Section, the following definitions shall apply:
"Bank Draft" − a negotiable instrument that contains an unconditional promise to pay a certain sum of money that is payable on demand or at a definite time to the bearer or to order as provided in Section 3-104 of the Uniform Commercial Code [810 ILCS 5/3-104].
"Cashier Check" − a check that is the primary obligation of the issuing bank as indicated in Section 4-211 of the Uniform Commercial Code [810 ILCS 5/4-211]. It is drawn by the bank itself and issued by an authorized officer of the bank.
"Certified Check" − a check of a depositor drawn on a bank of which the holder of the check procures certification and the drawer and all prior endorsers are discharged as provided in Section 3-411 of the Uniform Commercial Code [810 ILCS 5/3-411]. The words "accepted or certified" are on the check along with the date and the signature of a bank official.
"Department" − Department of Driver Services of the Office of the Secretary of State.
b) The Department shall accept as security to establish proof of financial responsibility following an accident for purposes of the Illinois Safety and Family Financial Responsibility Law [625 ILCS 5/Ch. 7] the following: certified checks, money orders, bank drafts, cashier checks, surety bonds, and cash. The amount of security required is determined by the Illinois Department of Transportation. The person depositing security shall stipulate on a designated form supplied by the Secretary of State on whose behalf the deposit is made.
c) A surety bond shall not be accepted by the Department as a deposit of security as required by Section 7-201 of the Illinois Safety and Family Financial Responsibility Law [625 ILCS 5] unless the following conditions are met:
1) The form is completed.
2) The surety company is authorized to do business in Illinois or a power of attorney is executed in accordance with Section 7-203 of the Illinois Safety and Family Financial Responsibility Law [625 ILCS 5].
3) The bond specifies whom it is to cover.
4) The signatures are notarized.
5) The bond is accompanied by a power of attorney.
d) If a surety bond is accepted by the Department and the surety company later does not pay a judgment upon demand of the Department, the Department shall not accept any further bonds from the surety company until payment is made.
e) If a surety company has failed and ceased operations by order of a court, the Department shall notify the interested party that the party's driver's license and/or registration shall be suspended in 30 days if the party does not deposit the security required by Section 7-201 of the Illinois Safety Responsibility Law.
f) If a person's security requirement has not been terminated pursuant to Section 7-210 of the Illinois Safety and Family Financial Responsibility Law [625 ILCS 5], that person shall be eligible for termination of suspension once the applicable statute of limitations has expired, regardless of the length of time the suspension has been in effect, provided that no suit or claim for damages or personal injuries is filed and pending, no judgment rendered remains unpaid, proof of financial responsibility for the future is filed with the Department and the required reinstatement fee (see Section 1070.110(h))is paid.
g) All security deposits shall be deposited at the following address: Department of Driver Services, Safety and Financial Responsibility Section, 2701 South Dirksen Parkway, Springfield, IL 62723. No security shall be considered deposited until it is received by the Department at the above mentioned address in one of the above mentioned forms of security specified in subsection (b) of this Section hereof.
**History**
- *Source: Amended at 50 Ill. Reg. 3530, effective February 11, 2026*
## **Chapter II** Secretary of State
### **Part 1070** Illinois Safety Responsibility Law
##### **92 Ill. Adm. Code 1070.20** Future Proof {#sec-1070.20 omnilex-key=us-il-regs-official--title-92--1070.20}
a) For purposes of this Section, the following definitions shall apply:
"Certificate of Insurance" − certificate electronically transmitted to the Secretary of State's Office as proof that the person has purchased financial responsibility insurance as outlined in Section 7-315 of the IVC.
"Department" − Department of Driver Services of the Office of the Secretary of State.
"Financial Responsibility Insurance" − insurance used to establish proof of financial responsibility as established in Sections 7-315 and 7-316 of the IVC.
"Illinois Insurance Guaranty Fund" − Article XXXIV of the Illinois Insurance Code [215 ILCS 5] that deals with disposition of assets following bankruptcy.
"Illinois Vehicle Code" or "Vehicle Code" or "IVC" − 625 ILCS 5.
"Law" – the Illinois Safety and Family Financial Responsibility Law of the Illinois Vehicle Code [625 ILCS 5/Ch. 7].
"Lien" − claim on property of another as security for payment of a just debt.
"Owner's policy" or an "operator's policy" − a policy of liability insurance that is certified pursuant to Section 7-315 or 7-316 of the IVC, comports with Section 1-164.5 of the IVC, and complies with the requirements of Section 7-317(b), (c), (d) and (f) of the IVC.
"Proof of Financial Responsibility for the Future" − ability to respond in damages for any liability resulting from the ownership, maintenance, use or operation of a motor vehicle as provided in Section 1-164.5 of the IVC.
"Real Estate Bond" − proof of financial responsibility filed pursuant to Section 7-320 of the IVC.
"Stock" − proportionate share in ownership of corporation held by individual and that is usually represented by a stock certificate.
"Surety" − a person who is self-designated as liable for another's debts or defaults of obligations.
b) When a person purchases insurance to satisfy proof of financial responsibility for the future, the insurance company shall electronically transmit a certificate of insurance to the Department. The certificate shall contain the insured's name and address, driver's license number, birthdate, current policy number, effective date of the insurance policy, and the name of the insurance company. If the policy is an owner's, rather than operator's policy, it must include the model year, trade name, and identification number of the vehicle. The owner's policy must also conform with the amounts specified in Section 1-164.5 of the IVC.
c) If a person purchases a certificate of insurance to satisfy the requirement of future proof of financial responsibility and the insurance company fails, is no longer in business, ceases operations by order of a court, and the Department is notified by the Illinois Insurance Guaranty Fund of the non-operation of the insurance company, then the Department will notify the person of the non-operation. The person shall have 30 days after notification by the Department to provide a new certificate of insurance or satisfy the future proof requirement by cash or one of the other alternate methods provided in Section 7-314 of the IVC. If a suspension of a driver's license has been entered even though the person has provided future proof of financial responsibility within the 30-day time period, the suspension shall be removed.
d) If a person required to furnish proof of financial responsibility for the future chooses to file a bond pursuant to Section 7-320 of the IVC, and the bond is executed by the person giving the proof and two individual sureties, the following conditions must be met:
1) Each surety must own real estate within the State of Illinois;
2) Each surety must have equity in that real estate in the amount of the bond;
3) The bond must be endorsed by the clerk of the court and approved by a judge as provided in Section 7-320 of the IVC.
e) If any evidence of proof of financial responsibility for the future falls below the amount required as provided in Section 1-164.5 of the IVC, additional evidence shall be required. Cash and securities are deposited with the Illinois State Treasurer and the Treasurer monitors the securities and informs the Department if its value falls below the amount required. A certificate of insurance or bonds, real estate bonds that are without liens, stocks, and cash shall be accepted as evidence to establish the additional required proof of financial responsibility for the future. The additional security shall be sent to the Safety and Financial Responsibility Section, Department of Driver Services, 2701 South Dirksen Parkway, Springfield, Illinois 62723.
f) Whenever any evidence of proof of ability to respond in damages required by the provisions of Section 7-301 of the IVC no longer fulfills the purpose for which required, the Department shall require other evidence of ability to respond in damages, including but not limited to an endorsed certificate of insurance meeting the requirements of Section 1-164.5 of the IVC, bonds, unencumbered real estate bonds, stocks, or cash. The person required to post proof shall have 30 days after notification by the Department to post or submit additional proof. If the person fails to post proof within 30 days, the Secretary of State shall suspend the driver's license, registration certificate, license plates, and registration sticker pending receipt of such proof.
g) Notices of cancellation or termination of the certified policy of insurance proof as required in Sections 7-315 and 7-318 of the IV must be electronically transmitted to the Department in a form and manner satisfactory to the Secretary of State.
h) A notice of cancellation or termination of the certified policy of insurance for nonpayment of premiums shall only be transmitted to the Department after the insured has failed to discharge, on or after the due date, any of the policy-holder's obligations in connection with the payment of premiums, or installments that are payable directly to the insurer, its agent, or a party that has financed the premium. In the event an insurance company violates the provisions of this subsection, the Department shall report that violation to the Illinois Department of Insurance.
**History**
- *Source: Amended at 48 Ill. Reg. 8404, effective May 24, 2024*
##### **92 Ill. Adm. Code 1070.30** Installment Agreements {#sec-1070.30 omnilex-key=us-il-regs-official--title-92--1070.30}
a) An installment agreement shall not be accepted by the Department for purposes of IVC Section 7-208(b) unless the following conditions are met:
1) The installment agreement includes the identity of the parties, date of the accident, location of the accident, how often the payments will be made, the total amount of payments, and to whom the payment will be made.
2) The installment agreement is notarized or witnessed by one person.
3) The acceptance portion of the installment agreement is signed by the interested party or his/her authorized representative.
b) A notice of default on an installment agreement shall not be accepted by the Department for purposes of IVC Section 7-208(c) unless the following conditions are met:
1) The installment agreement is on file with the Department.
2) The notice of default is signed by the person who signed the acceptance portion of the installment agreement.
c) A person who defaults on an installment agreement shall have his/her driver's license and registration or non-residents operating privileges suspended and shall not be restored until one of the conditions in IVC Section 7-208(c) have been met.
d) A person seeking termination of a suspension pursuant to IVC Section 7-208(c)(2) because two years have elapsed since the date of default must file an affidavit for termination of suspension. The affidavit for termination of suspension must be a notarized affidavit from the suspended person stating, to the best of the person's knowledge, the person has not been or is not being sued.
e) A file on an installment agreement following an accident shall be closed by the Department, if the following conditions are met:
1) The agreed time and payment schedule have elapsed.
2) The Department has not been notified of a default.
3) The Department has sent a letter to all interested parties inquiring about the disposition of the agreement allowing the interested parties 2 weeks to reply.
4) The installment agreement was accepted by the Department at least 4 years ago.
**History**
- *Source: Amended at 50 Ill. Reg. 3530, effective February 11, 2026*
##### **92 Ill. Adm. Code 1070.40** Disposition of Security {#sec-1070.40 omnilex-key=us-il-regs-official--title-92--1070.40}
a) For purposes of this Section, the following definitions shall apply:
"Claim" − a demand for something rightfully or allegedly due.
"Claimant" − person or persons making claim.
"Default" − failure to make a payment when due.
"Department" − Department of Driver Services within the Office of the Secretary of State.
"Discharged in Bankruptcy" − a legal order for release from a debt or debts.
"Installment Agreement" − agreement to pay debt in payments pursuant to Section 7-208 of the Illinois Safety and Family Financial Responsibility Law.
"Judgment Creditor" − person who is owed money due to a court judgment in the person's favor.
"Proper Notice" − notice provided by, but not limited to any of the following: Petition in Bankruptcy; Notice of Meeting of Creditors; Schedule A-3 of Schedule of Creditors; Trustee Report of No Assets; Discharge of Bankruptcy; Notice of Automatic Stay; Chapter 13 Wage Earner Plan.
"Release" − to give up or surrender a claim.
"Security" − deposit made to satisfy any potential judgment or judgments for money damages following an accident as provided in Section 7-201 of the Illinois Safety and Family Financial Responsibility Law.
b) If a person has security deposited with the Department and the Department subsequently receives proper notice that the person has filed a petition for bankruptcy, then the Department shall forward the posted security directly to the bankruptcy court for disbursement during the normal course of the bankruptcy proceedings, and so provide notification to the debtor.
c) If a person has security deposited with the Department and the claim for which the security was deposited has been discharged in bankruptcy without proper notice having been provided the Department, then upon application by the depositor, the security shall be refunded to the depositor if the Department receives documentation representing that the claim for which the security was deposited has been discharged, or the bankruptcy court's order of discharge listing the discharged parties and claim.
d) A person posting a security who wishes to have the security released to a party or parties other than himself/herself shall provide to the Department a notarized letter directing payment to the claimants. The person who is to receive the deposit shall send to the Department a notarized release for the amount of the deposit before payment will be made.
e) A security deposit shall be released by the Department after the Department receives a court order directing payment as provided in Section 7-214 of the Illinois Safety and Family Financial Responsibility Law [625 ILCS 5/7-214].
f) If a security deposit is refunded because a person enters into an installment agreement and that person later defaults, the Department shall suspend that person's driving privileges and/or registration until the original amount of security is redeposited or the other requirements set forth in Section 7-208(c) of the Illinois Safety and Family Financial Responsibility Law are met.
g) A security deposit shall be refunded if the Department receives a notice of rescind of certification from the Illinois Department of Transportation, or an order of exoneration from the Secretary of State's Department of Administrative Hearings.
h) A security deposit shall also be refunded if the Department receives a certified court order indicating the security deposit should be refunded because the judgment has been satisfied, the case has been dismissed, or the party posting the security is not liable.
i) A security deposit shall be refunded upon the expiration of the applicable statute of limitations and the Department receives a notarized affidavit from the person depositing the security stating that to the best of the person's knowledge, the person has not been or is not being sued. To verify this, the Department shall send the claimant a letter and give the claimant 2 weeks to respond. If the claimant responds that a lawsuit has not been filed or does not respond, the Department shall close the case and refund the security deposit. If the interested party responds with a copy of the summons and complaint indicating court action has been initiated within the applicable statute of limitations, the security shall not be refunded to the depositor.
j) Upon application by a judgment creditor seeking to obtain a security deposit, the Department shall notify the party who deposited the security or that party's authorized representative of the receipt of the unsatisfied judgment and that the security deposited shall be used toward satisfying the judgment, unless thence notified within 14 days by the party who deposited the security that the judgment has otherwise been satisfied. If no adequate response is obtained from the person who has deposited security, then the Department shall release the deposit to the judgment creditor or the judgment creditor's authorized representative upon receipt of a certified full or partial satisfaction of judgment.
k) If the security deposit so released pursuant to an unsatisfied judgment received by the Department only comprises a partial satisfaction of judgment, the remainder shall be paid by the driver or party posting the deposit or the driver shall be suspended. The driver's driving privileges and vehicle registration shall not be restored until proof of satisfaction of judgment is submitted to the Department and future proof of financial responsibility is filed for judgments in the amount of $500 or more.
l) A surety bond shall be terminated upon the expiration of the applicable statute of limitations, if the Department receives from a person a letter for termination of a surety bond stating that to the best of that person's knowledge the person has not been or is not being sued. To verify this the Department shall send the claimant a letter and give the claimant 2 weeks to respond. If the claimant responds that a lawsuit has not been filed or does not respond, the Department shall terminate the surety bond. If the interested party responds with a copy of the summons and complaint indicating court action has been initiated within the applicable statute of limitations, the surety bond shall not be terminated.
m) If a judgment creditor wishes to obtain a payment from a surety bond to satisfy a judgment, the judgment creditor shall notify the Safety and Financial Responsibility Section of the Department. The Department shall send a letter to the party who purchased the surety bond and the party's authorized representative informing the party that the surety bond shall be used toward satisfying the judgment if the party does not otherwise satisfy the judgment and notify the Department within 14 days after the procedure used to satisfy the judgment. A copy of the letter shall also be sent to the judgment creditor, the judgment creditor's authorized representative, and the surety company. The Department shall thereafter make a demand on the surety company for the bond and send a copy of the letter to the judgment creditor and the judgment creditor's authorized representative. If the surety bond only comprises partial satisfaction of judgment, the remainder shall be paid by the driver or the person who posted the surety bond or the driver's license and/or registration shall be suspended. The driver's driving privileges and/or vehicle registration shall not be restored until proof of satisfaction of judgment is submitted to the Department and future proof of financial responsibility is filed for judgments in the amount of $500 or more.
n) If, after releasing security to a judgment debtor or claimant, the balance of the security posted with the Secretary is $5 or less, the balance shall be transferred to the General Revenue Fund. The Secretary will compile a list of all security amounts of $5 or less annually in July and will certify that amount to the State Comptroller. As soon as possible after receiving the certification, the State Comptroller shall order transferred, and the State Treasurer shall transfer, the amount certified to the General Revenue Fund. [625 ILCS 5/7-214]
**History**
- *Source: Amended at 50 Ill. Reg. 3530, effective February 11, 2026*
## **Chapter II** Secretary of State
### **Part 1070** Illinois Safety Responsibility Law
##### **92 Ill. Adm. Code 1070.50** Failure to Satisfy Judgment {#sec-1070.50 omnilex-key=us-il-regs-official--title-92--1070.50}
a) For purposes of this Section, the following definitions shall apply:
"Department" − Department of Driver Services within the Office of the Secretary of State.
"Foreign Judgment" − means any judgment, decree or order of the court of the United States or of any State or Territory which is entitled to full faith and credit in this state as provided in Section 12-601(a) of the Uniform Enforcement of Foreign Judgments Act. (Ill. Rev. Stat. 1987, ch. 110, par. 12-601(a).)
"Illinois Insurance Guarantee Fund" − section of the Illinois Department of Insurance which deals with disposition of assets following bankruptcy.
"Judgment Debtor" − person who owes money to someone due to court judgment against him/her.
"Secretary of State" − Secretary of State of Illinois.
b) The Secretary of State shall not suspend the driver's license, registration certificates, registration stickers or license plates of a judgment debtor if the conditions set forth in Section 7-303(d) of the Illinois Safety Responsibility Law of the Illinois Vehicle Code and subsections (c) and (d) of this Section have been met.
c) The Department shall accept notification from the Illinois Insurance Guarantee Fund as proof that the judgment debtor was insured by the defunct insurance company at the time of the accident.
d) The Department shall accept a copy of the new policy or letter from the home office of the judgment debtor's new insurance company as proof to establish that in fact the judgment debtor has secured a new liability policy or bond.
e) The Secretary through the Department shall suspend the driving privileges and any vehicle registration of all drivers who have not satisfied a judgment rendered against them as provided in Sections 7-303 and 7-313 of the Illinois Safety Responsibility Law of the Illinois Vehicle Code.
f) The Secretary of State shall suspend a person's driving privileges for failure to satisfy a foreign judgment as provided in Section 7-303 of the Illinois Safety Responsibility Law of the Illinois Vehicle Code. The state in which the foreign judgment was entered shall forward the following information to the Secretary before a suspension will be entered on a person's driving record:
1) a transcript of the proceeding or an unsatisfied judgment form certified by the court entering the judgment, and
2) a suspension notice showing the person is suspended in the order state, and
3) name, address, and date of birth of defendant.
**History**
- *Source: Amended at 14 Ill. Reg. 10107, effective June 12, 1990*
##### **92 Ill. Adm. Code 1070.60** Release from Liability {#sec-1070.60 omnilex-key=us-il-regs-official--title-92--1070.60}
a) For purposes of this Section, the following definitions shall apply:
"Covenant Not to Sue" − a common law action by one who had a right of action against another person whereby he/she agrees not to enforce the right of action.
"Department" − Department of Driver Services within the Office of the Secretary of State.
"Release" − legal document which represents the relinquishment or the giving up of a right or claim by a person to the person against whom it might have been demanded or enforced.
b) A person shall be released from the requirement for the deposit of security required by Section 7-201 of the Illinois Safety Responsibility Law [625 ILCS 5/7-201] if there is satisfactory evidence filed with the Department that the person has been released from liability. Satisfactory evidence shall include the following:
1) A notarized release signed by the interested party or authorized representative.
2) A notarized release signed by the interested party's parent or legal guardian if the interested party is a minor.
3) A notarized release signed by the administrator or executor of the interested party's estate if the interested party is deceased and a certified court order naming the person as administrator or executor of the estate or a notarized affidavit or heirship.
4) A notarized covenant not to sue signed by the interested party or his/her authorized representative.
c) A person shall also be released from the requirements for the deposit of security required by Section 7-201 of the Illinois Safety Responsibility Law if there is satisfactory evidence filed with the Department that there has been a final adjudication of non-liability. Satisfactory evidence shall include a certified court order stipulating that the person otherwise required to deposit security is not liable as a result of the accident.
d) The Department shall also accept a certified copy of a satisfaction of judgment, a judgment note, or a court order dismissing the case because all matters have been settled to release a person of the requirement for the deposit of security required by Section 7-201 of the Illinois Safety Responsibility Law. Evidence of settlement shall also be accepted by the Department in the form of a bill for repair marked paid or a cancelled check(s) indicating full payment.
**History**
- *Source: Amended at 18 Ill. Reg. 10909, effective June 28, 1994*
##### **92 Ill. Adm. Code 1070.70** Incomplete Unsatisfied Judgment {#sec-1070.70 omnilex-key=us-il-regs-official--title-92--1070.70}
a) For purposes of this Section, the following definitions shall apply:
"Department" − Department of Driver Services within the Office of the Secretary of State.
"Judgment Creditor" − person who is owed money due to a court judgment in his/her favor.
"Unsatisfied Judgment" − a court ordered financial obligation to another party which has not been fulfilled.
b) The Department shall not take suspension action on an unsatisfied judgment as requested by the judgment creditor unless the following conditions are met:
1) A form approved by the Department has been completed and submitted to the Department.
2) The form shall be certified by a court of competent jurisdiction.
c) In order to be accepted by the Department and the judgment debtor's driving privileges suspended, the form must contain the case number and the judgment debtor's driver's license number, and/or the judgment debtor's complete name, sex and date of birth. The form must be dated and signed by the court clerk. The attorney for the plaintiff must be identified as well as the court including the address of the court and the attorney. The form must also specify the amount of the judgment, the date the judgment was entered and the date of the accident which resulted in the judgment.
d) If an unsatisfied judgment is not accepted by the Department it shall be sent back to the person/court who forwarded it to the Department.
##### **92 Ill. Adm. Code 1070.75** Post-Unsatisfied Judgment Action {#sec-1070.75 omnilex-key=us-il-regs-official--title-92--1070.75}
a) A Post-Unsatisfied Judgment Action form shall be used to notify the Department
of any of the following actions:
1) Entry of a court order authorizing a defendant to pay an unsatisfied judgment in installment payments pursuant to IVC Section 7-312;
2) Entry of a court order finding the defendant in default of a previously ordered installment agreement entered pursuant to IVC Section 7-312;
3) Entry of a court order vacating an unsatisfied judgment;
4) Filing with the court a satisfaction and release of an unsatisfied judgment.
b) Any Post-Unsatisfied Judgment Action form must be completed in its entirety. Incomplete forms will be returned by the Department to the submitter. A copy of the form may be found in Appendix A.
c) Documentation other than a Post-Unsatisfied Judgment Action form will not be accepted to terminate or impose a driver's license suspension for any of the reasons set forth in subsections (a)(1) through (4).
**History**
- *Source: Added at 42 Ill. Reg. 16552, effective August 23, 2018*
##### **92 Ill. Adm. Code 1070.80** Driver's License Restriction for Exclusive Operation of Commercial Vehicles {#sec-1070.80 omnilex-key=us-il-regs-official--title-92--1070.80}
a) For purposes of this Section, the following definitions shall apply:
"Department" − Department of Driver Services within the Secretary of State's Office.
"Driver Service's Facility Representative" − employees of the Secretary of State.
"Financial Responsibility Filing" − filing with the Secretary of State in accordance with Chapter 7 of the Illinois Safety Responsibility Law of one of the following acceptable forms of security: a certified policy of insurance, cash/securities deposit, and/or a surety bond/real estate bond.
b) If a person is involved in an accident while operating a commercial vehicle in the course of his/her employment and the employer files bankruptcy after a judgment is rendered against both the person and the employer, the person is relieved from the requirements of Chapter 7 of the Illinois Vehicle Code upon acceptable proof the person was operating such commercial vehicle in connection with his/her regular employment or occupation at the time of the accident (P.A 86-549, Section 1, effective January 1, 1990).
**History**
- *Source: Amended at 18 Ill. Reg. 10909, effective June 28, 1994*
##### **92 Ill. Adm. Code 1070.90** Dormant and Dead Judgments {#sec-1070.90 omnilex-key=us-il-regs-official--title-92--1070.90}
a) For purposes of this Section, the following definitions shall apply:
"Dead Judgment" − an unpaid judgment which is twenty (20) years old or more [735 ILCS 5/13-218].
"Debtor" − one who owes a debt.
"Department" − Department of Driver Services within the Office of the Secretary of State.
"Dormant Judgment" − an unpaid judgment which is seven (7) years old or more and has not been revived by petition. [735 ILCS 5/12-108].
"Judgment Creditor" − one who is owed money due to a court judgment in his/her favor and against the debtor.
"Revival of Judgment" − to render enforceable an unpaid dormant judgment by filing a petition for revival.
b) A debtor may request that a suspension on his/her driving record be cleared because the judgment forming the basis for the suspension is dormant. The following documentation shall serve as proof of dormancy:
1) A certified or file stamped copy of a half or docket sheet maintained by the clerk of the court evidencing the fact that seven (7) years have expired from the time the original judgment was rendered and that the judgment has not been revived by petition; or
2) A court order or written verification on official letterhead, by a judge or clerk of the court, that seven (7) years have expired from the time the original judgment was rendered and that the judgment has not been revived by petition; or
3) Written verification on official letterhead, by a judge or clerk of the court, that the required documentation has been destroyed or is not otherwise available and that no records of court show that the judgment has been revived by petition or is in effect.
c) Upon receipt of the required documentation from the debtor, the Safety and Financial Responsibility Section of the Department shall determine if the debtor has filed proof of financial responsibility insurance for three (3) accumulated years in accordance with the Illinois Safety Responsibility Law of the Illinois Vehicle Code [625 ILCS 5/Ch. 7]. If the judgment is under $500.00, proof of financial responsibility insurance is not required.
1) If proof of financial responsibility insurance has been given, the Safety and Financial Responsibility Section shall notify the debtor via letter of the following:
A) Necessary documentation has been received and accepted evidencing the fact that the judgment is dormant and has not been revived by petition;
B) Proof of financial responsibility insurance has been given for three (3) accumulated years; and
C) The suspension will be cleared and made effective a date certain.
2) Carbon copies of the correspondence will be sent to the debtor's attorney.
3) If proof of financial responsibility insurance has not been given and is required (judgment over $500.00), the Safety and Financial Responsibility Section shall notify the debtor via letter of the following:
A) Necessary documentation has been received and accepted evidencing the fact that the judgment is dormant and has not been revived by petition; and
B) Proof of financial responsibility insurance must be given and maintained for three (3) accumulated years. The suspension shall be cleared upon accepting proof of financial responsibility insurance. The suspension shall be closed when three (3) years of financial responsibility insurance have been accumulated.
4) Carbon copies of the correspondence will be sent to the debtor's attorney and the judgment creditor and his/her attorney, if their addresses are on file.
d) A dormant judgment may be revived by petition anytime prior to the expiration of the twenty (20) year limitation period. The following documents shall be considered adequate proof of revival by the judgment creditor:
1) A certified or file stamped order from the court granting the petition for revival; or
2) A certified or file stamped copy of a half or docket sheet maintained by the clerk of the court evidencing the fact the original judgment has been revived by petition; or
3) Written verification on official letterhead by a judge or clerk of the court, that the original judgment has been revived by petition.
e) Upon receipt of the required documentation of the judgment's revival from the judgment creditor, the Safety and Financial Responsibility Section shall notify the judgment creditor and his/her attorney and the debtor and his/her attorney that:
1) Proof of revival has been received and accepted in accordance with subsection (b) above by the Department; and
2) If the original suspension has already been cleared, a new suspension will be entered and made effective a date certain; or
3) If the original suspension has not been cleared, it will remain in effect.
f) All suspensions entered because of unpaid judgments now dead will be removed and terminated from the driver's license file and the files of the Safety and Financial Responsibility Section.
**History**
- *Source: Amended at 18 Ill. Reg. 10909, effective June 28, 1994*
##### **92 Ill. Adm. Code 1070.100** Bankruptcy {#sec-1070.100 omnilex-key=us-il-regs-official--title-92--1070.100}
a) For purposes of this Section, the following definitions shall apply:
"Bankruptcy Debtor" − a debtor under any chapter of the federal Bankruptcy Code.
"Chapter 13 Plan" − an order by a United States Bankruptcy Court requiring a monthly payment from the wages of a debtor.
"Creditor" − a person to whom a debt is owed by another.
"Debtor" − one who owes a debt.
"Deletion of Suspension" − the permanent removal of the suspension from the driving record.
"Department" − Department of Driver Services of the Office of the Secretary of State.
"Discharge in Bankruptcy" − an order by a United States Bankruptcy Court relieving an individual from all of his/her debts which are provable in bankruptcy, except those excluded by the Bankruptcy Code.
"Notice of Automatic Stay" − any notice received by the Department that indicates a debtor has filed a Petition in Bankruptcy, which automatically stays any proceedings against him pursuant to Section 362 of the Bankruptcy Reform Act of 1978 (11 U.S.C. Section 362).
"Notice of Meeting of Creditors" − a notice from the United States Bankruptcy Court informing the entities which have a claim against the debtor that the debtor has filed bankruptcy.
"Petition in Bankruptcy" − a petition filed in Bankruptcy Court, or with the Clerk, by a debtor seeking the protection of the Bankruptcy Code.
"Schedule A-3" − Schedule of Liabilities.
"Termination of Suspension" − a suspension which has ended.
"Trustee Report of No Assets" − a report from the trustee of the United States Bankruptcy Court indicating the debtor has no assets.
b) If a debtor's driving privileges have been or will be suspended because of an unsatisfied judgment or accident pursuant to Section 7-201 of the Illinois Safety Responsibility Law of the Illinois Vehicle Code [625 ILCS 5/ Ch. 7, Art. 2], proper notice to the Department shall result in termination or deletion of the suspension from the driving record. Proper notice shall consist of, but not be limited to, one of the following:
1) Petition in Bankruptcy
2) Notice of Meeting of Creditors
3) Schedule A-3 or Schedule of Creditors
4) Trustee Report of No Assets
5) Discharge in Bankruptcy
6) Notice of Automatic Stay
7) Chapter 13 Wage Earner Plan
c) Any evidence documenting an event prior in time to actual discharge shall be used by the Department to confirm a discharge in bankruptcy has occurred.
d) The suspension shall be terminated and the file closed as of the date the Department receives proper notice. If proper notice is received prior to the suspension date, the pending suspension will be deleted from the driving record.
e) The debtor shall notify the Department if the Petition in Bankruptcy has been dismissed or the debt has been discharged in bankruptcy.
f) A suspension because of an unsatisfied judgment or accident pursuant to Section 7-201 et seq. of the Illinois Safety Responsibility Law of the Illinois Vehicle Code which has been rescinded pursuant to this Section shall be reinstated when:
1) the Petition in Bankruptcy has been dismissed; or
2) the United States Bankruptcy Court orders the debt nondischargeable; or
3) a court of competent jurisdiction enters an order finding the debt upon which the action is based nondischargeable pursuant to applicable sections of 11 U.S.C. Section 523(a) and Bankruptcy Rule 4007 as now or hereafter amended (11 U.S.C. Section 523(a) and Bankruptcy Rule 4007).
**History**
- *Source: Amended at 18 Ill. Reg. 10909, effective June 28, 1994*
##### **92 Ill. Adm. Code 1070.110** Illinois Safety and Family Financial Responsibility Law {#sec-1070.110 omnilex-key=us-il-regs-official--title-92--1070.110}
a) For purposes of this Section, the following definitions shall apply:
"Administrative Order of Support" − an order for the support of dependent children issued by an administrative body of this or any other state.
"Cancellation" − the annulment or termination by formal action of the Secretary of State of a person's Family Financial Responsibility Driving Permit (FFRP) because of some error or defect in the FFRP or because the permittee is in some form of violation of any of the requirements contained in the Illinois Vehicle Code or Illinois Administrative Code.
"Certification" − the electronic transmission to the Department from the Illinois Department of Healthcare and Family Services when a person is 90 days or more delinquent in payment of support under an order of support entered by a court or an administrative body of this or any other state.
"Department" − the Department of Driver Services within the Office of the Secretary of State.
"Department of Healthcare and Family Services" or "HFS" − the Illinois Department of Healthcare and Family Services.
"Family Financial Responsibility Driving Permit" or "FFRP" − a document issued to persons who have had their full driving privileges suspended that grants and specifies limited driving privileges as specified in IVC Section 7-702.1.
"Illinois Vehicle Code", "Vehicle Code" or "IVC" − 625 ILCS 5.
"Invalidation" − to render a license or permit no longer valid for the purpose it was issued, as specified in IVC Section 6-301.3.
"Law Enforcement" − a police officer, sheriff, coroner, municipal prosecutor, or state's attorney.
"Law Enforcement Sworn Report" − a confirmation of correctness and truth by an affidavit, oath or deposition, or a verification by certification, executed by a law enforcement officer, as specified in IVC Section 11-501.1(d) and Section 1-109 of the Code of Civil Procedure [735 ILCS 5/1-109].
"Received by the Department of Administrative Hearings" − a written request for an administrative hearing that is received and date-file stamped at the Department of Administrative Hearings or any formal hearing location .
"Recipient Identification Number" or "RIN" – the file number used by the Department of Healthcare and Family Services to identify child support cases.
"Stay Order" − the temporary suspension of the regular order of proceeding in a cause, by direction or order of the court.
"Visitation Order" – the order of the court involving visitation rights for family members of minor children.
b) Suspension of Driving Privileges
1) The Department shall suspend the driver's license of an obligor, pursuant to IVC Section 7-702(a) or (b), upon receipt of an authenticated report as set forth in IVC Section 7-703. The authenticated report must be on a form prescribed by the Secretary of State and include the obligor's name, address, driver's license number, date of birth and gender, the date and county in which the order was entered, case number, judge's signature, court seal or file stamp, and date certified.
2) The Department shall enter an order of suspension pursuant to IVC Section 7-702(c) upon receipt of certification by HFS that the obligor is 90 days or more delinquent in payment of support under an order of support issued by a court or an administrative body of this or any other state. The certification shall include the obligor's name, address, driver's license number and/or social security number and case number. If the certification does not contain the driver's license number or social security number of the obligor, the certification shall include the obligor's name, date of birth, gender and case number.
3) Any submitted authenticated report or Record of Nonpayment of Court-Ordered Child Support that is defective by not containing sufficient information or that has been completed in error shall not be entered onto the obligor's driving record, but shall be returned to the court of jurisdiction and shall indicate why the order of suspension cannot be entered.
4) Any certification from HFS that contains insufficient data or has been completed in error shall not be entered onto the obligor's driving record, but shall be electronically returned to HFS with an indication as to why the order of suspension cannot be entered.
5) The Department shall suspend the driver's license of an individual, pursuant to IVC Section 7-702(d), upon receipt of an authenticated report as set forth in IVC Section 7-703 that indicates the court has adjudicated the individual as engaging in visitation abuse. The authenticated report must be on a form prescribed by the Secretary of State and include the name, address, driver's license number, date of birth and gender, the date and county in which the order was entered, case number, name of the judge entering the order, court seal or file stamp, and date certified.
c) Termination of Suspension
1) Upon receipt of an authenticated document, in a form approved by the Department, that the obligor is in compliance with a court order of support or that the order has been stayed by subsequent order of the court, the Department shall terminate the suspension. The authenticated document must include the obligor's name, address, driver's license number, date of birth and gender, the date and county in which the order was entered, case number, judge's signature, and court seal or file stamp.
2) Upon receipt of an electronic certification of compliance from HFS when the person has paid the delinquent support in full or has arranged for payment of the delinquent support and current support obligations in a manner satisfactory to HFS. The certification must include the person's name, address, date of birth, gender and RIN.
3) Upon receipt of an authenticated document, in a form approved by the Department, that the individual is in compliance with the visitation order or that the order has been stayed by subsequent order of the court, the Department shall terminate the suspension. The authenticated document must include the individual's name, address, driver's license number, date of birth and gender, the date and county in which the order was entered, case number, name of the judge entering the order, and court seal or file stamp.
d) Family Financial Responsibility Permits (FFRP)
1) The Department shall enter an FFRP pursuant to IVC Section 7-702.1(a) or 7-702.1(a-1) if the following conditions are met:
A) The Department receives a certified court order, on a form prescribed by the Secretary of State, from the court of jurisdiction.
B) The court order includes: obligor's name or the name of the individual violating the visitation order, address, driver's license number, date of birth and gender, date the order was issued, case number, driver's employer and address if applicable, medical or treatment provider and address if applicable, whether the permit allows the driver to seek employment, hours the driver is permitted to operate a vehicle, routes to be traveled, case number, judge's signature, county in which the order was issued, permit type (original, duplicate or renewal), permit expiration date (maximum duration is one year), and court seal or file stamp.
2) The Department shall enter an FFRP pursuant to IVC Section 7-702.1(b) if the following conditions are met:
A) The Department receives an order, on a form prescribed by the Secretary of State, from HFS.
B) The HFS order includes: obligor's name, address, driver's license number, date of birth and gender, date the order was issued, obligor's employer and address if applicable, medical or treatment provider and address if applicable, whether the permit allows the obligor to drive to seek employment, hours the obligor is permitted to operate a vehicle, routes to be traveled, RIN, signature of the HFS representative, county in which the order was issued, permit type (original, duplicate or renewal), permit expiration date (maximum duration is one year), and HFS stamp or seal.
3) Any submitted court or HFS order directing the Department to issue an FFRP that contains insufficient data or fails to comply with any provisions of this Part or IVC Article VII shall not be entered to the obligor's driving record, but shall be returned to the court of jurisdiction or HFS, indicating why the FFRP cannot be issued at that time.
e) Invalidation of FFRP
1) Upon receipt of any of the following documents from a circuit clerk, law enforcement agency or the Department of Administrative Hearings within the Office of the Secretary of State, the Department shall invalidate an FFRP:
A) a copy of a charging document for reckless homicide resulting from operation of a motor vehicle in violation of Section 9-3 of the Criminal Code [720 ILCS 5/9-3], driving under the influence of alcohol and/or other drugs in violation of IVC Section 11-501 or a similar provision of a local ordinance, driving outside of restrictions of permit in violation of IVC Section 6-113(e), leaving the scene of a motor vehicle accident involving death or personal injury in violation of IVC Section 11-401, or street racing in violation of IVC Section 11-506. The law enforcement officer issuing a citation for any of these offenses shall confiscate the FFRP and forward it, along with the citation, to the clerk of the circuit court of the county in which the citation was issued. The circuit clerk shall forward the FFRP and a facsimile of the officer's citation to the Secretary of State as expeditiously as possible; or
B) a report of any disposition of court supervision or conviction for reckless homicide resulting from operation of a motor vehicle in violation of Section 9-3 of the Criminal Code [720 ILCS 5/9-3], driving under the influence of alcohol and/or other drugs in violation of IVC Section 11-501 or a similar provision of a local ordinance, leaving the scene of a motor vehicle accident involving death or personal injury in violation of IVC Section 11-401, or street racing in violation of IVC Section 11-506; or
C) Law Enforcement Officer's Sworn Report.
2) The Department shall invalidate an FFRP, upon receipt of a court order indicating the driver is no longer entitled to the permit, in the same manner that a driver's license may be invalidated.
3) The Department shall invalidate an FFRP if the driver's license expires during the term of the FFRP and the driver does not renew his or her driver's license in the manner set forth in IVC Section 6-115.
4) The Department shall invalidate an FFRP, upon request of HFS, when the obligor has not met the conditions of the issuance of the permit, set forth by HFS. Those conditions include, but are not limited to, maintaining and providing to HFS an employment diary as proof that the FFRP is being used to seek employment. The invalidation request shall be submitted to the Department on a form provided by the Department.
f) Termination of FFRP
1) Upon receipt of authenticated documentation from the court that the driver is in compliance with the court order of support or visitation, or that the order of suspension has been stayed, the Department shall terminate the FFRP.
2) Upon receipt of an electronic certification of compliance from HFS, the Department shall terminate the FFRP. The certification of compliance must include the obligor's name, address, driver's license number, date of birth, gender and RIN.
g) Administrative Hearings
1) The obligor or individual violating the visitation order may make a written request for an administrative hearing to contest the family financial responsibility suspension of his or her driver's license, pursuant to IVC Section 2-118.
2) If the Department of Administrative Hearings of the Secretary of State receives a written hearing request by the obligor or individual violating the visitation order, in a manner and form approved by the Secretary of State, prior to the effective date of the family financial responsibility suspension, the Department shall stay the suspension in accordance with IVC Section 7-706.
h) Fees. The Department shall collect a driver's license reinstatement fee as prescribed by IVC Sections 6-118 and 7-707. A reinstatement fee shall be charged for each suspension entered pursuant to IVC Section 7-702. No reinstatement fee shall be charged for individuals suspended pursuant to IVC Section 7-702(d).
**History**
- *Source: Amended at 38 Ill. Reg. 20054, effective October 1, 2014*
##### **92 Ill. Adm. Code 1070.120** Nonresidents and Former Residents; When Proof Not Required {#sec-1070.120 omnilex-key=us-il-regs-official--title-92--1070.120}
a) Any nonresident or former Illinois resident who has met all requirements for reinstatement of his/her driving or registration privileges except for filing proof of financial responsibility, resides outside of Illinois, and has applied for a driver's license in another state, shall be released from the requirement of showing proof of financial responsibility in this State if he or she presents to the Secretary of State an affidavit of out-of-state residency.
b) Any nonresident or former Illinois resident whose driver's license was revoked and who has met all requirements for applying for driving privileges except for filing proof of financial responsibility under IVC Chapter 7, resides outside of Illinois, and has applied for a driver's license in another state, shall be released from the requirement of showing proof of financial responsibility in this State if he/she presents to the Secretary of State an affidavit of out-of-state residency.
c) If a nonresident or former Illinois resident released from the requirement of showing proof of financial responsibility in Illinois under subsection (a) or subsection (b) moves or returns to Illinois within 3 years after the date of release, he/she must present to the Secretary of State proof of insurance coverage during the period in which the person resided outside of Illinois. This proof may be a copy of the individual's insurance card, copy of the insurance declaration page or a letter from the insurance company indicating insurance coverage. Any person who fails to present the required proof may not be issued a driver's license until he/she presents proof of financial responsibility that is satisfactory under IVC Chapter 7. The proof of financial responsibility required under this subsection (c) must be shown or maintained for the period of time required under IVC Chapter 7.
d) The affidavit of out-of-state residency must include the following:
1) The name and new address of the former Illinois resident. The new address must be in a state other than Illinois.
2) The date of birth, the last four digits of the social security number and signature of the individual.
3) A statement affirming that the individual is no longer a resident of the State of Illinois and a request that the requirement to file proof of financial responsibility in Illinois, as outlined in IVC Section 7-316.1, be waived.
e) Any nonresident or former Illinois resident who has submitted satisfactory documentation to the Secretary of State to be released of showing proof of financial responsibility in this State shall have his or her Illinois license cancelled 60 days after acceptance of the affidavit of out-of-state residency, as provided in IVC Section 6-201(a)15. [625 ILCS 5/7-316.1(b-5)]
**History**
- *Source: Amended at 38 Ill. Reg. 6119, effective February 27, 2014*
##### **92 Ill. Adm. Code 1070.Appendix** A Post-Unsatisfied Judgment Action Form {#sec-1070.appendix omnilex-key=us-il-regs-official--title-92--1070.Appendix}
**History**
- *Source: Added at 42 Ill. Reg. 16552, effective August 23, 2018*
## **Chapter II** Secretary of State
### **Part 1080** Motor Vehicles Used in Transporting Passengers
##### **92 Ill. Adm. Code 1080.10** Self-Insurers for Vehicles Transporting Passengers for Hire {#sec-1080.10 omnilex-key=us-il-regs-official--title-92--1080.10}
Proof of financial responsibility required by Sec. 8-101 of Illinois Vehicle Code (I.V.C.) may also be given by filing a certificate of self-insurance issued under Sec. 7-502 of the I.V.C.
##### **92 Ill. Adm. Code 1080.20** Display of Financial Responsibility Certificate {#sec-1080.20 omnilex-key=us-il-regs-official--title-92--1080.20}
The certificate issued by the Secretary of State verifying that the person operating the motor vehicle has properly filed proof of financial responsibility shall be affixed upon a window of the motor vehicle for which issued as follows:
a) The right rear windshield, or
b) The window of the right rear door, or
c) Upon the bullet proof shield between the driver and the passenger area, and
in such a manner that any passenger may verify the presence of the certificate.
### **Part 1090** For Rent Vehicles for-Hire
##### **92 Ill. Adm. Code 1090.10** Self-Insurers of Vehicles for Rent {#sec-1090.10 omnilex-key=us-il-regs-official--title-92--1090.10}
Proof of financial responsibility required by Sec. 9-101 of The Illinois Vehicle Code (I.V.C.) may also be given by filing a certificate of self-insurance issued under Sec. 7-502 of The I.V.C.
##### **92 Ill. Adm. Code 1100.5** Definitions {#sec-1100.5 omnilex-key=us-il-regs-official--title-92--1100.5}
"Affirmation by an authorized agent" means the agent for a corporation, school district or special education cooperative attests that the individuals being transported are qualified under IVC Section 1-159.1 and are permanently disabled (i.e., indefinitely subject to a physical disability or a developmental disability as defined in Section 4A(a) of the Illinois Identification Card Act [15 ILCS 335/4A(a)]).
"Authorized holder" means an individual issued a person with disabilities license plate under IVC Section 3-616 or 3-609(a), or an individual issued a person-with-disabilities parking decal or device under IVC Section 11-1301.2.
"Competent medical specialist" means a person affirming that the applicant for a person-with-disabilities license plate or decal or device is a disabled person in accordance with IVC Section 1-159.1. This person shall be licensed under the Medical Practice Act of 1987 [225 ILCS 60], or similar law of another jurisdiction, or a person specified in the Illinois Identification Card Act [15 ILCS 335/4(b)] and the Illinois Vehicle Code. [625 ILCS 5/3-616(a)]
"Decal or device" means a placard described in Section 1100.10(a) that, when displayed in a vehicle, authorizes the parking of the vehicle in parking spaces reserved for the disabled, and authorizes other parking privileges as outlined in IVC Sections 11-1301.1 and 11-1301.2. "Decal or device" does not mean a sticker with adhesive backing which is permanently affixed to the vehicle.
"DFPR" means the Illinois Department of Financial and Professional Regulation.
"False information" means any incorrect or inaccurate information concerning the name, date of birth, social security number, driver's license number, physician certification, or any other information required on the application for a person-with-disabilities license plate or parking decal or device that falsifies the content of the application.
"Fictitious person with disabilities license plate or parking decal or device" means any person with disabilities license plate or parking decal or device that has been issued by the Secretary or authorized unit of local government that was issued based upon false information contained on the required application.
"Fraudulent person with disabilities license plate or parking decal or device" means any person with disabilities license plate or parking decal or device that purports to be an official person with disabilities license plate or parking decal or device and has not been issued by the Secretary or an authorized unit of local government.
"IVC" means the Illinois Vehicle Code [625 ILCS 5].
"Metered-exempt decal or device", as that term is used in IVC Section 11-1301.2, means a decal or device that is issued by the Secretary to a natural person who, as determined by a licensed physician, physician assistant or advanced practice nurse, meets the criteria established under IVC Section 11-1301.2(c-5).
"Permanent disability" means a disability that affects an individual indefinitely as defined in the Illinois Identification Card Act [15 ILCS 335/4A].
"Person with disabilities" means a natural person who, as determined by a licensed physician: cannot walk 200 feet without stopping to rest; cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device; is restricted by lung disease to such an extent that the person's forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than 60 mmhg on room air at rest; uses portable oxygen; has a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV, according to standards set by the American Heart Association (Classification of Functional Capacity and Objective Assessment of Patients with Diseases of the Heart, 7272 Greenville Avenue, Dallas, Texas, effective March 4, 1994, no subsequent dates and editions); or is severely limited in the person's ability to walk due to an arthritic, neurological, oncological or orthopedic condition.
"Secretary" means the Illinois Secretary of State.
"Temporary disability" means a disability that lasts up to six months and is not permanent in nature.
"Unlawfully altered person with disabilities license plate or parking decal or device" means any person with disabilities license plate or parking decal or device issued by the Secretary or authorized unit of local government that has been physically altered or changed in such a manner that false information, which may include, but shall not be limited to, incorrect expiration date or incorrect decal or device number, appears on the license plate or parking decal or device.
"While the person with disabilities is present", as that term is used in IVC Section 11-1301.1, means that the person with disabilities must either exit or enter the vehicle while the vehicle is parked in a designated person with disabilities parking area or in an area where parking meter time restrictions are waived. In other words, an able-bodied driver cannot drop off the person with disabilities at the entrance to a facility, park in a person with disabilities parking space, and then return to pick up the person with disabilities.
**History**
- *Source: Amended at 50 Ill. Reg. 3541, effective February 11, 2026*
##### **92 Ill. Adm. Code 1100.10** Application Procedures for Plates and Decals or Devices {#sec-1100.10 omnilex-key=us-il-regs-official--title-92--1100.10}
a) If a person wishes to apply for a person with disabilities license plate, the person must be a resident of the State of Illinois and shall submit the following to the Secretary:
1) The certification on a form prescribed by the Secretary completed by the competent medical specialist and the applicant, including an Illinois Identification Card number or a State of Illinois driver's license number or, if the applicant does not have an identification card or driver's license number, then the applicant may use a valid identification number issued by a branch of the U.S. military or a federally issued Medicare or Medicaid identification number; [625 ILCS 5/11-1301.2]
2) The current registration card or a copy of the title if the vehicle is registered in the applicant's name or the title or the manufacturer's certificate of origin if the vehicle is not registered in the applicant's name; and
3) The application form prescribed by the Secretary and statutory fee as provided for in IVC Section 3-806.
b) If a person wishes to apply for a person with disabilities parking decal or device, the person must be a resident of the State of Illinois and shall submit the following to the Secretary or authorized unit of local government:
1) The certification form completed by the competent medical specialist and applicant, including an Illinois Identification Card number or a State of Illinois driver's license number or, if the applicant does not have an identification card or driver's license number, then the applicant may use a valid identification number issued by a branch of the U.S. military or a federally issued Medicare or Medicaid identification number;[625 ILCS 5/11-1301.2
2) Proof that:
A) the applicant has been issued a disabled veteran identification card or person with a disability identification card and has a certification form on file; or
B) the person has an Illinois Person with a Disability Identification Card with a 1A or 2A classification as provided in Section 4A of the Illinois Identification Card Act; or
3) If a person with a disability has neither a vehicle registered in that person's name nor a valid form of identification, as required under subsections (a) and (b), the identification card number of the parent or legal guardian may be submitted.
c) The physician certification form shall contain the following items:
1) The definition of a "person with disabilities" as outlined in IVC Section 1-159.1 and contained in Section 1100.5 of this Part and the requirements for an applicant to qualify for the metered-exempt parking decal or device set forth in IVC Section 11-1301.2(c-5);
2) An indication from the competent medical specialist as to the qualifying disability;
3) An indication from the competent medical specialist whether the disability is permanent or temporary. If temporary, the competent medical specialist must also indicate the anticipated duration of the disability (not to exceed 6 months). If the disability is permanent, the competent medical specialist must indicate whether the applicant meets the medical conditions required by IVC Section 1-159.1 for a metered-exempt parking decal or device;
4) The certifying competent medical specialist's name, address, telephone number, professional license number and signature;
5) The applicant's name, address, telephone number, social security number and driver's license number, State identification number, or other acceptable form of identification authorized under this Section;
6) The plate number for the one or two primary vehicles used to transport the person with disabilities; and
7) The name, address, phone number, relationship to the disabled individual, and signature of the family member who is the owner of the vehicle upon which the person with disabilities relies for transportation, and that the disabled individual does not own a vehicle, if the vehicle is not owned by the applicant having the disability.
**History**
- *Source: Amended at 50 Ill. Reg. 3541, effective February 11, 2026*
## **Chapter II** Secretary of State
### **Part 1100** Rules of the Road - Persons with Disabilities Parking Program
##### **92 Ill. Adm. Code 1100.15** Authorized Issuing Agents for Person with Disabilities Parking Decals or Devices {#sec-1100.15 omnilex-key=us-il-regs-official--title-92--1100.15}
a) The Secretary shall be the only authorized agent to issue person with disabilities permanent parking decals or devices. Additionally, the Secretary shall be the only authorized agent permitted to issue metered-exempt parking decals or devices.
b) Person with disabilities temporary parking decals or devices may be issued by:
1) Units of local government following the guidelines established by the IVC; or
2) The Secretary.
**History**
- *Source: Amended at 37 Ill. Reg. 19866, effective November 27, 2013*
##### **92 Ill. Adm. Code 1100.20** Person with Disabilities Parking Decals or Devices {#sec-1100.20 omnilex-key=us-il-regs-official--title-92--1100.20}
a) The decals or devices issued by State and local authorities according to the provisions of IVC Section 11-1301.2 shall be the following size, color, design, duration and placement.
1) Size − 3" x 9½".
2) Color − Permanent, metered-exempt, and temporary decals or devices shall be of differing distinctive and contrasting colors.
3) Design, Placement, Manufacturing − The decal or device shall contain the international symbol of access, the registration number, the expiration date, and the name of the issuing agent. Decals shall be placed on the rearview mirror of the vehicle while the vehicle is parked in the person with disabilities parking space or metered space, and shall be removed while the vehicle is in motion. If the person is incapable of putting the decal or device on the rearview mirror because of the person's physical disability, the decal or device may be placed on the dashboard of the car in clear view.
4) Duration of the Temporary Decal or Device − Secretary Issue: Temporary decals or devices provided by the Secretary shall be issued to individuals whose disability is temporary in nature. The temporary decal or device shall be issued for the time specified by the physician certification, but shall not exceed six months. Recertification of disability is required upon application for renewal.
5) Duration of Temporary Decal or Device − Unit of Local Government Issue: Temporary decals or devices provided by units of local government shall be issued to individuals whose disability is temporary in nature. The temporary decal or device shall be issued for the time specified by the physician certification, but shall not exceed 90 days. Recertification of disability is required upon application for renewal.
6) Duration of Permanent Decal: The permanent decals or devices shall expire every five years. A physician's certification of the permanent disability is required for renewal of permanent decals or devices.
b) The vehicle in which the disabled parking decal or device is displayed need not bear Illinois registration plates. However, the vehicle's registration plates must be valid and issued in accordance with the individual's ruling state/jurisdiction.
c) A vehicle displaying disabled plates issued under IVC Section 3-609(a) or 3-616 that has also been issued a metered-exempt parking decal or device must display the metered-exempt parking decal or device while parked at a meter to avoid paying the meter.
**History**
- *Source: Amended at 50 Ill. Reg. 3541, effective February 11, 2026*
## **Chapter II** Secretary of State
### **Part 1100** Rules of the Road - Persons with Disabilities Parking Program
##### **92 Ill. Adm. Code 1100.25** Random Professional License Number Checks with the Department of Financial and Professional Regulation {#sec-1100.25 omnilex-key=us-il-regs-official--title-92--1100.25}
a) At least once every six months, the Secretary shall pull at random applications for person with disabilities license plates or decals or devices. DFPR shall verify that the name of the competent medical specialist certifying to the disability matches the licensing number listed on the application form, and that the competent medical specialist is licensed by DFPR under that licensure number. DFPR shall notify the Secretary of State of the results of the match.
b) In the instance that DFPR finds that a competent medical specialist is not licensed by DFPR under the licensure number listed on the application, the Secretary shall begin proceedings for the revocation of plates or decals or devices outlined in Section 1100.35.
**History**
- *Source: Amended at 37 Ill. Reg. 19866, effective November 27, 2013*
##### **92 Ill. Adm. Code 1100.30** Corporations, School Districts and Special Education Cooperatives {#sec-1100.30 omnilex-key=us-il-regs-official--title-92--1100.30}
a) Corporations, school districts and special education cooperatives may apply for either a person with disabilities license plate and/or decal or device providing the corporation, school district and special education cooperative is not already registered pursuant to IVC Sections 1-142.1, 8-101, 8-101.1 and 3-412(J). If a vehicle is used to transport persons with disabilities for compensation, appropriate plates must be issued in accordance with the IVC Sections cited in this subsection (a).
b) The vehicle must be used primarily (more than 60% of the time) for the transportation of permanently disabled persons to be registered with a person with disabilities license plate. If the vehicle is used only occasionally for the transportation of persons with disabilities, a decal or device shall be used.
c) Duration of the decal or device: The permanent decals or devices shall expire every four years. An affirmation of the transportation of the persons with permanent disabilities shall be required upon the renewal of the permanent decal or device and/or plate.
**History**
- *Source: Amended at 37 Ill. Reg. 19866, effective November 27, 2013*
##### **92 Ill. Adm. Code 1100.35** Revocation of Plates and Decals or Devices {#sec-1100.35 omnilex-key=us-il-regs-official--title-92--1100.35}
a) Upon receipt of a written complaint that a person with disabilities plate or decal or device is being used by a person not entitled to the plate, decal or device, the Secretary shall attempt to verify the license plate or decal or device owner's eligibility for the plate or decal or device.
b) In determining eligibility, the Secretary shall notify the license plate or decal or device owner that the complaint has been received regarding the misuse of the license plate or decal or device. If the complaint is related to a metered-exempt parking decal or device, the Secretary shall also request that the license plate or decal or device owner submit an updated certification by a competent medical specialist that the owner is disabled as defined by IVC Section 11-1301.2(c-5) and Section 1100.5 of this Part.
1) If the competent medical specialist chosen by the license plate/decal or device owner indicates on the certification form that the owner does not have a qualifying disability, the person with disabilities license plate and/or decal or device shall be revoked in accordance with IVC Section 3-704(a)(11).
2) If the competent medical specialist indicates that the disability is temporary in nature, not permanent, the license plate and/or permanent decal or device shall be revoked in accordance with IVC Section 3-704(a)(11). Upon revocation of the permanent decal or device, a temporary decal or device shall be issued according to the guidelines outlined in Section 1100.20.
3) If the competent medical specialist affirms that the individual has a permanent qualifying disability, no revocation action shall be taken.
4) If the competent medical specialist fails to submit an updated certification, the person-with-disabilities license plate and/or decal or device shall be revoked in accordance with IVC Section 3-704(a)(11).
c) Under authority granted in IVC Section 3-704(a)(11), person with disabilities license plates and decals or devices shall be revoked if determined to be issued to a person who is not disabled or determined to be used in an unlawful manner as outlined in IVC Section 11-1301.5 or 11-1301.6. The sources of acceptable proof of the offenses described in this Section are court documents, Department of Vehicle Services applications, Department of Driver Services facility applications, government entity documents, and law enforcement correspondence/reports.
d) If a person with disabilities license plate is revoked, a passenger plate (or other appropriate license plate) shall be issued.
e) Any person whose person with disabilities parking plate or decal is revoked may request a hearing to be conducted pursuant to 92 Ill. Adm. Code 1001, Subpart A or Subpart C, as the person may choose.
**History**
- *Source: Amended at 37 Ill. Reg. 19866, effective November 27, 2013*
##### **92 Ill. Adm. Code 1100.40** Revocation Authority for Plates and Decals or Devices (repealed) {#sec-1100.40 omnilex-key=us-il-regs-official--title-92--1100.40}
**History**
- *Source: Repealed at 37 Ill. Reg. 19866, effective November 27, 2013*
##### **92 Ill. Adm. Code 1100.50** Extension of Expiration Dates {#sec-1100.50 omnilex-key=us-il-regs-official--title-92--1100.50}
Pursuant to the powers vested in him or her by Public Act 101-640, the Secretary of State hereby extends for the duration of the disaster proclaimed by the Governor in Gubernatorial Proclamation number 2020-038 issued on March 9, 2020, as extended by subsequent disaster proclamations, and for a period of 100 days thereafter, the expiration dates of any person with disabilities motorist decal or device issued pursuant to Section 11-1301.2 of the Illinois Vehicle Code, which was expired as of the last day of the proclaimed disaster, and those that expire within the first 60 days following the last day of the proclaimed disaster.
**History**
- *Source: Added at 44 Ill. Reg. 18742, effective November 13, 2020*
### **Part 1150** Parking Agreements at Secretary of State Facilities
##### **92 Ill. Adm. Code 1150.10** Definitions {#sec-1150.10 omnilex-key=us-il-regs-official--title-92--1150.10}
For purposes of this Part, the following definitions shall apply:
"Facility" – a facility that is owned by the Secretary of State.
"Lessee" – a public or private entity or individual requesting to lease parking space or spaces at a Secretary of State facility.
"Secretary" – the Secretary of State of Illinois or his or her designee.
##### **92 Ill. Adm. Code 1150.20** Leasing of Parking Spaces {#sec-1150.20 omnilex-key=us-il-regs-official--title-92--1150.20}
a) To lease a parking space or spaces at a facility, the lessee must obtain a signed "lease" from the Secretary that stipulates the following terms:
1) General:
A) The effective dates of the lease;
B) A description of the property to be covered under the terms of the lease;
C) An agreed-upon reasonable lease fee to be paid to the Secretary in consideration for use of the designated property;
D) Should the lessee or the Secretary wish to terminate the lease for any reason prior to the expiration date, the lessee or the Secretary must be notified 30 days prior to the lease's termination;
E) During the term of the lease, the lessee shall not utilize, make alterations to, further sublet, or in other ways legally encumber the designated parking spaces or parts of a parking space so as to interfere with the intended use of the property;
F) The lessee agrees to hold harmless and indemnify the State of Illinois and its agents, and the Secretary and/or his or her employees, from any and all claims, demands, liabilities, judgments and executions that may arise as a direct or indirect result of any such lease or actions taken in reliance on that lease;
G) The Secretary in no way implies or assures through the execution of any such lease, or confers upon the designated property, the legal status of invitee to whom a duty of care is owed, or assumes liability responsibility for injury to person/property caused through parking at the designated property.
b) No parking space shall be leased to an entity or individual if the leasing interferes with the operational needs of the Secretary. The Secretary shall determine, on a case by case basis, whether the lease would interfere with the daily operations of the Secretary.
## **Chapter III** Illinois Commerce Commission
### **Subchapter a** Commercial Transportation Generally
#### **Part 1201** General Filing Requirements
##### **92 Ill. Adm. Code 1201.10** Number of Copies to Be Filed Generally {#sec-1201.10 omnilex-key=us-il-regs-official--title-92--1201.10}
Where a document or form (other than a "pleading" as defined in Rules of Practice, 83 Ill. Adm. Code 200) is required to be filed with the Illinois Commerce Commission under the provisions of 92 Ill. Adm. Code: Chapter III, the original and two copies must be filed, unless the document or form is being filed by a motor carrier of passengers or a rail carrier.
##### **92 Ill. Adm. Code 1201.20** Filings by Motor Carriers of Passengers and Rail Carriers {#sec-1201.20 omnilex-key=us-il-regs-official--title-92--1201.20}
When a motor carrier of passengers or a rail carrier is required to file a document or form (other than a "pleading" as defined in Rules of Practice, 83 Ill. Adm. Code 200) under the provisions of 92 Ill. Adm. Code: Chapter III, only the original must be filed.
#### **Part 1202** Applications
##### **92 Ill. Adm. Code 1202.10** Application for Permanent Authority {#sec-1202.10 omnilex-key=us-il-regs-official--title-92--1202.10}
a) Application for permanent authority shall be filed on forms provided by the Commission and must be accompanied by the following:
1) The required fee specified in 92 Ill. Adm. Code 1205;
2) The names and addresses of all shippers who intend to support the application;
3) All supporting documents, except as provided in subsection (c) below must be completed when filed; and
4) If an Illinois corporation, a copy of the articles of incorporation, or the certificate of authority to do business in Illinois if a foreign corporation.
b) Any application received which is not completed or which is not accompanied by the items specified in subsections (1) through (4) above shall be returned to the applicant.
c) Completed shipper support statements (Supporting Document SS) may either be filed with the application or at least 10 days prior to the date of the hearing on the application in accordance with the provisions of Section 18c-4201(4) of the Illinois Commercial Transportation Law (the Law) (Ill. Rev. Stat. 1989, ch. 95½, par. 18c-1101 et seq.). No shipper support statement will be accepted unless the shipper is named in the application as provided by subsection (a)(2) above.
d) Permanent authority shall not be granted unless the application and the evidence presented at hearing demonstrate that a public need exists for the requested service and that the applicant is fit, willing and able to provide the service requested.
e) Fitness shall be determined in accordance with the provisions of 92 Ill. Adm. Code 1304: Motor Carrier of Property Fitness Standards.
f) In determining whether a public need exists for the requested service the Commission shall consider:
1) Whether the applicant has sufficient shipper support to establish a public need for the transportation of the commodities and territory requested.
2) Whether supporting shippers have made a bona fide attempt to obtain service from existing authorized carriers.
3) Whether supporting shippers have experienced service failures, within the calendar year preceding application, which warrant the addition of new service.
4) Whether the supporting shippers provide evidence of a clear intent to use the applicant's services to the extent specified in the Shipper Support Statement.
5) Whether the testimony of supporting shippers demonstrates a need for the applicant's services as a means of meeting requirements of state or federal law, or local ordinances, for use of "minority owned businesses" or "female owned businesses" which need is not being met by existing authorized carriers. "Minority owned businesses" and "female owned businesses" shall be those so certified by a state agency, state university, or the Minority and Female Business Enterprise Council in accordance with the provisions of the Illinois Minority and Female Business Enterprise Act (Ill. Rev. Stat. 1989, ch. 127, pars. 132.600 et seq.).
**History**
- *Source: Amended at 15 Ill. Reg. 17568, effective December 1, 1991*
##### **92 Ill. Adm. Code 1202.20** Notice of Application for Permanent Authority {#sec-1202.20 omnilex-key=us-il-regs-official--title-92--1202.20}
a) When public notice of an application is required by the Law, notice shall be given by publication in the "official newspaper" designated by the Department of Central Management Services pursuant to Section 4 of The Illinois Purchasing Act (Ill. Rev. Stat. 1989, ch. 127, par. 132.4). The notice must state the docket number assigned by the Commission and must be on the publication of notice form provided by the Commission.
b) An applicant shall be directed to republish notice of an application when the original publication failed to give notice to the public of the nature and extent of the proposed operations or when the publication was not in compliance with this Section.
c) Each applicant shall obtain from the official newspaper a certificate of publication certifying that the notice has been published and showing the contents of the notice and the date of publication. The applicant shall file the certificate with the Commission. A hearing on the application shall not commence until the certificate of publication has been filed.
**History**
- *Source: Amended at 15 Ill. Reg. 17568, effective December 1, 1991*
##### **92 Ill. Adm. Code 1202.30** Petitions for Leave to Intervene {#sec-1202.30 omnilex-key=us-il-regs-official--title-92--1202.30}
a) Petitions for leave to intervene in opposition to applications under the Law must be filed within 15 days after the publication of the notice of application.
b) The petition must allege facts that show that:
1) the petition is filed within 15 days after the publication of the notice of application, and
2) the petitioner has standing to intervene pursuant to Section 18c-2106 of the Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-2106).
c) A petition to intervene shall be granted when the petition is filed within 15 days of the publication of notice of application and the petitioner has standing to intervene pursuant to Section 18c-2106 of the Law.
##### **92 Ill. Adm. Code 1202.40** Temporary Motor Carrier of Property License Application {#sec-1202.40 omnilex-key=us-il-regs-official--title-92--1202.40}
a) Public notice of application for temporary authority shall be published in the official state newspaper and the Certificate of Publication must be received by the Commission no more than 30 days after the application has been filed. The published notice must include the docket number assigned to the application by the Commission.
b) An application for temporary authority cannot be filed unless an application for permanent authority has been filed or is filed concurrently with the application for temporary authority.
c) Applications for temporary authority must also be accompanied by the following:
1) the required fee specified in 92 Ill. Adm. Code 1205; and
2) all Shipper Support Statements (Supporting Document SS).
d) Applications received by the Commission which have not been completed or which are not in accordance with (b) and (c), above, shall be returned to the applicant.
e) Temporary authority shall not be granted unless the application provides evidence that substantial economic harm will result to the supporting shipper or shippers if the temporary authority is not granted. In determining whether substantial economic harm will result the Commission shall consider:
1) the supporting shipper's ability to obtain the needed service from an existing carrier or carriers;
2) whether failure to grant the temporary authority will result in the shipper's loss of a customer or customers, or in a significant loss of business;
3) whether a layoff from the shipper's workforce will result if the temporary authority is not granted; and
4) any other factor(s) which is material and relevant.
f) The commodities and territory requested in an application for temporary authority must be supported in the accompanying shipper statement or statements.
g) The applicant shall have 60 days from the issuance of the order granting a temporary authority to file the following with the Commission:
1) rates applicable to the full extent of the grant of temporary authority;
2) contracts, if a contract carrier;
3) proof of liability insurance, and any cargo and COD affidavits or bonds/insurance required; and
4) payment of franchise fees for each truck to be operated under the temporary authority.
h) Failure to submit the above within the specified 60 day period will result in the order granting the temporary authority being vacated and the application being dismissed.
i) A temporary authority shall be valid for 90 days after the service date of the order granting or denying permanent authority.
**History**
- *Source: Added at 15 Ill. Reg. 17568, effective December 1, 1991*
##### **92 Ill. Adm. Code 1202.50** Emergency Temporary Motor Carrier of Property License Application {#sec-1202.50 omnilex-key=us-il-regs-official--title-92--1202.50}
a) Applications for emergency temporary authority shall be filed on forms provided by the Commission and shall be accompanied by:
1) the required fee specified in 92 Ill. Adm. Code 1205; and
2) evidence that an urgent and immediate public need exists for the requested service.
b) Applications received which have not been completed or which are not accompanied by (1) and (2) above shall be returned to the applicant.
c) Applications for emergency temporary authority shall not be granted unless the application demonstrates that there is an urgent and immediate need for the authority requested. An urgent and immediate need shall exist if a natural disaster, or other circumstance, has created a need for transportation service which would not exist in the absence of such disaster or circumstance.
**History**
- *Source: Amended at 15 Ill. Reg. 17568, effective December 1, 1991*
##### **92 Ill. Adm. Code 1202.60** Application for Temporary Public Carrier Certificate {#sec-1202.60 omnilex-key=us-il-regs-official--title-92--1202.60}
After January 1, 1995, motor carriers of property other than household goods shall file an application with the Commission for a Temporary Public Carrier Certificate. The application shall be on forms provided by the Commission, and shall be accompanied by the required fee set forth in 92 Ill. Adm. Code 1205.10. Upon determination that the applicant is in compliance with the requirements of 92 Ill. Adm. Code 1425 applicable to insurance, and that the applicant has paid all required per vehicle and filing fees, the Commission shall issue a Temporary Public Carrier Certificate authorizing the applicant to engage in for-hire transportation of property in intrastate commerce in Illinois.
**History**
- *Source: Added at 19 Ill. Reg. 8195, effective June 8, 1995*
#### **Part 1203** Employee Boards
##### **92 Ill. Adm. Code 1203.10** Reservation of Powers to the Commission {#sec-1203.10 omnilex-key=us-il-regs-official--title-92--1203.10}
The Commission reserves to itself for consideration and disposition:
a) All rulemaking proceedings;
b) All cases involving general rate increases;
c) Appeals from employee board orders; and
c) All other proceedings not specifically delegated by the Commission to the Board.
##### **92 Ill. Adm. Code 1203.20** Employee Board Meetings {#sec-1203.20 omnilex-key=us-il-regs-official--title-92--1203.20}
a) All board meetings are public meetings. Board meetings shall be conducted, and employee boards shall decide cases before them, in the same manner as meetings are conducted and decisions made by the Commission. A majority of a board shall constitute a quorum for the transaction of business.
b) Minutes of board meetings shall be retained and shall include the date, time and place of the meeting; the members of the board recorded as present or absent; and a general description of all matters proposed, discussed or decided, and a record of any votes taken (Ill. Rev. Stat. 1985, ch. 102, par. 42.06). Minutes shall be prepared by the Board Secretary and shall be kept available for public inspection (See Illinois Freedom of Information Act, Ill. Rev. Stat. 1985, ch. 116, pars. 201 et seq.).
c) To the extent that there are matters for a board's consideration, the board shall meet weekly at designated times in the Commission offices in Springfield.
##### **92 Ill. Adm. Code 1203.30** Notice of Employee Board Meetings {#sec-1203.30 omnilex-key=us-il-regs-official--title-92--1203.30}
a) A board shall give public notice of the schedule of its regular meetings at the beginning of each calendar year. This notice shall contain the dates, times and places of each meeting. Public notice of any special meeting, rescheduled regular meeting, or of any reconvened meeting shall be given at least 24 hours before such meeting which notice shall also include the agenda for the meeting. The public notice requirement for reconvened meetings shall not apply where the meeting is reconvened within 24 hours or an announcement of the time and place of the reconvened meeting was made at the original meeting and there is no change in the agency (Ill. Rev. Stat. 1985, ch. 102, par. 42.02).
b) The agenda for the regular meetings of a board shall be posted in an area of the Commission's offices or the buildings in which such offices are located, easily accessible to the public, as early as it is available but in no case less than 24 hours prior to its meeting.
##### **92 Ill. Adm. Code 1203.40** Requests for Evidentiary Hearings {#sec-1203.40 omnilex-key=us-il-regs-official--title-92--1203.40}
An application, petition, or motion (other than a motion for reconsideration) before a board may request either an evidentiary hearing or review solely on the record before the board. If the motion does not contain an express request for an evidentiary hearing before a hearing examiner, the movant will be deemed to have waived any right to an evidentiary hearing and elected to limit the Board to review of the record. If the motion requests relief from the board or in the alternative, an evidentiary hearing, the board shall either grant the relief or refer the matter for an evidentiary hearing before a hearing examiner.
##### **92 Ill. Adm. Code 1203.50** Appeal Motions {#sec-1203.50 omnilex-key=us-il-regs-official--title-92--1203.50}
a) Authority to rule on motions. Only the Commission shall have authority to grant an appeal of any action taken by an employee board. For purposes of this subsection, appeals include motions for reconsideration, petitions to vacate, applications for reinstatement, and any other appeals which may be filed.
b) Evidentiary hearing on motions. A motion for reconsideration may request either an evidentiary hearing (hearing before a hearing examiner) or review solely on the record before the board. If the motion does not contain an express request for evidentiary hearing, the movant will be deemed to have waived any right to an evidentiary hearing and elected to limit the Commission to review of the record.
#### **Part 1205** Fees
##### **92 Ill. Adm. Code 1205.10** Filing and Annual Fees {#sec-1205.10 omnilex-key=us-il-regs-official--title-92--1205.10}
Filing and application fees for other than household goods carriers and relocation towers shall be as follows:
a)
Application for Public Carrier Certificate
$50
b)
Petition for Certificate of Exemption
$50
c)
Application for non-relocation towing license
$50
d)
Equipment lease filing
$15
e)
Application for Broker's license
$50
f)
Annual fee for each vehicle operated under a Public Carrier Certificate
$ 5
g)
Annual fee for each vehicle operated in interstate commerce under the Single State Registration Program or as an exempt interstate carrier
$ 7
**History**
- *Source: Amended at 25 Ill. Reg. 14845, effective November 1, 2001*
##### **92 Ill. Adm. Code 1205.20** Late-Filing Fees (repealed) {#sec-1205.20 omnilex-key=us-il-regs-official--title-92--1205.20}
**History**
- *Source: Repealed at 18 Ill. Reg. 11155, effective July 1, 1994*
##### **92 Ill. Adm. Code 1205.100** Intrastate Motor Carriers of Property (repealed) {#sec-1205.100 omnilex-key=us-il-regs-official--title-92--1205.100}
**History**
- *Source: Repealed at 25 Ill. Reg. 14845, effective November 1, 2001*
##### **92 Ill. Adm. Code 1205.110** Interstate Motor Carriers of Property (repealed) {#sec-1205.110 omnilex-key=us-il-regs-official--title-92--1205.110}
**History**
- *Source: Repealed at 25 Ill. Reg. 14845, effective November 1, 2001*
##### **92 Ill. Adm. Code 1205.115** Ordering Fees (repealed) {#sec-1205.115 omnilex-key=us-il-regs-official--title-92--1205.115}
**History**
- *Source: Repealed at 25 Ill. Reg. 14845, effective November 1, 2001*
##### **92 Ill. Adm. Code 1205.200** Gross Receipts Taxes for Motor Carriers of Passengers (repealed) {#sec-1205.200 omnilex-key=us-il-regs-official--title-92--1205.200}
**History**
- *Source: Repealed at 18 Ill. Reg. 11155, effective July 1, 1994*
##### **92 Ill. Adm. Code 1205.210** Gross Receipts Taxes for Rail Carriers (repealed) {#sec-1205.210 omnilex-key=us-il-regs-official--title-92--1205.210}
**History**
- *Source: Repealed at 25 Ill. Reg. 14845, effective November 1, 2001*
##### **92 Ill. Adm. Code 1205.220** Gross Receipts Taxes for Common Carrier Pipelines (repealed) {#sec-1205.220 omnilex-key=us-il-regs-official--title-92--1205.220}
**History**
- *Source: Repealed at 25 Ill. Reg. 14845, effective November 1, 2001*
##### **92 Ill. Adm. Code 1205.300** Payment of Fees (repealed) {#sec-1205.300 omnilex-key=us-il-regs-official--title-92--1205.300}
**History**
- *Source: Repealed at 25 Ill. Reg. 14845, effective November 1, 2001*
##### **92 Ill. Adm. Code 1205.400** Temporary Filing Fees, Annual Vehicle Fees and Ordering Fees (repealed) {#sec-1205.400 omnilex-key=us-il-regs-official--title-92--1205.400}
**History**
- *Source: Automatically repealed effective January 1, 1998*
#### **Part 1206** Investigation and Suspension of Rates
##### **92 Ill. Adm. Code 1206.10** Application of Part to Motor Carrier, Rail & Pipeline Rates {#sec-1206.10 omnilex-key=us-il-regs-official--title-92--1206.10}
This Part shall apply to all rates within the Illinois Commerce Commission's ("Commission") jurisdiction for which an order prescribing the rates is not required, except to the extent that the Commission's powers in relation to motor carriers of passengers and rail carriers have been preempted by a valid Federal statute.
##### **92 Ill. Adm. Code 1206.20** Rate Proceedings {#sec-1206.20 omnilex-key=us-il-regs-official--title-92--1206.20}
a) General Requirements. Any person may challenge a rate filed with the Commission by filing with the Commission a complaint identifying the rate, stating the relief sought, and stating grounds for the granting of such relief.
b) Complaint designation
1) A complaint referring to a rate that has been filed with the Commission but is not yet effective shall be styled a "petition to investigate and suspend."
2) A complaint referring to a rate that is on file with the Commission and is effective shall be styled a "rate complaint."
3) A "petition to investigate and suspend" which is filed after the deadline for filing such petitions shall be treated as a "rate complaint."
4) A "petition to investigate (but not to suspend)" shall be treated as a "rate complaint."
c) Identification of the Challenged Rate. A complaint must identify the challenged rate by reference to:
1) The name of the publishing carrier or agent;
2) The title and number of the tariff or schedule involved; and
3) The specific items or particular provisions complained of.
d) Filing and Service of Complaints and Replies.
1) Petitions which request investigation and suspension of a rate must be filed at least 5 calendar days before the effective date of the rate, subject to the following:
A) The effective date of the rate under protest (complaint) shall, unless otherwise ordered by the Commission, be automatically postponed for 30 calendar days by the proponent carrier by issuance of a postponement supplement. Failure to postpone will result in rejection by the Commission. The Commission will order a rate to go into effect on the listed effective date if the petition requesting investigation and suspension is invalid on its face for failure to comply with other provisions of this Part (for example, petition is not timely filed or the protestant did not serve a copy on the proponent carrier).
B) The postponement supplement title page shall show the following statement: "Issued on one (1) day's notice as authorized by 92 Ill. Adm. Code 1206.20(d)(1)(A)."
2) Replies
A) Replies to petitions for investigation and suspension of a rate must be filed and served at least 10 calendar days prior to the postponed effective date of the rate.
B) Replies to petitions for investigation (but not suspension) must be filed and served not later than the 15th calendar day after the petition for investigation was filed.
C) Replies to rate complaints must be filed and served not later than the 15th calendar day after the rate complaint was filed.
3) All petitions or rate complaints and all replies must be filed with the Commission at its office in Springfield.
4) Copies of petitions or rate complaints must be simultaneously served upon the publishing carrier or agent.
5) Copies of replies must simultaneously be served upon the person who filed the petition or rate complaint.
6) Telegraphic protests may be filed with the Commission provided that:
A) service is made, in the same manner, on the proponent of the rate(s); and
B) a written protest is filed within 5 calendar days after the telegraphic protest is filed.
e) All rate proceedings will be governed by the Commission's Rules of Practice (83 Ill. Adm. Code 200).
**History**
- *Source: Amended at 13 Ill. Reg. 11466, effective July 1, 1989*
##### **92 Ill. Adm. Code 1206.30** Burden of Proof {#sec-1206.30 omnilex-key=us-il-regs-official--title-92--1206.30}
a) The burden of proof in an investigation and suspension proceeding (proceeding in which a rate is investigated and suspended) shall be on the proponent of the rate unless otherwise provided in a valid preemptive federal statute which governs the rate (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-3204(2)(C)).
b) The burden of proof in a rate complaint proceeding shall be on the person who filed the rate complaint.
#### **Part 1207** Agents for Service of Process
##### **92 Ill. Adm. Code 1207.10** Designating Agents for Service of Process {#sec-1207.10 omnilex-key=us-il-regs-official--title-92--1207.10}
Any person subject to the jurisdiction of the Illinois Commerce Commission ("Commission") under the Illinois Commercial Transportation law (Ill. Rev. Stat. 1985, ch. 95½, pars. 18c-1101 et seq.) shall designate an agent for service of process by either:
a) Filing a completed copy of the Commission's Designation of Agent for Service of Process form; or
b) Filing a letter, signed by the person or an owner, partner, or officer of the legal entity making the filing, containing the information set forth in Section 1207.20 of this Part.
##### **92 Ill. Adm. Code 1207.20** Contents of Designation {#sec-1207.20 omnilex-key=us-il-regs-official--title-92--1207.20}
A completed designation of Agent for Service of Process form or letter of designation must set forth:
a) The full, legal name of the person making the designation;
b) The mailing address and telephone number of such person;
c) The name of the chief executive officer (if applicable);
d) The name and address in Illinois of the person's agent for service of process;
e) Identification of the person as either:
1) A motor carrier of property licensed by the Commission;
2) A motor carrier of passengers licensed by the Commission;
3) A rail carrier registered with the Commission;
4) A common carrier by pipeline registered with the Commission;
5) A broker licensed by the Commission; or
6) A tariff bureau approved by the Commission; and
f) Any license or registration number assigned by the Commission to the person.
**History**
- *Source: Amended at 14 Ill. Reg. 3033, effective February 15, 1990*
##### **92 Ill. Adm. Code 1207.30** Application to Rail Carriers {#sec-1207.30 omnilex-key=us-il-regs-official--title-92--1207.30}
A rail carrier which has registered with the Commission pursuant to 92 Ill. Adm. Code 1502 need not separately designate an agent for service of process.
##### **92 Ill. Adm. Code 1207.40** Notice of Change {#sec-1207.40 omnilex-key=us-il-regs-official--title-92--1207.40}
A person must notify the Commission of any change in the information listed in Section 1207.20 within 15 days of the change.
**History**
- *Source: Added at 12 Ill. Reg. 10453, effective June 1, 1988*
#### **Part 1225** Publication, Posting and Filing of Tariffs, Contracts, Schedules and Related Documents
##### **92 Ill. Adm. Code 1225.5** Definitions {#sec-1225.5 omnilex-key=us-il-regs-official--title-92--1225.5}
For the purpose of this Part:
"Agent" means a person, association or corporation authorized to publish and file rates and provisions for a carrier's account in tariffs published in the agent's name.
"Agent tariff" means a tariff filed in the name of an agent.
"Basing rate" means a rate used for constructing a through rate for transportation from one point to another over a route for which no through, one-factor rate (other than basing rate) is published.
"Bound tariff" means a tariff consisting of two or more sheets bound at the left edge in pamphlet or book form or a single-sheet tariff.
"Carrier" means any common or contract motor carrier of property, motor carrier of passengers, rail carrier, or common carrier by pipeline as those terms are defined in the Illinois Commercial Transportation Law (Ill. Rev. Stat. 1985, ch. 95½, pars. 18c-1101 et seq.).
"Carrier's tariff" means a tariff filed in the name of a carrier.
"Check sheet" means a transmittal page accompanying tariff sheets stating which tariff sheets are being issued.
"Classification" means a publication containing a list of commodities, the classes to which they are assigned for the purpose of applying class rates, and rules and regulations.
"Class rate" means a rate which applies to commodities according to the class assigned in a classification, a tariff of exceptions to a classification, or in a class rate tariff.
"Class tariffs" are those which contain class rates.
"Code for identification of places" means any numeric or alphabetic system used to represent, or identify, places, points, facilities, or locations.
"Commission" means the Illinois Commerce Commission.
"Commodity rate" means a rate published to apply to commodities specifically named or described in the tariff in which the rate is published or in a separate commodity list.
"Commodity tariffs" are those which contain commodity rates.
"Commutation rate" means a charge for a specified number of trips (more than a single round trip) or for an unlimited number of trips within a certain period of time which, on a per trip basis, is less than the normal rate.
"ICC" means Interstate Commerce Commission.
"ILLCC" means Illinois Commerce Commission.
"Item" means a tariff provision of any kind bearing an "item number" designation.
"Item number" means number assigned to item.
"Joint rate" means a rate that applies over the lines or routes or in the service of two or more carriers by agreement between the carriers, effected by a concurrence or power of attorney.
"Joint tariffs" means those tariffs which contain joint rates.
"Law" means the Illinois Commercial Transportation Law (Ill. Rev. Stat. 1985, ch. 95½, pars. 18c-1101 et seq.).
"Local rate" means the rate that applies over the lines or routes or in the service of one carrier only.
"Local tariffs" means those tariffs which contain local rates.
"Loose-leaf page amendment" means a single sheet published as an amendment (not a supplement) to a loose-leaf tariff.
"Loose-leaf tariff" means a tariff consisting of loose-leaf pages.
"Notice" means the number of days a publication shall be on file with the Commission and available to the public prior to its effective date. The date the publication is received by the Commission is the 1st day of notice.
"Original tariff" means the tariff as originally filed, excluding amendments.
"Post" refers to the public availability of filed tariffs.
"Proportional rate" means a rate published to apply only to traffic having a prior movement, a subsequent movement, or both.
"Proportional tariffs" are tariffs containing proportional rates.
"Publication" or "Publish" refers to the public availability of filed tariffs.
"Rate" means a rate, fare or charge.
"Round-trip excursion" means the transportation of passengers by motor vehicle on an excursion between points on the regularly operated route of a common carrier, but does not include special or charter operations.
"Schedule" means a tariff filed by a motor contract carrier of property. This term is interchangeable with "tariffs" when applicable to motor common carriers of property.
"Segment" means a separate tariff provision of any kind set apart by use of a number or letter designation (other than an item designation), or by employment of line or space separations.
"Subscriber" means any party, other than carrier participants in a tariff, that is voluntarily furnished with, or requests that it be furnished with, one or more copies of a particular tariff with or without subsequent amendments or reissues to that tariff.
"Suburban service" means the transportation of passengers between places or communities, the limits of which are not more than 75 air miles apart.
"Supplement" means two or more sheets bound at the left edge in pamphlet or book form, identified as a supplement and published to amend or cancel a tariff.
"Tariff" means a publication containing rates, classification ratings, rules, regulations, or other provisions filed in a carrier's or an agent's name.
"Tariff publication" means an original tariff, a supplement, or a loose-leaf page amendment.
"Through rate" means the total rate from point of origin to destination. It may be a local rate, a joint rate, or a combination of separately established rates.
##### **92 Ill. Adm. Code 1225.10** Introduction and General Provisions {#sec-1225.10 omnilex-key=us-il-regs-official--title-92--1225.10}
a) Purpose. Tariffs are for the information and the use of the public. They shall be published in a manner that ensures that they are readable and that their terms and conditions are easy to understand and apply. The Commission reserves the right to reject or strike any tariff, in whole or in part, which is not in compliance with law, or to require that it be modified, corrected or reissued.
b) Application.
1) This Part governs the construction, publication, filing, and posting or publication of any tariff filed under the Law, except to the extent that the tariff is governed by 92 Ill. Adm. Code 1570, 1575, 1580, 1585, 1590, 1595 or 1600.
2) Some of the Sections in this Part do not apply to tariffs of all types of carriers. These Sections state either that they do not apply to tariffs of specific types of carriers or that they apply only to tariffs of specific types of carriers.
3) This Part is to be liberally construed. The absence of specific approval of particular practices or provisions does not imply disapproval of them.
c) Interstate provisions. Tariffs may include provisions having interstate application if the title page of the tariff indicates this applicability and the interstate provisions are distinguished from intrastate provisions. Unless otherwise indicated in the item, provisions shall then apply to both interstate and intrastate commerce. Tariffs shall be identified as joint filings with the Interstate Commerce Commission or regulatory bodies of other states.
d) Information-only provisions. Provisions for information purposes only may be included in a tariff. Such material may include tariffs covering transportation not subject to economic regulation by the Commission, and advertising and promotional material.
e) Carrier liability. The tender of a tariff and its receipt by the Commission does not relieve the carriers of liability for violations of the Law, Commission regulations or orders.
##### **92 Ill. Adm. Code 1225.15** Applications for Special Permission {#sec-1225.15 omnilex-key=us-il-regs-official--title-92--1225.15}
a) Applications for special permission to depart from one or more provisions of this Part may be filed if in accordance with the provisions of this Section.
b) Special tariff authority will not be issued to modify a final order of the Commission. Any request to modify a final order shall be filed in accordance with the Commission's Rules of Practice, 83 Ill. Adm. Code 200.
c) Applications may only be filed by the carrier(s) or agent(s) who has authority to file the proposed tariff publication for which relief is requested.
d) Payment of the fee in the amount required under the Law shall accompany the application.
e) Copies and numbering. The original and two copies of the application shall be filed.
f) Contents of application.
1) All involved tariff publications shall be identified, including supplement and loose-leaf page number, with specific reference to provisions by item, section, or page numbers.
2) If the proposal involves the publishing of rates, all points involved shall be identified.
3) If the proposal involves publication of tariff rules on less than statutory notice, the wording of the proposed rules shall be furnished.
4) The application shall show how the proposed change is to be published, i.e., by republication of tariff matter, or by publication of a statement.
5) The reasons and justification for the proposal shall be stated.
6) If relief is requested from notice requirements, the reasons why customary notice cannot or should not be given shall be stated.
7) Applications requesting authority to change, cancel or postpone matter which is the subject of a complaint or petition for investigation or suspension shall certify that the complainants have been notified by telegram or telephone. The application shall also state whether or not the complainants have registered objections to the proposal.
8) The provision(s) of this Part from which relief is requested must be identified.
g) Authority to reject publication. The granting and use of special tariff authority does not limit the Commission's jurisdiction over the content of the tariff, or any of the Commission's powers with respect to the tariff.
h) Grant or denial of special permission applications.
1) Special permission applications shall state whether, if the application is not granted without hearing, the applicant requests a hearing on the application. If the application does not expressly request such a hearing, the applicant will be deemed to have waived such hearing.
2) Where a special permission application requests such hearing, the application shall either be granted without hearing or set for hearing.
3) Where a special permission application does not request hearing, the application shall either be grant without hearing or denied without hearing.
##### **92 Ill. Adm. Code 1225.20** Marking of Tariff Packages {#sec-1225.20 omnilex-key=us-il-regs-official--title-92--1225.20}
a) Packages containing tariff publications shall be marked "Tariffs".
b) Packages containing applications for special tariff authority to depart from this Part shall be marked "Special Tariff Authority Application."
##### **92 Ill. Adm. Code 1225.25** Number of Copies for Filing {#sec-1225.25 omnilex-key=us-il-regs-official--title-92--1225.25}
a) Motor carrier of property tariffs. Carriers and agents shall send 3 copies of each motor carrier of property tariff publication for official filing.
b) Other carriers. Carriers and agents shall send 1 copy of tariff publications of other type of carriers for official filing.
c) When a tariff publication is published in more than one agent's name, it is not necessary that 3 copies be filed in the name of each agent.
d) An agent's or carrier's tariff publication containing joint rates or provisions constitutes a sufficient filing for each of the participating carriers.
##### **92 Ill. Adm. Code 1225.30** Letters of Transmittal {#sec-1225.30 omnilex-key=us-il-regs-official--title-92--1225.30}
a) A letter of transmittal shall be sent in the same package with the tariff publication(s).
b) A letter of transmittal shall be signed by the person issuing the tariff or an authorized representative. Authorizations shall not be filed with the Commission unless specifically requested or the existence of such authorization is questioned in a challenge to the tariff. Absent request or challenge, the Commission will assume agents have the necessary authority from their principals. The Commission will request the filing of an authorization if the Commission was notified by an outside party or had prior knowledge that the person executing the transmittal did not have authorization to file the tariff. Prior knowledge of the Commission may result from an investigation or hearing conducted by the Commission.
c) If one transmittal letter is used to cover more than one package of tariff publications, the letter shall state the number of packages. The original letter shall be sent in one package and a copy of the letter sent with each of the other packages.
d) If a receipt is desired, mark the letter "Receipt Requested" and send an extra copy of the letter with a postage paid, self-addressed return envelope. Do not enclose loose stamps.
e) The letter of transmittal accompanying each tariff publication which contains a rate which the carrier wishes to have considered pursuant to the zone of rate freedom provisions of Section 18c-3207 of the Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-3207) shall so state. When only some rates are within the zone, they shall be designated individually. Zone of rate freedom provisions do not apply to motor carriers of property.
f) If a fare, rate, charge, or provision filed under zone of rate freedom provisions in Section 18c-3207 of the Law is complained of, the carrier shall, in its reply to the complaint, identify the number of the item (or page) and tariff in which the rates may be found, which show a net change during the previous 12 months.
##### **92 Ill. Adm. Code 1225.35** Tariff Publications Not Consecutively Numbered or Lettered {#sec-1225.35 omnilex-key=us-il-regs-official--title-92--1225.35}
A tariff publication submitted for filing, which is not in sequence, shall be accompanied by an explanation.
##### **92 Ill. Adm. Code 1225.40** Concurrences and Powers of Attorney {#sec-1225.40 omnilex-key=us-il-regs-official--title-92--1225.40}
Except for motor carriers of property, concurrences and powers of attorney shall not be filed with the Commission. However, a carrier may not participate in a tariff issued in the name of another carrier or an agent unless a power of attorney or concurrence has been executed. Absent effective concurrences or powers of attorney, tariffs are void. Should a challenge to a tariff be made on this basis, carriers will be required to submit the necessary proof. (See Subpart B).
##### **92 Ill. Adm. Code 1225.45** Period of Notice Required {#sec-1225.45 omnilex-key=us-il-regs-official--title-92--1225.45}
a) For railroad tariffs.
1) Twenty days for rates or provisions published in connection with new service or changes resulting in increased rates or decreased value of service;
2) Ten days for changes resulting in decreased rates or charges or changes resulting in neither increases nor reductions;
3) Forty-five days for publications naming surcharges or canceling joint rates under 49 U.S.C. 10705a,
b) Fifteen calendar days for motor carriers of property.
c) Thirty days for all other carriers.
d) Numerous exceptions authorizing shorter notice are contained in these rules, and special permission for shorter notice may also be requested in accordance with Section 1225.15.
**History**
- *Source: Amended at 13 Ill. Reg. 11471, effective July 1, 1989*
##### **92 Ill. Adm. Code 1225.50** Return or Rejection of Tariffs {#sec-1225.50 omnilex-key=us-il-regs-official--title-92--1225.50}
a) The Commission will return a tariff publication under the following circumstances:
1) The package containing the tariff publication arrives with postage or other delivery charges due;
2) The tariff publication which the Commission receives is missing material necessary to fulfill the requirements of this Part; or
3) A carrier or agent request returns before the effective date and subscribers are promptly notified.
b) A tariff publication submitted for filing shall be rejected by the Commission if the publication:
1) Fails to give lawful notice of changes in rates or provisions which it proposes to establish;
2) Fails to meet the requirements of this Part; or
3) Violates any order of the Commission or of a court.
c) When a tariff publication is rejected, the party who tendered it will be furnished a written explanation of reasons. A copy of the rejected tariff publication will be returned, but the Commission shall retain copies of the rejected tariff for its own use. Appeals of the rejection may be filed by filing a petition pursuant to the Commission's Rules of Practice, 83 Ill. Adm. Code 200.
d) If a publication is rejected, the carrier or agent shall publish notice of the rejection within 5 working days.
##### **92 Ill. Adm. Code 1225.55** Posting Requirements {#sec-1225.55 omnilex-key=us-il-regs-official--title-92--1225.55}
a) General posting requirements.
1) Each carrier shall maintain, at its principal office, a complete set of its tariffs (proposed and effective) and those to which it is a party.
2) Each carrier shall also maintain some or all tariffs at other locations determined by the carrier. Carriers shall provide information regarding all locations where tariffs may be viewed.
3) At all points where tariffs are posted, they shall be made available for inspection by any person during carrier's normal business hours. The tariffs shall be accessible. The carrier shall also post, in a public place in these locations, a notice, in not less than 24 point type, which contains a statement that the tariffs are available for public inspection.
4) At all other carrier business offices, the carrier shall display a notice advising the public of the location of the nearest available tariff file. The notice shall be not in less than 24 point type and posted in a public place. In addition, the carrier shall, upon request, make particular tariffs available at that location as soon as possible but not later than within 20 days of the request, or provide the information orally if satisfactory to the requester.
5) Any publication referred to in a tariff must be posted with the tariff.
b) Exceptions to the posting requirements.
1) A motor common carrier of passengers which participates in an agent's routing tariff only has to post the title page of the routing tariff, the sections naming joint routes with connecting carriers, and any other rules or provisions necessary for an understanding of the carrier's routing, that is any rule that would alter the application of the routing.
2) If any tariff maintained pursuant to subsections (a)(1) and (2) has not been used for a period of one year, the posting of that tariff, including its reissues, may be discontinued at that station until such time as a request is made by any member of the public to the carrier's agent to have it reposted. It shall then be reposted within 20 days.
c) Notice of proposed increases in passenger rates.
1) Motor common carriers of passengers proposing to increase rates shall comply with the provisions of this Section.
2) A notice shall be displayed at a public place at each station where tariffs containing the fares to be increased are required to be posted and, in 2 public places, one in the forward and one in the rear section of each vehicle engaged in the service for which the increase is proposed. The notice shall be printed in at least 48 point type. Each notice shall be either one sign at least 240 square inches in size or two signs at least 120 square inches in each size.
3) The notice shall:
A) Describe the increases proposed, the transportation service for which they are proposed and the points affected;
B) State that interested persons may file objections with the Commission; and
C) State that information regarding the Commission's rules of practice may be obtained by writing the Commission.
4) The notice shall be displayed at the same time a tariff publication containing the proposed increased fares is filed with the Commission and shall remain displayed until:
A) The carrier withdraws its request;
B) The Commission suspends the increase; or
C) The increase becomes effective.
5) The notice shall read substantially indicated in Section 1225.Exhibit A.
##### **92 Ill. Adm. Code 1225.65** Form and Printing of Tariffs and Other Documents {#sec-1225.65 omnilex-key=us-il-regs-official--title-92--1225.65}
a) Form, durability and method of printing. Except as authorized in Section 1225.2110(c), tariff publications and other documents shall be submitted to the Commission on 8 inch by 11 inch or 8½ inch by 11 inch white paper (at least 20 lb. weight), shall be typewritten or produced on word processing equipment using regular, Roman or Gothic type face, and shall be in the English language.
b) General rules.
1) Except for the title page, and except as otherwise authorized, all pages shall be consecutively numbered using Arabic numerals. Authorization for deviation will be given in situations such as cases of tariff compilation error or if there is need to expand on a particular aspect contained within tariff page.
2) Pages and spaces intentionally left blank shall so state.
3) Margins of not less than ⅝ of an inch shall be provided at a bound edge.
c) Bound tariffs. Bound tariff publications of two or more sheets shall be permanently bound. Stapling is acceptable.
d) Loose-leaf tariffs.
1) Original and revised pages shall be so designated. Numbering in sectional tariffs may use letter or number prefixes and suffixes after "original" or "revised", provided the system is explained. See Subpart I for rules governing identification of amendments.
2) Each page shall show the name of the issuing carrier or agent and the complete mailing address.
3) Each page shall show the issued date and the general effective date. With the original issue of the loose-leaf tariff, issued and effective dates need be shown only on the original title page, not on each original page. The name of the month shall be spelled out, followed by the day and year by number. If the page contains matter (including reissued matter) effective upon a date other than the general effective date, the notation "(Except as otherwise provided)" shall be shown directly with the general effective date.
e) Items and numbering systems.
1) Numbering systems shall be in a sequential manner and not duplicative.
2) Original tariffs shall allow for unused item numbers to allow for expansion.
3) If two or more items contain related subject matter, or one or more items are subordinate to another, compound numbers (an original number followed by a hyphen or decimal, then a new series of numbers, e.g., Item 400, Item 400.1, Item 400.2) are permitted. Compound numbers may be used in amendments if new matter has to be added, provided the initial number (item 400 in the example) has not already been used in a compound number series.
4) Sections of a tariff or notes outside or inside of items shall be numberically or alphabetically designated. Item numbers for class rate tables, if assigned, shall be in numerical sequence.
##### **92 Ill. Adm. Code 1225.70** Illcc Tariff Designations {#sec-1225.70 omnilex-key=us-il-regs-official--title-92--1225.70}
a) ILLCC designation. The ILLCC designation consists of:
1) The characters "MF-ILL.C.C." or "MF-ILLCC" (for motor carriers of property) or "ILLCC" or "ILCC" (for all other carriers); and
2) The ILLCC tariff designation number series of each carrier filing tariffs with the Commission, beginning with the Number 1 and subsequent filings being numbered consecutively.
b) The ILLCC designation shall be shown on the title page of all new or reissued tariff publications. References to cancellation of previously issued tariffs, if any, shall be made immediately below the ILLCC designation. Numerous cancellations may, for convenience, be shown on the first page after the Title Page of a bound tariff or on the first page after the check sheet or correction number sheet of a loose-leaf tariff.
c) Tariff numbers.
1) A tariff number assigned to a tariff shall consist of not more than four numerals.
2) For property tariffs of rail carriers, the first digit or letter shall conform to the grouping in this subsection (2) with the first digit or letter of the tariff being followed by the type of tariff:
A) "1" for class rate tariffs.
B) "2" for class exceptions tariffs.
C) "3" for general commodity rate tariffs (i.e., numerous unrelated commodities).
D) "4" for specific commodity rate tariffs (e.g., iron or steel articles).
E) "5" for routing guide tariffs.
F) "6" for governing tariffs (all kinds).
G) "7" for reserved.
H) "8" or "9" for miscellaneous tariffs (e.g., switching, special service, terminal service).
I) "X" may be used for master tariff of general increases.
3) For tariffs of motor common carriers of property other than household goods carriers the first digit of the tariff number (not the ILLCC tariff designation number) shall conform to the following grouping in this subsection (3):
A) "1" for governing publications of all kinds; adoption notices.
B) "2" for commodity rate tariffs.
C) "3" for combined class and commodity rate tariffs.
D) "4" for commodity column or distance rate tariffs.
E) "5" for class rate tariffs.
F) "6" for miscellaneous tariffs (those not included in any other category).
G) "7" for import and export tariffs (tariffs assigned this digit shall contain only import or export, or both, provisions).
H) "8" for reserved for future assignment.
I) "9" for tariffs containing rates or provisions covering emergency movements authorized by this Commission.
4) When a tariff could be construed as being of more than one type because of the provisions it contains, the governing factor in assignment of the digit or letter will be the category that represents the principal portion of the contents or which signifies its primary purpose, as determined by the carrier or publishing agent.
5) For all tariffs not governed by subsections (c)(2), (3), or (4) of this Section, the carrier or agent shall assign groupings for each of the particular types of tariffs involved, and the number assigned to a tariff shall conform to that grouping.
6) The assigned number will remain the same from reissue to reissue of the tariff. The first time a tariff is issued, its tariff number shall not have a letter suffix. The first reissue of the tariff shall have the letter suffix A, the next reissue B, and so on through Z, after which the letter suffix A will again be used and the process repeated. A carrier or agent may not use any number on its tariffs that differs in any respect from that used in the ILLCC designation, and whole numbers (not fractional or decimal) shall be used.
d) Use in tariffs. A tariff which refers to another tariff shall identify the other tariff by its ILLCC designation and name the issuing carrier or agent.
##### **92 Ill. Adm. Code 1225.75** Tariff Number of Rejected Tariffs {#sec-1225.75 omnilex-key=us-il-regs-official--title-92--1225.75}
a) When the tariff number of a rejected tariff does not include a letter suffix, the designation on the tariff issued in its place shall bear the letter suffix A.
b) When the tariff number of a rejected tariff includes a letter suffix, the designation on the tariff issued in its place shall bear the next consecutive letter suffix.
c) The rejected tariff may not be referred to in any subsequent tariffs as having been amended, canceled, or withdrawn, but the tariff which is published in its place shall bear the following notation:
Issued in place of (here identify the rejected tariff), rejected by the Commission.
##### **92 Ill. Adm. Code 1225.80** Codes for Identification of Places {#sec-1225.80 omnilex-key=us-il-regs-official--title-92--1225.80}
Codes for identification of places may be used instead of, or in addition to, the naming of places, points, facilities, or locations: provided that an explanation of the code is contained in the same tariff using the code, or in a separate tariff specifically named as a governing publication.
##### **92 Ill. Adm. Code 1225.85** Compliance Dates {#sec-1225.85 omnilex-key=us-il-regs-official--title-92--1225.85}
a) The following must comply with the requirements of this Part as of the effective date of this Part:
1) New tariffs filed after the effective date of this Part;
2) Tariffs re-issued after the effective date of this Part; and
3) Supplements, amendments, and revised tariff pages filed after the effective date of this Part, except that item and tariff numbers in such supplements, amendments, and revised tariff pages need not conform to the requirements of this Part until the subject tariff is required to conform to this Part.
b) All tariffs filed with the Commission must conform to this Part within 3 years after the effective date of this Part.
c) Tariffs, supplements, amendments, and revised tariff pages may conform to this Part at any time after the effective date of this Part and before the date on which compliance is required.
##### **92 Ill. Adm. Code 1225.100** Scope of Subpart B {#sec-1225.100 omnilex-key=us-il-regs-official--title-92--1225.100}
Sections 1225.105 through 1225.120 are not applicable to motor carriers of property.
##### **92 Ill. Adm. Code 1225.105** Powers of Attorney {#sec-1225.105 omnilex-key=us-il-regs-official--title-92--1225.105}
a) Powers of attorney may be given by a carrier to a carrier or an agent for the purpose of publishing and filing tariffs.
1) The power may be as broad or limited as expressed in the document, and alternate agents may be named.
2) Powers of attorney shall not be filed at the Commission, but shall be maintained and produced if requested by any person.
3) Revocation or amendment of the power of attorney shall be reflected through lawfully published tariff revisions effective concurrently. In the event of failure to so revise the applicable tariff or tariffs, the rates in such tariff or tariffs will remain applicable until lawfully changed.
4) If the scope of a power of attorney is questioned by any person, the document shall be produced.
b) A power of attorney may be given by Class III rail carriers to larger carriers with which they connect or by rail subsidiaries to parent rail carriers authorizing the larger or parent rail carriers to publish tariffs, to give and receive concurrences, and to give powers of attorney to agents on behalf of the Class II or subsidiary rail carrier.
##### **92 Ill. Adm. Code 1225.110** Concurrences {#sec-1225.110 omnilex-key=us-il-regs-official--title-92--1225.110}
a) A concurrence is used to show that one carrier has agreed to participate in joint rates or provisions published in a tariff filed by another carrier or agent.
1) A concurrence does not give a carrier authority to publish local rates or provisions for the carrier issuing the concurrence.
2) If two or more carriers execute power of attorney to the same agent, it is not necessary for those carriers to exchange concurrences.
b) Concurrences shall not be filed with the Commission, but shall be maintained and produced if requested to any person making the request.
c) Revocation or amendment of the concurrence shall be reflected through lawfully published tariff revisions effective concurrently. In the event of failure to do so, the rates in such tariff remain applicable until lawfully changed.
##### **92 Ill. Adm. Code 1225.115** Transfer of Authority from One Agent to Another {#sec-1225.115 omnilex-key=us-il-regs-official--title-92--1225.115}
When a new agent is to take over all effective tariffs of another agent (including where a name of a corporation is changed), powers of attorney shall be appropriately amended.
##### **92 Ill. Adm. Code 1225.120** Take-Over Publications {#sec-1225.120 omnilex-key=us-il-regs-official--title-92--1225.120}
a) When an agent is appointed to take over an agency, or when an alternate agent takes over the duties of the principal agent, the new or alternate agent shall immediately issue a supplement to each of the superseded agent's effective tariffs. Instead of showing an effective date on the title page, the following statement or one to similar effect shall be shown:
On and after (date the authority was transferred), this publication is the issue of (new or alternate agent's name).
b) In the case of a new agent, only the carriers that have issued new powers of attorney may be shown in the take-over publication as participants. All other carriers previously shown as participants shall be shown as canceled, either by listing each and stating its participation is canceled or by showing the following statement or one to similar effect at the beginning of the list:
The following is the list of carriers participating in this tariff as of (take-over date). All carriers previously shown as participants but not shown are canceled.
c) A take-over supplement shall remain in effect for the life of the tariff, except the list of participating carriers may be amended.
d) A take-over supplement is exempt from the provisions of Section 1225.920 limiting the number and volume of supplements.
e) Where joint-agent publications (see Section 1225.300) are involved, there are four major situations. In each case, the supplement shall contain only matter necessary to explain the action with the list of participating carriers, if any, appropriately amended.
1) The issuing agent is taken over by an agent not already shown as joining in the publication. The new agent issues the take-over supplement.
2) A joint agent is taken over by an agent other than the issuing agent. The issuing agent of the tariff issues the supplement showing the name of the new agent for the one taken over.
3) A joint agent is taken over by the issuing agent. The issuing agent of the tariff issues the supplement, with the former agent and its ILLCC designation deleted.
4) The issuing agent is taken over by a joint agent shown on the publication. The new agent becomes the issuing agent, issues the take-over supplement, with the former issuing agent and its ILLCC designation deleted.
f) Amendments (including the take-over supplement) filed by the new agent to tariffs issued by the former agent shall, in connection with the ILLCC designation, show that they are in the series of the former agent.
g) New tariffs issued by the new agent shall be in the new agent's own ILLCC designation series. If a new tariff cancels a tariff taken over by the new agent, the cancellation shall indicate the series of the tariff canceled.
h) An alternate agent, after take over, shall continue to use the ILLCC designation series of the former agent, and shall, in connection with the ILLCC designation, identify it by name of the former agent.
##### **92 Ill. Adm. Code 1225.200** Scope of Subpart C {#sec-1225.200 omnilex-key=us-il-regs-official--title-92--1225.200}
a) The construction, filing, cancellation, or revocation of powers of attorney or concurrences, and the construction and filing of publications when one agent takes over another involve many different kinds of situations, each of which requires different procedures to be followed.
b) This Subpart summarizes many kinds of situations together with a reference in each instance to the section that contains the regulations governing that situation.
1) To authorize an individual to act as agent, see Section 1225.205(a).
2) To authorize a corporation to act as agent, see Section 1225.205(a).
3) To limit the authority of a power of attorney, see Section 1225.205(b) through (e).
4) To give concurrence in a particular tariff of a carrier, see Section 1225.210(a).
5) To give general concurrence to a carrier, see Section 1225.210(a).
6) When the principal agent dies or is disabled, see Sections 1225.245, 1225.250(b) and (c), and 1225.255.
7) When the alternate agent dies or is disabled, see Sections 1225.250(b) and (c) and 1225.255.
8) When an agent takes over another agent or a corporation as agent changes its name, see Sections 1225.250(a) and (c) and 1225.255.
9) To cancel a power of attorney or concurrence, see Section 1225.270.
10) To revoke a power of attorney or concurrence, see Section 1225.275.
##### **92 Ill. Adm. Code 1225.205** Forms and Extent of Powers of Attorney {#sec-1225.205 omnilex-key=us-il-regs-official--title-92--1225.205}
a) The Commission's Tariff Agent Power of Attorney (Individual as Agent) form or its Tariff Agent Power of Attorney (Corporation as Agent) form shall be used by a carrier to give authority to an agent to publish and file tariffs, including supplements or loose-leaf pages thereto, in which such carrier participates.
b) Powers of attorney, if executed without modification, confer unlimited authority to publish local rates for the carrier issuing the power of attorney and to publish joint rates for such carrier and such other carriers as shall have issued the necessary authority.
c) If it is desired to limit the authority granted to the agent, the form may be modified by adding at the end of the first paragraph the statement as follows, and by stating thereafter the extent of the authority granted:
This authority is restricted to the filing of the publications or types of publications set forth below and to the extent shown.
d) Any limitation must be a general one and be specifically expressed in the instrument and must not depend on actions, circumstances, or managerial decisions not embodied therein or determinable therefrom and must not depend on future instructions or approvals. Limitations, if any, must be expressed in the instrument in such a manner that not only is it clear what authority the agent will have but also what authority the agent will not have if certain authority is withheld. For example, the instrument may limit the authority of an agent to publication of rates from points on the carrier's lines only, to publication of rates to points on the carrier's lines only, to publication of either local or joint rates or to publication of either class or commodity rates. The instrument may not contain limitations that are not general ones − for example, publication of specifically named rates, origins, destinations, rules, etc.
e) If it is desired to give to an agent authority only for the publication of a classification, a classification exceptions tariff, a rules tariff, or any other special kind of tariff, the form may be modified in either of two ways. Omit the words "freight tariffs" and substitute therefor the word or words, "classification," "classification exceptions tariffs," "rules tariffs," etc., or modify so as to authorize the publication of any or all of such tariffs, including rate tariffs.
1) If it is desired to limit the authority granted to publication of a particular tariff or tariffs, this may be done by giving a sufficiently accurate description of the title page of each tariff to identify it and by showing the ILLCC designation if known.
2) If it is intended that the authority granted shall include reissues of specifically named tariffs, that fact should be made clear by adding in the appropriate location "and successive issues thereof."
##### **92 Ill. Adm. Code 1225.210** Forms and Extent of Concurrences {#sec-1225.210 omnilex-key=us-il-regs-official--title-92--1225.210}
a) The Commission's Tariff Concurrence (Specific Concurrence) form or its Tariff Concurrence (General Concurrence) form shall be used in giving to carriers subject to this Part concurrences in tariffs (including supplements or loose-leaf page amendments thereto) which are issued and filed by such carrier or their agents and in which the carriers giving concurrences are participants.
1) The Tariff Concurrence (Specific Concurrence) form shall be used in giving concurrence in a particular tariff that is issued and filed by another carrier. The original shall be forwarded to the carrier issuing the tariff and shall be transmitted by such carrier to the Commission with the tariff or the amendment adding the carrier. This form, when not restricted, will serve as continuing evidence of participation in the tariff described in the concurrence and in all supplements (or loose-leaf pages) thereto and successive issues thereof. If reference to successive issues is stricken or omitted, a new concurrence will be required for each successive issue of the tariff in which the concurring carrier desires to participate. Except as provided in this subsection, this form shall not be qualified in any way but must evidence concurrence contained in the tariff publication named therein.
2) If general concurrence is given by a carrier in tariffs (including supplements or loose-leaf page amendment thereto) issued by another carrier or its agent, naming rates or other provisions from, to, via, or at points on its lines, the Tariff Concurrence (General Concurrence) form shall be used. This form may be executed to authorize publication of rates or other provisions for the concurring carrier from, to, via, or at points served by such carrier. If it is desired to limit the authority granted to exclude publication of rates in connection with which the concurring carrier would act as either origin, intermediate, or destination line, the form may be modified to that extent by use of appropriate language to effect the modification authorized. When authority is given an agent to publish rates for a carrier participating under authority of a concurrence to another carrier for which such agent acts, care must be exercised that the rates published for the concurring carrier do not exceed the scope of the authority given.
b) The carrier to whom concurrence is given may act as origin, intermediate, or destination carrier in joint rates and routes.
c) A concurrence does not confer upon a carrier authority to publish local rates for another carrier.
d) If two or more carriers execute powers of attorney authorizing an agent to publish joint rates for them, it will not be necessary for those carriers to exchange concurrences with each other as to the joint tariffs issued by that agent under that authority.
##### **92 Ill. Adm. Code 1225.215** Exact Name of Carrier Must Be Shown; What Individual May Sign Instrument {#sec-1225.215 omnilex-key=us-il-regs-official--title-92--1225.215}
a) In the blank spaces for the name of the carrier on each form listed in Sections 1225.205 and 1225.210, there shall be shown:
1) If the carrier is an individual, the individual name followed by any trade name;
2) If the carrier is a partnership, the correct names of all partners, followed by any trade name; or
3) If the carrier is a corporation, the correct corporate name.
b) In all cases, the name of the carrier shall be identical with the name as it appears in its operating certificate issued by the Commission, or, in the event that such certificate has not yet been issued, the name of the carrier shown must be identical with the name as it appears in the records of the Commission.
c) The power of attorney or concurrence shall be signed by the owner, if the carrier is an individual, and shall be signed by all of the partners individually, if a partnership. If the carrier is a corporation, the power of attorney shall be signed by the president or vice-president and attested by the secretary of the corporation.
##### **92 Ill. Adm. Code 1225.220** Official or Employee May Not Act as Agent {#sec-1225.220 omnilex-key=us-il-regs-official--title-92--1225.220}
Unless specifically authorized by the Commission, an official or an employee of a corporation may not act as agent when such corporation acts as agent. The Commission shall authorize an official or employee to act on behalf of the corporation upon receipt of a properly completed power of attorney specifically setting forth the limits of that official or employee to act on behalf of the corporation.
##### **92 Ill. Adm. Code 1225.225** Corporation as Agent {#sec-1225.225 omnilex-key=us-il-regs-official--title-92--1225.225}
a) A corporation, duly authorized and acting as an attorney and agent, shall issue tariffs in the name of the corporation as agent.
b) At the bottom of the title page of each publication and at the bottom of each loose-leaf page filed by the corporation as agent shall be shown the name and title of the official of the corporation who has been appointed by such corporation to issue tariffs and file them with the Commission.
c) Before the first tariff publication may be filed showing such person as the issuing officer, the corporation shall forward to the Commission certified minutes of the meeting of the board of directors showing the name and title of the official who has been appointed to handle all tariff matters with the Commission.
##### **92 Ill. Adm. Code 1225.230** Specifications of Forms {#sec-1225.230 omnilex-key=us-il-regs-official--title-92--1225.230}
a) Each power of attorney or concurrence shall be given a form and serial number which shall run consecutively for each form of instrument. The form and serial numbers shall be shown on the upper right-hand corner and immediately thereunder shall be shown the form and number of the instrument, if any, which is canceled thereby.
b) Each instrument shall show under the serial number the date of issue.
c) All instruments, except the concurrence in the Tariff Concurrence (Specific Concurrence) form, shall show in the lower left-hand corner the name and address of the agent or carrier to which the duplicate is sent.
d) The term "freight tariff" as used in this Subpart means not only rate tariffs but all other freight publications which in any way affect the value of the service or the measure of the charge.
##### **92 Ill. Adm. Code 1225.235** Distribution of Copies {#sec-1225.235 omnilex-key=us-il-regs-official--title-92--1225.235}
Except when there is specific instruction in a Section of this Subpart to send originals to an agent or carrier, the original of the instrument shall be filed with the Commission, the duplicate sent to the agent or carrier to which such authorization is directed, and the third copy retained by the issuing carrier.
##### **92 Ill. Adm. Code 1225.240** Conflicting Authority Must Be Avoided {#sec-1225.240 omnilex-key=us-il-regs-official--title-92--1225.240}
Powers of attorney or concurrences may not contain authority to delegate to another the authority thereby conferred. Duplicating authority to two or more agents or carriers must be avoided if the use thereof would result in conflicting rates or other provisions.
##### **92 Ill. Adm. Code 1225.245** Alternate Agent {#sec-1225.245 omnilex-key=us-il-regs-official--title-92--1225.245}
a) When a power of attorney is issued to an individual to act as agent, such instrument shall name an alternate agent to act in the event of the death or disability of the principal agent.
b) On or before the date of filing of the first tariff, supplement, or loose-leaf page by the alternate agent under the authority granted in the instrument, such alternate agent shall submit to the Commission a sworn statement setting forth the facts which justify such exercise of authority. (See Section 1225.255 for regulations governing these takeover publications.)
c) The term "disability" as used in the instrument refers to resignation, transfer to other duties or another post, or absence other than temporary, and does not mean temporary absence of the principal caused by vacation, illness, or other similar causes.
d) If a carrier revokes its powers of attorney to an agent or cancels an existing one replacing it with a new more limited one, providing the required 60 days' notice from date of filing with the Commission, the agent has a duty to adjust its tariffs accordingly, effective on or before the effective date of the instruments. If it does not and the carrier directs this fact to the attention of the Commission, the Commission shall direct the alternate agent to take over in the agent's place to protect the rights of the carrier.
e) After an alternate agent has once exercised the authority granted by the instrument, the principal agent may not thereafter act under that instrument.
##### **92 Ill. Adm. Code 1225.250** Transfer of Authority from One Agent to Another Agent - Death or Disability of Agent {#sec-1225.250 omnilex-key=us-il-regs-official--title-92--1225.250}
a) When an agent takes over another agent (including a change of name of a corporation acting as an agent), superseding the former agent as to all the former agent's effective tariffs, the transfer shall be accomplished by each carrier executing a new power of attorney naming the new agent (and alternate when the new agent is an individual) thereafter to serve, and specifically canceling the previous power of attorney. (See Section 1225.255 for regulations governing these take-over publications.)
b) When a power of attorney has been issued to an individual and an alternate, and the death or disability of either the principal or alternate agent occurs, new powers of attorney canceling the previously effective powers of attorney and naming the agent (and alternate when the new agent is an individual) thereafter to serve shall be filed within 180 days from the date of death or disability. (See Section 1225.255 for regulations governing take-over publications.)
c) The new powers of attorney filed pursuant to this Section shall bear no effective date. The originals thereof shall not be sent directly to the Commission, but shall be forwarded to the principal agent named therein. After all the necessary instruments shall have been secured, the principal agent shall file the originals with the Commission all at one time. Such powers of attorney will become effective upon the date they are received by the Commission, regardless of any other date which may have inadvertently been shown thereon.
d) If, during the period in which the alternate agent is functioning in place of the former principal agent, new participating carriers are to be added to the tariffs, the powers of attorney from such carriers must name the present alternate agent as principal agent together with a new alternate agent. When the permanent take over is made by a new agent (which may be the former alternate agent), such powers of attorney must be replaced by new ones meeting the requirements of this Section.
e) If upon the death or disability of the principal agent it is found that the alternate agent named in the powers of attorney cannot or will not (by refusal or neglect) take over the tariffs, the carriers have the responsibility to seek a new agent and delete the old rates under the previous agent. If no take-over by a new agent acting for the participants is arranged within 90 days of the Commission's being advised of the existence of the situation, the Commission shall strike the tariffs from the files of the Commission only when carriers are unable to effect the changes on their own. If the tariffs are stricken, the carriers will be free to publish their rates elsewhere.
##### **92 Ill. Adm. Code 1225.255** Take-Over Publications - Motor Carriers {#sec-1225.255 omnilex-key=us-il-regs-official--title-92--1225.255}
a) When a new agent is appointed for a reason set forth in Section 1225.250 or when an alternate agent assumes the duties of the principal agent, the new agent, immediately upon receipt of necessary authority, or the alternate agent, upon death or disability of the principal, shall issue a supplement to each of the effective tariffs (bound or loose-leaf) issued by or which had been taken over by the agent superseded. The supplement shall bear on its title page no effective date, but shall contain a statement reading substantially as follows:
On and after (show here, in the case of a new agent, the date on which authorities are filed with this Commission; or in the case of an alternate agent, the date on which the principal ceased to act) this publication shall be considered as the issue of (show here name of new agent or the alternate acting as such).
b) In the case of a new agent and a bound tariff, such supplement shall also contain a list of participating carriers, giving reference to the new authorities.
c) In the case of a new agent and a loose-leaf tariff, the supplement shall not name the participating carriers, but instead, one or more loose-leaf pages canceling the previous page or pages shall be issued containing the new list of participating carriers. Such a page shall identify the new authorities and refer to the take-over supplement, shall show the date of the take-over as the effective date, and may be filed without notice.
d) If the agent whose tariffs are being taken over maintains a participating carrier tariff, the take-over publications to the agent's other tariffs shall not list participants if the tariff that is being amended does not specifically list them. The take-over publication to the participating carrier tariff shall, however, provide a complete list of all participants therein and in tariffs governed thereby on the date of take-over.
e) An agent only has authority to act for a carrier that has issued a power of attorney in its favor or issued an appropriate concurrence to such a carrier. Therefore, only the names of participating carrier that have issued such instruments may be shown in the take-over publication. Any updating, corrections, or deletions of the names of participating carriers must be made by the former agent (or alternate agent if authorized to act) and must become effective on lawful notice before the date of take-over.
f) The take-over supplement must remain in effect for the life of the tariff and shall be considered exempt from the provisions of Section 1225.920 limiting the number and the volume of supplements, but the participating carrier list therein, if any, may be amended.
g) An agent may not take over less than all of another agent's tariffs.
h) Where joint-agent publications are involved in a take-over there are four major situations. In each situation the supplement must be one containing no other matter than that necessary to effect and explain the action. In every case the agent who issues the take-over supplement shall also amend the list of participating carriers, where ever it is shown, in an appropriate fashion.
1) The principal agent is taken over by other than one of the joint agents. The new agent issues the take-over supplement.
2) A joint agent is taken over by other than the principal agent. The principal agent issues a supplement which indicates that the take-over took place and substitutes the name of the new agent for the one taken over.
3) A joint agent is taken over by the principal agent shown on the publication. The principal agent issues the take-over supplement and drops the name of the former agent and its ILLCC designation.
4) The principal agent is taken over by a joint agent shown on the publication. The joint agent automatically becomes the principal or sole agent, as the case may be, and issues the take-over supplement and drops the name of the former agent and its ILLCC designation.
5) In situations not identified in this subsection, the parties should consult with this Commission to arrive at an acceptable form for the publications effecting the take-over action.
##### **92 Ill. Adm. Code 1225.260** Supplement (or Loose-Leaf Pages) to Be Shown in Series of Former Agent {#sec-1225.260 omnilex-key=us-il-regs-official--title-92--1225.260}
Supplements or loose-leaf pages, including those publishing the take-over, filed by the new agent to tariffs issued by the former agent (or a predecessor thereof, if any) must show in connection with the ILLCC designation that they are in the series of the former agent (or predecessors).
##### **92 Ill. Adm. Code 1225.265** Series Used by New or Alternate Agent {#sec-1225.265 omnilex-key=us-il-regs-official--title-92--1225.265}
a) New tariffs issued by the new agent (not alternate agent) shall be in such agent's own ILLCC designation series, and when canceling tariffs issued by the former agent, shall indicate the series of the tariffs canceled.
b) An alternate agent, after take-over, shall continue to use the designation series of the superseded agent and identify, in connection with the designation, the series by name of such agent.
##### **92 Ill. Adm. Code 1225.270** Cancellation of Instruments {#sec-1225.270 omnilex-key=us-il-regs-official--title-92--1225.270}
a) A power of attorney may cancel another power of attorney if both the old and new are issued in favor of the same agent or if it is filed under circumstances set forth in Section 1225.250.
b) A concurrence may cancel another concurrence if both the old and new are issued in favor of the same carrier.
c) In every case both the old and new instruments must be issued by the same carrier, except that the old may be one acquired from a certificated predecessor carrier.
d) A power of attorney may not cancel a concurrence, nor may a concurrence cancel a power of attorney, but one form of power of attorney may cancel a different form of power of attorney and one form of concurrence may cancel a different form of concurrence, but care must be taken in any case that the correct form number is inserted in the cancellation notice space. Under all other circumstances, power of attorney and concurrences must be revoked as set forth in Section 1225.275.
e) If the instrument to be canceled contains more authority or is broader in scope than the new instrument, the new instrument must bear an effective date of at least 60 days after the date on which it is received by the Commission. Otherwise, no notice is required.
##### **92 Ill. Adm. Code 1225.275** Revocation of Instruments {#sec-1225.275 omnilex-key=us-il-regs-official--title-92--1225.275}
a) A power of attorney or concurrence may be revoked upon not less than 60 days' notice to the Commission by filing a notice of revocation with the Commission, serving at the same time a copy thereof on the agent or carrier in whose favor such instrument was executed.
b) Such notice shall not bear a separate serial number, but shall specify the form and number of the instrument to be revoked, named the agent (and alternate agent when the authority granted in the Tariff Agent Power of Attorney (Individual as Agent) form is being revoked) or carrier in whose favor the instrument was executed, and specify the date upon which revocation is to become effective. The effective date must not be less than 60 days subsequent to the date the notice is received by the Commission.
c) The revocation notice for a power of attorney shall be on the Commission's Revocation of Power of Attorney form.
d) The revocation notice for a concurrence shall be on the Commission's Revocation of Concurrence form.
e) When a power of attorney or concurrence is revoked, corresponding revision of the tariff or tariffs shall be made effective upon statutory notice not later than the effective date stated in the notice of revocation. In the event of failure to so revise the applicable tariff or tariffs, the rates in such tariff or tariffs remain applicable until lawfully canceled.
f) The provisions of Section 1225.215 will also apply to revocation notices.
g) If the tariff or tariffs of a carrier are adopted in full, the new carrier has the duty either to promptly obtain new concurrences from the participants therein, if any, or to cancel the participation of such carriers before any changes are made effective in provisions affecting such carriers.
h) A carrier holding a concurrence or an agent holding a power of attorney that no longer wishes to retain or exercise such authority shall notify the Commission in writing of this and state that the authority shall have no further force and effect. The files of the Commission shall be marked accordingly and the instrument considered as no longer effective. The notification shall be over the signature of the person authorized to issue the tariffs.
i) A power of attorney or concurrence may not be revoked in part, nor may it be amended except by reissue.
##### **92 Ill. Adm. Code 1225.300** Tariffs Issued by Joint Agents Not Applicable to Contract Carriers {#sec-1225.300 omnilex-key=us-il-regs-official--title-92--1225.300}
a) Two or more agents may issue a tariff(s). Each agent shall act only for carriers who have given it powers of attorney or who have given concurrences to carriers issuing powers of attorney. Each agent need not obtain powers of attorney from all participating carriers. Each carrier shall be shown as participating under authority given to one of the issuing agents.
b) Title pages and loose-leaf pages.
1) The title page of each original joint issue tariff and supplement and each joint issue loose-leaf page shall show a separate ILLCC designation in the series of each agent; and
2) The title page of each original joint issue tariff and supplement and each joint issue loose-leaf page shall show at the bottom:
A) "Issued By" followed by the name, title, and mailing address of the principal agent or issuing party; and
B) Below that, "Jointly With" followed by the name, title, and mailing address of the other agent(s) joining in the issue.
c) For bound tariffs only, the names, addresses, and ILLCC designations of agents other than the principal agent may be shown on the reverse side of the title page of the tariff publication instead of on the title page. Except as provided in Section 1225.15, an agent may be added or deleted as an issuing party only by reissue of the tariff. In either case, the former tariff shall be canceled only by supplement.
d) List of participating carriers. Any list of carriers participating in the tariff shall be arranged as provided in Section 1225.405 and shall be published in:
1) The tariff itself;
2) A separate jointly issued participating carrier tariff; or
3) Each issuing agent's separate participating carrier tariff.
##### **92 Ill. Adm. Code 1225.400** Title Page of Original Tariffs {#sec-1225.400 omnilex-key=us-il-regs-official--title-92--1225.400}
a) Original tariffs shall have a title page which contains at a minimum the information required by subsections (b) through (k) of this Section.
b) The tariff's ILLCC designation shall be shown. Immediately under it, the ILLCC designation of the tariff(s) being canceled, if any. If there are numerous tariffs being canceled, the ILLCC designation of those tariffs may be shown:
1) On the first page after the title page which contains tariff matter if it is a bound tariff; or
2) On the first page after the "check sheet(s)," or the first page following that if a loose-leaf tariff. if the cancellations are not shown on the title page, reference to the location of the listing of the canceled tariffs should be shown.
c) The title page of an original loose-leaf tariff shall be designated as an "Original Title page."
d) The name of the issuing carrier or agent and complete mailing address shall be shown. The name of the carrier shall be followed by the number of its certificate or permit, if any. Sub numbers of certificates and permits need not be shown. If the agent is a corporation or association, its name shall be shown. If the agent is an individual, the association's name (if any) for whom the agent acts may also be shown.
e) This subsection applies to common carriers. A tariff naming rate shall provide the following information:
1) The type of rates, the modes of transportation, and the territory covered. The terms "local," "joint," "proportional," and "distance" shall be used to identify the rates;
2) Tariffs shall use appropriate terms to identify the rates in the tariff as specifically as possible; for example: assembling, distribution, class, commodity, commodity-column (column-commodity), passenger, commutation, truckload, carload, trainload, less-than-truckload, pipeline, or any quantity rates.
3) Each mode of transportation shall be identified, such as all-rail, all-motor, all-pipeline, motor-water, motor-rail or rail-motor-water routes.
f) A classification, a rules tariff or another type of governing tariff shall show a brief description of the tariff and its contents.
g) A brief reference (e.g., "Iron and Steel Tariff," "Petroleum Tariff," "Passenger Fare Tariff"), by which the tariff can be readily identified shall be shown.
h) A tariff governed by one or more other tariffs shall refer to the item containing the list of the governing tariffs, in the following manner: "For governing publications, see Item _____."
i) A reference to the decision or order by number, or a reference to the regulation by section number, and the number of days' notice (where less than statutory notice is authorized) shall be shown if the entire tariff:
1) Is issued to comply with a mandatory decision of the Commission or an order of a court requiring a specific action;
2) Is issued under authority of a permissive decision allowing less than statutory notice or departure from tariff publishing regulations; or
3) Is published under a Section of this Part permitting less than statutory notice or departure from an outstanding decision, or both.
j) The issue date and the general effective date shall be shown. If a tariff contains matter (including reissued matter) effective upon a date other than the general effective date, show the following directly with the general effective date: "(except as otherwise provided)."
k) A tariff that is to expire with a given date shall show the following or similar notation: "This tariff, as amended, expires with (here show date of expiration), unless sooner canceled, changed, or extended."
##### **92 Ill. Adm. Code 1225.405** Contents of Tariff {#sec-1225.405 omnilex-key=us-il-regs-official--title-92--1225.405}
a) General requirements. No provision may be published in tariff publications which exceeds the carrier's operating authority. An original tariff shall contain the provisions required by this section. Any matter not specifically prohibited may be included.
b) Checksheets – loose-leaf tariffs only. A checksheet may be used to list in numerical order the numbers of the original loose-leaf pages comprising the tariff. (This page shall always show an updated listing of each page and supplement and shall accompany the pages and supplements being filed.) If the tariff uses the "correction number, check-off" type of checksheet as loose-leaf page amendments are filed, it must be accompanied by in numerical order, a list of correction numbers beginning with No. 1. See Subpart I.
c) Participating carriers.
1) Unless a separate participating carrier's tariff is filed, a list of the participating carriers shall be provided, showing the names of the carriers, the city and state of the principal office of the carrier, and the lead docket number of each carrier's operating authority, if any. This requirement does not apply to carriers' local tariffs.
2) A carrier may not, without authorization, file local rates or provisions to apply for another carrier nor joint rates or provisions to which it is not a party.
d) Statement of operating authority in rate tariffs. The operating authority under which rates are published shall be clearly shown in the tariff containing the rates, referred to in a "scope tariff" (see Section 1225.1500) or in a rules tariff. (This subsection does not apply to railroad, pipeline or passenger carriers.)
e) Governing tariffs.
1) A list of governing tariffs shall be shown, along with the type of tariff, its issuing agent or carrier, and its ILLCC designation.
2) Governing publications shall be on file with the Commission.
3) Governing publications shall not result in conflicting rates, charges or provisions.
f) Rules and other provisions which govern the tariff.
1) Rules or provisions stating conditions which in any way affect the rates named in the tariff shall be published either in the rate tariff under the heading "Governing Provisions" or other tariffs. A provision affecting a particular item or rate shall be specifically referred to. Provisions affecting more than one but not all of the rates in the tariff or apply for only some of the participating carriers shall be included with explanatory statements.
2) Each rule or regulation shall be given a separate number.
A) Where the subjects are to be provided for in rail tariffs, the rules covering them shall bear the titles indicated and be assigned the item numbers indicated in Section 1225.Table A.
B) Where the subjects are to be provided for in motor carrier tariffs, the rules covering them shall bear the titles indicated and be assigned the item numbers indicated in Section 1225.Table B.
C) If a title includes subjects not treated in the rule, those subjects may be eliminated from the title.
D) A carrier or agent may assign a title and number of its choosing for matter not listed in the Tables, provided the title and number chosen do to conflict with those listed.
E) If a title does not properly identify a rule's content, qualifying words, phrases or subtitles may be added. When qualifying words or phrases are used, the prescribed title shall be followed by a dash and the added words. Subtitles or references to excepted classification rules shall follow the title.
F) When a rule is split into two or more parts, the prescribed item number may be subdivided. The first part of the rule (which shall contain the general rule, if any) must be assigned the prescribed item number without a numerical suffix. Each subdivision shall be assigned a compound number, which shall be constructed by use of the prescribed number followed by a decimal or a hyphen, then a new series of numbers, for example: item 70.1, or 70-1, in numerical sequence. Each subdivision must show the prescribed title.
G) Exceptions to a rule may be included in the general rule or arranged in items immediately following the rule to which exception is taken. In the latter case, exception items are to use the standard item number of the general rule followed by a suffix − for example, exceptions to item 85 would use items 85.1, 85.2, etc., or 85-1, 85-2, etc.
3) Governing provisions shall be referred to by their titles.
4) Tariffs containing rates for the transportation of dangerous articles (hazardous materials) may reproduce the Federal or Illinois Department of Transportation's regulations governing the acceptance and transportation of those articles, participate in a separate tariff which contains the regulations, or refer to the Code of Federal Regulations ("CFR") or Illinois Administrative Code location of the governing rules.
5) Rules and regulations of passenger carriers concerning their practices, procedures and regulations for the sale, honoring, exchange, validation, refund, and time limits for usage of tickets shall be published in the fare tariffs, or the fare tariff shall refer to a separate tariff containing these provisions.
6) Rates may be published under a single class rating system for intrastate traffic as provided for interstate traffic under ICC Ex Parte MC 98 (Sub − No. 1). The application of this single class rating system must be identified within the tariff rules and cannot alternate or be used in conjunction with any other class rating system within the same tariff, except as provided in Section 1225.405(f)(7).
7) Class rates for class rating over Class 100 may be expressed as percentages of Class 100 rates. The application of such percentages must be identified in the tariff rules.
g) Exceptions to class ratings.
1) The exceptions to class ratings in a classification or exceptions tariff applying only for the rates published in one tariff shall be published in that tariff, be clear, be published in a separate section, be arranged in the same order, describe the commodity in the same words used in the classification, or as close as possible, use the generic heading, if any, used in the classification, and indicate the quantity application.
2) Different class ratings on the same article or commodity based on different minimum quantities may be published if the class ratings are published in one item.
3) An exception class rating may be published to apply on the movement of a plant to a new location without naming each article to be transported, provided application is clear.
4) No provision of this Part shall be construed to allow publication of a rate other than in compliance with 92 Ill. Adm. Code 1300.
h) Exceptions to classification or exceptions tariff rules. Exceptions to rules in a classification or exceptions tariff applying only for the rates published in one tariff, should be published in that tariff, in the "Governing Provisions" section (but see Section 1225.1805) and shall:
1) Be arranged in the same order as they appear in the classification;
2) Be complete in themselves by republication of the complete rules, section or other identifiable unit affected, unless the exception is to make the rule (or part of the rule) not applicable;
3) Identify the classification rule (and exceptions tariff rule, if any) and the part being changed; and
4) Identify the rule or portion affected if the exception is to make the rule (or portion of the rule) not applicable.
i) Application for individual carriers. Tariffs shall contain statements indicating the application of the rates and provision for particular carriers.
j) Statements of rates and fares. Rate tariffs shall contain a statement of rates applicable for the transportation of the articles on which rates are named. Fare tariffs shall contain a statement of fares applicable for the transportation of passengers which the tariff is intended to cover.
k) Statement of routes. A statement of routes over which the published rates apply shall be shown, prepared in accordance with the provisions of Subpart G. This provision does not apply to motor carriers of property.
l) Explanation of reference marks, notes, and abbreviations.
1) Reference marks, abbreviations and note references used in a tariff shall be explained either in the item to which they apply or in a separate item. Use shall be consistent throughout the tariff unless the deviation is specifically explained. See also Subpart I and Subpart J.
2) Carrier codes may be included as part of the List of participating Carriers if these codes are published within the tariff, provided a statement to that effect is included under the explanation of abbreviations.
3) In addition to U.S. Postal Service state name abbreviations and acronyms of Federal agencies, the commonly used abbreviations listed in Section 1225.Table C are acceptable without explanation.
4) The following reference marks (symbols) are suggested for use. Other marks, such as symbols, are acceptable if denoted.
A) A teardrop, "(R)," or "R" to denote reductions
B) A diamond, "(A)," or "A" to denote increases
C) A triangle, pyramid, "(C)," or C to denote changes which result in neither increases nor reductions in charges
D) A bold dot, "(N)," or "N" to denote no change in rate (fare) (see Section 1225.100).
E) + to denote intrastate application only
F) [ ] or ( ) or geometric square, to denote reissued matter (see Subpart S).
5) New or added matter (matter that does not actually change the application of published rates) on which the prescribed reference marks in subsection (1) through (4) above would not be appropriate may be indicated as "New," "Addition," "Add" or bear a defined reference mark of the carrier's or agent's choice.
##### **92 Ill. Adm. Code 1225.500** Statement of Rates and Fares {#sec-1225.500 omnilex-key=us-il-regs-official--title-92--1225.500}
a) Rates, fares, and provisions shall be stated and arranged in a manner which establishes the rate, charge or attendant provisions for each service offered or performed by the serving carrier.
1) Rates and charges shall be stated per unit in U.S. dollars or cents.
2) The disposition of fractions and other tariff elements required to determine the applicable rate, charge or provision shall be explained. Rates may be stated in any measurable unit.
3) Rates may be stated as applying to variable units as authorized by the Commission, e.g., per car, per vehicle, per mile, per vehicle-mile, per container, per package, or per passenger provided the measure of the service is fixed by defining the unit, or in maximum terms, such as a stated maximum weight of contents permitted per vehicle or container of a certain maximum cubic capacity or measurement, or stated maximum dimensions or weight per individual package.
4) Rates for rail and motor passenger service (including one-way, round trip, commutation, etc.) may be stated per passenger or other identifiable unit.
5) Rates based on quantity shall be stated as having any quantity, less-than-truckload, truckload, less-than-carload, carload, trainload, volume or any other defined quantity application.
b) This subsection only applies to transportation of property by railroads.
1) Rates may be shown as applying from or to "all points" in this state to territory located on the lines of the carrier parties to the tariff, without naming the points in the tariff, provided the tariff is governed by a station list tariff or otherwise adequately describes the territorial scope.
2) Points may be excepted from the application of the rates by listing them.
3) Intermediate point rules may not be used in connection with origin or destination points provided in accordance with subsection (b), as to do so would be redundant.
c) Rates may be published to apply from or to a named plant site, construction site, or other site, if its location is identified. Rates may be published from or to or between the facilities of a specifically named shipper or receiver.
##### **92 Ill. Adm. Code 1225.505** Arbitraries {#sec-1225.505 omnilex-key=us-il-regs-official--title-92--1225.505}
A tariff may provide rates from or to designated points by the addition or deduction of arbitraries or differentials to or from rates in the tariff form or to named base points. Provision for this shall be shown either in a separate item in the same tariff, which shall specifically name the base point and state the manner in which the arbitraries or differentials shall be applied, or in a separate rate basis tariff.
##### **92 Ill. Adm. Code 1225.510** Class Rates {#sec-1225.510 omnilex-key=us-il-regs-official--title-92--1225.510}
Class rate tariffs shall provide a rate for class ratings shown in the classification or exceptions tariff exception class rates for certain classes may be omitted provided there is a statement that the next lower class or the next higher class (not both) for which rates are published shall be used.
##### **92 Ill. Adm. Code 1225.515** Alternation and Precedence of Rates and Maximum Charges {#sec-1225.515 omnilex-key=us-il-regs-official--title-92--1225.515}
Alternation of rates is permitted. Where two or more rates apply to a shipment (e.g. class rates and commodity rates), the lower rate shall govern unless otherwise stated in either tariff or item. This Section does not permit the publication of conflicting rates.
##### **92 Ill. Adm. Code 1225.520** Mixed Shipments {#sec-1225.520 omnilex-key=us-il-regs-official--title-92--1225.520}
a) If two or more commodities are listed in connection with a rate or rating application, there shall be a statement as to whether the rate or rating applies only on straight shipments, on a specific mixture of the articles, or on straight or mixed shipments.
b) If one or more of the commodities are to be subject to a rate or a minimum quantity or both, different from the others, how the minimum charge per mixed shipment is to be determined shall be stated. This is also required if two or more rates or ratings, based on different minimum quantities, are provided for the same commodity.
c) Where different rates or ratings are so provided, there shall be a statement published explaining how the deficit, if any, in the applicable minimum weight shall be rated.
##### **92 Ill. Adm. Code 1225.525** Commodity Rates {#sec-1225.525 omnilex-key=us-il-regs-official--title-92--1225.525}
Except as otherwise provided in Sections 1225.535 and 1225.540, when commodity rates are established, the commodity description shall be specific and the rates may not be applied to analogous articles unless so provided. As far as possible, uniform commodity descriptions should be used in all tariffs.
##### **92 Ill. Adm. Code 1225.535** Reference to Items or Lists for Commodities or Descriptions {#sec-1225.535 omnilex-key=us-il-regs-official--title-92--1225.535}
a) Commodity rate items may contain rates on a number of articles without naming the articles in the item by use of a generic term and reference to an item (not a rate item) in the tariff or in a separate tariff (sufficiently identified on its title page) which contains a complete list of the articles (and minimum weights, if any). The list shall bear a commodity caption (for example "Packinghouse products, namely"), which shall be worded the same as the generic term used in the rate item, and the commodities in each list shall be arranged alphabetically.
b) The rate item may except certain commodities in the list.
c) A rate tariff may refer to a classification instead of, or in addition to, a separate list tariff for description of articles on which rates published by reference to generic terms will apply. The reference may be restricted to the descriptions in certain identified items under the generic heading used. A rate item may refer to classification items for a detailed description, and for governing conditions, if the commodity term used in the rate item embraces the commodities in the classification items. The rate tariff shall indicate the application of notes, qualifying conditions and other matter published in connection with the classification items.
##### **92 Ill. Adm. Code 1225.540** Application of Aggregate of Intermediate Rates and Combination Rates {#sec-1225.540 omnilex-key=us-il-regs-official--title-92--1225.540}
a) Except where a carrier elects to permit alternation, when a rate, whether local or joint, from origin to destination has been established via a route as a "one-factor rate," it becomes the only legal rate for through transportation via that route, whether it is greater or less than the aggregate of any intermediate rates.
b) The lowest combination of rates applicable via the route of movement is the legal rate if no one-factor rate is in effect. The combination shall be treated as a unit from origin to destination.
c) This Section does not require equalizing via one route or gateway the combination of rates applicable over another route or via a different gateway.
##### **92 Ill. Adm. Code 1225.545** Proportional Rates {#sec-1225.545 omnilex-key=us-il-regs-official--title-92--1225.545}
a) Tariffs containing proportional rates shall clearly show their application. If a proportional rate is intended for use on traffic destined to a restricted territory or points, the territory shall be defined.
b) This Section does not apply to contract carriers.
##### **92 Ill. Adm. Code 1225.550** Tank-Line Gauge Books and Equipment Register {#sec-1225.550 omnilex-key=us-il-regs-official--title-92--1225.550}
a) When rates are published with minimum weights dependent upon, for example, the length of the car used, or the marked cubical or gallon capacity of the car used, that measurement or mark becomes an integral part of the rate, and, with respect to such cars, carriers shall file tariffs showing the numbers, dimensions, capacities, and ownership of freight cars.
b) The information may be published in separate publications and be filed by authorized agents.
c) Successive issues and amendments may be made effective on 1 day's notice.
##### **92 Ill. Adm. Code 1225.555** Reference Prohibition {#sec-1225.555 omnilex-key=us-il-regs-official--title-92--1225.555}
A rate tariff may not refer to another rate tariff for classification ratings, exceptions to the classification, rules, or other governing provisions.
##### **92 Ill. Adm. Code 1225.600** Inapplicability to Motor Carriers of Property {#sec-1225.600 omnilex-key=us-il-regs-official--title-92--1225.600}
The provisions of Subpart G are not applicable to motor carriers of property.
##### **92 Ill. Adm. Code 1225.601** Routing to Be Specified {#sec-1225.601 omnilex-key=us-il-regs-official--title-92--1225.601}
Except as authorized in Section 1225.605, the routing to be used shall be specified, identifying each carrier and the point of interchange in proper order from origin to destination. For motor carriers, highway numbers need not be listed.
##### **92 Ill. Adm. Code 1225.605** Open Routing {#sec-1225.605 omnilex-key=us-il-regs-official--title-92--1225.605}
a) This Section applies to tariffs of railroads.
b) Routing may be provided by publishing a statement substantially as follows in the rate tariff:
The rates in this tariff apply over all routes made by use of the liens of any of the carriers parties to this tariff, except as otherwise specifically provided on pages ______, in individual rate items, or in connection with individual rates.
c) The exceptions may be stated either by showing that the rate applies only via specified routes (affirmative routing), or by showing that the rate does not apply via specified routes (negative routing). Affirmative routing may be shown in a routing guide, but negative routing may not.
##### **92 Ill. Adm. Code 1225.610** Where to Publish Routes {#sec-1225.610 omnilex-key=us-il-regs-official--title-92--1225.610}
The routes shall be published in the rate tariff, in a separate routing tariff or tariffs (a "routing guide"), or in a separate routing tariff or tariffs which are governed by an explanation of routes tariff or tariffs. Routes may be published in both rate tariffs and routing tariffs.
##### **92 Ill. Adm. Code 1225.615** Notations in Tariff Publications {#sec-1225.615 omnilex-key=us-il-regs-official--title-92--1225.615}
a) A routing guide shall contain the following or similar statement on its title page:
The routes in this tariff may be used only when rate tariffs provide for their application.
If all of the routes are provided in the rate tariff, the following or similar notation shall be shown in the rate tariff under the hearing "Routing Instructions":
The rates in this tariff apply only via the routes specified on pages (or in items).
c) If all of the routes are provided in the routing guide, the following or similar notation (with appropriate tariff reference) shall be shown in the rate tariff under the hearing "Routing Instructions":
The rates in this tariff apply only via the routes specified in (here show ILLCC designation) for carrier parties to this tariff.
d) If the rate tariff contains routing and also refers to a routing guide, an appropriate notation shall be published in the rate tariff under the heading "Routing Instructions." The notation shall state the circumstances when the routing in the rate tariff applies and when the routing in the routing guide applies.
##### **92 Ill. Adm. Code 1225.620** Number of Routing Guides {#sec-1225.620 omnilex-key=us-il-regs-official--title-92--1225.620}
A rate may not be subject to more than one routing guide except:
a) Joint rates of a rail subsidiary or a Class III rail carrier with two or more connecting or parent rail carriers may refer to the routing guides of each of the connecting or parent carriers;
b) If territorial routing guides are published, an interterritorial rate may refer to one guide to each of the separate territories involved; or
c) Reference may be made to separate routing guides of any of the participating carriers for internal routing over each of the carrier's lines.
##### **92 Ill. Adm. Code 1225.625** Combined Routing Guide/Participating Carrier Tariff {#sec-1225.625 omnilex-key=us-il-regs-official--title-92--1225.625}
A routing guide may be combined with a participating carrier tariff, or a combined participating carrier and points of service tariff, provided the routing provisions are separate and the requirements of this Subpart are otherwise complied with.
##### **92 Ill. Adm. Code 1225.630** Emergency Routing Clause {#sec-1225.630 omnilex-key=us-il-regs-official--title-92--1225.630}
The following provision or one of similar effect may be published under the heading "Routing Instructions" in connection with joint rates on property:
Emergency Routing
The joint rates in this tariff apply via the routes and through the transfer points authorized in this tariff, except:
When, because of pronounced traffic congestion (not an embargo), detours or other similar emergencies, or through carriers' error, carriers forward shipments by other transfer points of the same carriers or over the lines of other carriers parties to this tariff, the rate specified in this tariff will apply if it results in lower charges than the otherwise applicable rate over the actual route of movement.
##### **92 Ill. Adm. Code 1225.635** Cancellation of Joint Rail Rates, Routes or Surcharges {#sec-1225.635 omnilex-key=us-il-regs-official--title-92--1225.635}
a) This Section applies only to rail carriers.
b) Cancellations of joint rates or routes or surcharges to them under the authority of 49 U.S.C. 10705a shall have a statement to that effect in the tariff publication.
##### **92 Ill. Adm. Code 1225.700** Sectional Tariffs {#sec-1225.700 omnilex-key=us-il-regs-official--title-92--1225.700}
Tariffs may be arranged in "Sections" to separate different kinds of rates or provisions, provided the Sections are consecutively numbered or lettered and differentiated among Sections.
##### **92 Ill. Adm. Code 1225.800** Amendments and Supplements {#sec-1225.800 omnilex-key=us-il-regs-official--title-92--1225.800}
a) An amendment is a change in, addition to, or cancellation from a tariff.
b) Supplements are tariff publications to be used to amend bound tariffs and may also be used to amend loose-leaf tariffs as provided in Section 1225.815(n).
c) New or revised pages are tariff publications to be used to amend loose-leaf tariffs (see Section 1225.815).
##### **92 Ill. Adm. Code 1225.805** Lists of Participating Carriers {#sec-1225.805 omnilex-key=us-il-regs-official--title-92--1225.805}
a) In bound tariffs, the list shall be amended by:
1) Publishing a complete new list containing all changes and canceling the prior list; or
2) Publishing a cumulative list of all changes, alphabetically arranged either by code or carrier name, and the statement "The list of participating carriers is as shown in the tariff except for the following changes."
A) Only one cumulative list may be in effect at one time.
B) A carrier's participation shall be canceled by showing the carrier's complete name, together with the work "Cancel" or other provision as defined in the tariff.
C) Changes shall be carried forward in subsequent amendments to the list as reissued matter.
b) In a loose-leaf tariff, the list shall be amended either by:
1) Republication of the page(s) on which the list appears, indicating the cancellations, additions and changes.
A) The canceled carriers' names shall be republished on a separate page(s) at the end of the list, indicating when the cancellation was first effective, until all provisions in the tariff referring specifically to the carriers have been removed from the effective pages.
B) The pages containing the list shall refer to the page(s) containing the list of canceled carriers; or
2) Reissuing the affected page(s) with an appropriate symbol to show elimination of a carrier.
c) Concurrent with the cancellation of a carrier from the participating carrier list, all provisions specifically referring to that carrier shall be appropriately amended unless:
1) The cancellation is in connection with the publication of a complete adoption of the rate of that carrier by another (see Subpart L); or
2) The method permitted in subsection (d) of this Section is used.
d) A carrier's participation may be canceled by publishing a blanket cancellation notice directly with the list of participating carriers, and referring to the notice when canceling the carrier's name from the list. If this method is used, all provisions specifically referring to that carrier shall be amended. During the interim, an item or provision which specifically refers to that carrier may not be republished unless the reference is concurrently removed.
##### **92 Ill. Adm. Code 1225.810** Amendments to Bound Tariffs {#sec-1225.810 omnilex-key=us-il-regs-official--title-92--1225.810}
a) Provisions shall be amended by publication of the entire item or segment in a supplement, except as otherwise authorized pursuant to Sections 1225.15 and 1225.900.
b) When an item is to be amended, the new item shall be given the same number with a letter suffix, starting with the letter A, continuing through Z, then starting with AA, BB, and so on. Except as provided in subsection (c) of this Section, the new item shall specifically cancel all uncanceled items in the same series. For example: "Item 40-A cancels item 40"; "Item 40-C cancels Item 40-B and Item 40-A" (if Item 40-A had not been canceled previously).
c) Items need not specifically cancel the previous items in the same series if the tariff contains a rule explaining the process in which items are superseded.
1) For example, the rule may provide that the use of the next letter suffix automatically cancels the prior item.
2) The rule shall be maintained for the life of the tariff. Specific cancellation shall be made of items containing rates or provisions under suspension or held in force by reason of suspension.
d) When provisions of a numbered segment, other than an item, are to be amended, the new segment shall be given the same number, without a suffix, and specifically cancel all prior uncanceled segments bearing the same number. The cancellation shall be made by referring to the segment number and its location, e.g., "Section 3, cancels Section 3 on pages 50-56 of the tariff."
e) When the provisions of an unnumbered segment are to be amended or canceled, the previous segment shall be canceled by indicating the matter and referring to its location.
f) Amendment in part without bringing forward the item or segment in its entirety may be made of items or segments containing only:
1) Tables of contents;
2) Lists of participating carriers, commodities, or points of service;
3) Indexes of commodities, origins, or destinations;
4) Statements of carriers' operating authorities;
5) Explanations of routing, abbreviations, reference marks or notes;
6) Package descriptions; or
7) Tables of rates, rate base numbers, or other figures comprising more than two pages.
g) If a reference mark in a rate table is amended, the rates need not be republished provided the changed reference is explained in the explanation of reference marks and a list of items that use the mark is included.
h) When amending a figure at the intersection of a headline and sideline point of tables of rates, rate base numbers or other figures, either the entire vertical column or entire horizontal column of figures in which the change appears shall be reproduced. In no case, however, shall the format of the tables be changed during the life of the tariff.
i) Partial amendments shall be published so that it is clear what matter is being added, changed or canceled.
j) The following notation or one to similar effect shall be shown on a partial amendment of an item or segment containing station index numbers:
The index numbers of stations in this supplement correspond with the index numbers of the same stations shown on pages ____ to ____, inclusive, of the tariff, with the following additions and deletions.
k) Canceled matter may not be reproduced in an item or segment effecting a cancellation except to the extent necessary to identify the subject matter.
l) An expiration or cancellation statement of an entire item or segment shall be treated the same as any other reissued matter insubsequent supplements.
m) If part or all of the matter in an item or segment is transferred to another tariff or to a different location in the same tariff, that item or segment shall:
1) Be revised in the regular manner; and
2) Show where the transferred matter will thereafter be found.
##### **92 Ill. Adm. Code 1225.815** Amendments to Loose-Leaf Tariffs {#sec-1225.815 omnilex-key=us-il-regs-official--title-92--1225.815}
a) New pages added at the end of the tariff shall be designated as "Original" and consecutively numbered beginning with the number following the number of the last page of the original tariff.
b) Other new pages shall be designated as "Original" and given the same number as an existing page (if the tariff contains pages printed on both sides of the sheet, use the higher number) followed by a single suffix letter, in alphabetical sequence starting with "A". No other system or variation may be used.
c) Both sides of a sheet shall be given page numbers when adding new pages to a tariff containing pages printed on both sides of the sheets. If one side is intentionally left blank, the page shall contain a statement to that effect.
d) Amendment of a title page shall be made by reprinting it and giving it a revision number. The first amendment shall be designated as "1st Revised Title Page", and so on in consecutive numerical order. Revised title pages shall show the following under their effective date: "Original Tariff effective (here show the effective date of the original tariff)." The revised page shall specifically cancel all the uncanceled title pages to the same tariff. The cancellation shall be shown with the new designation, for example, "1st Revised Title Page cancel Original Title Page."
e) For pages that are not title pages:
1) Amendment of a page shall be made by reprinting it and giving it a revision number. The first amendment shall be designated as "1st Revised Page ," cancels original Page ," and so on in consecutive numerical order. Suffixes or prefixes may be used. See Section 1225.65(b). The revised page designations shall be shown in the same corner as original page designations are shown.
2) If the pages being amended are to a tariff which contains pages printed on both sides of the sheets, both sides of the sheets shall be reprinted. If changes are not being made in the tariff matter on one side of the sheet, the following notation shall be shown with the new revision number: "Change in revision number only."
3) Revised pages shall cancel all uncanceled pages in the same series. The cancellation shall be shown with the new designation, e.g., "2nd Revised Page 10 cancels 1st Revised Page 10."
f) If a page is rejected, its designation (i.e., "original," "1st Revised," etc.) may not be used again in that series. The rejected page may not be referred to on a subsequent page as having been canceled, amended or withdrawn. The page issued in its place shall use the next revision number and bear the following:
Issued in placed of (here identify the rejected page), rejected by the Commission.
g) Except as otherwise authorized, loose-leaf tariffs may not be further amended when the number of sheets (including check sheets) containing canceled pages would exceed six times the number of sheets (including check sheets) containing canceled pages would exceed six times the number of sheets (including check sheets) containing effective pages. This limitation may be exceeded if necessary to comply initially with a Commission decision or if specifically authorized pursuant to Section 1225.15.
h) If a revised page omits rates or other provisions which had been shown on the page it cancels, the disposition of the omitted matter shall be indicated.
1) If the matter is transferred to another tariff or to another page in the same tariff, that shall be stated.
2) If transferred to another page, the page to which it is transferred shall contain the following notation, or an explanation of the transfer in some other manner, directly with the transferred matter:
For (here state whether rates, rules, provisions, etc., as appropriate) previously in effect, see page(s) ____.
3) If the matter is canceled or expired and not transferred, the page shall so indicate, identifying the canceled or expired matter only to the extent necessary to show what is affected.
i) If five or more pages of a tariff are to be reissued at one time with the same effective date to cancel all provisions or to transfer all provisions to other pages, the reissue and the cancellation may be accomplished by a single printing, showing the individual cancellations. (If for a tariff which has pages printed on both sides of the sheets, this method may only be used when both pages of any particular sheet are being canceled or transferred.)
1) The reissued matter shall clearly show the designation of the page(s) to which matter is being transferred. See subsection (i) of this Section.
2) Where the page designation for that tariff would otherwise appear (i.e., the upper left-hand or upper right-hand corner), the following shall be shown, completed:
____ Revised Page ____.
Cancels Revised Page ____.
3) The automatic cancellation provisions of subsection (g) of this Section may not be used with this procedure.
4) This procedure may not be used when new or other provisions are to be substituted on the pages. However, the pages may be subsequently reissued individually in the regular manner.
j) The check sheet (see Section 1225.405(b)) shall be reissued and filed with the filing of any amendment. The revised check sheet shall:
1) List all effective pages in numerical sequence;
2) Show the latest designation of each page;
3) Indicate those pages which have been revised or added since the previous check sheet;
4) Indicate those pages or supplements which contain only matter under suspension or held in force by reason of suspension; and
5) List all effective, or filed and yet to be effective, supplements.
k) If the "correction number, check off" type of check sheet is used, loose-leaf page amendments issued and filed at one time shall show the same correction number. The first filing shall bear correction No. 1, the second correction No. 2, and so on in consecutive order. In lieu of the foregoing, carriers or agents utilizing the "correction, check off" type of check sheet may issue a file loose-leaf page amendments with sequentially numbered correction numbers. An explanation of the correction numbering system shall be given.
l) Supplements (except supplements canceled by other supplements of like or similar character or content) shall be canceled by reissue of the check sheet containing the updated list of pages, adding the words "also cancels Supplement No. ___" immediately following the words "cancels page ____".
m) Any indexes or tables of contents shall be amended concurrently with changes in the contents of the tariff to show additions, cancellations, and changes as to points and commodities.
n) Supplements to loose-leaf tariffs may be used for the following purposes:
1) Conversion or percentage supplements to provide general rate changes. See Section 1225.935.
2) Transfer or cancellation of provisions, see Subpart K.
3) Suspended matter, see Subpart M.
4) Seasonal rates or fares, see Subpart Z.
5) Transfer of operations (change in name and control), see Subpart L.
6) Take-over publications (transfer of agent), see Subparts B and C; or
7) Postponement of tariffs or tariff matter, see Subpart M.
##### **92 Ill. Adm. Code 1225.820** Reinstatement of Canceled or Expired Provisions {#sec-1225.820 omnilex-key=us-il-regs-official--title-92--1225.820}
If provisions have been eliminated by cancellation or expiration, they may only be reinstated by republication. Rates canceled on the erroneous belief of the carrier or agent that the rates were obsolete (no longer applicable to traffic) may be republished on 5 days' notice.
##### **92 Ill. Adm. Code 1225.825** Changes Are to Be Indicated {#sec-1225.825 omnilex-key=us-il-regs-official--title-92--1225.825}
a) Changes resulting in increases which are not correctly identified shall result in a Commission finding that such changes are unlawfully published and filed and therefore invalid and not collectable.
b) When a change of the same character is made in a number of rates, a statement shall be used in place of symbolizing each of the individual rate changes.
1) The statement shall note the nature of the change.
2) The statement shall be at the top of the title page of the publication or the top of the page(s), containing the rates, with exceptions, if any, so noted.
3) An appropriate reference mark shall be used to indicate any other change not indicated by the general statement on the publication.
c) When tariff matter subject to a reference mark or the wording required by this Section is reissued without change, the reference mark or wording shall be omitted.
d) For suggested reference marks, see Section 1225.405(f)(4).
##### **92 Ill. Adm. Code 1225.830** Reissued Matter {#sec-1225.830 omnilex-key=us-il-regs-official--title-92--1225.830}
a) Matter brought forward without change from one supplement to another in the same tariff shall be designated as "Reissued" and the supplement number from which it is reissued shown, and the effective date of that supplement. Except as provided in subsections (b) and (d) of this Section, this shall be accomplished in one of the following ways:
1) The information shall be published with the reissued matter, for example, "Reissued from Supplement 1, effective June 1, 1990", or
2) With the reissued matter, show the number of the supplement for which it is reissued (see Section 1225.405(1)(4)(F); or
3) Under the explanation of reference marks in the supplement, show the supplement number in the brackets or parentheses and explain it, for example, "[1] Reissued from Supplement 1, effective June 1, 1990," or under the explanation of reference marks in the original tariff, show the empty brackets or parentheses with the following or similar explanation:
Reissued from supplement bearing the number [enclosed within the square]. To determine its original effective date, see that supplement.
b) If the reissued matter is brought forward from a supplement and its effective date had been changed by another supplement, this information shall be shown as indicated. This statement shall either be shown directly with the reissued matter, or elsewhere on the same page with the reissued matter referring to it. The number-in-the-brackets/parentheses method may not be used in this instance.
Reissued from Supplement ______, effective ______________, per Supplement ______.
c) Matter in loose-leaf tariffs being brought forward without change from one page to the next revision of that page shall only be referenced when republishing the cancellation of participating carriers as required by subsection (b) of this Section. The reissue of the canceled carriers may be indicated by:
1) Showing the reference mark with the revision number of the page from which the carrier's names are being reissued; and
2) Publishing under the explanation of reference marks in the tariff, the following or similar note:
Reissued without change from the issue of the same page bearing the revision number (number within the brackets/parentheses). To determine the original effective date see that revised page.
d) If the effective date shown for a provision in the prior supplement or loose-leaf page being canceled is a date later than the general effective date of the new supplement or loose-leaf page in which the provision is being reissued, the number in a reference mark may not be used. The reference to the prior supplement or loose-leaf page and the later effective date shall be stated in full directly with the reissued provision.
##### **92 Ill. Adm. Code 1225.835** Changes in the Explanation of Reference Marks and Notes {#sec-1225.835 omnilex-key=us-il-regs-official--title-92--1225.835}
a) A change in or cancellation of an explanation of a general reference mark or general note or of an item or other provision to which the explanation refers, shall be accompanied by:
1) The republication of all provisions which refer to the reference mark or note;
2) The publication, directly with the changed or canceled explanation, item or other provision, of a list of each tariff provision which refers to the reference mark or note, identifying the provision by item or page number, and supplement number, if any; or
3) The publication, directly with the changed or canceled explanation, item or other provision, of a statement generally describing the effect of the change or cancellation. if this method is used, a notation shall be made at the top of the page(s) containing the change or cancellation that the page(s) contains a changed or canceled reference mark or note, or tariff provision referred to by the mark or note.
b) If new reference marks are added, they need be explained only in the items where they apply rather than amending the original explanation of reference marks.
c) Two explanations of reference mark provisions may be in effect where the second is used to change or add references and the first remains unchanged.
##### **92 Ill. Adm. Code 1225.840** Matter Issued Under Decision or Other Authority {#sec-1225.840 omnilex-key=us-il-regs-official--title-92--1225.840}
Amendments published under authority of a Commission decision requiring specific action or a Commission decision or regulation of this Part which permits less than statutory notice or departure from outstanding requirements shall:
a) Refer to the authority and state to what tariff it applies;
b) State the number of days notice authorized (if less than statutory notice); and
c) State the relief authorized.
##### **92 Ill. Adm. Code 1225.850** Rail Inflation-Based Rate Increases {#sec-1225.850 omnilex-key=us-il-regs-official--title-92--1225.850}
a) Rail carriers or their agents may publish cost recovery tariffs in master tariff format to provide increases in rail rates and charges as authorized by the ICC pursuant to the provisions of 49 U.S.C. 10712.
b) The increases may apply to joint rates and single-line traffic to the extent adopted by individual carriers.
c) A connecting-link, blanket, other supplement or general tariff item shall connect the affected tariffs to the master tariffs.
d) All publications may be filed upon 1 day's notice, with 2-year expiration dates.
e) Annual, accumulated master tariffs may be published to expire no later than September 30 of the second calendar year following the year in which the tariff became effective, by which date all increases shall be transferred to the base tariffs. Extension of any expiration dates may, however, be requested.
f) The master tariffs may not be amended except that new or reduced provisions may be published upon 1 day's notice.
g) The terms of Section 1225.920 as to supplemental volume are waived. Blanket supplements shall conform to the terms of Section 1225.930.
##### **92 Ill. Adm. Code 1225.855** Supplements to Transfer Rate Changes from Master Tariffs or Conversion or Percentage Supplements Into Base Rates {#sec-1225.855 omnilex-key=us-il-regs-official--title-92--1225.855}
a) A supplement (not a conversion supplement) may be filed to a bound tariff for the purpose of incorporating in the base rates all applicable changes effected by the use of a conversion or percentage supplement or a master tariff. The supplement may contain matter from prior supplements provided those supplements are canceled.
b) The title pages of supplements issued under authority of this Section shall bear an explanation note citing this Section.
c) If different increases or reductions apply on related articles shown in an item or descriptive listing of commodities, the rates may be brought forward into the supplement on the basis of the increases or reductions applying to the predominant article in the item or description, provided a statement is included in the supplement that this has been done. The rate changes shall be appropriately referenced except as specified in subsection (d) of this Section for exceptions concerning symbolization.
d) Symbolization of the increases and reductions resulting from the normal rounding-off of fractions or from the use of predominant article authority may be omitted in the supplement, providing the supplement is filed on not less than 45 days' notice and the title page of the supplement also bears the following or a similar statement:
This supplement contains changed bases of rates, charges and provisions which result in increases and reductions. The supplement also contains variations in wording which result in no change in the rates and charges. These changes are not shown by the use of uniform symbols which have been omitted under authority of 92 Ill. Adm. Code 1225: Subpart I.
##### **92 Ill. Adm. Code 1225.900** Changing Provisions of a Bound Tariff {#sec-1225.900 omnilex-key=us-il-regs-official--title-92--1225.900}
a) A supplement may be used to add, delete or change provisions of a tariff.
b) General rules, in addition to rules applicable to tariffs as a whole, are provided in this Subpart.
c) Certain "special supplements" are authorized:
1) Suspension supplements, see Section 1225.1205.
2) Postponing supplements, see Subpart M.
3) Bridge supplements, see Section 1225.925.
4) Blanket supplements, see Section 1225.930.
5) Adoption supplements, see Subpart L.
6) General increase or reduction supplements, see Sections 1225.850 and 1225.935.
7) Cancellation supplements, see Subpart K.
##### **92 Ill. Adm. Code 1225.905** Designation and Title Page Requirements {#sec-1225.905 omnilex-key=us-il-regs-official--title-92--1225.905}
a) Supplements to a tariff shall be consecutively numbered.
b) If a supplement is rejected, its number may not be used again, and a supplement issued in its place shall bear the following notation with the supplement designation:
Issued in place of Supplement ____, rejected by the Commission.
c) With the supplement identification, the publications the supplement cancels shall be shown, as follows:
Cancels Supplement(s) _____.
d) The title page shall list all prior supplements still in effect on the effective date of the supplement, with any special supplements so indicated.
e) A supplement may contain matter having different effective dates provided it is explained on the title page.
##### **92 Ill. Adm. Code 1225.910** Reference Marks {#sec-1225.910 omnilex-key=us-il-regs-official--title-92--1225.910}
Reference may be made to an item or Section in the original tariff containing the explanations. See Subpart I governing partial amendment of reference marks.
##### **92 Ill. Adm. Code 1225.915** Updated List of Items and Units in Effective Supplements {#sec-1225.915 omnilex-key=us-il-regs-official--title-92--1225.915}
Supplements shall contain cumulative lists of items and numbered segments that have been added, changed or canceled by supplement, together with reference to the latest supplement in which each is published.
##### **92 Ill. Adm. Code 1225.920** Number of Supplements, Pages Permitted, and Duration of Tariffs {#sec-1225.920 omnilex-key=us-il-regs-official--title-92--1225.920}
a) Except as otherwise provided pursuant to Section 1225.15, the total number of pages of effective regular supplements may not exceed 70 percent of the number of original pages. There is no separate limit on the number of supplements.
b) The restriction on the number of supplemental pages does not apply to a tariff which is reissued within two years, provided the following notation is shown on the title page of the original tariff:
A reissue of this tariff will become effective not later than (The date of the next reissue shall be shown, and the notation may not be changed or canceled.).
c) A supplement may exceed the limitation of subsection (a) of this Section if it is to comply with a Commission order and contains no other matter.
##### **92 Ill. Adm. Code 1225.925** Bridge Supplements {#sec-1225.925 omnilex-key=us-il-regs-official--title-92--1225.925}
More than one bridge supplement (a publication amending both a bound tariff and its reissue), may be in effect at one time provided the contents are separated as to each tariff and identified as to the tariff being amended showing the item or other segment of each tariff that is being added, changed or canceled. The limitations of Section 1225.920(a) do not apply.
##### **92 Ill. Adm. Code 1225.930** Blanket Supplements {#sec-1225.930 omnilex-key=us-il-regs-official--title-92--1225.930}
A blanket supplement (a common supplement issued jointly to two or more tariffs of the same carrier or agent) may be filed if, in addition to compliance with other rules:
a) The number of copies ordinarily required for each tariff supplement is filed; and
b) The supplement contains, under a heading "List Of Tariffs Supplemented Hereby", the number of each supplement and ILLCC designation of each tariff being supplemented. Any additional provision (such as cancellation notices, items containing matter held in effect, etc.) shall be similarly shown.
##### **92 Ill. Adm. Code 1225.935** Percentage and Conversion Supplements {#sec-1225.935 omnilex-key=us-il-regs-official--title-92--1225.935}
a) Percentage supplements
1) A supplement that expresses the amount of change as a percentage by which the rates in a tariff or a portion of the tariff are to be increased or reduced may be filed.
2) The supplement shall show how to compute the increased or reduced rates, how to dispose of fractions, and how to compute multiple-factor rates by use of arbitraries or other means.
3) Subsequent amendments must state whether they are subject to the percentage change.
b) Conversion supplements
1) Conversion supplements may be filed to convert rates in a tariff or a portion of the tariff to a higher or lower level without publishing the items or provisions containing the base rates.
2) Conversion supplements must show the base rates (rates being changed) and the new rates.
3) If all rates that are changed in the tariff are not included in a conversion table, the conversion supplement must show the mathematical procedure or formula to be used in computing the new rates, the procedure for disposal of fractions, and the procedure for computing multiple-factor rates by use of arbitraries or other means.
c) Only one percentage or conversion supplement may be in effect at one time.
d) Percentage and conversion supplements shall expire 2 years after filing.
e) The title page of a percentage or conversion supplement shall state whether the change is an increase or reduction and shall show the expiration date of the supplement.
f) Percentage and conversion supplements shall state the extent to which the supplement is applicable within the tariff and any exceptions.
g) Only matter pertaining to the percentage rate change or conversion may be included in a percentage or conversion supplement.
##### **92 Ill. Adm. Code 1225.1000** Cancellation of an Entire Tariff {#sec-1225.1000 omnilex-key=us-il-regs-official--title-92--1225.1000}
a) Except as provided in subsection (d) of this Section, a tariff shall be canceled by issuing a supplement. The supplement shall:
1) State on its title page that it cancels the tariff;
2) Refer by ILLCC designation to the tariff(s), if any, which applies in place of the canceled provisions; and
3) Identify provisions being transferred (not discontinued and the tariffs to which they are being transferred.
b) Tariff publications to which a transfer is made shall so indicate.
c) If, in connection with transfer of provisions, a carrier is being added as a participant in an agent's tariff, carrier's name and motor carrier number must be added to the list of participating carriers.
d) When the provisions of a tariff are to be transferred to a new tariff only, issued by the same carrier or agent(s), the cancellation shall be made by the new tariff by showing on its title page or within that it cancels the prior issue. If some of the provisions of the prior issue are being discontinued, the new tariff shall indicate the tariff(s) containing provisions, if any, which will apply in the place of the prior issue.
##### **92 Ill. Adm. Code 1225.1005** Cancellation of Part of a Tariff {#sec-1225.1005 omnilex-key=us-il-regs-official--title-92--1225.1005}
a) Cancellation of a part of a tariff shall be made by publishing amendments in the regular manner, or by a statement in a special supplement, if:
1) The statement identifies the canceled material (by item, section, or page);
2) Matter being transferred to another tariff(s) is identified and the tariff(s) to which it is transferred is identified;
3) Reference is made to the tariff(s) (if any) which will apply in place of the discontinued matter;
4) Tariff publications to which matter is being transferred indicate the tariff which formerly contained the matter; and
5) The effective date of the canceling supplement and publications(s) effecting any transfer is the same.
b) The special supplement shall remain in effect for the life of the tariff, or, in the case of loose-leaf tariffs, when all the affected pages have been reissued (the reissued pages shall refer to the special supplement for the initial cancellation of the involved provisions).
c) The special supplement to a bound tariff may contain cancellations in the regular manner and is exempt from the supplemental limitations in Section 1225.920.
d) In a bound tariff, a reissue of an item or segment affected by the statement form of cancellation shall specifically cancel the prior item or segment and make reference to the special supplement for the initial cancellation.
##### **92 Ill. Adm. Code 1225.1100** General Provisions of Subpart L {#sec-1225.1100 omnilex-key=us-il-regs-official--title-92--1225.1100}
a) As used in this Subpart:
"Adoption publication" refers to adoption notices, and combination adoption notices and adoption supplements.
"New carrier" refers to the new name of the old carrier or to the party to which the operating authority is transferred; and
"Old carrier" refers to the carrier or party whose name is changed or whose operating authority is transferred;
b) When a carrier's name is lawfully changed or its operating authority transferred, entirely or partly, to a legal entity with a different name or license number, tariff adjustments must be made.
##### **92 Ill. Adm. Code 1225.1105** Purpose of Adoption Notices {#sec-1225.1105 omnilex-key=us-il-regs-official--title-92--1225.1105}
a) Adoption notices shall be filed to reflect new ownership or control, pending the filing of an adoption supplement, when:
1) A carrier's name is lawfully changed;
2) A carrier's operating authority is transferred, entirely or partially, to a legal entity with a different name or license number; or
3) A fiduciary (receiver, trustee, etc.) assumes possession and control of a carrier's property; and when the carrier wishes (for whatever period) to use the old carrier's tariffs.
b) In addition to the adoption notice, an adoption supplement shall be filed to reflect the new carrier's adoption of the old carrier's tariff(s). The adoption supplement must be filed within 180 days after the adoption notice.
##### **92 Ill. Adm. Code 1225.1110** When Adoption Notice Only Is Required {#sec-1225.1110 omnilex-key=us-il-regs-official--title-92--1225.1110}
The new carrier shall file an adoption notice, in its own name and in tariff form, if the old carrier has no effective tariffs of its own (or predecessor's) issue to be adopted, but does have rates or other provisions in an agent's or another carrier's tariff(s) to be adopted.
##### **92 Ill. Adm. Code 1225.1115** Form of Adoption Notice {#sec-1225.1115 omnilex-key=us-il-regs-official--title-92--1225.1115}
The adoption notice shall be prepared substantially as follows (names and numbers used for illustration only):
MF-ILL.C.C. 1
John Doe Transport, Inc., Adoption Notice
[identify what is adopted and from whom]
Issued: [show date prepared]
Effective: [show date]
Issued by [identify publisher and address].
##### **92 Ill. Adm. Code 1225.1130** Illcc Designation to Be Used {#sec-1225.1130 omnilex-key=us-il-regs-official--title-92--1225.1130}
The ILLCC designation assigned to adoption notices shall be in the new carrier's series, except that adoption notices filed by a fiduciary or operator of a carrier (under a Commission order authorizing temporary operation pending transfer) shall be in the old carrier's series and the designation shall be identified by naming the old carrier followed by "series."
##### **92 Ill. Adm. Code 1225.1135** Effective Date of Adoption Publications {#sec-1225.1135 omnilex-key=us-il-regs-official--title-92--1225.1135}
a) The effective date of adoption publications is the date the adoption occurs. Adoption publications shall be filed, if possible, prior to the effective date of the publication.
b) Each agent or carrier to whom the old carrier issued a concurrence or power of attorney being adopted shall be furnished a copy of the adoption publication.
c) If the transfer of operating authority to the new carrier requires approval by the Commission, the effective date of the publication may not be prior to the effective date of the approval.
##### **92 Ill. Adm. Code 1225.1140** When Name of Old Carrier Need Not Be Shown {#sec-1225.1140 omnilex-key=us-il-regs-official--title-92--1225.1140}
If a carrier readopts tariffs of its own issue, which had been adopted by another party, it need not identify those tariffs as being in its own series.
##### **92 Ill. Adm. Code 1225.1145** Temporary Control {#sec-1225.1145 omnilex-key=us-il-regs-official--title-92--1225.1145}
a) If a party's authority to assume operating control of a carrier under Section 18c-4301 of the Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-4301) is not made permanent, the old carrier shall reassume operating control by filing an adoption notice.
b) The effective date of the adoption publication is the date the other party's authority to assume operating control of the carrier expires or is vacated.
##### **92 Ill. Adm. Code 1225.1150** Fiduciaries {#sec-1225.1150 omnilex-key=us-il-regs-official--title-92--1225.1150}
a) When a fiduciary assumes possession or operating control of a carrier, tariff publications and other instruments shall show the name of the carrier, followed by the name and capacity of the fiduciary.
b) Upon termination of the fiduciary's possession or control, the party assuming control of the carrier's property shall comply with the regulations in this Section.
##### **92 Ill. Adm. Code 1225.1155** Tariffs or Schedules, Concurrences, Powers of Attorney, Contracts, and Special Permissions {#sec-1225.1155 omnilex-key=us-il-regs-official--title-92--1225.1155}
a) If an adoption notice is filed under this Subpart, the old carrier's effective tariffs or schedules, concurrences, powers of attorney, and any contracts and special permissions become those of the new carrier upon the filing of the notice and remain effective for a period of 180 days unless canceled, revoked, or replaced by the new carrier. Within 180 days, new concurrences, powers of attorney, and contracts must be filed by the new carrier.
b) The filing of an adoption supplement shall make tariffs, schedules, and special permissions applicable thereafter to the new carrier, but the new carrier must file new concurrences, powers of attorney, tariffs, schedules, and contracts within 180 days.
##### **92 Ill. Adm. Code 1225.1160** Tariffs Issued by Other Carriers or by Agents {#sec-1225.1160 omnilex-key=us-il-regs-official--title-92--1225.1160}
a) If the old carrier is listed in a participating carrier tariff, the participating carrier tariff shall be amended as provided in Subpart Q.
b) If tariff provisions contained in a tariff not issued in the old carrier's name need to be adopted, and the tariff contains its own list of participating carriers, the tariff shall be amended on lawful notice to reflect the adoption, in the manner required by subsections (c) and (d) of this Section.
c) If adopted entirely, the old carrier's name shall be brought forward and its participation canceled. Directly with the cancellation shall be reference to a statement substantially as follows:
(New carrier's name) by its adoption notice (ILLCC designation) which became effective on (date), is substituted for (old carrier's name) wherever it appears in this tariff.
d) If adopted partially, the old carrier's name may be canceled only if there are no provisions remaining in the tariff for its account. If not already shown as a participant, the new carrier shall be added. Directly with the old carrier's name (or cancellation of its participation) shall be reference to a statement substantially as follows:
(New carrier's name) by its adoption notice (ILLCC designation) which became effective on (date), to the extent that they contain rates or other provisions applying (describe the authority transferred), is substituted for (old carrier's name) wherever it appears in this tariff.
##### **92 Ill. Adm. Code 1225.1165** Cancellation of Provisions in Partially Adopted Tariffs {#sec-1225.1165 omnilex-key=us-il-regs-official--title-92--1225.1165}
a) Rates or other provisions in a tariff in the old carrier's name, which apply locally and are involved in the partial transfer of authority to a new carrier, shall be canceled and published in tariffs of the new carrier's (or its agent's) issue.
b) Items, units, or loose-leaf pages may not be reissued to effect the cancellation. Instead, the cancellation shall be made by a statement substantially as follows:
Provisions formerly shown in (identify provisions by item number, segment, page, Section, or table) which were adopted by new carrier's name) are canceled. Apply provisions in (identify provisions by item number, segment, page, Section, or table) of (issuing carrier's or agent's name and ILLCC designation of tariff).
c) The cancellation statement shall be published in a special supplement to the tariff, whether bound or loose-leaf, which:
1) Shall be filed on lawful notice within 120 days of the adoption publication's effective date;
2) Is exempt from limitations on volume of supplemental matter imposed by Section 1225.920.
3) Shall become effective concurrently with the establishment of corresponding provisions for the new carrier's account; and
4) Shall remain in effect for the life of the tariff.
d) Rates and other provisions covering the adopted authority shall be filed on lawful notice on the new tariff(s) to become effective concurrently with the cancellation of the corresponding provisions from the old carrier's tariffs.
##### **92 Ill. Adm. Code 1225.1170** Reservation of Supplement Numbers for New Carrier's Use {#sec-1225.1170 omnilex-key=us-il-regs-official--title-92--1225.1170}
To unused supplement numbers shall be reserved for each new carrier's use. One of the numbers shall be assigned to the adoption publication and the other to the cancellation supplement.
##### **92 Ill. Adm. Code 1225.1175** Subsequent Supplements or Loose-Leaf Pages {#sec-1225.1175 omnilex-key=us-il-regs-official--title-92--1225.1175}
a) Subsequent supplements or loose-leaf pages to adopted tariffs issued by the old carrier (or its predecessor) shall show the name of the carrier in whose ILLCC designation series the tariff was issued originally, except when the old carrier readopts its own tariff.
b) Subsequent supplements or pages shall be filed by:
1) The new carrier if the tariff was adopted entirely; or
2) The old carrier if the tariff was adopted partially, except as provided in Section 1225.1165.
##### **92 Ill. Adm. Code 1225.1180** Describe Former Tariff When Canceling {#sec-1225.1180 omnilex-key=us-il-regs-official--title-92--1225.1180}
When canceling tariffs issued or adopted by the old carrier, the new carrier shall identify the tariffs in the cancellation notice by:
a) ILLCC designation;
b) Issuing carrier's name; and
c) Reference to the series in which the tariff was published, if the old carrier published tariffs in more than one series.
##### **92 Ill. Adm. Code 1225.1185** Adoption Supplements Are Non-Counting {#sec-1225.1185 omnilex-key=us-il-regs-official--title-92--1225.1185}
Adoption supplements are exempt from the limitations on volume of supplemental matter as contained in Section 1225.920.
##### **92 Ill. Adm. Code 1225.1200** Effect of Suspension {#sec-1225.1200 omnilex-key=us-il-regs-official--title-92--1225.1200}
When the Commission suspends one or more rate(s), provision(s) or publication(s) as provided in Section 18c-3204(2) of the Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-3204)(2)), that suspended matter is postponed until the suspension period runs out.
##### **92 Ill. Adm. Code 1225.1205** Supplement Required for Suspensions {#sec-1225.1205 omnilex-key=us-il-regs-official--title-92--1225.1205}
a) A supplement announcing the suspension shall be filed to the involved tariff(s).
b) Two methods of publishing may be used.
1) Issue a separate supplement for each suspension proceeding; or
2) Issue a consolidated suspension supplement which contains notices of all suspension proceedings involving the tariff.
c) Only one consolidated supplement to a tariff may be in effect at one time.
d) The title page of either type of supplement shall:
1) Identify the Commission's suspension docket number;
2) show an issue date but not an effective date; and
3) Comply with the requirements governing tariff amendments, except as otherwise provided in Subpart M.
##### **92 Ill. Adm. Code 1225.1210** Contents of Supplement {#sec-1225.1210 omnilex-key=us-il-regs-official--title-92--1225.1210}
The supplement shall:
a) Identify the rates, provisions or publications which have been suspended;
b) State that those rates, provisions or publications are
"under suspension and may not be used until (here show either the date to which the matter has been suspended, or a later date, or state "this suspension notice is canceled");"
c) Identify the rates, provisions or publications that will apply in place of the suspended matter;
d) Correct the statement of any cancellations which would have the effect of canceling the suspended matter or the matter held in force; and
e) Correct the listing of effective supplements on previous supplements' title pages.
##### **92 Ill. Adm. Code 1225.1215** Additional Requirements for Consolidated Supplements {#sec-1225.1215 omnilex-key=us-il-regs-official--title-92--1225.1215}
a) The consolidated supplement shall provide information for each suspension proceeding.
b) The matter shall be amended and reissued as provided in this Part except as follows:
1) If it is necessary to issue a publication to reflect changes in a corrected decision of the Commission, the supplement shall be reissued and explained with the appropriate changes made.
2) If the suspended matter is made effective, canceled, or reissued the involved matter shall be canceled (as provided in this Part) in the same supplement as the change or reissue of the suspended matter.
3) If the suspended matter becomes effective because of the expiration of the suspension or postponement period, the explanatory matter shall be canceled (as provided in this Part) in the next regular supplement to the tariff.
##### **92 Ill. Adm. Code 1225.1220** Additional Requirements for Separate Suspension Supplements {#sec-1225.1220 omnilex-key=us-il-regs-official--title-92--1225.1220}
a) Separate supplements announcing individual suspensions to a bound tariff shall be canceled by:
1) The supplement containing the change or reissue of the suspended matter; or
2) The next regular supplement if the suspended matter becomes effective because of the expiration of the suspension or postponement period.
b) Separate supplements announcing individual suspensions to a loose-leaf tariff shall be canceled by reissuing the check sheet with an effective date concurrent with the change or reissue.
c) Suspension information may not be canceled in full unless all of the involved matter under suspension is canceled, becomes effective or is reissued.
##### **92 Ill. Adm. Code 1225.1225** Extension of Suspension Period {#sec-1225.1225 omnilex-key=us-il-regs-official--title-92--1225.1225}
If the Commission extends the suspension period, the suspension notice shall be republished, canceling the first notice, and the statements adapted to the new action taken, with reference to the facts of the first suspension as provided in Section 18c-3204(2) of the Law. Subsequent handling of the matter shall proceed as prescribed for suspension matters in this Subpart.
##### **92 Ill. Adm. Code 1225.1230** Suspended Matter Reissued Prior to Notice {#sec-1225.1230 omnilex-key=us-il-regs-official--title-92--1225.1230}
If suspended matter has been reissued prior to the filing of the explanatory notice, the notice shall cancel (by statement) the reissued matter. The cancellation statement shall have the same effective date as the reissued matter.
##### **92 Ill. Adm. Code 1225.1235** Changed Suspended Matter {#sec-1225.1235 omnilex-key=us-il-regs-official--title-92--1225.1235}
If suspended matter has been changed prior to the filing of a suspension notice, the matter shall be republished in the regular manner to remove any violation of the suspension decision, as provided in Section 1225.1240. Also see Section 1225.1250.
##### **92 Ill. Adm. Code 1225.1240** Reissuing Suspended Matter After Notice {#sec-1225.1240 omnilex-key=us-il-regs-official--title-92--1225.1240}
a) If a suspension notice has been filed, the matter under suspension and the matter held in force by reason of the suspension may be reissued (without change) in the regular manner provided the explanatory notice is brought forward from the suspension supplement.
b) If suspended matter or matter held in force is reissued, the publication shall be made in a manner that insures that if the suspension or postponement period ends, the matter held in force is canceled or superseded by the effectiveness of the suspended matter.
c) Original tariffs or supplements containing reissued suspended matter shall identify the suspended matter.
##### **92 Ill. Adm. Code 1225.1245** Postponement of Suspended Matter {#sec-1225.1245 omnilex-key=us-il-regs-official--title-92--1225.1245}
a) A postponement notice may be filed at any time on 1 day's notice during the suspension period, provided:
1) It becomes effective prior to the end of the suspension period;
2) It states that the postponed matter may not be used during the postponement period; and
3) The specific date to which the matter is postponed is shown, or the statement "postponed until this notice is canceled" is shown.
b) Suspended matter postponed to a specific date may be further postponed if done prior to the end of the previous postponement period, and the previous notice is canceled.
c) The postponement notice may be canceled at any time after the end of the suspension period.
##### **92 Ill. Adm. Code 1225.1250** Changes and Cancellation During the Suspension Period {#sec-1225.1250 omnilex-key=us-il-regs-official--title-92--1225.1250}
Suspended matter or matter held in force may be changed or canceled during the suspension period, as follows:
a) Suspended matter may be canceled in whole or in part on 1 day's notice if:
1) The cancellation is to become effective prior to the end of the suspension (or postponement) period, or the effective date of a final decision in the proceeding, whichever is earlier; and
2) At the time of filing, all parties of record and the Commission, shall be notified (with reference to the involved docket number) of the tariff publication(s) and its effective date. The notice to the Commission shall certify that the parties of record have been notified, and a copy of that notice (if in writing) shall be sent with the tariff publications submitted for official filing.
b) When suspended matter is canceled, it may not be republished to become effective on less than statutory notice, absent special permission.
c) The matter held in force shall be republished (without change) in the same publication containing, and concurrently with, the cancellation of the suspended matter if the matter held in force:
1) Is in the same tariff as the suspended matter and was to be specifically canceled by it; or
2) Is in a prior issue of the tariff containing the suspended matter.
d) Cancellation of suspended matter in a bound tariff shall be made in a supplement. Cancellation of suspended matter in a loose-leaf tariff shall be made by loose-leaf page amendment, unless the tariff only contains the suspended matter, then cancellation shall be made by supplement. If a tariff contains only the suspended matter (or if the suspended matter is a conversion supplement), the cancellation may be made by publishing a notice of cancellation in the supplement, and either bringing forward the matter held in force, or referring to its location.
e) Postponement provisions shall be canceled concurrently with, and on the same notice as, the cancellation of the suspended matter. The postponement provisions shall be canceled in the same supplement as the cancellation of the suspended matter, or, if cancellation of the suspended matter is by loose-leaf page amendment, by the check sheet.
##### **92 Ill. Adm. Code 1225.1255** Commission Vacates Suspension or Finds Suspended Matter Justified {#sec-1225.1255 omnilex-key=us-il-regs-official--title-92--1225.1255}
a) If the Commission vacates a suspension or finds the matter justified, the suspended matter may be made effective on 1 day's notice, but not earlier than the effective date of the Commission's decision.
b) Suspended matter in a bound tariff, or nonreissued suspended matter in a loose-leaf tariff, may only be made effective by publishing a notice in a supplement to the tariff. Reissued suspended matter in a loose-leaf tariff may only be made effective by publishing a notice on a reissue of the involved page(s). The notice shall identify the suspended matter, state the effective date, and cancel any postponement notice. If the suspended matter was to specifically cancel the matter held in force in the same tariff, or the matter held in force was to have expired, the matter held in force shall be specifically canceled with the same effective date and on the same notice.
c) If a new tariff had provided for cancellation of another tariff, but that cancellation was nullified because of the suspension, the other tariff shall be canceled by a statement in a supplement to the new tariff. Otherwise, if a tariff contains only matter held in force by the suspension and the matter is required to be canceled, the cancellation of the tariff shall be made by supplement to that tariff.
d) Changes or additions to a tariff containing matter held in force because of the entire suspension of another tariff may be brought forward without change into the other tariff. The publication shall be by supplement to a bound tariff and by loose-leaf page amendment to a loose-leaf tariff. If this is done, the tariff containing the matter held in force shall be concurrently canceled by supplement.
##### **92 Ill. Adm. Code 1225.1260** Suspended Matter Ordered Canceled {#sec-1225.1260 omnilex-key=us-il-regs-official--title-92--1225.1260}
If suspended matter is ordered canceled, the cancellation may be made on 1 day's notice, unless otherwise ordered pursuant to Section 1225.15
##### **92 Ill. Adm. Code 1225.1265** Exemption from Volume Restrictions {#sec-1225.1265 omnilex-key=us-il-regs-official--title-92--1225.1265}
Tariff amendments required or permitted to be filed and matter held in force under the authority of this Subpart are, for the life of the tariff, exempt from the provisions of Section 1225.920 pertaining to the volume of effective supplements or loose-leaf page amendments.
##### **92 Ill. Adm. Code 1225.1270** Reference to Commission Suspension Decisions {#sec-1225.1270 omnilex-key=us-il-regs-official--title-92--1225.1270}
Publications issued under authority of this Subpart shall refer to this Subpart and to the investigation and suspension docket number.
##### **92 Ill. Adm. Code 1225.1275** Court Orders {#sec-1225.1275 omnilex-key=us-il-regs-official--title-92--1225.1275}
Restraining orders, injunctions, or other court orders having the effect of suspending the operation of tariff provisions shall be reflected in tariffs in the same manner as suspension decisions.
##### **92 Ill. Adm. Code 1225.1300** Rates or Other Provisions Prescribed by the Commission {#sec-1225.1300 omnilex-key=us-il-regs-official--title-92--1225.1300}
If the Commission requires publication of certain rates or provisions, a carrier or agent shall:
a) Publish the rate or provisions on statutory notice, unless otherwise specifically authorized, with reference in the tariff publication to the decision in the manner required by this part;
b) Notify the Commission when the decision has been complied with, referring to the docket number of the decision; and
c) Identify, in the notice of compliance, the item, page, supplement and tariff where the complying provisions are published.
##### **92 Ill. Adm. Code 1225.1400** How and When Expiration Dates Are to Be Shown {#sec-1225.1400 omnilex-key=us-il-regs-official--title-92--1225.1400}
a) An original tariff or a supplement may be shown to expire by placing the following on the title page: "This tariff (supplement) expires with (here show date) unless sooner canceled, changed, or extended."
b) An expiration date of an original tariff or a prior supplement may be added or changed in a supplement by providing an explanatory statement on the title page. If the supplement is reissued, the amended or added expiration date statement shall be reissued in the regular manner.
c) An item or other part of a tariff may be shown to expire by publishing the following statement within the item: "Expires (here show date)."
d) Matter may also be shown to expire by referencing it with a reference mark which shall be explained as "Subject to the expiration date shown in item (here show expiration date item number)." The expiration date item, reserved for this purpose only, shall identify the matter referred to and show the expiration dates.
##### **92 Ill. Adm. Code 1225.1405** Extension of Expiration Dates {#sec-1225.1405 omnilex-key=us-il-regs-official--title-92--1225.1405}
An expiration date may be canceled or extended to a later date. However, the extension may not be made effective after the expiration date. Also see Subpart M.
##### **92 Ill. Adm. Code 1225.1500** Tariffs Listing Carriers' Operating Authority Applicable to Motor Carriers of Property {#sec-1225.1500 omnilex-key=us-il-regs-official--title-92--1225.1500}
a) A separate tariff containing a description of carriers' operating authorities (a "scope" tariff) may be filed. A scope tariff shall contain a statement explaining that the application of rates and provisions in tariffs governed by it is limited to the extent of the carrier's operating authority published in the scope tariff.
b) A description of the carrier's operating authority may not be used as a substitute for describing commodities or territories for rate application.
c) If rate tariffs are governed by more than one scope tariff, each scope tariff shall be referred to in the rate tariff as a governing publication.
d) A scope tariff may be combined with a participating carrier tariff, a rate basis tariff, and/or a rules tariff.
e) A scope tariff shall contain the certificated name of the carrier, the motor carrier number as assigned by the Commission, and the complete operating authority as granted by the Commission.
##### **92 Ill. Adm. Code 1225.1600** Separate Tariffs May Be Filed by Agents {#sec-1225.1600 omnilex-key=us-il-regs-official--title-92--1225.1600}
a) An alphabetical list of carriers participating in agent's tariffs, along with a description of the under-lying tariffs, may be filed in a separate tariff (not a rate tariff). The title page of the participating carrier tariff shall state that it applies only in connection with tariffs referring to it. If the tariff governs tariffs issued jointly by two or more agents, it shall be a joint issue (see Section 1225.300).
b) Except for statements explaining the extent of carriers' participation in governed tariffs (for example, only for local hauls or only for joint hauls) the tariff may not contain provisions governing rate application.
##### **92 Ill. Adm. Code 1225.1605** List of Carriers {#sec-1225.1605 omnilex-key=us-il-regs-official--title-92--1225.1605}
a) The list of participating carriers shall be constructed in the manner required by this Part. Carriers' motor carrier numbers may be shown directly with the carriers' names.
b) All governed tariffs in which a carrier participates shall be referred to by ILLCC designation directly with the carrier's name. The participation of all carriers in the participating carrier tariff may be provided by a statement, rather than listing the tariff designation with the carriers' name.
##### **92 Ill. Adm. Code 1225.1610** List of Tariffs {#sec-1225.1610 omnilex-key=us-il-regs-official--title-92--1225.1610}
An agent's participating carrier tariff shall contain a current and correct list of its tariffs, including those which contain their own list of participating carriers or which are issued jointly with another agent(s). If the participating carrier tariff is a joint issue, only the tariffs of the principal agent need be listed. The tariffs shall be listed in numerical order. Each tariff listed shall be described so that its general application may be determined without examining the tariff itself.
##### **92 Ill. Adm. Code 1225.1615** Cancellation of Participating Carriers {#sec-1225.1615 omnilex-key=us-il-regs-official--title-92--1225.1615}
a) Except as provided in Section 1225.1625, when a carrier's participation in a participating carrier tariff or governed tariff is canceled, all reference to the carrier in the involved tariff(s) shall be canceled.
b) The cancellation may be accomplished either by:
1) Amending all matter to eliminate reference to the carrier; or
2) Publishing a blanket cancellation notice. The blanket cancellation shall be published in the participating carrier tariff and shall be referred to in the cancellation of the carrier's name. A provision referring to the canceled carrier may not be republished without concurrent cancellation of the reference to that carrier and all matter shall be amended.
c) In a bound tariff the canceled carrier's name (and reference to the blanket cancellation notice, if used) shall be carried forward as reissued matter in the list of participating carriers.
d) In a loose-leaf tariff, the carrier's name (and reference to the blanket cancellation notice, if used) and the date the cancellation became effective shall be republished in successive issues of the list of participating carriers until all provisions referring to the carrier are amended.
##### **92 Ill. Adm. Code 1225.1620** Reinstatement of Participating Carriers {#sec-1225.1620 omnilex-key=us-il-regs-official--title-92--1225.1620}
If a carrier's participation is canceled and reinstated at a later date, the tariff shall so explain. This explanation shall be referred to directly with the reinstated carrier's name until the participating carrier tariff is reissued.
##### **92 Ill. Adm. Code 1225.1625** Adoptions {#sec-1225.1625 omnilex-key=us-il-regs-official--title-92--1225.1625}
a) If a carrier adopts another carrier, wholly or partially, the adoption shall be announced and explained in the participating carrier tariff. This announcement shall be continued in the tariff and reissues until a carrier adopted wholly is no longer referred to in any provision of the governed tariffs, and until a carrier adopted partially is no longer referred to in those provisions in the governed tariff affected by the partial adoption.
b) The name of a wholly adopted carrier shall be canceled from the list of participating carriers. The name of a partially adopted carrier may not be canceled from the list of participating carriers unless its remaining rates and provisions are not published in the agent's tariff(s). Reference to the adoption and the cancellation shall be continued until the participating carrier tariff is reissued.
##### **92 Ill. Adm. Code 1225.1630** Participating Carrier Tariff May Include Other Provisions {#sec-1225.1630 omnilex-key=us-il-regs-official--title-92--1225.1630}
Provisions authorized to be published in a routing guide, points of service, or a scope tariff, may be published in a participating carrier tariff provided application of each category is stated.
##### **92 Ill. Adm. Code 1225.1700** Separate Tariffs May Be Filed {#sec-1225.1700 omnilex-key=us-il-regs-official--title-92--1225.1700}
Rate groups or rates bases for determination of rates between points named in the rate tariff may be filed in a separate tariff. The tariff may contain routing and operating authority provisions, waybilling instructions and divisions. No tariff may be governed by more than two rate group or rate basis tariffs, one for origin points and one for destination points.
##### **92 Ill. Adm. Code 1225.1705** Points and Rate Group or Basis to Be Listed {#sec-1225.1705 omnilex-key=us-il-regs-official--title-92--1225.1705}
Railroad basing tariffs shall list the location of each station or refer by ILLCC designation to a station list tariff. Directly with each point listed shall be published either its assigned rate group or reference to an item providing that information. Exceptions to the rate group shall be published.
##### **92 Ill. Adm. Code 1225.1710** Arbitraries or Differentials {#sec-1225.1710 omnilex-key=us-il-regs-official--title-92--1225.1710}
Amounts to be added to ("arbitraries") or subtracted from ("differentials") base rates may be published either directly with each point or in an item referred to directly with each point. Provisions governing arbitraries or differentials which differ from those governing the base rates shall be referred to directly with the arbitraries or differentials (see Section 1225.505).
##### **92 Ill. Adm. Code 1225.1800** Classification Tariffs {#sec-1225.1800 omnilex-key=us-il-regs-official--title-92--1225.1800}
a) A classification of commodities may be published as a separate tariff. The classification shall list the various commodities and assigned class of each. What ever organization is used within the tariff shall be stated.
b) Rules having general application may be published in a classification. The rules shall precede the itemized list of articles.
##### **92 Ill. Adm. Code 1225.1805** Exceptions Tariff {#sec-1225.1805 omnilex-key=us-il-regs-official--title-92--1225.1805}
a) Exceptions to the classification provisions may be published in a separate tariff.
b) Exceptions tariffs shall be published as required by this Part governing tariffs content generally. The title page shall contain the following statement:
The tariff applies only in connection with tariffs referring to it by ILLCC designation.
c) For substantive requirements applicable to motor carriers of property, see 92 Ill. Adm. Code 1300.
##### **92 Ill. Adm. Code 1225.1810** Rules Tariffs {#sec-1225.1810 omnilex-key=us-il-regs-official--title-92--1225.1810}
Governing provisions may be published in a separate tariff or tariffs provided the application and any exceptions are specifically stated.
##### **92 Ill. Adm. Code 1225.1815** Dangerous Articles Tariffs {#sec-1225.1815 omnilex-key=us-il-regs-official--title-92--1225.1815}
The United States or Illinois Department of Transportation's regulations governing the acceptance and transportation of dangerous articles and hazardous materials may be reproduced and filed in a separate tariff (See Section 1225.405(f)(4)).
##### **92 Ill. Adm. Code 1225.1820** Participation in Governing Publications {#sec-1225.1820 omnilex-key=us-il-regs-official--title-92--1225.1820}
Carriers participating in tariffs which refer to and are governed by separate tariffs (classifications, exceptions, rules etc.) shall also participate in those governing separate tariffs, unless specifically stated in the governed tariffs that provisions in the separate tariffs will not apply for their account. This does not require participation in local drayage tariffs or in terminal and special services tariffs applicable only for the issuing carrier. Carriers participating in a rate tariff solely to provide substituted service at another carrier's options need not participate in the governing tariffs. See Section 1225.2505.
##### **92 Ill. Adm. Code 1225.1825** List of Stations Showing Facilities, Additions and Abandonments {#sec-1225.1825 omnilex-key=us-il-regs-official--title-92--1225.1825}
a) A tariff publication may be filed containing a list of stations with the railroad location of each, alphabetically and geographically arranged with index numbers, prepay requirements, station facilities, additions of stations, abandonments of stations, changes in names of stations, and restrictions as to acceptance and delivery of freight. No rates or charges and no matter that will in any way increase or decrease the rate or charge in tariffs making reference to this publication may be shown. Changes in the tariff may be made on not less than 1 day's notice, except that announcement of the restrictions as to the acceptance or delivery of freight shall be made effective on not less than statutory notice.
b) Changes made on less than statutory notice under the authority of this Section shall state that they are so made.
c) Rate tariffs that are to be governed by the separate tariff publication shall so state, and their application clearly explained.
d) When a station has been abandoned as of a date specified in the tariff authorized by this Section, the rates from or to the station are inapplicable and shall be eliminated in the next amendment of the rate tariffs.
1) When the elimination is made by supplement, the following notation shall be used:
"Eliminate (here show station name) − station abandoned. For effective date see (the governing tariff issued under this Part)."
2) This notation must be continued in connection with the name of the station as long as the tariff remains effective, and indicated as a reissue from the supplement in which it was first published, but without stating the effective date of the supplement.
##### **92 Ill. Adm. Code 1225.1900** General Rules {#sec-1225.1900 omnilex-key=us-il-regs-official--title-92--1225.1900}
Carriers or their agents shall publish and file with the Commission all rules and charges governing accessorial services, terminal services, allowances, absorptions, and other practices or privileges. The rules governing the rate, if any, shall be stated separately. The amount of the charges shall be included or the method of determining the charges if the carrier is acting as collection agent for a third party or is advancing payment, e.g., as for tolls, ferry charges, and special permits.
##### **92 Ill. Adm. Code 1225.1905** Method of Publication {#sec-1225.1905 omnilex-key=us-il-regs-official--title-92--1225.1905}
a) Rules and charges referred to in Section 1225.1900 may be published either in:
1) The line-haul rate tariff;
2) Separate tariffs which are referred to in the rate tariff by specific ILLCC designation; or
3) Separate tariffs combined with a clause in the rate tariff which identifies the services offered in connection with the rate and indicates that other tariffs of the carrier contain the application charges.
b) A rate tariff issued in a carrier's name may refer to its agent's terminal services tariffs as well as its own, provided application of the various tariffs is stated.
##### **92 Ill. Adm. Code 1225.1910** Pickup and Delivery Service {#sec-1225.1910 omnilex-key=us-il-regs-official--title-92--1225.1910}
a) When applicable to a carrier's service, rates shall specify whether rates include pickup and delivery and, if so, the relevant geographic area, and governing conditions.
b) If pickup and delivery service is performed beyond the limits of the point at which the rate applies, the larger area shall be described in the rate tariff.
##### **92 Ill. Adm. Code 1225.1915** Switching Charges {#sec-1225.1915 omnilex-key=us-il-regs-official--title-92--1225.1915}
a) This Section applies only for railroads.
b) Carriers performing switching service on intrastate shipments shall file a tariff or tariffs containing their charges for that service. The switching tariff shall name the stations, warehouses, teams or industrial tracks, or other points at which shipments will be received or delivered within the switching limits, or shall otherwise clearly define the switching limits. Charges may be published in more than one tariff, provided application of each is clear. The tariff shall explain the amount to be paid by the shipper and the amount to be absorbed, as applicable.
c) Absorption provisions shall be published in a rate, switching or absorption tariff of the line haul carrier and all provisions on the same tariff shall be published only in one tariff, except as provided in subsection (e) of this Section.
d) The carrier whose charges are absorbed and the amount absorbed shall be stated. If charges are partially absorbed, the rate tariff shall state that the unabsorbed charges will be in addition to the line haul charges.
e) If absorption provisions are published in a switching or absorption tariff, exceptions to those provisions may be published in rate tariff. If published, the exception and the general absorption provision shall each state that the provisions in the rate tariff are exceptions to, and apply in place of the general absorption provisions. The exceptions provisions need not name the carrier whose charges are absorbed.
##### **92 Ill. Adm. Code 1225.2000** Rates and Liability Based on Value Provisions {#sec-1225.2000 omnilex-key=us-il-regs-official--title-92--1225.2000}
Released rate provisions established by authority of the Commission shall be published in the same tariff as the matter they govern. The tariff shall, to the extent required by Section 18c-4804 of the Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-4804), refer specifically to an action of the Commission pursuant to 92 Ill. Adm. Code 1385.
##### **92 Ill. Adm. Code 1225.2100** Distance Rates May Be Filed {#sec-1225.2100 omnilex-key=us-il-regs-official--title-92--1225.2100}
Distance or mileage (hereafter referred to as distance) class or commodity rates may be filed.
##### **92 Ill. Adm. Code 1225.2105** Method of Showing Distances {#sec-1225.2105 omnilex-key=us-il-regs-official--title-92--1225.2105}
Distance rates may be published to apply per vehicle per mile, or other unit per mile, or by establishing a rate table or segment showing a scale of distances for which charges will be applied. If the latter method is used, a rate shall be provided for each distance. Points covered by the application of the rates shall be identified.
##### **92 Ill. Adm. Code 1225.2110** Determination of Distances {#sec-1225.2110 omnilex-key=us-il-regs-official--title-92--1225.2110}
a) A tariff containing distance rates shall contain provisions for the determination of distances by:
1) Publishing the distances between all locations covered by the distance rates in the tariff; or
2) Referring to a distance guide(s).
3) Referring to the Illinois Highway Map issued by the Illinois Secretary of State or by use of odometer miles for the express purpose of determining distances for length of haul. Application of this Part is restricted to the following commodities:
A) Farm products and agricultural commodities, grown, raised or produced on a farm, including but not restricted to fruits and vegetables, produce, poultry, milk, cream, grain, beans, seed, hay straw, tobacco and livestock for transportation from farm to farm, from farm to elevator or from farm to market when such transportation is not in excess of 50 airline miles and within the carrier's base-point radius authority.
B) Farm and agricultural supplies, other than commodities which are common to both urban and farm living, for delivery to a farm when such transportation is not in excess of 25 airline miles and within the carrier's base-point radius authority.
C) Dry fertilizer in bulk or bags for transportation and delivery to a farm, when such transportation is not in excess of 50 airline miles and within the carrier's base-point authority.
D) Coal for transportation from mine to farm when such transportation is not in excess of 50 airline miles and within the carrier's base-point authority.
E) Sand, gravel, stone, limestone, rock, dirt and fill for transportation from a yard, pit or quarry to a farm or job site when such transportation is not in excess of 50 airline miles and within the carrier's base-point authority.
F) Household goods and personal effects for transportation from one farm to another within a 25 mile radius of the base-point named in the carrier's certificate.
b) Except as provided in Section 1225.405(e)(2), only distance guides officially on file with the Commission may be referred to. More than one may be referred to provided the rate tariff states the circumstances under which each guide will apply. An agent's tariff may refer to another agent's distance guide to the extent that the carriers on whose behalf the first agent acts are subscribers to the other agent's distance guide.
c) Distance guides shall provide distance tables or combinations of tables and maps.
1) Tables shall provide specific distances between rate points and be shown as having precedence over the distances determined by the use of maps.
2) Each guide shall provide rules stating its application. The rules shall include a means for determining distances between all locations within the territorial coverage of the guide, regardless of whether all the locations are shown in the guide or whether distances are shown between all locations.
3) If distances between certain points or areas are to be determined only through a certain gateway or interchange point, those points or areas and the gateway interchange point shall be identified.
4) Distance guides may exceed the maximum size limitations imposed by Section 1225.65 but may not exceed 14½ by 17½ inches in size.
5) If maps are referred to, the rate tariff shall include a rule specifying the manner in which distances are obtained from maps. The rule shall include a definite means for determining distances between all locations within the territorial coverage of the rates, regardless of whether or not all the locations are shown on the map and regardless or whether or not actual distances are shown between all locations.
d) Railroad distance rate tariffs or distance guides shall also provide:
1) A list of the points between which the rates apply;
2) The shortest distances between those points;
3) An indication of which of those points are junction points where traffic may be interchanged without transfer of the lading; and
4) The names of the connecting carriers at each of those junctions.
e) A rail carrier or its agent may file a separate tariff containing the information required by subsection (d) of this Section to govern local rates. The distances shall be shown:
1) From each point to each point;
2) From each point to each junction point; or
3) From each junction point to each other junction point and from each point to the nearest junction point in each direction.
f) An agent may file a separate tariff to govern joint rail rates. The distances shall be shown from each junction point to each other junction point and from each point to the nearest junction point in each direction. The latter distances need not be shown if the rate tariff refers to local distance tariffs of each carrier which contain the distances.
##### **92 Ill. Adm. Code 1225.2200** Commodity Rates Determined by the Use of Rate Base Numbers - Common Carriers of Property {#sec-1225.2200 omnilex-key=us-il-regs-official--title-92--1225.2200}
a) This Section applies only for common carriers of property.
b) "Column commodity rates" or "commodity rate column" shall be the terms used in captions for, and references to, commodity rates determined by use of rate base numbers or other basing systems. The basing system shall be in the same or other tariffs.
##### **92 Ill. Adm. Code 1225.2300** Scope of Subpart X {#sec-1225.2300 omnilex-key=us-il-regs-official--title-92--1225.2300}
This Subpart does not apply to pipelines, contract carriers, or on irregular route motor common carrier authority.
##### **92 Ill. Adm. Code 1225.2305** Intermediate Application of Rates {#sec-1225.2305 omnilex-key=us-il-regs-official--title-92--1225.2305}
Tariffs may publish rules to provide for the application of rates from or to points located between origins and destinations from or to which the rates apply.
##### **92 Ill. Adm. Code 1225.2310** Rules Under This Subpart Must Be Complete {#sec-1225.2310 omnilex-key=us-il-regs-official--title-92--1225.2310}
The rules must be specifically stated and complete. The rules shall give consideration to situations where branch or diverging routes or points are involved. The rules shall also specifically provide for the application or nonapplication of effective rates specifically applying from or to the intermediate points.
##### **92 Ill. Adm. Code 1225.2315** Intermediate Point Rules to Be Published in Connection with Regular-Route Authority {#sec-1225.2315 omnilex-key=us-il-regs-official--title-92--1225.2315}
A statement shall be published indicating under what circumstances, if any, the rules will apply for off-route points, and for points located on either side of the highway which may be served under the authority of the carrier's certificate.
##### **92 Ill. Adm. Code 1225.2400** Class Rates from or to Unnamed Points Applicable Only to Motor Carriers of Property {#sec-1225.2400 omnilex-key=us-il-regs-official--title-92--1225.2400}
If the class-rate intermediate rule is not used or will not cover all unnamed points a carrier may serve, a rule describing how to compute rates on unnamed points shall be published. Application of the various rules, if more than one is used, shall be stated.
##### **92 Ill. Adm. Code 1225.2405** Continuous Service Rates {#sec-1225.2405 omnilex-key=us-il-regs-official--title-92--1225.2405}
a) Applicability
1) This Section does not apply to motor carriers of property unless the Commission has granted a special permission.
2) This Section does not apply to motor carriers of passengers.
b) Rates may be filed which are published to apply when carrier's equipment is used exclusively by and in the continuous service of a single shipper during a specified period of time. All necessary definitions and conditions shall be provided.
c) If other than regulated intrastate traffic is used to meet the continuous use requirements, the tariff shall so state and explain all requirements.
d) Continuous service periods may not begin prior to the effective date of the tariff.
e) The tariff shall provide for other charges if the continuous service conditions are not met. Provisions may be published for the execution of an indemnity bond to guarantee payment. If charges are required to be collected for a deficit in the minimum charge or for any time during the period the equipment is not used, it shall be clear what rate is to apply on the deficit or nonuse. Consideration shall also be given as to whether the deficit or the nonuse rate will change (e.g., through general increase) during the period.
f) The tariff shall provide that the carriers will keep complete and accurate records of the movements, that the information in these records will be available to the shipper and where and when it will be available.
g) The tariff shall state whether and how the rates or conditions will be revised and the procedure to use due to disabilities such as strikes, breakdown of equipment, fire, etc., identifying the disabilities and indicating the rate or condition revisions.
h) Provisions may be published permitting discontinuance during the period for specified reasons. The provisions shall clearly state any penalty charge and the amount to be assessed for the discontinuance privilege.
i) Retroactive application of tariff amendments is not permitted.
##### **92 Ill. Adm. Code 1225.2410** Time-Volume Rates {#sec-1225.2410 omnilex-key=us-il-regs-official--title-92--1225.2410}
a) This Section does not apply to passenger carriers.
b) Rates may be filed which are published to apply only when a specific quantity of freight is shipped by a consignor or received by a consignee during a specified period of time. All necessary definitions and conditions shall be provided.
c) If other than regulated intrastate traffic is used to meet the time-volume service requirements, the tariff shall so state and explain all requirements.
d) Time-volume periods may not begin prior to the effective date of the tariff.
e) The tariff shall provide for other charges if the time-volume conditions are not met. Provisions may be published for the execution of an indemnity bond to guarantee payment. If the tariff provides for the collection of charges on a deficit, consideration shall also be given as to whether the deficit rate will change (e.g., through general increase) during the period. If charges are required to be collected for any deficit in weight between the actual weight of a particular shipment and the minimum weight on which charges for that shipment are assessed as the volume shipments move, the tariff shall so provide.
f) The tariff shall provide that the carrier(s) will keep complete and accurate records of the movements, that the information will be available to the shipper and where and when it will be available.
g) The tariff shall state whether and how the minimum quantity requirements will be reduced and the procedure to use due to disabilities such as strikes, breakdown of equipment, fire, etc., identifying the disabilities and indicating the rate or condition revisions.
h) Provision may be published permitting discontinuance for specified reasons. The provisions shall clearly state any penalty charge and the amount to be assessed for the discontinuance privilege.
i) Retroactive application of tariff amendments is not permitted.
##### **92 Ill. Adm. Code 1225.2415** Unit of Time Rates {#sec-1225.2415 omnilex-key=us-il-regs-official--title-92--1225.2415}
a) This Section is applicable only to motor carriers of property.
b) For contract carriers, schedules containing unit of time rates shall be published and filed subject to the following conditions and limitations. The carriers shall:
1) file all schedules in compliance with the Law and this Part;
2) use the following wording in all rate items to which it applies: "Exclusive use of vehicle ordered and payment of charges guaranteed by shipper";
3) file a valid contract with this Commission in the name of each shipper for which unit of time rates are applicable;
4) cause all vehicles to be placarded with shipper's name and address, or cause each driver operating under unit of time rates to have in his possession documents to ascertain commodities, origin, and destination of those commodities being carried on his vehicle;
5) cause each driver to complete a Daily Vehicle Log bearing the following minimum information:
A) Driver name
B) Vehicle information
C) Start time
D) Finish time
E) Time not attributable to said account and reason; and
6) maintain Daily Vehicle Logs for at least 3 years including replacement and additional vehicles as well as driver time records and such billing papers, maintained so that it can be determined that the shipper is being billed and is paying at the applicable rates.
c) For common carriers, tariffs containing unit of time rates shall be published and filed subject to the following conditions and limitations. Carriers shall:
1) file all tariffs in compliance with the Law and this Part;
2) use the following wording in all rate items to which it applies: "Exclusive use of vehicle ordered and payment of charges guaranteed by shippers";
3) cause all vehicles to be placarded with shipper's name and address, or cause each driver operating under unit of time rates to have in his possession documents to ascertain commodity origin, and destination of those commodities carried on his vehicle;
4) cause each driver to complete a Daily Vehicle Log bearing the following minimum information:
A) Driver name
B) Vehicle information
C) Start time
D) Finish time
E) Time not attributable to said account and reason;
5) maintain Daily Vehicle Logs for at least 3 years including replacement and additional vehicles as well as driver time records and such billing papers, maintained so that it can be determined that the shipper is being billed and is paying at the applicable rates.
d) Common carriers filing unit of time rates under the authority of this Section must ensure their common carrier obligations by adhering to the following requirements. Tariff rate items must be:
1) applicable to a named commodity(ies) and/or to utilization of specific types of equipment and not a named shipper(s), origin(s), or destination(s); and
2) held out to all shippers for the named commodity(ies) within the individual scope of authority.
e) Unit of time rates which duplicate or conflict with any other exclusive use of vehicle provisions will be rejected.
##### **92 Ill. Adm. Code 1225.2500** Scope of Subpart Z {#sec-1225.2500 omnilex-key=us-il-regs-official--title-92--1225.2500}
Sections 1225.2505 through 1225.2520 only apply to property carriers. The provisions of this Subpart may not be used in connection with joint rates and provisions for which concurrences are in effect unless they so provide.
##### **92 Ill. Adm. Code 1225.2505** Substituted Service May Be Provided {#sec-1225.2505 omnilex-key=us-il-regs-official--title-92--1225.2505}
a) If a rail or motor carrier (hereafter referred to as Carrier A) desires to have the option to substitute the services of a carrier of a different transportation mode (hereafter referred to as Carrier B) for part of its movement of a shipment, it may do so subject to the requirements of this Subpart.
b) Either the rate tariff or a governing tariff shall contain the substituted service provisions.
c) A separate tariff entitled "Substituted Freight Service Directory" may be filed, governing the rate tariff(s), provided it contains only matter relating to the substituted service.
##### **92 Ill. Adm. Code 1225.2510** Service Conditions {#sec-1225.2510 omnilex-key=us-il-regs-official--title-92--1225.2510}
Substituted service provisions may be published if:
a) The shipment moves on the bill of lading that would be used if Carrier A was performing the service;
b) Carrier A assumes the responsibility for the lading while it is in the possession of Carrier B; and
c) Movement of the lading has been made prior to, or will be made subsequent to, the service performed by Carrier B.
##### **92 Ill. Adm. Code 1225.2515** Tariff Conditions for Substituted Service {#sec-1225.2515 omnilex-key=us-il-regs-official--title-92--1225.2515}
a) The tariff provisions for substituted service shall include:
1) The name of Carrier B;
2) The points between which the substituted service will be performed;
3) A statement that the rate applicable via Carrier A will apply; and
4) A statement that the substituted service will not be performed if the shipper advises the carrier that it does not want service to be substituted. Carrier B does not need to be shown as a participant in Carrier A's rate or governing tariffs, nor in the routing provisions.
b) When publishing substitution of trailer-on-flatcar service for motor service, tariffs need not show the rail carrier's name or points of interchange with the rail carriers.
##### **92 Ill. Adm. Code 1225.2520** Changes in Tariff Provisions for Substituted Service {#sec-1225.2520 omnilex-key=us-il-regs-official--title-92--1225.2520}
Additions, deletions and other changes in substituted service provisions (not rates) may be made on 1 day's notice.
##### **92 Ill. Adm. Code 1225.2525** Optional Honoring of Ticket Arrangements {#sec-1225.2525 omnilex-key=us-il-regs-official--title-92--1225.2525}
a) This Section only applies to passenger carriers.
b) Provisions may be published affirming an agreement of two or more carriers for the acceptance by one carrier of a ticket sold over the route of another carrier. The carriers' names shall be shown, along with the names of the points between which the tickets will be honored, and any restrictions or exceptions stated.
##### **92 Ill. Adm. Code 1225.2600** Restorations of Carrier Participation {#sec-1225.2600 omnilex-key=us-il-regs-official--title-92--1225.2600}
Amendments to restore a carrier's participation in a tariff may be filed on 5 days' notice, provided the relisting of the carrier is indicated to become effective not later than the date the cancellation was published to become effective.
##### **92 Ill. Adm. Code 1225.2605** Amendment of Participating Carrier List in a Classification or Dangerous Articles Tariff {#sec-1225.2605 omnilex-key=us-il-regs-official--title-92--1225.2605}
Additions, corrections and other changes to the list of participating carriers in classifications and dangerous articles tariffs may be made on 1 day's notice. This authority may not be used to cancel the participation of a carrier.
##### **92 Ill. Adm. Code 1225.2610** Extension of Expiration Dates or Postponement of Effective Dates of Comeback Provisions {#sec-1225.2610 omnilex-key=us-il-regs-official--title-92--1225.2610}
Amendments to extend the expiration dates of provisions, and to postpone the effective date of comeback provisions (provisions which are paired with and published to supersede those indicated to expire with the preceding day) may be published on 1 day's notice, provided no change is made in the extended or postponed provisions.
##### **92 Ill. Adm. Code 1225.2615** Effective Dates Under This Subpart {#sec-1225.2615 omnilex-key=us-il-regs-official--title-92--1225.2615}
The effective date of a publication, rate, or provision may be postponed on 1 day's notice.
##### **92 Ill. Adm. Code 1225.2620** Round Trip Excursion Fares {#sec-1225.2620 omnilex-key=us-il-regs-official--title-92--1225.2620}
a) This Section applies only to passenger service.
b) Fares for a round trip excursion limited to a designated period may be established upon posting and filing the tariff with the Commission on 1 workday's notice.
##### **92 Ill. Adm. Code 1225.2700** Claims Rules {#sec-1225.2700 omnilex-key=us-il-regs-official--title-92--1225.2700}
a) This Section is not applicable to Section 1225.405(e)(2).
b) Each carrier or its agent shall file with the Commission its rules and practices with respect to:
1) Loss or damage to property; and
2) Overcharge, duplicate payment or overcollection of freight charges.
c) The rules and regulations shall be published in a rate or rules tariff, a classification, or in a separate tariff, or the tariff may refer to the relevant provisions.
d) Provisions filed under this Section must conform to the requirements of 92 Ill. Adm. Code 1226.15.
##### **92 Ill. Adm. Code 1225.2800** Contracts to Be Filed {#sec-1225.2800 omnilex-key=us-il-regs-official--title-92--1225.2800}
a) One current copy of a signed bilateral and continuing contract must be on file with the Commission for each contracted transportation service.
b) A separate schedule of rates must accompany or follow each contract.
c) A contract may apply to parent or subsidiary corporations or to other corporations controlled by the same parent corporation. These corporations must be identified by full legal name in the contract or an attached appendix. The underlying contract carrier's permit must also authorize service by or for such corporations.
##### **92 Ill. Adm. Code 1225.2805** Schedules to Be Filed {#sec-1225.2805 omnilex-key=us-il-regs-official--title-92--1225.2805}
a) Motor contract carriers shall file schedules which conform to this Part unless otherwise authorized by the Commission.
b) The Commission may, for good cause, direct at any time the reissue of any schedule. Good cause would include a carrier's not having updated its schedule of rates or contracts for a period of time so long that the Commission inquires into the continuing validity of the schedule, resulting in an order of reissuance.
##### **92 Ill. Adm. Code 1225.2810** Publication of Schedules {#sec-1225.2810 omnilex-key=us-il-regs-official--title-92--1225.2810}
Schedules of actual rates or charges shall be published and filed in the name of the individual carrier performing the transportation service subject to such rates or charges. Schedules may not be filed in the name of an agent, nor may contract carriers participate by concurrence in rates named in any schedule filed by another such carrier.
##### **92 Ill. Adm. Code 1225.2815** Contents of Schedules {#sec-1225.2815 omnilex-key=us-il-regs-official--title-92--1225.2815}
Schedules shall contain names and addresses of parties with whom carrier has contracts, all of the actual rates and charges, and the rules and other provisions applicable to services covered thereby.
##### **92 Ill. Adm. Code 1225.2820** Prohibition of Filing and Publication {#sec-1225.2820 omnilex-key=us-il-regs-official--title-92--1225.2820}
Schedules shall not be published and filed to apply on any commodity or from or to any point or for any service that is not covered by contract on file with the Commission or that is beyond the contract authority granted by the Commission.
##### **92 Ill. Adm. Code 1225.2825** Adoption of Other Rate Publications by Joinder {#sec-1225.2825 omnilex-key=us-il-regs-official--title-92--1225.2825}
A contract carrier may not participate in a tariff or schedule issued by another carrier or by an agent except that it may participate under power of attorney in an agency publication containing highway distances and in an agency publication containing the Hazardous Materials Regulations promulgated by the United States or Illinois Department of Transportation (49 CFR 172) to govern the transportation of explosives or other dangerous articles and except as otherwise authorized by the Commission pursuant to Section 1225.15.
##### **92 Ill. Adm. Code 1225.2830** Confidentiality of Contract {#sec-1225.2830 omnilex-key=us-il-regs-official--title-92--1225.2830}
The contract filed under this Subpart will not be available for inspection by persons other than the parties to the contract and authorized Commission personnel, except by petition demonstrating a likelihood of succeeding on the merits of the complaint and that the matter complained of could not be proven without access to additional contract information. The Commission's action in any contract-disclosure matter, including a petition filed under this Section is subject to the limitations imposed by 5 U.S.C. 552(b) and the Trade Secrets Act, 18 U.S.C. 1905.
##### **92 Ill. Adm. Code 1225.TABLE** A Rail Tariff Items and Titles {#sec-1225.table omnilex-key=us-il-regs-official--title-92--1225.TABLE}
ITEM
TITLE
5
Description of Governing Classification, Exceptions and Rules Tariffs
10
Station List and Conditions
15
Explosives, Dangerous Articles
20
Reference to Tariffs, Items, Notes, Rules, etc.
25
Terminal or Transit Privileges or Services
30
Perishable Freight
35
Transfer Between Connecting Carriers
40
Consecutive Numbers
45
Capacities and Dimension of Cars
50
Combination Rates
55
Substitution of Motor Service for Rail or Water Service
60
National Service Order Tariff
65
Proportional Rates – application
70
Alternation
75
Method of Canceling Items
80
Intermediate Application – origin
85
Intermediate Application – destination
100
Method of Denoting Reissued Matter in Supplements
105
Straight or Mixed CL Application
##### **92 Ill. Adm. Code 1225.TABLE** B Motor Carrier Tariff Items and Titles {#sec-1225.table omnilex-key=us-il-regs-official--title-92--1225.TABLE}
For motor tariffs, the list is as follows
ITEM
TITLE
100
Governing Publications
110 to 119
Definitions
150
Application of Tariff
160 to 290
Application of Rates
299
Absorptions
300
Advancing Charges
305
Advertising on Carrier Equipment
310
Advertising or Premiums
315 to 335
Allowances
340
Arbitraries or Differentials
345
Arrival Notice and Undelivered Freight
350
Assembling or Distributing Freight
360
Bills of Lading
370
Bulk Freight
381
Cancellation of Items
382
Cancelling Original and Revised Pages, Except the Title Page
390
Capacity Loads
405
Carrier Trade Name
407 to 419
Claims, Loss and Damage
420
Classification of Articles – General
421
Classification by Analogy
422
Classification of Combined Articles
423
Classification of Loose Articles
424
Classification of Parts or Pieces of a Complete Article
426
Classification of Reconditioning Bags
428
Classification of Various Documents Included with Freight
430
COD Shipments
435
Collection of Charges
440
Commercial Zones
455
Consecutive Numbers
460
Consolidation of Shipments
465
Containers
470
Control and Exclusive Use of Vehicles
480
Customs or In-Bond Freight
490
Density
500
Detention – Vehicles With Power Units
501
Detention – Vehicles Without Power Units
502
Detention – LTL or AQ Shipments
503
Detention – Prearranged Scheduling
510
Distances
520
Equipment
530
Expedited Service
535
Expiration Dates
540
Explosives and Other Dangerous Articles
550
Export, Import, Coastwise or Intercoastal Freight
560
Extra Labor
565
Fractions
566
Handling Freight Not Adjacent to Vehicle
568
Heavy or Bulky Freight
570
Impracticable Operations
575
Light or Bulky Freight
578
Loading by Consignor – Unloading by Consignee
580
Marking or Tagging Freight
595
Maximum Charge
600
Meat Hooks or Racks
610
Minimum Charge
640
Mixed Shipments – LTL
645
Mixed Shipments TL or Vol.
647
Notification Prior to Delivery
650
Operating Rights (or use Designation – Item 3)
660
Order – Notify Shipments
670
Over Dimension Freight
675
Over Weight Shipments
680 to 689
Packing or Packaging
710
Pallets, Platform or Skids
720
Payment of Charges
730
Peddler Truck Shipments
740
Permits, Special
750
Pickup or Delivery Service
753
Pickup or Delivery Service – Private Residence
754
Pickup or Delivery Service – Sundays or Holidays
755
Pickup or Delivery Service – Saturdays
756
Pickup or Delivery Service – Saturdays, Sundays, or Holidays
765
Precedence of Rates
766
Precedence of Rules
770
Prepayment
780
Prohibited or Restricted Articles
784
Proof of Delivery
800
Proportional Rates
810
Protective Service
820
Reconsignment or Diversion
830
Redelivery
845
Reference to Tariffs, Schedules
846
Reissued Matter, Method of Treating
848
Released Value
850
Reporting Charge
860
Returned, Undelivered Shipments
880
Sealing of Trucks
881
49 CFR Section 10721 Government Tenders
883
Shipments Tendered as a Truckload
885
Single Shipment Pickup
887
Sorting or Segregating
890
Special Services
900
Stopoffs
910
Storage
920
Substitution of Service
940
Terminal Areas
950
Terminal Charges at Ports
957
Tolls
959
Transfer of Lading
960
Transfer of Service
970
Transit Privileges or Services
980
Unnamed Points
985
Vehicle Furnished But Not Used
990
Weighing and Weights
992
Weight Verification
995
Weights – Gross Weights and Dunnage
997
Weights – Minimum Weight Factor
##### **92 Ill. Adm. Code 1225.TABLE** C Abbreviations {#sec-1225.table omnilex-key=us-il-regs-official--title-92--1225.TABLE}
ABBREVIATION
EXPLANATION
&
and
AFB
Air Force Base
a.m. or A.M.
ante meridiem
Ave
Avenue
Blvd
Boulevard
Bldg
Building
br
branch
Bros
Brothers
¢
cents
CFR
Code of Federal Regulations
Co
Company or County
Corp
Corporation
cu
cubic
cwt
100 pounds
Cy
County
d/b/a/
doing business as
$
dollars
E
East
etc
et cetera
e.g.
for example
Ft
Fort
ft or '
foot, feet
gal
gallon
i.e.
that is
IL.A.C.
Illinois Administrative Code
ILL.C.C.
Illinois Commerce Commission
in or "
inch, inches
Inc.
Incorporated
Jct
Junction
lb
pound
Ltd
Limited
M.F.
Motor Freight
mfg
manufacturing
Mt
Mount, Mountain
N
North
No.
Number
oz.
ounce
%
percent
p.m. or P.M.
post meridiem
PO
Post Office
Rd
Road
RR
Rural route or Railroad
S
South
St
Street or Saint
US
United States
wt
weight
##### **92 Ill. Adm. Code 1225.EXHIBIT** A Notice of Increased Fares for Regular Route Service {#sec-1225.exhibit omnilex-key=us-il-regs-official--title-92--1225.EXHIBIT}
NOTICE OF INCREASED FARES FOR REGULAR ROUTE SERVICE
(Name of carrier)
This carrier has filed tariffs with the Illinois Commerce Commission proposing increases in fares effective (Date) for (Here, describe briefly the kind of transportation, the points or localities affected, and the increase proposed.)
Street Address:
City, State and Zip
Telephone Number:
Anyone may protest the increase by writing to the Illinois Commerce Commission, Transportation Division, 527 East Capitol Avenue, Springfield, Illinois 62706. The protest should include the reasons you object to the increase and should be mailed (here, show "in time to reach the Commission 20 days before the effective date shown above", unless the increase has been filed on less than 30 days' notice by a motor carrier. If the latter, show "as soon as possible.")
At the same time the protest is sent to the Commission a copy must also be sent to this carrier's general office. (Here, show the street address, city, state, zip code and telephone number of the carrier's general office.)
#### **Part 1230** Competitive Bids for Transportation Provided to Units of Government
##### **92 Ill. Adm. Code 1230.10** Materials to Be Filed {#sec-1230.10 omnilex-key=us-il-regs-official--title-92--1230.10}
a) The following may be filed in lieu of tariffs with regard to transportation for the United States, the State of Illinois, or any municipality or subdivision of this State where it is required by law that the carrier be selected by competitive bid:
1) A copy of the request for bids, if any;
2) A copy of the carrier's competitive bid;
3) A transmittal letter from the carrier identifying the carrier and license number;
4) A copy of the contract as awarded and signed by the parties or the notice of award of bid if no written contract is signed; and
5) A letter from either the carrier or the shipper, identifying the law which requires that the carrier be selected by competitive bid, in accordance with subsection (b)(7).
b) The following information must be identified in subsections (a)(1)-(5) above:
1) the unit of government for which transportation is to be provided;
2) the origin and destination of the transportation;
3) the commodities involved;
4) accessorial services to be provided by the carrier;
5) the rates bid by the carrier;
6) the date the bid was accepted and the contract awarded; and
7) the specific statute, regulations or ordinance requiring that the carrier be selected by competitive bid.
c) The material required by subsections (a) and (b) must be filed at least 1 day prior to the commencement of the transportation subject to the rates.
d) Information may be provided on the Illinois Commerce Commission's ("Commission") Competitive Bid of Transportation for Units of Government form. Forms are available from the Commission at its offices in Springfield and Chicago.
##### **92 Ill. Adm. Code 1230.20** Compliance Requirements {#sec-1230.20 omnilex-key=us-il-regs-official--title-92--1230.20}
Neither Section 18c-3211 of the Illinois Commercial Transportation Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-3211) nor this Part exempts any person from the licensing or other non-rate requirements of the Illinois Commercial Transportation Law (Ill. Rev. Stat. 1985, ch. 95½, pars. 1102 et seq.), rules adopted by the Commission, or Commission orders.
#### **Part 1235** Practice Before the Independent Review Board
##### **92 Ill. Adm. Code 1235.10** Applicability {#sec-1235.10 omnilex-key=us-il-regs-official--title-92--1235.10}
This Part applies to proceedings before the Independent Review Board ("Board") resulting from the filing of a motion for reconsideration or rehearing that does not request review by the person or board which made the initial decision.
##### **92 Ill. Adm. Code 1235.15** Motions for Reconsideration or Rehearing {#sec-1235.15 omnilex-key=us-il-regs-official--title-92--1235.15}
a) Any party of record to an administrative proceeding before the Illinois Commerce Commission ("Commission") pursuant to the Illinois Commercial Transportation Law ("Law") (Ill. Rev. Stat. 1987, ch. 95½, par. 18c-1101 et seq.) may file a motion for reconsideration or rehearing.
b) Motions for reconsideration or rehearing shall be filed with the Director of Processing of the Commission in one original and six copies, and a copy shall be sent to each party of record by the party filing the motion.
c) The original of every motion for reconsideration or rehearing shall be signed by the party filing the same or by an officer, agent, or attorney therefore.
d) A motion for reconsideration or rehearing must be filed within 30 days after service of the order, or of the action or inaction that is the subject of the motion for reconsideration or rehearing (Section 18c-2110(d) of the Law). The motion must set forth specific grounds for modification or rescission of the order, or of the action or inaction that is the subject of the motion for reconsideration or rehearing (Section 18c-2110(e) of the Law).
##### **92 Ill. Adm. Code 1235.20** Replies {#sec-1235.20 omnilex-key=us-il-regs-official--title-92--1235.20}
a) If a motion for reconsideration or rehearing is filed by a party to a proceeding, any other party to the proceeding may file a reply to the motion for reconsideration or rehearing.
b) Any reply to a motion for reconsideration or rehearing must be filed with the Director of Processing in one original and six copies within ten calendar days of service of the motion for reconsideration or rehearing, and a copy shall be sent to each party of record by the party filing the reply.
c) Any reply to a motion for reconsideration or rehearing shall set forth specific grounds for modification or rescission of the Commission's action or inaction, or shall set forth specific grounds in support of the Commission's action or inaction.
##### **92 Ill. Adm. Code 1235.25** Docketing {#sec-1235.25 omnilex-key=us-il-regs-official--title-92--1235.25}
a) The Director of Processing shall cause motions for reconsideration or rehearing filed with him to be docketed and shall retain the original and forward all other copies of the motion for reconsideration or rehearing to the Secretary of the Board along with a copy of the order or action or inaction that is the subject of the motion for reconsideration or rehearing, if any.
b) The Director of Processing shall retain the original of any reply to a motion for reconsideration or rehearing filed with him and shall forward all other copies to the Secretary of the Board.
##### **92 Ill. Adm. Code 1235.30** Board Action {#sec-1235.30 omnilex-key=us-il-regs-official--title-92--1235.30}
a) The Board shall review all motions presented to it (Section 1204c(2)(c) of the Law).
b) The Board may review the record of the proceeding (Section 1204c(2)(c) of the Law). The Board will review the record if the order appealed and motion and any replies filed pursuant to Sections 1235.15 and 1235.20 do not provide a basis for the Board to render a decision.
c) The Board shall recommend a decision by the Commission (Section 1204c(2)(c) of the Law).
d) If a Board member dissents from the recommendation, any dissenting opinion supplied by the member shall be attached to the memorandum of recommendation (Section 18c-1204(2)(c) of the Law). If a Board member concurs with the recommendation, any concurring opinion supplied by the member shall be attached to the memorandum of recommendation.
##### **92 Ill. Adm. Code 1235.35** Oral Argument {#sec-1235.35 omnilex-key=us-il-regs-official--title-92--1235.35}
a) Requests for oral argument pursuant to Section 18c-1204c(2)(c) of the Law shall be made at the time of filing of a motion for reconsideration or rehearing or in a reply to a motion for reconsideration or rehearing, or the Board, on its own motion, may request that the parties participate in oral argument. The Board will request oral argument if the Board is not able to render a decision without such oral argument by the parties.
b) No party shall participate in oral argument without having filed a motion for reconsideration or rehearing or a reply.
##### **92 Ill. Adm. Code 1235.40** Grants of Rehearing or Reconsideration {#sec-1235.40 omnilex-key=us-il-regs-official--title-92--1235.40}
a) If the Commission grants rehearing, the Secretary of the Board shall deliver the Board's memorandum of recommendation to the Review and Examination Section or its successors which shall rehear the case pursuant to the memorandum of recommendation and submit an order or amended order to the Commission.
b) If the Commission grants reconsideration, the Board shall reconsider the case and submit an order or amended order to the Commission for its consideration.
##### **92 Ill. Adm. Code 1235.45** Presumptions {#sec-1235.45 omnilex-key=us-il-regs-official--title-92--1235.45}
Commission or Motor Carrier Employee Board orders, or the action or inaction of the Commission, Motor Carrier Employee Board or Commission staff shall be presumed to be correct, and the burden of proof upon all issues raised by a motion for reconsideration or rehearing shall be upon the party filing the motion.
##### **92 Ill. Adm. Code 1235.50** Modification or Rescission {#sec-1235.50 omnilex-key=us-il-regs-official--title-92--1235.50}
The Board shall not recommend that an order of the Commission or Motor Carrier Employee Board, or an action or inaction of the Commission, Motor Carrier Employee Board or Commission staff be modified or rescinded unless the Board finds that it is not supported by the manifest weight of evidence in the record before the Board or that there has been an error of law.
##### **92 Ill. Adm. Code 1235.55** Open Meetings Act {#sec-1235.55 omnilex-key=us-il-regs-official--title-92--1235.55}
All meetings of the Board shall be conducted pursuant to the provisions of the Open Meetings Act (Ill. Rev. Stat. 1987, ch. 102, pars. 41.01 et seq.)
### **Subchapter b** Motor Carriers of Property
#### **Part 1236** Reinstatement of Revoked Operating Authority
##### **92 Ill. Adm. Code 1236.10** Reinstatement of Revoked Operating Authority {#sec-1236.10 omnilex-key=us-il-regs-official--title-92--1236.10}
An intrastate common or contract authority which has been voluntarily revoked or which has been revoked by operation of law in accordance with the provisions of Section 18c-1704 of the Illinois Commercial Transportation Law ("the Law") (Ill. Rev. Stat. 1991, ch. 95½, par. 18c-1704) [625 ILCS 5/18c-1704] shall be reinstated subject to the provisions listed below.
a) A petition to reinstate must be filed with the Commission within one year of the revocation date. The Commission will not consider a petition for reinstatement that is not timely filed.
b) The petition to reinstate must be accompanied by the required reinstatement fee.
c) If the authority was revoked by operation of law, the condition for which the authority was revoked must have been remedied at the time the petition to reinstate is filed.
d) All other conditions for continued good standing (rates, insurance, annual report, etc.) must be met at the time the petition to reinstate is filed.
e) A petition for reinstatement which is timely filed, but which is filed in regards to an authority for which payment of a monetary settlement or civil penalty assessment is delinquent, will be held pending payment of the full settlement or assessed amount.
### **Subchapter a** Commercial Transportation Generally
#### **Part 1270** Transfers of Licenses
##### **92 Ill. Adm. Code 1270.10** Procedures for Review of Expedited Transfer Applications {#sec-1270.10 omnilex-key=us-il-regs-official--title-92--1270.10}
a) Applications for expedited (non-hearing) transfer shall be granted or denied, based upon the information contained herein and without oral hearing.
b) The application shall be set for hearing pursuant to 83 Ill. Adm. Code 200 if the application does not qualify for expedited transfer.
##### **92 Ill. Adm. Code 1270.20** Transfers Involving Immediate Family {#sec-1270.20 omnilex-key=us-il-regs-official--title-92--1270.20}
a) Transfers to members of the transferor's "immediate family" shall be permitted without hearing only where the relationship between transferor and transferee is one of the following:
1) Husband-wife;
2) Parent-child (natural or legally adopted child); or
3) Sibling-sibling.
b) Other uses of the term "immediate family." When used in relation to a transaction other than a transfer to a member(s) of the transferor's immediate family, the term "immediate family" includes the person's spouse, parents, children, and siblings.
##### **92 Ill. Adm. Code 1270.30** Transfers from One Corporation to a Related Corporation {#sec-1270.30 omnilex-key=us-il-regs-official--title-92--1270.30}
a) No transfer shall be approved under Section 18c-4306(7) of the Illinois Commercial Transportation Law ("Law") (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-4306(7)), if a shareholder of the transferee would acquire a majority or controlling interest unless the same shareholder possessed a majority or controlling interest in the transferor.
b) No transfer shall be approved under Section 18c-4306(4) of the Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-4306(4)) unless the transferor corporation is wholly owned by one person or members of one family.
##### **92 Ill. Adm. Code 1270.40** Expedited Transfers Generally {#sec-1270.40 omnilex-key=us-il-regs-official--title-92--1270.40}
Except as otherwise provided in this Subpart, expedited transfers are hereby provided for to the extent permitted under Section 18c-4306 of the Law.
##### **92 Ill. Adm. Code 1270.50** Forms {#sec-1270.50 omnilex-key=us-il-regs-official--title-92--1270.50}
Transfer applications shall be on the Illinois Commerce Commission's ("Commission") Transfer Application Form.
##### **92 Ill. Adm. Code 1270.100** Authority of Fiduciary to Continue Operations {#sec-1270.100 omnilex-key=us-il-regs-official--title-92--1270.100}
The following fiduciaries shall have authority to continue operations under a license or registration issued by the Commission, pending completion of transfer proceedings, in lieu of the person to which the license or registration was issued:
a) Administrators and executors of the estates of deceased holders;
b) Conservators or guardians of incompetent holders;
c) Provisional directors or custodians of corporations appointed by a court pursuant to Section 12.55 of the Business Corporation Act of 1983 (Ill. Rev. Stat. 1985, ch. 32, par. 12.55); and
d) Trustees, receivers, conservators, assignees, or other persons authorized by law to collect and preserve the property of financially disabled, bankrupt, deceased, or incapacitated holders.
##### **92 Ill. Adm. Code 1270.110** Authority Does Not Extend to Transfers by Fiduciary {#sec-1270.110 omnilex-key=us-il-regs-official--title-92--1270.110}
Authority under Section 1270.100 does not extend to transfers from fiduciaries to other persons or to operations by such other persons pending transfer from the fiduciaries.
##### **92 Ill. Adm. Code 1270.120** Required Filings by Fiduciary {#sec-1270.120 omnilex-key=us-il-regs-official--title-92--1270.120}
a) Notice. Within 30 days after assuming control, the fiduciary must give notice to the Commission:
1) Identifying the person to whom the license or registration was issued by full legal name, trade name, and principal business address;
2) Identifying the license or registration by number;
3) Identifying the fiduciary by full legal name, trade name, and mailing address; and
4) Stating the date on which the fiduciary assumed control.
b) Proof of Fiduciary Capacity. If control was assumed pursuant to a court order, a certified copy of the order must be attached. If control was assumed other than by court order, an affidavit of fiduciary capacity must be submitted.
c) Transfer Application. The fiduciary shall file an application seeking Commission approval of a transfer of the license or registration, either to the fiduciary or to a transferee designated by the fiduciary. If the fiduciary does not file a transfer application within 180 days after assuming control, the fiduciary must file a report with the Commission, not later than the first day of each succeeding month, explaining the failure to file and prosecute a transfer application. Such factors as court delays, progress in an estate settlement, and legal action against the estate will be considered as justification for failure to file and process a transfer application.
d) Proof of Insurance. No operations may be conducted under authority of Section 1270.100 until the fiduciary has obtained and filed with the Commission proof of insurance coverage for such operations in compliance with Section 18c-4901 or Section 18c-6503 of the Law (Ill. Rev. Stat. 1985, ch. 95½, pars. 18c-4901 and 18c-6503).
##### **92 Ill. Adm. Code 1270.200** Transfers Not Subject to Commission Approval {#sec-1270.200 omnilex-key=us-il-regs-official--title-92--1270.200}
a) If a merger, acquisition of control, or other transaction which is authorized pursuant to 49 U.S.C. 11343 involves one or more motor carriers of property licensed by the Commission, such transaction shall be recognized by the Commission subject to the provisions of subsection (b) of this Section.
b) No license transferred by operation of 49 U.S.C. 11343 shall be effective for any purpose unless and until the person to whom the license is being transferred notifies the Commission of such transfer. Notification shall be accomplished by completing and filing the forms obtained from the Commission for such purpose, along with a filing fee, established for applications to transfer licenses at 92 Ill. Adm. Code 1205.10(a)(3)(A).
**History**
- *Source: Added at 15 Ill. Reg. 10925, effective July 10, 1991*
### **Subchapter b** Motor Carriers of Property
#### **Part 1301** Licenses and Registrations
##### **92 Ill. Adm. Code 1301.10** License and Registration Prerequisites {#sec-1301.10 omnilex-key=us-il-regs-official--title-92--1301.10}
a) Notice of conditions. When the Illinois Commerce Commission ("Commission") grants a license or registration, it shall notify the applicant of any unfulfilled conditions which are prerequisite to service of the order granting the license or registration.
b) Service of orders. Orders conditionally granting licenses or registrations shall be served when all events upon which the orders are conditioned have been met.
c) Issuance of license and registration. Motor carrier of property licenses and registrations shall be issued when all events upon which service of the orders granting the licenses or registrations is conditioned have been met.
d) Prerequisites to use. Operations may be conducted under a license or registration only if all conditions prerequisite to use of the license or registration have been met.
##### **92 Ill. Adm. Code 1301.15** Prerequisites to Grant of Interstate Motor Carrier Registrations {#sec-1301.15 omnilex-key=us-il-regs-official--title-92--1301.15}
The Commission shall grant a completed application for an interstate motor carrier of property registration if it is accompanied by the fee prescribed in 92 Ill. Adm. Code 1205, absent evidence at hearing that the applicant has operated or will operate in violation of the Illinois Commercial Transportation Law (Ill. Rev. Stat. 1985, ch. 95½, pars. 18c-1101 et seq.) or Commission regulations and orders. For example, if the record at hearing shows that an applicant for an interstate motor carrier registration has been convicted of stealing freight, the registration could be denied or grounds of fitness.
##### **92 Ill. Adm. Code 1301.20** Prerequisites to Service of Orders Granting Licenses and Registrations {#sec-1301.20 omnilex-key=us-il-regs-official--title-92--1301.20}
a) Service of orders granting motor carrier of property licenses is conditioned upon compliance with Section 1301.30(a)(1), (2), and (4).
b) Service of orders granting motor carrier of property registrations is conditioned upon compliance with Section 1301.30(b)(1), except that the Manager of the Transportation Division of the Commission shall issue a temporary registration effective for a maximum of 30 days pending payment of franchise fees and service of a permanent registration.
c) Motor carriers of property regulated by the Interstate Commerce Commission may comply with Commission regulations regarding proof of insurance or bond coverage by filing a valid, current license issued by the Interstate Commerce Commission, as provided in 92 Ill. Adm. Code 1425.20(d) or by filing a Form E or Form L with the Commission.
##### **92 Ill. Adm. Code 1301.30** Prerequisites for Use of Licenses and Registrations {#sec-1301.30 omnilex-key=us-il-regs-official--title-92--1301.30}
a) Motor carrier or property licenses are conditioned upon compliance with Commission regulations regarding:
1) Filing proof of insurance bond or coverage (92 Ill. Adm. Code 1425);
2) Payment of franchise fees (92 Ill. Adm. Code 1205);
3) Filing rates (92 Ill. Adm. Code 1225); and
4) Filing contracts if the license conveys authority to operate as a contract carrier.
b) Motor carrier of property registrations are conditioned upon compliance with Commission regulations regarding:
1) Filing proof of insurance or bond coverage; and
2) Payment of franchise fees.
##### **92 Ill. Adm. Code 1301.40** Types of Interstate Registrations {#sec-1301.40 omnilex-key=us-il-regs-official--title-92--1301.40}
a) Definitions
"Exempt interstate carrier" means an interstate motor carrier of property which provides interstate transportation not subject to the jurisdiction of the Interstate Commerce Commission and which is not in private carriage.
"Regulated interstate carrier" means an interstate motor carrier of property which holds a license issued by the Interstate Commerce Commission.
b) Each registration of an interstate motor carrier of property shall indicate whether the carrier is a regulated interstate carrier or an exempt interstate carrier. A carrier may register as either a regulated interstate carrier, an exempt interstate carrier, or both. A carrier registered as a regulated interstate carrier may also operate as an exempt interstate carrier.
##### **92 Ill. Adm. Code 1301.50** License Violations {#sec-1301.50 omnilex-key=us-il-regs-official--title-92--1301.50}
The scope of a license includes territorial restrictions, commodity restrictions, and other restrictions. Operations in violation of more than one type of restriction constitute multiple violations of the Illinois Commercial Transportation Law ("Law") (Ill. Rev. Stat. 1985, ch. 95½, pars. 18c-1101 et seq.).
##### **92 Ill. Adm. Code 1301.60** License Restrictions {#sec-1301.60 omnilex-key=us-il-regs-official--title-92--1301.60}
In determining whether to restrict the scope of a motor carrier of property license, the Commission shall consider:
a) Whether the restriction was requested by the applicant or agreed to between the parties;
b) Whether notice of the license application was given (If the application exceeds the scope of the notice given, any license granted shall be restricted to the scope of the notice); and
c) Whether the application proposes service not supported by the evidence in the proceeding (If the application is not supported by the evidence, the license shall be restricted to commodities, territory, and service which is supported by the evidence).
##### **92 Ill. Adm. Code 1301.100** Prerequisites to Grant of Temporary License Applications {#sec-1301.100 omnilex-key=us-il-regs-official--title-92--1301.100}
a) Filing of permanent license application required. An application for a temporary license can be granted only if an application for a permanent license at least equal in scope to the temporary license has been filed by the applicant.
b) Evidentiary requirements relating to need and fitness in connection with the grant of a temporary license are set forth in 92 Ill. Adm. Code 1202.40.
##### **92 Ill. Adm. Code 1301.110** Special Permission to File Rates {#sec-1301.110 omnilex-key=us-il-regs-official--title-92--1301.110}
Temporary licensees may file initial rates to be applicable under the temporary license on less than 30 days' notice, provided that:
a) Such rates shall not be filed on less than 1 day's notice;
b) Subsequent rates must be filed on statutory notice (see Section 18c-3202 of the Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-3202)) unless special permission to file on less than statutory notice has been granted pursuant to 92 Ill. Adm. Code 1225.15;
c) Initial rates filed and published on less than 30 days' notice shall be limited to the rates already in effect for the transferor carrier when the temporary license authorizes the operation of a carrier pending transfer; and
d) This special permission shall not affect the deadline for any interested person to request investigation of the rates.
##### **92 Ill. Adm. Code 1301.120** Carrying Copy of License in Vehicle {#sec-1301.120 omnilex-key=us-il-regs-official--title-92--1301.120}
Each vehicle operated under a temporary license must carry a copy of the temporary license as issued by the Commission. Such copy shall be presented to any authorized law enforcement officer on request.
#### **Part 1302** Cab Cards and Identifiers
##### **92 Ill. Adm. Code 1302.10** Definition of Cab Card/Identifier {#sec-1302.10 omnilex-key=us-il-regs-official--title-92--1302.10}
Each motor vehicle used in for-hire transportation upon the public roads of this State must carry a current, executed (completed) cab card issued by or under the authority of the Illinois Commerce Commission ("Commission") (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-4601). Intrastate cab cards shall bear a pre-printed identification number. Interstate cab cards shall either bear a pre-printed Illinois identification number or have an Illinois identification stamp affixed thereto.
##### **92 Ill. Adm. Code 1302.15** Cab Card/Identifier Carrying Requirements {#sec-1302.15 omnilex-key=us-il-regs-official--title-92--1302.15}
a) Cab cards/identifiers shall be executed, carried, or presented in satisfaction of the requirements of the Illinois Commercial Transportation Law ("Law") (Ill. Rev. Stat. 1985, ch. 95½, pars. 18c-1101 et seq.), this Part, or Commission orders no earlier than December 1 preceding the calendar year for which fees were paid, and no later than February 1 of the calendar year for which fees were paid (See 92 Ill. Adm. Code 1205).
b) A vehicle operated in both intrastate and interstate commerce must carry both an intrastate and an interstate cab card/identifier.
##### **92 Ill. Adm. Code 1302.20** Exemption of Vehicles from Cab Card Requirements {#sec-1302.20 omnilex-key=us-il-regs-official--title-92--1302.20}
a) Intrastate exchange of equipment between licensed carriers. Where a vehicle owned by a licensed intrastate motor carrier of property is leased to another licensed intrastate motor carrier of property, and the vehicle carriers a valid intrastate cab card issued to the carrier which owns the vehicle, the vehicle need not carry a cab card/identifier issued to the carrier to which the vehicle is leased.
b) Interstate compensated intercorporate hauling and single-source leasing. Vehicles used in compensated intercorporate hauling or which are leased, with driver, to private carriers for use in interstate commerce are exempt from cab card and identifier requirements under Section 18c-4601 of the Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-4601).
c) Temporary cards. An intrastate motor carrier of property need not hold or carry an Illinois intrastate cab card/identifier if the carrier has been issued and carriers a valid, current temporary cab card/identifier. An interstate motor carrier of property need not hold or carry a permanent cab card with Illinois interstate identifier if the carrier has been issued and carriers a valid, temporary Illinois registration. A temporary card will be issued upon request of the carrier and payment of the fee for the permanent cab card/identifier.
##### **92 Ill. Adm. Code 1302.25** Transfer of Cab Card/Identifier {#sec-1302.25 omnilex-key=us-il-regs-official--title-92--1302.25}
a) If a motor carrier of property discontinues the use of a vehicle for which a current interstate cab card/Illinois interstate identifier has been executed and provides a newly-acquired vehicle as a substitute, the carrier can transfer the cab card/identifier by following the procedure in this subsection.
1) The carrier shall execute a new interstate cab card, identifying itself and the substitute vehicle and entering the appropriate expiration date on the cab card;
2) The carrier shall enter the date on which it terminated use of the discontinued vehicle in the space for the early expiration date on the cab card; and
3) The carrier shall permanently attach the upper left-hand corners of both the cab card for the substitute vehicle and the cab card for the discontinued vehicle so as to permit inspection of the contents of both cards. At this point, the Illinois interstate identifier on the cab card of the discontinued vehicle shall apply to the substitute vehicle.
b) Unless the carrier transfers a cab card/identifier as provided in subsection (a), it shall destroy the cab card/identifier for a vehicle at the time it discontinues use of the vehicle.
c) Transfer of an intrastate cab card/identifier is not permitted.
##### **92 Ill. Adm. Code 1302.30** Expiration, Alteration, and Replacement of Cab Card/Identifier {#sec-1302.30 omnilex-key=us-il-regs-official--title-92--1302.30}
a) Each motor carrier of property shall destroy a cab card/identifier immediately upon its expiration.
b) Any erasure, alteration, or unauthorized use of a cab card shall render the cab card void.
c) If a cab card/identifier is lost, destroyed, mutilated or becomes illegible, a new cab card/identifier shall be prepared and issued upon the motor carrier's application and the payment of the same fee prescribed for the issuance of the original cab card/identifier (See 92 Ill. Adm. Code 1205).
##### **92 Ill. Adm. Code 1302.100** Revocation of Exemptions Under Section 18c-4601(2) of the Law {#sec-1302.100 omnilex-key=us-il-regs-official--title-92--1302.100}
Exemptions granted under Section 18c-4601(2) of the Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-4601(2)) shall be revoked only in accordance with procedures and standards applicable to fee adjustments under Section 18c-1501(2) of the Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-1501(2)) and 92 Ill. Adm. Code 1205.
#### **Part 1304** Motor Carrier of Property Fitness Standards
##### **92 Ill. Adm. Code 1304.10** Fitness Standards {#sec-1304.10 omnilex-key=us-il-regs-official--title-92--1304.10}
The applicant shall present clear and convincing evidence by information contained in the application for authority, personal testimony, and testimony of supporting shippers, that fitness has been established for the issuance of the requested authority. In determining whether the applicant is fit to operate as an intrastate motor carrier of property, the Illinois Commerce Commission shall consider the following factors:
a) Whether the applicant possesses, or can acquire, equipment and facilities of a type required for the transport of the commodities requested, at the shipment levels specified in the applicant's shipper support statements, as evidenced by a description, submitted with the application, of the equipment to be used by the applicant in the conduct of intrastate transportation (which shall include equipment which is currently owned by the applicant, leased by the applicant, or is to be otherwise acquired by the applicant);
b) Whether the applicant has established a safety, training, and maintenance program, including any policies regarding traffic citations issued against drivers and any refresher/remedial training courses required of drivers.
c) Safety Record
1) The applicant's safety record as evidenced by a certification or record from the Bureau of Motor Carrier Safety of the United States Department of Transportation, the Illinois Department of Transportation, or the appropriate regulatory body of another state, setting forth:
A) any motor carrier safety citations issued against the applicant during the three years preceding application; and
B) whether the file contains any record of any disciplinary action, taken or pending, during the three years preceding application;
2) The Commission will examine citations and disciplinary actions to determine whether a pattern of violations exists and to review the severity of the violations.
d) The conviction of the applicant of a crime punishable by death or imprisonment in excess of one year under the law under which he was convicted, or a crime involving dishonesty or false statement regardless of the punishment. The Commission will consider the type of crime, when the crime occurred, and the age of the applicant at the time of the incident.
e) For purposes of subsection (d) "applicant" shall mean proprietor(s), partners, or, in the case of a corporation, the directors, the corporate officers, and anyone holding in excess of 10% of the corporation's voting stock.
f) Financial condition of the applicant as represented by the completed financial statement (Supporting Document FIS, consisting of balance sheet and projected income statement) included with the application. Evidence will be required at hearing to corroborate the information provided in the financial statement with the information in the shipper support statements.
g) Whether the applicant is currently, or has been the subject of civil penalty action by the Commission. In determining whether to grant authority to an applicant who is currently, or has been the subject of prior civil penalty action the Commission shall consider:
1) whether the violations were knowing and willful;
2) whether the violations caused economic harm to authorized carriers;
3) whether a pattern of violations exists;
4) the applicant's cooperation in resolving previous violations; and
5) whether the applicant is delinquent in paying a monetary settlement or civil penalty assessed by the Commission.
**History**
- *Source: Amended at 15 Ill. Reg. 17580, effective December 1, 1991*
#### **Part 1306** Interpretations of Statutory Language
##### **92 Ill. Adm. Code 1306.10** Intrastate Commerce {#sec-1306.10 omnilex-key=us-il-regs-official--title-92--1306.10}
a) "Intrastate Commerce," as defined in Section 18c-1104 of the Illinois Commercial Transportation Law ("Law") (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-1104), includes:
1) Movements between 2 points in Illinois which precede or follow interstate movements, provided that the movements are to or from a place of storage or distribution point or local marketing facility from which specific amounts of the commodity are sold or allocated.
2) Movements between 2 points in Illinois which precede or follow an interstate movement, provided that transportation within Illinois is specifically arranged for only after sale or allocation.
3) Movements between 2 points in Illinois in which the preceding movement is interstate commerce performed by exempt or private carriage, unless both the interstate movement in exempt or private carriage and the subsequent movement between 2 points in Illinois were on a through bill of lading issued prior to the inception of either movement.
4) Movements between 2 points in Illinois which have been preceded by a movement by rail in which the commodity being transported has never left the boundaries of the State of Illinois.
5) Movements between 2 points in Illinois which have been preceded by a movement by air in which the commodity being transported has never been off-loaded in another state.
6) Any movement between 2 points in Illinois taken out of the state to evade state jurisdiction.
b) In determining whether a movement was taken out of state to evade state jurisdiction, the Illinois Commerce Commission shall consider:
1) The locations of the carrier's in-state and out-of-state terminals, if any;
2) The circuity of the movement;
3) Any delay in completing the movement caused by taking it out of state; and
4) Any operational justification offered by the carrier which engaged in the movement.
c) The above movements are included in the definition of "intrastate commerce" whether such commerce moves wholly by motor carrier of property or partly by any other mode of transportation.
##### **92 Ill. Adm. Code 1306.20** Exceptions from Illinois Commerce Commission Jurisdiction Pursuant to Section 18c-4102 of the Law {#sec-1306.20 omnilex-key=us-il-regs-official--title-92--1306.20}
a) "Transportation provided exclusively for the United States Postal Service" means transportation of mail under contract with the United States Postal Service (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-4102 ("Section 18c-4102")).
b) "Transportation of agricultural commodities by an agricultural cooperative association as defined in the Illinois Agricultural Cooperative Act, as amended" means transportation, by a licensed agricultural cooperative association, of commodities used for or produced by agricultural operations which have been sold by or purchased by a licensed agricultural cooperative association (Section 18c-4102).
c) "Transportation of farm or dairy products, livestock, poultry, fruits and agricultural products, by the producer thereof or by a producer on behalf of other producers from farm to a farm, market, warehouse, dairy or shipping terminal" means transportation of the enumerated commodities (as defined in 92 Ill. Adm. Code 1460 with "agricultural products" construed to mean agricultural commodities produced on a farm) from a farm where they were produced to another farm or to a market, warehouse, dairy or shipping terminal, by the farmer on whose farm the commodities were produced, or by another farmer on behalf of said farmer for which no monetary compensation is paid or received (Section 18c-4102).
d) "Transportation of motorized self-propelled machinery used in the production of agricultural commodities on a farm, where the transportation is provided by the owner of the machinery or another farmer as an incident to the business of farming" means for-hire transportation by means of an implement of husbandry (Section 18c-4102).
e) "Transportation of trespassing vehicles by a commercial vehicle relocator" means transportation subject to the jurisdiction of the Illinois Commerce Commission under the Illinois Commercial Relocation of Trespassing Vehicles Law (Ill. Rev. Stat. 1985, ch. 95½, pars. 18a-100 et seq.) (Section 18c-4102).
f) "Transportation of newspapers in non-commercial motor vehicles operated by the owners of the vehicle for the incidental purpose of delivering newspapers" means transportation of newspapers in the driver's personal automobile for purposes of delivery to subscribers and other customers (Section 18c-4102).
g) "Transportation of non-hazardous waste having no commercial value to a disposal site" means transportation of a commodity having no value to the person requesting or authorizing removal or disposition to a dump, landfill, incinerator, or other disposal site for disposal (Section 18c-4102).
h) "Transportation incidental to and within the scope of the person's primary business purpose...other than transportation" means transportation necessary to further a non-transportation primary business of the person providing the transportation, originating at or destined to a facility of the person providing the transportation (Section 18c-4102).
#### **Part 1307** Carrier Identification
##### **92 Ill. Adm. Code 1307.5** Applicability of This Part {#sec-1307.5 omnilex-key=us-il-regs-official--title-92--1307.5}
This Part is only applicable to intrastate motor carriers of property. Requirements for identification of interstate motor carriers of property are found in Section 18c-4701 of the Illinois Commercial Transportation Law ("Law") (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-4701).
##### **92 Ill. Adm. Code 1307.10** Carrier Identification of Vehicles {#sec-1307.10 omnilex-key=us-il-regs-official--title-92--1307.10}
a) Except as specified in subsection (b), letters and other characters used to comply with the carrier identification requirements of Section 18c-4701 of the Law must be at least 2 inches high and ½ inch wide. Such characters must be in a color contrasting with the background color of the vehicle so as to be distinguishable during daylight at a distance of 50 feet while the vehicle is not in motion.
b) Letters and other characters used to comply with the carrier identification requirements of Section 18c-4701(5) of the Law for vehicles under 9,000 pounds gross vehicle weight must be at least ½ inch high and ⅛ inch wide. Such characters must be in a color contrasting with the background color of the vehicle so as to be distinguishable during daylight at a distance of 25 feet while the vehicle is not in motion.
c) It is a violation of this Part to display more than one identifier on the power unit of a vehicle. Identifier is defined as the information used to comply with the carrier identification requirements set forth in the Law and this Part.
**History**
- *Source: Amended at 14 Ill. Reg. 13138, effective August 15, 1990*
##### **92 Ill. Adm. Code 1307.20** Format {#sec-1307.20 omnilex-key=us-il-regs-official--title-92--1307.20}
The license number of the carrier, as it appears on the sides of the vehicle in compliance with Section 18c-4701 of the Law, must be preceded by "ILL.C.C." and followed by the carrier-type designation ("C," "P," "CP," "PR," or "CPR" as appropriate) as it appears on the carrier's license.
#### **Part 1308** Unlawful Operations
##### **92 Ill. Adm. Code 1308.10** Unlawful Operations {#sec-1308.10 omnilex-key=us-il-regs-official--title-92--1308.10}
The enumeration of violations in this Part does not constitute an exhaustive listing of all violations of the Illinois Commercial Transportation Law (Law) (Ill. Rev. Stat. 1989, ch. 95½, par. 18c-1101 et seq.) or any individual section thereof.
##### **92 Ill. Adm. Code 1308.20** Aiding and Abetting – Rates {#sec-1308.20 omnilex-key=us-il-regs-official--title-92--1308.20}
For purposes of imposing sanctions as authorized by Section 18c-1704(2) through (7) of the Law, a person aids or abets a licensed carrier in a violation of Sections 18c-3206 and 18c-4104(1)(j) of the Law when either:
a) The person hires a carrier to provide transportation services, and:
1) is informed by the carrier of the rate to be charged for the services to be performed, which rate is specified in a lawfully applicable tariff or schedule on file with the Commission; and
2) is billed by the carrier at that rate; and
3) without good cause, intentionally pays the carrier an amount different from the amount billed by the carrier; or
b) The person offers to hire a carrier to provide transportation services at a rate which the person knows:
1) is not specified in a lawfully applicable tariff or schedule on file with the Commission; and
2) cannot legally become effective prior to the time the transportation services are to be provided by the carrier; or
c) The person, without sufficient cause, fails or refuses to pay to a carrier the amount of undercharges which the Commission has ordered the carrier to collect from that person. The fact that the person and the carrier had negotiated a rate other than the rate specified in a lawfully applicable tariff or schedule shall not constitute sufficient cause.
d) The unintentional or accidental payment of a rate different from the rate contained in a lawfully applicable tariff will not constitute aiding and abetting.
##### **92 Ill. Adm. Code 1308.30** Aiding and Abetting – Authority {#sec-1308.30 omnilex-key=us-il-regs-official--title-92--1308.30}
For purposes of imposing sanctions as authorized by Section 18c-1704(2) through (7) of the Law, a person aids or abets another in a violation of Section 18c-4104(1)(a) of the Law when the person receives service from a person who is not licensed by or registered with the Commission to perform the service rendered.
#### **Part 1309** Conversion of Contract to Common Authority
##### **92 Ill. Adm. Code 1309.10** Proceedings to Convert Contract to Common Authority {#sec-1309.10 omnilex-key=us-il-regs-official--title-92--1309.10}
a) This Part applies to proceedings to convert a motor contract carrier permit to a motor common carrier certificate, but only when the permit is not restricted to the accounts of named contract shippers. Proceedings may be initiated:
1) by an application filed by a motor contract permit holder;
2) by a complaint filed by a motor common carrier that would be directly and adversely affected by failure to convert the contract carrier authority to common carrier authority; or
3) by the Commission on its own motion.
b) Public notice of any proceeding to convert must be given and shall be subject to the provisions of 92 Ill. Adm. Code 1202.20.
c) There is no application filing fee for any proceeding initiated under this Part.
##### **92 Ill. Adm. Code 1309.20** Standards for Conversion of Contract to Common Authority {#sec-1309.20 omnilex-key=us-il-regs-official--title-92--1309.20}
a) The Commission will convert a contract carrier's permit to a common carrier certificate only to the extent that evidence presented at a hearing demonstrates that the carrier has not been operating as a "contract carrier of property by motor vehicle" as defined by Section 18c-1104(8) of the Illinois Commercial Transportation Law ("the Law") (Ill. Rev. Stat. 1991, ch. 95½, par. 18c-1104(8)), but has been operating as a common carrier of property by motor vehicle as defined by Section 18c-4206 of the Law.
b) If it appears from the evidence that the contract carrier has been operating both as a common and a contract carrier, the Commission will determine whether it would be consistent with the public interest for the carrier to hold both common and contract authority, as required by Section 18c-4206 of the Law.
c) The burden of proving that contract authority should be converted to common authority shall be borne by the party initiating the proceeding.
##### **92 Ill. Adm. Code 1309.30** Scope of Converted Authority {#sec-1309.30 omnilex-key=us-il-regs-official--title-92--1309.30}
a) When the Commission determines that a contract carrier's authority should be converted to common authority, the Commission will issue common authority only to the extent the carrier has demonstrated that a public need for the carrier's services exists.
b) Evidence of public need shall consist solely of an abstract of shipments performed by the contract carrier within one year prior to the initiation of the proceedings to convert. Only those shipments falling within the commodity and geographic scope of the contract authority may be considered in determining whether a public need for the carrier's service exists.
c) In no case shall the commodity or geographic scope of a common authority issued as a result of proceedings to convert be greater than the commodity or geographic scope of the converted contract authority.
d) A contract carrier in a conversion proceeding shall not be deemed to have engaged in illegal operations solely because the carrier was not operating as a "contract carrier of property by motor vehicle" as defined by Section 18c-1104(8) of the Law.
#### **Part 1360** Equipment Leases
##### **92 Ill. Adm. Code 1360.10** Applicability {#sec-1360.10 omnilex-key=us-il-regs-official--title-92--1360.10}
a) This Part applies to the following actions by motor carriers of property:
1) The leasing of equipment with which to perform transportation regulated by the Illinois Commerce Commission ("Commission").
2) The interchange of equipment between motor common carriers in the performance of transportation regulated by this Commission, except with regard to equipment used exclusively to provide transportation within counties having a population in excess of 1,000,000 persons.
b) This Part does not apply to the following actions:
1) The leasing of equipment by persons whose principal business is the leasing of equipment, without drivers, for hire, to the general public; and
2) The leasing of equipment for use in interstate commerce.
c) The leasing of equipment with drivers to other than a licensed motor carrier of property is prohibited by Section 18c-4103(1) of the Illinois Commercial Transportation Law ("Law") (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-4103(1)).
**History**
- *Source: Amended at 11 Ill. Reg. 16447, effective October 1, 1987*
##### **92 Ill. Adm. Code 1360.20** Definitions {#sec-1360.20 omnilex-key=us-il-regs-official--title-92--1360.20}
"Addendum." A supplement to an existing lease.
"Authorized carrier." A person holding a motor carrier of property license from the Commission.
"Equipment." A motor vehicle, straight truck or tractor.
"Lease." A written document vesting possession, use, control and responsibility in the lessee during the periods the vehicle is operated by or for the lessee.
"Lessee." In a lease, the party acquiring the use of equipment, with or without driver, from another.
"Lessor." In a lease, the party granting the use of equipment, with or without driver, to another.
"Owner." A person
to whom title to equipment has been issued, or
who, without title, has the right to exclusive use of equipment for a period longer than 30 days, or
who has lawful possession of equipment, registered and licensed in any state in the name of that person.
"Permanent lease." A lease in which the authorized carrier acquires the use of equipment, with or without driver, from an owner for a period of 30 days or more.
"Shipper." A person who sends or receives property which is transported in intrastate commerce.
"Sublease." A written document in which the lessee grants the use of leased equipment, with or without driver.
"Trip lease." A lease in which the authorized carrier acquires the use of equipment, with or without driver, from an owner for a period of time less than 30 days.
**History**
- *Source: Amended at 11 Ill. Reg. 16447, effective October 1, 1987*
##### **92 Ill. Adm. Code 1360.30** General Leasing Requirements {#sec-1360.30 omnilex-key=us-il-regs-official--title-92--1360.30}
a) Leasing permitted only in compliance with this Part. Authorized carriers may perform regulated transportation in equipment they do not own only in accordance with this Part.
b) Written Lease Required. Each lease covered by this Part must be in writing.
c) Parties and signatures. A lease subject to this Part must be between the owner of the equipment (the lessor) and the licensed carrier to which the equipment, with or without driver, is leased (the lessee). The lease must be signed by each party or its authorized representative.
d) Filing and review requirements.
1) Filing requirement. The original and 2 copies of each completed (signed and dated) lease to which this Part applies must be filed with the Commission's Transportation Division at the following address:
Illinois Commerce Commission
Transportation Division
527 East Capitol Avenue
P.O. Box 19820
Springfield, IL 62791
2) Filing fee requirement. A filing fee as prescribed in 92 Ill. Adm. Code 1205 shall be remitted with each lease.
3) No operations shall be conducted under a lease to which this Part applies until a copy of the completed lease has been filed with or mailed to the Commission's Transportation Division.
4) Operations may be conducted under the lease after filing or transmittal but before completion of review. A copy of the lease and an attached affidavit stating that the lease has been transmitted to the Commission, indicating the date of transmittal and stating that the lease is under review, are to be carried in the vehicle covered by the lease.
e) Receipts for equipment. Receipts, specifically identifying the equipment to be leased and stating the date and time of day possession is transferred, shall be given as follows:
1) When possession of the equipment is taken by the authorized carrier, it shall give the owner of the equipment a receipt.
2) When possession of the equipment by the authorized carrier ends, it shall give the owner of the equipment a receipt.
f) Identification of equipment. Authorized carriers shall identify the leased equipment as being in their service as follows:
1) During the period of the lease, the carrier shall identify the equipment by attaching a placard with the identification of the lessee in compliance with Section 18c-4701 of the Law;
2) During the entire period of the lease, a copy of the executed lease shall be carried in each motor vehicle covered thereby. The lease must bear a Transportation Division stamp showing that the lease was approved or that no deficiency was found or have attached to it the affidavit prescribed in subsection (d)(4).
g) Records of equipment use. Authorized carriers shall keep records of equipment use as follows:
1) General equipment use records. Each authorized carriers shall prepare and keep documents covering each trip for which the equipment is used in its service. These documents shall contain the name and address of the owner of the equipment, the point of origin, the time and date of departure, and the point of final destination. These documents shall be preserved as part of the carrier's records.
2) Trip lease records. If the equipment is being leased for a period less than 30 days, the authorized carrier shall carry a copy of the lease records described in subsection (g)(1) in the leased equipment while it is operated under the lease. Records carried in the vehicle must also identify the lading.
3) Permanent lease records. If the equipment is being leased for periods of 30 days or more, the authorized carrier may keep the records identifying the lading at its terminals or principal office as part of its records, rather than in the leased equipment.
h) A copy of the completed written lease shall be retained as part of the carrier-lessee's records.
i) Cancellation. In the event that a carrier wishes to cancel a lease prior to the expiration date, it may file a notice of cancellation at the address for filing leases under Section 1360.30(d)(1). Otherwise, the lease shall remain in effect for purposes of the Law until the expiration date, or the date on which the lease expires by operation of Section 1360.40(a)(2), whichever occurs first. No fee is required for filing notice of cancellation.
**History**
- *Source: Amended at 11 Ill. Reg. 16447, effective October 1, 1987*
##### **92 Ill. Adm. Code 1360.35** Actions Affecting Leases {#sec-1360.35 omnilex-key=us-il-regs-official--title-92--1360.35}
a) Revocation of carrier/lessee's license. In the event that the license held by the carrier/lessee is revoked pursuant to Section 18c-1704 of the Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-1704), the lease shall remain in effect but all operations of equipment subject to the lease must cease unless and until the license is reinstated by order of the Commission.
b) Transfer of carrier/lessee's license. In the event that a transfer as defined in Section 18c-1104 of the Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-1104) occurs:
1) The lease shall remain in effect and shall bind the transferee if the name of the license holder is not changed by the transfer; or
2) The lease shall be void from the date the transfer is granted if the name of the license holder is changed by the transfer, unless the transferee files an amendment to the lease showing the change and showing that it has assumed the obligations of the transferor under the lease. No filing fee will be required for the filing of such amendments.
c) Carrier/lessee's name change. In the event that the carrier/lessee undergoes a name change not associated with a transfer as defined in Section 18c-1104 of the Law, the lease shall be void from the date of the name change unless the carrier/lessee files an amendment to the lease showing the changes and stating that the change is not associated with a transfer. No filing fee will be required for the filing of such amendments.
**History**
- *Source: Added at 11 Ill. Reg. 16447, effective October 1, 1987*
##### **92 Ill. Adm. Code 1360.40** Lease Terms and Conditions {#sec-1360.40 omnilex-key=us-il-regs-official--title-92--1360.40}
a) Required terms and information. A lease subject to this Part must specify the information set forth in this subsection.
1) Identifying information
A) Parties. The lease must show the full legal name of the carrier-lessee, as it appears on the carrier's Commission license; the full legal name of the equipment owner-lessor; and the mailing address of each, including street address, city, state, and zip code.
B) Vehicle. The lease must show the type, make, year, and vehicle identification number of the motor vehicle which is subject to the lease.
2) Term of the lease. The lease must specify the dates or the circumstances which begin and end the term of the lease. The term of the lease shall coincide with the times for giving receipts for the equipment as required in subsection (b). The term of the lease shall not exceed 3 years.
3) Compensation to owner and drivers. The lease must specify both the amount and the method of computing the compensation to be paid by the carrier-lessee to the equipment owner. Compensation may be stated either jointly or separately for equipment and drivers. The lease must also specify any documents which must be presented by the lessor before he can receive payment.
4) Responsibility for expenses. The lease must specify the responsibility of the lessee and the lessor for payment of expenses incurred in providing transportation service, either directly or through deductions (chargebacks) from compensation specified in subsection (b)(3). Expenses not expressly made the responsibility of the lessor shall be the responsibility of the lessee. The lease must also specify any documents to be submitted by either party in relation to payment or reimbursement of expenses. Expenses covered under this subsection include:
A) Fuel costs;
B) Fuel and other taxes;
C) Empty mileage;
D) Licenses, permits, plates, and decals of all types except permits issued by the Commission;
E) Tolls and other fees, except those fees paid to the Commission;
F) Insurance and surety coverage (including responsibility for primary insurance);
G) Rentals or other payments to the carrier; and
H) Any other expenses related to the transportation.
5) Supplemental insurance coverage. The lease must specify which party is responsible for securing and paying for, either directly or indirectly, any other insurance or surety coverage in addition to amounts required by Articles IV through IX of Sub-Chapter 4 of the Law (Ill. Rev. Stat. 1985, ch. 95½, pars. 18c-4401 to 18c-4905) or 92 Ill. Adm. Code 1425. If the lessor purchases any such insurance from or through the lessee, the lessee shall provide the lessor, on request, a copy of the policy (policies) and a certificate of insurance showing the name of the insurance company, the policy number, amounts and types of coverage, effective dates of coverage, deductible amounts, and the cost of the coverage.
6) Loss or damages. The lease must specify the conditions under which the lessor may be required to indemnify the lessee for personal injury, property damage, or loss of or damage to cargo. If indemnification is made through deductions from compensation otherwise owed to the lessor, a written itemization and explanation of deductions must be provided to the lessor before any deductions are made.
b) Implied terms. The following terms, if not stated in a lease, shall be implied. Any contrary provisions in the lease shall be void.
1) Exclusive possession and control. The lessee shall have exclusive possession and control of leased equipment during all periods when the equipment is operated under the lease. Such exclusive possession and control shall extend also to the drivers of leased equipment.
2) Insurance coverage. The lessee shall have the responsibility for securing insurance or surety coverage in compliance with Sub-chapter 4 of the Law and 92 Ill. Adm. Code 1425.
3) Payment deadline. Payment of compensation due under a lease must be made within 15 days after submission of any documents specified under subsection (a)(3).
4) Pre-conditions to lease. The lessor is not required to purchase, rent, or lease any goods (including equipment) or services from the lessee as a condition of the lease or of entering into or not cancelling the lease.
5) Other obligations of lessee.
A) Copy of lease. Prior to commencement of operations under a lease, the lessee shall provide the lessor a completed copy of the lease and proof of its transmittal to the Commission.
B) Copy of rated freight bill. If compensation is based on information shown on the bill, the lessee shall provide the lessor with a copy of the rated freight bill at the time compensation for the movement is paid to the lessor. The lessee may delete the names of shippers, consignors, and consignees from the bill.
C) Examination of tariff. If the lessor requests it, the lessee shall allow an examination of its tariffs.
6) Any term of a lease which conflicts with the Illinois Commercial Transportation Law, Commission rules, or Commission orders is void.
**History**
- *Source: Amended at 17 Ill. Reg. 18466, effective October 12, 1993*
##### **92 Ill. Adm. Code 1360.45** Lease Form {#sec-1360.45 omnilex-key=us-il-regs-official--title-92--1360.45}
All leases covered by this Part shall include the Commission's Equipment Lease form.
**History**
- *Source: Added at 11 Ill. Reg. 16447, effective October 1, 1987*
##### **92 Ill. Adm. Code 1360.50** Exemptions from These Leasing Regulations (repealed) {#sec-1360.50 omnilex-key=us-il-regs-official--title-92--1360.50}
**History**
- *Source: Repealed at 11 Ill. Reg. 16447, effective October 1, 1987*
##### **92 Ill. Adm. Code 1360.55** Possession and Control of Leased Equipment {#sec-1360.55 omnilex-key=us-il-regs-official--title-92--1360.55}
a) General requirement. The lessee of equipment used under authority of a license issued by the Commission shall have exclusive possession and control of the equipment while it is so used. Failure to exercise supervision and control of the equipment constitutes an illegal transfer of authority, making both the lessor and lessee subject to sanctions provided by Section 18c-4307 of the Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-4307) (See Section 18c-1704 of the Law).
b) Exceptions. The requirement of exclusive possession and control does not apply to a lessee which, in turn, subleases the equipment to another carrier, since the latter carrier has the obligation to supervise and control the equipment. The requirement does, however, apply to the sublessee.
**History**
- *Source: Added at 11 Ill. Reg. 16447, effective October 1, 1987*
##### **92 Ill. Adm. Code 1360.60** Private Carriers and Shippers (repealed) {#sec-1360.60 omnilex-key=us-il-regs-official--title-92--1360.60}
**History**
- *Source: Repealed at 11 Ill. Reg. 16447, effective October 1, 1987*
##### **92 Ill. Adm. Code 1360.65** Additional Requirements for Trip Leases Between Authorized Carriers {#sec-1360.65 omnilex-key=us-il-regs-official--title-92--1360.65}
Authorized carriers are permitted to trip lease equipment to or from other authorized carriers only if:
a) The lessor owns the equipment or has possession and control of the equipment under a lease of 30 days or more;
b) The lessee exercises exclusive supervision and control of the equipment while it is operated under lessee's license; and
c) All other requirements of this Part are complied with.
**History**
- *Source: Added at 11 Ill. Reg. 16447, effective October 1, 1987*
##### **92 Ill. Adm. Code 1360.70** Filing and Cancellation Requirements (repealed) {#sec-1360.70 omnilex-key=us-il-regs-official--title-92--1360.70}
**History**
- *Source: Repealed at 11 Ill. Reg. 16447, effective October 1, 1987*
### **Subchapter b** Motor Carriers
#### **Part 1376** Accounting and Financial Record Requirements
##### **92 Ill. Adm. Code 1376.10** Generally Accepted Accounting Principles {#sec-1376.10 omnilex-key=us-il-regs-official--title-92--1376.10}
a) All Illinois Commerce Commission licenses common or contract motor carriers of property, and each receiver, trustee, executor, administrator, or assignee of any such carrier, shall comply with generally accepted accounting principles for use in the keeping and recording of their accounts and bookkeeping records.
b) As generally accepted accounting principles, the commission incorporates by reference "Accounting Standards" (June 1992) of the Financial Accounting Standards Board and any subsequent revisions thereof.
##### **92 Ill. Adm. Code 1376.20** Classification of Carriers {#sec-1376.20 omnilex-key=us-il-regs-official--title-92--1376.20}
For the purpose of accounting and reporting regulations, common and contract carriers of property by motor vehicle subject to the Illinois Commerce Commission (Intrastate authority) are grouped into the following four classes:
a) Class I – Carriers having annual gross operating revenues (including interstate and intrastate) of $5 million or more from motor carrier operations.
b) Class II – Carriers having annual gross operating revenues (including interstate and intrastate) of $1 million, but less than $5 million, from motor carrier operations.
c) Class III – Carriers having annual gross operating revenues (including interstate and intrastate) of $100,000, but less than $1 million, from motor carrier operations.
d) Class IV – Carriers having annual gross operating revenues (including interstate and intrastate) of less than $100,000 from motor carrier operations.
##### **92 Ill. Adm. Code 1376.30** Records {#sec-1376.30 omnilex-key=us-il-regs-official--title-92--1376.30}
a) Each carrier shall keep its general accounting books and all other books, records and memoranda which support in any way the entries to such accounting books and analyses of general ledger account balances so that it can furnish at any time full information as to any account. Moreover, it shall support each entry to each account with such detailed information as will provide a ready analysis and verification of the facts recorded therein. All expenditures must be definitely supported by vouchers, payrolls, receipted bills, canceled checks, receipts for petty cash payments, or other evidences of the expenditures incurred. All revenues must be supported by freight bills or, in the case of income from a leasee, other documentation which evidences the revenue received.
b) The books referred to in this Part include not only books of account in a limited technical sense but all other correspondence, memoranda, etc., which will be useful in developing the history of or facts regarding any transaction.
c) Every motor carrier engaged directly or indirectly in any other than a transportation business shall keep separate and distinct records for the transportation operation.
d) Each carrier shall keep its books on the basis of an accounting year of 12 months ending on the 31st day of December of each year.
e) Such books, accounts, records or memoranda shall be preserved for a period of at least three years.
f) Unless otherwise authorized by the Commission in writing, each motor carrier shall have an office in this State and shall keep in said office all such books, accounts, papers, records and memoranda as listed in Section 1376.30(a) above.
##### **92 Ill. Adm. Code 1376.40** Examination and Audit {#sec-1376.40 omnilex-key=us-il-regs-official--title-92--1376.40}
Officers and employees of the Commission shall have the authority under the direction of the Commission to inspect, examine, copy and reproduce any and all books, accounts, papers, records and memoranda kept by such motor carrier, authorized personnel or motor carrier agent.
### **Subchapter b** Motor Carriers of Property
#### **Part 1415** Freight Bills, Bills of Lading, or Other Forms
##### **92 Ill. Adm. Code 1415.5** Application of Part 1415 {#sec-1415.5 omnilex-key=us-il-regs-official--title-92--1415.5}
This Part does not apply to transportation of household goods to the extent that such transportation is governed by 92 Ill. Adm. Code 1455.50.
**History**
- *Source: Section repealed, new Section adopted at 11 Ill. Reg. 16112, effective October 1, 1987*
##### **92 Ill. Adm. Code 1415.10** Freight Bills {#sec-1415.10 omnilex-key=us-il-regs-official--title-92--1415.10}
a) Every common carrier of property by motor vehicle shall, when collecting transportation charges, issue or cause to be issued a freight bill covering each shipment. One bill can cover more than one shipment provided the information required by subsections (b) and (c) is shown for each shipment included in the bill.
b) Each freight bill shall show:
1) The name of the carrier;
2) The names of the consignor and consignee (the freight bill for reconsigned shipments need not show the name of the original consignor);
3) The dates the shipment was received by the carrier for transportation;
4) The points of origin and destination (the freight bill for reconsigned shipments need not show the original shipping point);
5) The number of packages, description of the articles (actual description of the articles is not necessary if the shipment is being transported under an operating authority for general commodities, or packages or parcels, and if the shipment weighs less than 200 pounds, and the rates for the transportation do not vary based on the commodity transported) and weight, volume or measurement of the property transported (if the lawfully applicable rates or charges are published to apply per unit of weight, volume or measurement);
6) The exact rate or rates assessed;
7) The total charges to be collected, including a statement of the nature and amount of any charges for accessorial service, and the points at which such service was rendered; and
8) If more than one carrier provided service on a shipment, each carrier participating shall be named, along with the points, at which the freight was transferred.
c) Each carrier freight bill shall relate to and be cross-referenced to a specific bill of lading or other forms (see Section 1415.20).
**History**
- *Source: Amended at 14 Ill. Reg. 8583, effective June 1, 1990*
##### **92 Ill. Adm. Code 1415.20** Bills of Lading or Other Forms {#sec-1415.20 omnilex-key=us-il-regs-official--title-92--1415.20}
a) Every common carrier of property by motor vehicle shall, upon receipt of property for transportation, issue or cause to be issued a bill of lading or other forms.
b) Each bill of lading or other form shall show:
1) The names of the consignor and consignee;
2) The points of origin and destination;
3) The number of packages (if applicable);
4) A description of the commodity(s) shipped (actual description of the articles is not necessary if the shipment is being transported under an operating authority for general commodities, or packages or parcels, and if the shipment weighs less than 200 pounds, and the rates for the transportation do not vary based on the commodity transported); and
5) The weight, volume or measurement (if the lawfully applicable rates or charges are published to apply per unit of weight, volume or measurement) of the property received.
6) The date the property was received by the carrier for transportation, and such date shall be the date observed for the purpose of assessing rates.
**History**
- *Source: Amended at 14 Ill. Reg. 8583, effective June 1, 1990*
##### **92 Ill. Adm. Code 1415.30** Consecutive Numbering of Bills {#sec-1415.30 omnilex-key=us-il-regs-official--title-92--1415.30}
Freight bills shall be numerically and sequentially numbered by the carrier.
**History**
- *Source: Added at 11 Ill. Reg. 16112, effective October 1, 1987*
##### **92 Ill. Adm. Code 1415.35** Retention of Bills or Forms {#sec-1415.35 omnilex-key=us-il-regs-official--title-92--1415.35}
Freight bills, bills of lading, or other forms for each shipment transported under the authority of a license issued by the Illinois Commerce Commission must be kept as part of the records of the carrier.
**History**
- *Source: Amended at 14 Ill. Reg. 8583, effective June 1, 1990*
#### **Part 1425** Financial Responsibility of Carriers
##### **92 Ill. Adm. Code 1425.10** Licenses Conditioned Upon Compliance with Insurance Requirements {#sec-1425.10 omnilex-key=us-il-regs-official--title-92--1425.10}
A license or registration issued by the Illinois Commerce Commission ("Commission") to a motor carrier of property has force and effect only while the carrier is in compliance with requirements for the filing of proof of insurance or bond coverage.
**History**
- *Source: Amended at 18 Ill. Reg. 11162, effective July 1, 1994*
##### **92 Ill. Adm. Code 1425.20** Proof of Insurance or Bond Coverage {#sec-1425.20 omnilex-key=us-il-regs-official--title-92--1425.20}
a) The Illinois Commerce Commission incorporates by reference 49 CFR 1023.51 through 1023.65, 1023.71, 1023.72, and 1023.81 as of December 1, 1986, as its regulations governing the filing of proof of insurance or bond coverage of cancellation, except as otherwise provided in this Part.
b) The filing of such proof shall constitute acceptance of the minimum terms required by this Part or by statute and shall bind the insurance company thereto.
c) Such coverage shall remain in effect until a cancellation form is filed with the Commission or the coverage is cancelled by the filing of a subsequent form E or H certificate of insurance.
d) Regulated interstate motor carriers of property which use Illinois as their registration state shall file a copy of public liability and property damage insurance or bond coverage that is filed with the Interstate Commerce Commission in accordance with the provisions of Section 11506 of the Interstate Commerce Act (49 USC 11506).
e) No incorporation in this Section contains any later amendments or editions.
f) For Illinois domiciled carriers, and for Illinois licensed intrastate carriers, regardless of domicile, such coverage shall be executed by an admitted insurance company authorized under the laws of the State of Illinois to deliver commercial automobile insurance contracts within the State.
**History**
- *Source: Amended at 18 Ill. Reg. 11162, effective July 1, 1994*
##### **92 Ill. Adm. Code 1425.30** Public Liability and Property Damage Coverage {#sec-1425.30 omnilex-key=us-il-regs-official--title-92--1425.30}
The minimum amounts of public liability and property damage insurance coverage required of all motor carriers of property shall be the amounts required by 49 CFR 1043.2, November 13, 1990, "Security for the protection of the public: Minimum limits".
**History**
- *Source: Amended at 18 Ill. Reg. 11162, effective July 1, 1994*
##### **92 Ill. Adm. Code 1425.40** Cargo Damage Coverage {#sec-1425.40 omnilex-key=us-il-regs-official--title-92--1425.40}
a) The minimum amounts of cargo damage coverage required of all motor common carriers of property shall be as required by the provisions of 49 CFR 1043.2(c), November 13, 1990, except as specified in subsection (b) below.
b) The minimum amounts of cargo damage coverage required of intrastate motor common carriers of property transporting unprocessed agricultural commodities and ordinary livestock shall be $5,000 liability for the unprocessed agricultural commodities, milk in bulk, commodities in dump-type vehicles, or ordinary livestock carried on each vehicle at any one time.
c) Waiver of Requirement. An intrastate motor common carrier of property may be excused from the requirement of filing proof of cargo insurance if:
1) The carrier has filed with the Commission a completed copy of the Commission's Cargo Insurance Waiver Affidavit form stating that the carrier will not, at any time, carry in any vehicle cargo with a value exceeding $5,000, and the carrier does not, at any time, carry cargo in any vehicle with a value exceeding $5,000; and
2) The carrier advises each shipper in writing, prior to rendition of the service, that it does not carry the minimum level of cargo insurance. The burden of proving compliance with this latter requirement shall be on the carrier.
**History**
- *Source: Amended at 18 Ill. Reg. 11162, effective July 1, 1994*
##### **92 Ill. Adm. Code 1425.50** Collect on Delivery ("c.o.d.") Bond Coverage {#sec-1425.50 omnilex-key=us-il-regs-official--title-92--1425.50}
a) The minimum amount of C.O.D. insurance or bond coverage required of a motor common carrier of property for each shipper or consignee for failure of the carrier to remit payment of C.O.D. monies is $10,000.
b) Waiver of requirement. An intrastate motor common carrier of property may be excused from the requirement of filing proof of C.O.D. insurance or bond coverage if:
1) The carrier has filed with the Commission a completed copy of the Commission's C.O.D. Bond Waiver Affidavit form stating that the carrier will not, at any time, accept a C.O.D. shipment, and the carrier does not, at any time, accept a C.O.D. shipment; and
2) The carrier advises each shipper in writing, prior to rendition of the service, that it does not accept C.O.D. shipments. The burden of proving compliance with this latter requirement shall be on the carrier.
##### **92 Ill. Adm. Code 1425.110** Effect of Qualification as Self-Insurer {#sec-1425.110 omnilex-key=us-il-regs-official--title-92--1425.110}
A carrier which has been authorized by order of the Commission to act as a self-insurer is not required to file proof of insurance or bond coverage under this Part.
##### **92 Ill. Adm. Code 1425.120** Minimum Requirements for Self-Insurers {#sec-1425.120 omnilex-key=us-il-regs-official--title-92--1425.120}
The minimum requirements for a carrier to qualify and continue to act as a self-insurer are:
a) Net worth of:
1) $500,000, if the carrier operates less than 25 vehicles;
2) $750,000, if the carrier operates from 25 to 100 vehicles; and
3) $1,000,000, if the carrier operates more than 100 vehicles.
b) Property with a value of $500,000 or more located within the State of Illinois, free from all liens.
##### **92 Ill. Adm. Code 1425.130** Reports to Be Filed by Self-Insurers {#sec-1425.130 omnilex-key=us-il-regs-official--title-92--1425.130}
Each motor carrier of property authorized to be a self-insurer shall file a report with the Commission, not later than the 20th day following the end of each calendar quarter, listing all accidents, injuries, and fatalities arising out of such carrier's operations within the State of Illinois; and claims filed against such carrier of the type for which the carrier is a self-insurer, which have occurred or been filed during the reporting period. The quarterly reports shall also state whether the carrier continues to meet the qualifications for self-insurers listed in Section 1425.120.
##### **92 Ill. Adm. Code 1425.140** Revocation of Authorization to Be a Self-Insurer {#sec-1425.140 omnilex-key=us-il-regs-official--title-92--1425.140}
a) Whenever, after inspection of reports filed pursuant to Section 1425.130, the Commission finds that a carrier no longer meets the minimum requirements of Section 1425.120 for self-insurance, the Commission shall institute a proceeding pursuant to 83 Ill. Adm. Code 200 to suspend or revoke the carrier's authorization to be a self-insurer.
b) If a carrier fails to file the reports required by Section 1425.130, the Commission shall institute a proceeding pursuant to 83 Ill. Adm. Code 200 to suspend or revoke the carrier's authorization to be a self-insurer.
c) Based upon the accident information supplied in the reports filed pursuant to Section 1425.130, the Commission may institute a proceeding pursuant to 83 Ill. Adm. Code 200 to suspend or revoke a carrier's authorization to be a self-insurer.
##### **92 Ill. Adm. Code 1425.150** Reinstatement {#sec-1425.150 omnilex-key=us-il-regs-official--title-92--1425.150}
A carrier that has had its authorization to be a self-insurer suspended or revoked may petition the Commission pursuant to 83 Ill. Adm. Code 200 for reinstatement of its status as a self-insurer. A carrier shall be reinstated if it has remedied the grounds for the suspension or revocation.
#### **Part 1435** Sanctions Including Suspension or Revocation of Operating Authorities and/or the Assessment of Civil Penalties
##### **92 Ill. Adm. Code 1435.10** General Provisions – Applicability {#sec-1435.10 omnilex-key=us-il-regs-official--title-92--1435.10}
The Commission may conduct a proceeding known as an enforcement proceeding, when it has reason to believe that a person has committed an act which is a violation of the applicable statute; of any Commission rule, regulation, order, or requirement; or of any term, condition or limitation of a license or registration issued by the Commission. The result of the operating practices proceeding may be the imposition of sanctions including, but not limited to, the suspension or revocation of the person's license or registration, issuance of a cease and desist order, the assessment of civil penalties, or a combination of sanctions. The operating practices proceeding shall be governed, by the Commission's Rules of Practice, codified as 83 Ill. Adm. Code 200 (General Order 154).
**History**
- *Source: Amended at 10 Ill. Reg. 3820, effective February 10, 1986*
##### **92 Ill. Adm. Code 1435.15** Settlement in Lieu of Formal Enforcement Proceeding {#sec-1435.15 omnilex-key=us-il-regs-official--title-92--1435.15}
Prior to the institution of formal enforcement proceedings before the Illinois Commerce Commission ("Commission") a respondent shall be given the opportunity to settle, at an informal staff level, any controversy regarding the respondent's alleged illegal activity under the Illinois Commercial Transportation Law ("Law") (Ill. Rev. Stat. 1987, ch. 95½, pars. 18c-1101 et seq.).
a) The Notice of Alleged Violation and Opportunity to Settle ("NAVOS") setting forth the alleged violations of the Law or rules of the Commission shall be served on the respondent and shall specify the procedure for the respondent to exercise his option to settle. Included will be instructions to telephone or write to the specific Commission staff member assigned to the case to request and schedule a settlement conference if the respondent chooses to exercise the settlement option. The respondent shall have 20 days from the date of service to exercise his option to settle.
b) Monetary settlements specified in the NAVOS shall be based upon the minimum and maximum amounts set forth in Section 18c-1704(2) of the Law.
c) An amount less than the minimum established in the NAVOS may be agreed upon between the staff of the Commission and the respondent during informal settlement discussions. This lesser amount shall be incorporated in a stipulated settlement agreement which shall be presented to the Commission for approval or rejection pursuant to the provisions of Section 18c-1705 of the Law.
d) Settlement amounts shall be determined upon consideration of the respondent's past compliance history, whether the violation(s) was the result of willful conduct or an incorrect, but colorable interpretation of the Law (e.g., misinterpretation of the commodity authority), his cooperation with authorities in the resolution of the dispute, and his willingness to comply with the Law and Commission rules, the type of violation, the amount of revenue realized from the unlawful activities, and the number of violations.
e) If a settlement agreement is not reached, the matter will be set for hearing before a Commission Hearing Examiner (See 83 Ill. Adm. Code 200).
f) The respondent's right to a hearing and his position at hearing will not be prejudiced in any way if settlement is not reached.
**History**
- *Source: Added at 13 Ill. Reg. 18859, effective November 15, 1989*
##### **92 Ill. Adm. Code 1435.20** Initiation of Enforcement Proceeding {#sec-1435.20 omnilex-key=us-il-regs-official--title-92--1435.20}
a) An enforcement proceeding shall be initiated by the issuance of a Complaint which shall set forth the alleged violations of the Law. The Complaint shall be served on the respondent by certified mail, return receipt requested, at the last address known to the Commission, or by personal service if the respondent is not licensed by the Commission and service by mail cannot be accomplished.
b) The respondent shall have 20 days from the date of service of the Complaint to file a responsive pleading with the Commission. Failure to respond within the specified time shall result in the matter being set for hearing. Notice of the time, date and place for the hearing shall be mailed to the respondent.
c) All matters set for hearing as a result of this Section shall be conducted in accordance with 83 Ill. Adm. Code 200 (Rules of Practice) and with the provisions of Section 18c-1704 of the Law.
d) Respondent's failure to appear at a hearing or otherwise respond to a complaint shall constitute a waiver of the respondent's right to contest the alleged violation(s). Commission staff shall present evidence in support of its allegations and the Commission is authorized, without further notice or hearing, to make findings and may forthwith order the imposition of sanctions including, where applicable, the assessment of a civil penalty.
**History**
- *Source: Amended at 13 Ill. Reg. 18859, effective November 15, 1989*
##### **92 Ill. Adm. Code 1435.30** Service of Order {#sec-1435.30 omnilex-key=us-il-regs-official--title-92--1435.30}
Service of orders shall be made by certified mail, return receipt requested.
##### **92 Ill. Adm. Code 1435.40** Respondent's Reply – Failure to Appear at Hearing {#sec-1435.40 omnilex-key=us-il-regs-official--title-92--1435.40}
Respondent's failure to appear at a hearing or otherwise respond to a citation shall constitute a waiver of the respondent's right to contest the alleged violation(s). Commission staff shall present evidence in support of its allegations and the Commission is authorized, without further notice or hearing, to make findings and may forthwith order the imposition of sanctions including, where applicable, the assessment of an appropriate civil penalty.
**History**
- *Source: Amended at 10 Ill. Reg. 3820, effective February 10, 1986*
##### **92 Ill. Adm. Code 1435.50** Civil Penalties – Method of Payment {#sec-1435.50 omnilex-key=us-il-regs-official--title-92--1435.50}
Whenever the Commission assesses a civil penalty under this Part:
a) Payment of the civil penalty shall be made by certified or cashier's check, money order, or in installments by the foregoing means after execution of a promissory note containing an agreement for judgment.
b) All remittances shall be made payable to the Illinois Commerce Commission and sent to Fiscal Control, Illinois Commerce Commission, 527 East Capitol Avenue, Springfield, Illinois 62706.
##### **92 Ill. Adm. Code 1435.60** Commission Order After Hearing – Civil Penalties {#sec-1435.60 omnilex-key=us-il-regs-official--title-92--1435.60}
If, within 30 days after the service of an order assessing a civil penalty, the respondent has failed to file a Petition for Reconsideration under Section 67 of the Illinois Public Utilities Act, as adopted by Section 18-900 of the Law, or otherwise fails to take a timely appeal, and has not followed the provisions of Section 1435.50 of this Part, the case shall be referred to the Attorney General with a request that an appropriate action to collect the penalty be brought in the applicable circuit court.
#### **Part 1440** Guidelines for the Assessment of Penalties (general Order 55 (mc))
##### **92 Ill. Adm. Code 1440.10** Guidelines in the Assessment of Civil Penalties {#sec-1440.10 omnilex-key=us-il-regs-official--title-92--1440.10}
The following guidelines shall be observed in the assessment of civil penalties.
a) The Standard of Lack of Mitigating Circumstances
In both situations set forth below, it shall be the burden of the respondent to establish a reason why the civil penalty should be mitigated.
1) The violation's occurrence was attributable to causes beyond respondent's control.
2) The violation's occurrence was attributable to action by the Commission which precluded compliance.
b) The Standard of Lack of Good Faith or Intent
1) Included under this standard is the past compliance history of the respondent.
2) Under this standard, the Commission shall consider whether a violation is the result of willful conduct or comes about through mistake, inadvertance or negligence.
c) The Standard of Ability to Pay
The Commission shall consider the financial ability of the respondent to pay the penalties assessed.
d) Degree of Harm to Public, Extent of Violative Conduct
The Commission shall consider the extent of violative conduct which affected the public interest.
e) Financial Benefit Accruing to the Violator
The Commission shall consider the amount of money which accrued to the respondent as a result of its illegal activities.
**History**
- *Source: Amended at 10 Ill. Reg. 3815, effective February 10, 1986*
##### **92 Ill. Adm. Code 1440.20** Procedure for Determining Civil Penalties {#sec-1440.20 omnilex-key=us-il-regs-official--title-92--1440.20}
a) Persons found to have committed one or more violations for which civil penalties may be assessed shall be entitled to have such civil penalties determined in accordance with the following procedure.
1) A numerical value of from 0 to 5 shall be assigned to each of the following factors:
A) the standard of lack of mitigating circumstances;
B) the standard of lack of good faith or intent;
C) the standard of ability to pay;
D) the degree of harm to the public – extent of violative conduct;
E) the financial benefit accruing to the respondent.
2) The values assigned shall be summed. The sum shall be divided by the maximum possible weighted value per violation (25) and then multiplied by $300 per violation. The result will be the civil penalty which the Commission shall seek to assess in actions against the respondent.
b) Notwithstanding the above, when it appears that informal settlement discussions will serve to conserve the resources of the Commission and expedite the disposition of the Commission's caseload without jeopardizing the statutory goals of Commission regulation, a lesser amount may be assessed.
**History**
- *Source: Amended at 16 Ill. Reg. 13496, effective September 1, 1992*
### **Subchapter a** Commercial Transportation Generally
#### **Part 1457** Household Goods Carriers
##### **92 Ill. Adm. Code 1457.10** Application for Temporary Household Goods Authority {#sec-1457.10 omnilex-key=us-il-regs-official--title-92--1457.10}
a) Application for temporary household goods authority shall be filed on forms provided by the Commission.
b) Public notice of application for temporary household goods authority shall be published in the official State newspaper. The published notice must include the docket number assigned to the application by the Commission.
c) Each applicant shall obtain from the official State newspaper a certificate of publication certifying that the notice has been published and showing the contents of the notice and the date of publication. The applicant shall file the certificate with the Commission. A hearing on the application shall not commence until the certificate of publication has been filed.
d) An application for temporary authority cannot be filed unless an application for permanent authority has been filed or is filed concurrently with the application for temporary authority.
e) The applicant shall have 60 days from the issuance of the order granting a temporary authority to file the following with the Commission:
1) Rates applicable to the full extent of the grant of temporary authority;
2) If applicable, proof of insurance as required in compliance with the Workers' Compensation Act [820 ILCS 305];
3) Proof of liability and cargo insurance and any required bonds; and
4) Payment of franchise fees for each truck to be operated under the temporary authority.
f) Upon receipt of a timely request for an extension by the applicant, the Commission shall grant the extension. Failure to submit the documents required by subsection (e) within the 60-day period specified in subsection (e), or within an approved extension period, will result in the order granting the temporary authority being vacated and the application being dismissed. For the purpose of this subsection (f), an extension request is timely if it is received before the expiration of the 60-day period specified in subsection (e) or prior to the expiration of an extension granted by the Commission.
g) Temporary authority shall not be granted unless the application and the evidence presented at hearing demonstrate that a public need exists for the requested service and that the applicant is fit, willing, and able to provide the service requested.
h) Fitness shall be determined in accordance with the provisions of Subpart B of this Part. Evidence that applicant has conducted household goods moves without Commission authority, been assessed civil penalties, or received administrative citations shall be considered by the Commission in determining the applicant's fitness to operate.
i) In determining whether a public need exists for the requested service the Commission shall consider demographic statistics and any other evidence presented that is material and relevant.
j) An applicant may operate as a household goods carrier under a temporary authority for up to one year after issuance of the temporary authority. During that year of operation, the temporary authority holder shall be subject to:
1) A compliance audit conducted by the Commission;
2) A review of any and all consumer complaints against the temporary authority holder.
k) The compliance audit shall include, but not be limited to, a review of:
1) proof of proper insurance;
2) claims/complaints filed by shippers;
3) business organization records;
4) proper documentation of moves including estimates, bills of lading, inventories and claims;
5) liability provisions on estimates and bills of lading;
6) operation within scope of authority;
7) compliance with rate and tariff provisions;
8) distribution of the Commission's consumer brochure;
9) advertising;
10) equipment leases;
11) documentation in vehicles; and
12) carrier identification on vehicles and documents.
l) If substantial violations of the rules and regulations of the Commission are found in either the staff compliance audit or the consumer complaint review conducted under subsection (i), staff shall recommend that the Motor Carrier Employee Board deny permanent authority, and notice of staff's recommendation of denial of permanent authority shall be sent to the temporary authority holder, together with a copy of the audit report and a list of documents referred to in the audit report.
1) The temporary authority holder shall have 30 days from the service date of the notice of staff's recommendation of denial of permanent authority to submit a written request to the Commission for either or both of the following:
A) A six-month extension of its temporary authority to allow opportunity to come into compliance with the rules and regulations of the Commission;
B) A formal hearing regarding the allegations of violations.
2) The hearing on denial of permanent authority shall be held no later than 45 days after the request is received by the Commission.
3) Failure of the Commission to enter a final order within 120 days after the request for a hearing on denial of permanent authority shall constitute denial of permanent authority by operation of law.
4) The Motor Carrier Employee Board shall act on requests for extensions of temporary authorities. A temporary authority holder shall be allowed only one six-month extension of its temporary operating authority.
A) During the six-month extension, the Commission will conduct a compliance audit of the temporary authority holder and a review of consumer complaints against the temporary authority holder.
B) The six-month extension shall terminate six months after the date the extension is granted.
C) If during the six-month extension period the temporary authority holder is found to be in substantial non-compliance with the Commission's rules and regulations, notice of staff's recommendation of denial of permanent authority shall be sent to the temporary authority holder, together with a copy of the audit report and a list of documents referred to in the audit report.
D) The temporary authority holder shall have 30 days from the service date of the notice of staff's recommendation of denial of permanent authority to submit a written request to the Commission for a formal hearing regarding the allegations of violations.
5) The expiration of the temporary authority shall be stayed:
A) During the pendency of a request for extension before the Motor Carrier Employee Board; and,
B) Pending an order by the Commission or Administrative Law Judge pursuant to a request for formal hearing.
6) The Motor Carrier Employee Board shall act on applications for permanent authority following receipt of staff recommendations.
m) A temporary authority shall be converted to a permanent authority upon expiration if the authority holder is found to have operated in substantial compliance with the rules and regulations of the Commission.
**History**
- *Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025*
##### **92 Ill. Adm. Code 1457.20** Notice of Application for Permanent Household Goods Authority {#sec-1457.20 omnilex-key=us-il-regs-official--title-92--1457.20}
a) When public notice of an application is required by the Illinois Commercial Transportation Law (Law) [625 ILCS 5/Ch. 18c], notice shall be given by publication in the "official newspaper" designated by the Department of Central Management Services. The notice must state the docket number assigned by the Commission and must be on the publication of notice form provided by the Commission.
b) An applicant shall be directed to republish notice of an application when the original publication failed to give notice to the public of the nature and extent of the proposed operations or when the publication was not in compliance with the Section.
c) Each applicant shall obtain from the official newspaper a certificate of publication certifying that the notice has been published and showing the contents of the notice and the date of publication. The applicant shall file the certificate with the Commission. A hearing on the application shall not commence until the certificate of publication has been filed.
**History**
- *Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025*
##### **92 Ill. Adm. Code 1457.30** Petitions for Leave to Intervene {#sec-1457.30 omnilex-key=us-il-regs-official--title-92--1457.30}
a) Petitions for leave to intervene in opposition to applications under the Law must be filed within 15 days after the publication of the notice of application.
b) The petition must allege facts that show that:
1) The petition is filed within 15 days after the publication of the notice of application.
2) The petitioner has standing to intervene pursuant to Section 18c-2106 of the Law [625 ILCS 5/18c-2106].
c) A petition to intervene shall be granted when the petition is filed within 15 days after the publication of notice of application and when the petitioner has standing to intervene pursuant to Section 18c-2106 of the Law.
##### **92 Ill. Adm. Code 1457.40** Application for Permanent Household Goods Authority {#sec-1457.40 omnilex-key=us-il-regs-official--title-92--1457.40}
a) Application for permanent household goods authority shall be filed on forms provided by the Commission and must be accompanied by the following:
1) The required fee specified in Subpart Q;
2) If a partnership, a copy of the agreement creating the partnership;
3) If an Illinois corporation, a copy of the articles of incorporation if less than 1 year old; a certificate of good standing from the Illinois Secretary of State if more than one year old. If a foreign corporation, authority to do business in Illinois, as recorded with the Illinois Secretary of State; and
4) If an Illinois limited liability company, a copy of the articles of organization if less than one year old; a certificate of good standing from the Illinois Secretary of State if more than one year old. If a foreign limited liability company, admission to transact business in Illinois as recorded with the Illinois Secretary of State.
b) An application for authority shall be deemed to be an application for both temporary and permanent authority, unless the application states otherwise.
c) Permanent authority shall not be granted:
1) Unless the applicant has met all of the requirements of Section 1457.10 of this Part; and
2) Until the applicant has operated for one year in substantial compliance with the rules and regulations of the Commission under a temporary authority granted by the Commission under this Part.
**History**
- *Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025*
##### **92 Ill. Adm. Code 1457.50** Emergency Temporary Household Goods Authority Application {#sec-1457.50 omnilex-key=us-il-regs-official--title-92--1457.50}
a) Applications for emergency temporary household goods authority shall be filed on forms provided by the Commission and shall be accompanied by:
1) The required fee specified in Subpart Q; and
2) Evidence that an urgent and immediate public need exists for the requested service.
b) Applications received that have not been completed or that are not accompanied by the items specified in subsections (a)(1) and (2) above shall be returned to the applicant.
c) Applications for emergency temporary authority shall not be granted unless the application demonstrates that there is an urgent and immediate need for the authority requested. An urgent and immediate need shall exist if a natural disaster, or other circumstance, has created a need for transportation service that would not exist in the absence of the disaster or circumstance.
##### **92 Ill. Adm. Code 1457.60** Transfer of Permanent Household Goods Authority {#sec-1457.60 omnilex-key=us-il-regs-official--title-92--1457.60}
a) Application for Transfer of Permanent Household Goods Authority Generally
1) Except as otherwise provided in this Part, transfers are hereby provided for to the extent permitted under Section 18c-4306 of the Law.
2) Every transfer application shall be on the Illinois Commerce Commission's (Commission) Transfer Application Form.
3) In all transfers allowed under this Part, whether hearing or non-hearing, the authority transferred shall be converted from a permanent household goods authority to a temporary household goods authority subject to the requirements of Section 1457.10 and Subparts B and C of this Part.
b) Transfers Involving Immediate Family
1) Transfers to members of the transferor's "immediate family" shall be permitted without hearing only where the relationship between transferor and transferee is one of the following:
A) Spouse-Spouse;
B) Civil Union Partner-Civil Union Partner
C) Parent-Child (natural or legally adopted child); or
D) Sibling-Sibling.
2) Other uses of the term "immediate family". When used in relation to a transaction other than a transfer to a member of the transferor's immediate family, the term "immediate family" includes the person's spouse, civil union partner, parents, children, and siblings.
c) Transfers from One Corporation to a Related Corporation
1) No transfer shall be approved under Section 18c-4306(g) of the Law if a shareholder of the transferee would acquire a majority or controlling interest unless the same shareholder possessed a majority or controlling interest in the transferor.
2) No transfer shall be approved under Section 18c-4306(d) of the Law unless the transferor corporation is wholly owned by one person or members of one family.
d) Expedited Household Goods Authority Transfers
1) Except as otherwise provided in this Subpart, expedited transfers are hereby provided for to the extent permitted under Section 18c-4306 of the Law.
2) Applications for expedited (non-hearing) transfers shall be granted or denied, based upon the information contained in this Part and without oral hearing.
3) The application shall be set for hearing pursuant to 83 Ill. Adm. Code 200 if the application does not qualify for expedited transfer.
e) Operations by Fiduciaries Pending Transfer
1) Authority of Fiduciary to Continue Operations. The following fiduciaries shall have authority to continue operations under a license or registration issued by the Commission, pending completion of transfer proceedings, in lieu of the person to which the license or registration was issued:
A) Administrators and executors of the estates of deceased holders;
B) Conservators or guardians of incompetent holders;
C) Provisional directors or custodians of corporations appointed by a court pursuant to Section 12.55 of the Business Corporation Act of 1983 [805 ILCS 5/12.55]; and
D) Trustees, receivers, conservators, assignees, or other persons authorized by law to collect and preserve the property of financially disabled, bankrupt, deceased, or incapacitated holders.
2) Authority Does Not Extend to Transfer by Fiduciary. Authority under subsection (e)(1) does not extend to transfers from fiduciaries to other persons or to operations by such other persons pending transfer from the fiduciaries.
3) Required Filings by Fiduciary
A) Notice. Within 30 days after assuming control, the fiduciary must give notice to the Commission:
i) Identifying the person to whom the license or registration was issued by full legal name, trade name, and principal business address;
ii) Identifying the license or registration by number;
iii) Identifying the fiduciary by full legal name, trade name, and mailing address; and
iv) Stating the date on which the fiduciary assumed control.
B) Proof of Fiduciary Capacity. If control was assumed pursuant to a court order, a certified copy of the order must be attached. If control was assumed other than by court order, an affidavit of fiduciary capacity must be submitted.
C) Transfer Application. The fiduciary shall file an application seeking Commission approval of a transfer of the license or registration, either to the fiduciary or to a transferee designated by the fiduciary. If the fiduciary does not file a transfer application within 180 days after assuming control, the fiduciary must file a report with the Commission, not later than the first day of each succeeding month, explaining the failure to file and must prosecute a transfer application. Such factors as court delays, progress in an estate settlement, and legal action against the estate will be considered as justification for failure to file and process a transfer application.
D) Proof of Insurance. No operations may be conducted until the fiduciary has obtained and filed with the Commission proof of insurance coverage for those operations in compliance with Section 18c-4901 or Section 18c-6503 of the Law.
f) Transfers Not Subject to Commission Approval
1) If a merger, acquisition of control, or other transaction that is authorized pursuant to 49 U.S.C. 11343 involves one or more motor carriers of property licensed by the Commission, such transaction shall be recognized by the Commission subject to the provisions of subsection (b) of this Section.
2) No license transferred by operation of 49 U.S.C. 11343 shall be effective for any purpose unless and until the person to whom the license is being transferred notifies the Commission of the transfer. Notification shall be accomplished by completing and filing the forms obtained from the Commission for this purpose, along with the required fee set forth in Section 1457.1300 of this Part.
**History**
- *Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025*
##### **92 Ill. Adm. Code 1457.80** Requirements to Show Fitness {#sec-1457.80 omnilex-key=us-il-regs-official--title-92--1457.80}
The applicant shall present clear and convincing evidence that fitness has been established for the issuance of the requested authority.
a) In determining whether the applicant is fit to operate as a household goods carrier, the Illinois Commerce Commission shall require proof of the following factors:
1) The applicant has attended a seminar regarding this Part conducted or approved by the Commission's Compliance Advisory Service;
2) The applicant has obtained a 75% or better passing grade on a written test administered by the Commission that tests the applicant's knowledge of this Part related to the requested authority.
A) The applicant may not take this test more than once in any seven-day period;
B) An applicant may not have more than one partner or controlling stockholder take this test in any seven-day period;
3) The applicant possesses, or can acquire, equipment and facilities of a type required for the transport of household goods as evidenced by a description, submitted with the application, of the equipment to be used by the applicant in the conduct of intrastate transportation (which shall include equipment that is currently owned by the applicant, leased by the applicant, or is to be otherwise acquired by the applicant);
4) The applicant has established a safety, training, and maintenance program, including any policies regarding traffic citations issued against drivers and any refresher/remedial training courses required of drivers;
5) The financial condition of the applicant as represented by the completed financial statement (consisting of balance sheet and projected income statement) included with the application. Evidence will be required at hearing to corroborate the information provided in the financial statement with the information in the shipper support statements;
6) Required insurance coverage on file with the Commission including, where applicable, insurance in compliance with the Workers' Compensation Act [820 ILCS 305].
b) In determining whether the applicant is fit to operate as a household goods carrier, the Commission shall consider the following:
1) The applicant's safety record as evidenced by a certification or record from the Federal Motor Carrier Safety Administration of the United States Department of Transportation, the Illinois Department of Transportation, or the appropriate regulatory body of another state, setting forth:
A) Any motor carrier safety citations issued against the applicant during the three years preceding application; and
B) Whether the file contains any record of any disciplinary action, taken or pending, during the three years preceding application.
2) Any citations or disciplinary actions against the applicant to determine whether a pattern of violations exists and will consider the severity of the violations.
3) The conviction of the applicant of a crime punishable by death or imprisonment in excess of one year under the law under which he/she was convicted, or a crime involving dishonesty or false statement regardless of the punishment. The Commission will consider the type of crime, when the crime occurred, and the age of the applicant at the time of the incident.
4) Whether the applicant is currently, or has been, the subject of civil penalty action by the Commission. In determining whether to grant authority to an applicant who is currently, or has been, the subject of prior civil penalty action, the Commission shall consider:
A) Whether the violations were committed knowingly and willfully;
B) Whether the violations caused economic harm to authorized carriers;
C) Whether a pattern of violations exists;
D) The applicant's cooperation in resolving previous violations; and
E) Whether the applicant is delinquent in paying a monetary settlement or civil penalty assessed by the Commission.
5) Other facts that may bear on the applicant's fitness to hold the license applied for.
c) For purposes of subsections (a)(1) and (2) and (b)(4) of this Section, "applicant" shall mean proprietors, partners, a member or manager of a limited liability company, or, in the case of a corporation, an officer or anyone holding a controlling interest in the corporation.
**History**
- *Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025*
##### **92 Ill. Adm. Code 1457.90** Continued Fitness, Service, and Advertising Standards {#sec-1457.90 omnilex-key=us-il-regs-official--title-92--1457.90}
a) Personnel Standards
1) No household goods carrier shall permit any driver, helper, and/or packer to be used in the transportation of any household goods shipment or in the performance of accessorial services unless that person is trained in the movement of household goods. Carriers are permitted to use interns or trainees for which the shipper is not charged. Interns and trainees shall be included and specified as such on the estimate of charges. Interns and trainees shall be under the direct supervision of at least one experienced employee.
2) No household goods carrier shall knowingly permit drivers, interns, trainees, helpers and/or packers to go on duty who are under the influence of alcoholic beverages or liquors of any kind, or narcotics, or habit-forming drugs not prescribed by a physician. Nor shall the use of these substances be allowed while the employees are on duty. Knowledge by the carrier is deemed to exist if known to the foreman or other manager of the crew.
b) Equipment Standards
1) Equipment and facilities utilized by a household goods carrier for the transportation of household goods shall be maintained in a manner that is sufficient to protect the goods from damage or breakage. The interior of those vehicles used to transport household goods shipments shall be clean and free from vermin and debris.
2) For shipments transported at hourly rates, the household goods carrier shall determine the number of personnel, excluding carrier interns and trainees for which the shipper is not charged, and the size and the number of motor vehicle equipment that is appropriate to provide safe and timely transportation services for the requested movement. If the carrier deviates from its initial determination as stated in the carrier's written estimate, the shipper shall not be charged for any resulting excess charges in unless the shipper is informed and agrees in writing. A notation shall be placed on the bill of lading indicating the number of personnel and motor vehicles initially estimated and the number actually furnished and used for the move.
c) Advertising Standards
1) For purposes of this Section, the term "advertisement" means any advertisement, solicitation, or other communication with the public in relation to the offer or sale of Illinois intrastate household goods transportation service. The term shall include advertisement by radio, television, internet, computer media or any other medium. The term shall not include a simple listing of household goods carriers' names, addresses, and telephone numbers, as in a telephone directory.
2) Each household goods carrier shall include, and shall require each of its agents to include, in every advertisement the full name of the originating household goods carrier as it appears on the carrier's license from the Commission. The advertisement shall also identify the carrier by showing the characters "ILL.C.C.", "ILCC", "IllCC" followed by the license number assigned to the household goods carrier by the Commission.
3) Household goods carriers who are duly authorized agents for other licensed carriers, including carriers operating under the jurisdiction of the Federal Motor Carrier Safety Administration, may advertise and represent themselves as such an agent.
4) The following advertising practices shall not be conducted by household goods carriers:
A) Household goods carriers shall not advertise rates unless the following caveats are included in the advertisement:
i) "Rates effective (date), subject to change"; and
ii) "Actual charges governed by applicable tariffs, this advertisement notwithstanding";
B) Household goods carriers shall not misrepresent the scope of services offered and made available to the public under authority of the license issued by the Commission;
C) Household goods carriers shall not advertise that their operations are conducted at addresses or locations where duly authorized employees are not on duty during all business hours. The location of a telephone answering service does not constitute an address or location where duly authorized employees are on duty;
D) Household goods carriers shall not advertise or otherwise offer to provide insurance or storage of personal property for compensation unless the carrier is duly licensed to engage in the offered activity by the appropriate agency of the State of Illinois; and
E) No applicant for household goods authority shall advertise by any means until authority to operate has been issued by the Commission.
5) No person without authority to operate as a household goods carrier issued by the Commission shall advertise, solicit, or hold themselves out as offering or selling Illinois intrastate transportation of household goods service. Each day's continuance of a violation shall constitute a separate violation.
d) Standards for Forms of Payment
1) Household goods carriers shall accept payment tendered in the following forms:
A) Cash;
B) Cashier's check; or
C) Money order.
2) A household goods carrier may accept payment in other forms, including personal checks and credit cards, if to do so does not result in a practice that circumvents the statutory requirement that a carrier charge no more or less than the rate in the applicable tariff. No household goods carrier shall accept barter as payment.
3) A household goods carrier shall not refuse to accept any ordinary form of payment unless, before rendition of the service, the carrier has advised the shipper, in writing, that it would not accept payment in the form tendered.
e) Notification of any delay in pickup or delivery shall be given to the shipper by telephone, e-mail, fax, text, or other immediate electronic means, or in person, at the carrier's expense, as soon as it becomes apparent that the delay will occur, provided the shipper has given information sufficient for the communication.
f) All household goods carriers shall hold themselves out to provide a guaranteed delivery service at the tariff charge. The term "guaranteed delivery" shall mean that a carrier providing service shall perform delivery on a specified date.
g) No household goods carrier shall accept a shipment of household goods for transportation that is subject to the minimum weight, distance, or time provisions of the carrier's tariff without first having advised the shipper of the minimum weight, distance, or time provisions. Failure to advise the shipper, in writing, of the provisions shall void the minimum rate application.
h) All household goods carriers shall maintain on file with the Commission all required insurance coverage including, where applicable, insurance in compliance with the Workers' Compensation Act [820 ILCS 305].
i) If a change is made to this Part that requires a household goods carrier to amend its tariffs or forms, the household goods carrier shall amend its tariffs and forms within 6 months after the effective date of the amendment. The household goods carrier shall continue to charge the rates on file with the Commission, and use forms consistent with those rates, until the amended tariff is accepted by the Commission or until the 6-month period has lapsed, whichever occurs first.
**History**
- *Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025*
##### **92 Ill. Adm. Code 1457.100** Licenses Conditioned Upon Compliance with Insurance Requirements {#sec-1457.100 omnilex-key=us-il-regs-official--title-92--1457.100}
a) Whenever a household goods carrier is required to file and maintain with the Commission evidence of currently effective insurance, the household goods carrier shall not engage in intrastate commerce within the borders of the State of Illinois unless there shall have been filed with and accepted by the Commission a currently effective certificate of insurance as prescribed by the provisions of Subpart C.
b) A license or registration issued by the Illinois Commerce Commission to a household goods carrier has force and effect only while the carrier is in compliance with requirements for the filing of proof of insurance or bond coverage.
**History**
- *Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025*
##### **92 Ill. Adm. Code 1457.110** Proof of Insurance or Bond Coverage {#sec-1457.110 omnilex-key=us-il-regs-official--title-92--1457.110}
a) Household goods carriers shall file with the Commission certificates of insurance or surety bond coverage in the amounts prescribed in Sections 1457.120 and 1457.130.
b) Certificates of insurance shall state that the insurer has issued to the household goods carrier a policy of insurance which by endorsement provides insurance covering the obligations imposed upon the household goods carrier under the laws of the State of Illinois.
c) Certificates of public liability and property damage insurance shall be filed on Form E (Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance). Certificates of cargo damage coverage shall be filed on Form H (Uniform Motor Carrier Cargo Liability Certificate of Insurance). Cancellations of certificates of insurance shall be filed on Form K (Uniform Notice of Cancellation of Motor Carrier Insurance Policies).
d) Public liability and property damage surety bonds shall be filed on Form G (Uniform Motor Carrier Bodily Injury and Property Damage Liability Surety Bond). Cargo damage surety bonds shall be filed on Form J (Uniform Motor Carrier Cargo Damage Liability Surety Bond). Cancellations of surety bonds shall be filed on Form L (Uniform Notice of Cancellation of Motor Carrier Surety Bonds).
e) The filing of proof of insurance or bond coverage with the Commission shall constitute acceptance of the minimum terms required by this Part or by statute and shall bind the insurance company.
f) Coverage shall remain in effect until a cancellation form is filed with the Commission or the coverage is cancelled by the filing of a subsequent form with the Commission. Household goods carriers shall submit a notice of cancellation to the Commission no later than the effective date of cancellation of the policy.
g) For Illinois domiciled carriers, and for Illinois licensed intrastate carriers, regardless of domicile, coverage shall be executed by an admitted insurance company authorized under the laws of the State of Illinois to deliver commercial insurance contracts within the State.
**History**
- *Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025*
##### **92 Ill. Adm. Code 1457.120** Public Liability and Property Damage Coverage {#sec-1457.120 omnilex-key=us-il-regs-official--title-92--1457.120}
The minimum amounts of public liability and property damage insurance coverage required of all household goods carriers shall be the amounts required by 49 CFR 387.303T "Security for the protection of the public: Minimum limits", as that Part was in effect on October 1, 2023. No later amendments or editions are incorporated.
**History**
- *Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025*
##### **92 Ill. Adm. Code 1457.130** Cargo Damage Coverage {#sec-1457.130 omnilex-key=us-il-regs-official--title-92--1457.130}
a) Except as specified in subsection (b), the minimum amounts of cargo damage coverage required of all motor common carriers of property shall be as required by the provisions of 49 CFR 387.303T(c), "Household goods motor carriers: Cargo liability", as that Part was in effect on October 1, 2023. No later amendments or editions are incorporated.
b) Waiver of Requirement. A household goods carrier may be excused from the requirement of filing proof of cargo insurance if:
1) The carrier has filed with the Commission a completed copy of the Commission's Cargo Insurance Waiver Affidavit form stating that the carrier will not, at any time, carry in any vehicle cargo with a value exceeding $5,000; and
2) The carrier advises each shipper in writing, prior to rendition of the service, that it does not carry the minimum level of cargo insurance. The burden of proving compliance with this latter requirement shall be on the carrier.
**History**
- *Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025*
##### **92 Ill. Adm. Code 1457.140** Collect on Delivery (c.o.d.) Bond Coverage {#sec-1457.140 omnilex-key=us-il-regs-official--title-92--1457.140}
a) For purposes of this Section, a collect-on-delivery (C.O.D.) shipment means a shipment upon which the consignor/shipper has attached, as a condition of delivery, the collection of a specific sum or sums of moneys from the consignee/receiver by the carrier making delivery and the return of those moneys to the consignor or other payee named by the consignor.
b) No household goods carrier shall accept C.O.D. shipments unless it has on file with the Commission proof of C.O.D. insurance or bond coverage.
c) The minimum amount of C.O.D. insurance or bond coverage required of a household goods carrier for each shipper or consignee for failure of the carrier to remit payment of C.O.D. monies is $10,000.
**History**
- *Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025*
##### **92 Ill. Adm. Code 1457.150** Shipper Valuation Coverage {#sec-1457.150 omnilex-key=us-il-regs-official--title-92--1457.150}
a) A household goods carrier's liability for loss or damage to a household goods shipment is limited to the greater of:
1) Sixty cents per pound per article; or
2) The lump sum value declared in writing by the shipper.
b) The shipper shall elect one of the options in subsection (a) by initialing or signing next to the option selected either on the bill of lading or on a separate attachment to the bill of lading. A shipper's election of a lump sum value shall be effective only if the shipper has paid applicable valuation charges. Otherwise, the shipper shall be deemed to have elected sixty cents per pound per article.
**History**
- *Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025*
##### **92 Ill. Adm. Code 1457.160** Shipper Insurance Coverage {#sec-1457.160 omnilex-key=us-il-regs-official--title-92--1457.160}
a) Advertisement of Shipper Insurance.
1) Limited risk insurance. A household goods carrier, or its employee, agent, or representative, shall not advertise or represent to the public that insurance is provided against all risks, unless its insurance in fact affords protection to the shipper from every peril to which the shipment shall be exposed. When all except certain risks are insured against, this fact shall be indicated in any advertisement and in any representations to shippers regarding the insurance. Such advertising and representations shall not deceive or mislead the public or any shipper regarding the scope of the exceptions. Policies providing coverage against specific perils only shall be advertised, represented, and designated as "limited-risk" policies or by some other appropriate designation that indicates clearly to the shipper that not all risks are covered.
2) Prerequisites to advertising insurance. No household goods carrier or employee, agent or representative, shall sell, or offer to sell, or procure for any shipper, any kind of insurance covering the loss of or damage to household goods to be transported by the carrier unless the carrier is in full compliance with the requirements of Article XXXI of the Illinois Insurance Code and the rules implementing Article XXXI regarding licensing as a condition precedent to the sale of insurance (50 Ill. Adm. Code 3101 through 3150).
b) Nothing in this Section shall prohibit a household goods carrier from enrolling its shippers under a master inland marine insurance policy issued to the carrier.
c) No household goods carrier may charge a shipper for insurance unless the shipper agrees to the insurance, in writing, prior to the move.
d) Every household goods carrier selling insurance to a shipper must furnish a copy of the insurance policy to the shipper prior to rendition of the service. The insurance policy must include the name, address and telephone number of the insurance company and/or the insurance company's agent that the shipper may use in the filing of a claim for loss and damaged goods.
e) The household goods carrier must keep a copy of the insurance policy as part of its records for the move. An original copy of the insurance policy or certificate is to be filed with the issuing insurance company.
##### **92 Ill. Adm. Code 1457.200** Effect of Qualification as Self-Insurer {#sec-1457.200 omnilex-key=us-il-regs-official--title-92--1457.200}
A carrier that has been authorized by order of the Commission to act as a self-insurer is not required to file proof of insurance or bond coverage under this Part.
##### **92 Ill. Adm. Code 1457.210** Minimum Requirements for Self-Insurers {#sec-1457.210 omnilex-key=us-il-regs-official--title-92--1457.210}
The minimum requirements for a carrier to qualify and continue to act as a self-insurer are:
a) Net worth of:
1) $500,000, if the carrier operates less than 25 vehicles;
2) $750,000, if the carrier operates from 25 to 100 vehicles; and
3) $1,000,000, if the carrier operates more than 100 vehicles.
b) Property with a value of $500,000 or more located within the State of Illinois, free from all liens.
##### **92 Ill. Adm. Code 1457.220** Reports to Be Filed by Self-Insurers {#sec-1457.220 omnilex-key=us-il-regs-official--title-92--1457.220}
Each household goods carrier authorized to be a self-insurer shall file a report with the Commission, not later than the 20th day of each calendar quarter, listing all accidents, injuries, and fatalities arising out of each carrier's operations within the State of Illinois and claims filed against the carrier of the type for which the carrier is a self-insurer, which have occurred or been filed during the reporting period. The quarterly reports shall also state whether the carrier continues to meet the qualifications for self-insurers listed in Section 1457.210.
##### **92 Ill. Adm. Code 1457.230** Revocation of Authorization to Be a Self-Insurer {#sec-1457.230 omnilex-key=us-il-regs-official--title-92--1457.230}
a) Whenever, after inspection of reports filed pursuant to Section 1457.220, the Commission finds that a carrier no longer meets the minimum requirements of Section 1457.210 for self-insurance, the Commission shall institute a proceeding pursuant to 83 Ill. Adm. Code 200 to suspend or revoke the carrier's authorization to be a self-insurer.
b) If a carrier fails to file the reports required by Section 1457.220, the Commission shall institute a proceeding pursuant to 83 Ill. Adm. Code 200 to suspend or revoke the carrier's authorization to be a self-insurer.
c) Based upon the accident information supplied in the reports filed pursuant to Section 1457.220, the Commission may institute a proceeding pursuant to 83 Ill. Adm. Code 200 to suspend or revoke a carrier's authorization to be a self-insurer.
##### **92 Ill. Adm. Code 1457.240** Reinstatement {#sec-1457.240 omnilex-key=us-il-regs-official--title-92--1457.240}
A carrier that has had its authorization to be a self-insurer suspended or revoked may petition the Commission pursuant to 83 Ill. Adm. Code 200 for reinstatement of its status as a self-insurer. A carrier shall be reinstated if it has remedied the grounds for the suspension or revocation.
##### **92 Ill. Adm. Code 1457.300** Introduction {#sec-1457.300 omnilex-key=us-il-regs-official--title-92--1457.300}
This Subpart implements the Illinois General Assembly's charge to the Commission in P.A. 89-444 to specify procedures for resolving disputes between household goods carriers and shippers. The provisions of this Subpart are intended to establish a program that provides a fair, fast, and inexpensive means of resolving the disputes that inevitably arise between household goods carriers and their shippers, and they shall be interpreted and applied to that end.
##### **92 Ill. Adm. Code 1457.310** Definitions {#sec-1457.310 omnilex-key=us-il-regs-official--title-92--1457.310}
For the purpose of this Subpart:
"Arbitration" means the process by which a dispute, which has been voluntarily submitted by a shipper to the Commission for resolution, is decided.
"Carrier" or "household goods carrier" means a person or entity that engages in the for-hire intrastate transportation of household goods.
"Dispute" means a disagreement between a shipper and a carrier relating to the propriety of charges for the services rendered, or loss of or damage to lading from the loading, unloading, or transportation of the lading.
"Household goods" means the personal effects and property used or to be used in a dwelling, when a part of the equipment or supply of such dwelling.
"Mediation" means the informal process, voluntarily agreed to by the shipper, by which a carrier and shipper attempt to achieve a mutually satisfactory resolution of a dispute with the assistance of a Commission-appointed mediator acting as a neutral, impartial, third party.
"Shipper" means a person who utilizes the services of a carrier for the transportation of household goods.
**History**
- *Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025*
##### **92 Ill. Adm. Code 1457.320** Shipper-Carrier Negotiation {#sec-1457.320 omnilex-key=us-il-regs-official--title-92--1457.320}
Prior to involving the dispute resolution procedures established by this Subpart, the shipper and carrier must make a good faith attempt to resolve the underlying dispute. Disputes are subject to the claims provisions of Subparts F and G of this Part. Commission staff will, upon request, provide the parties with information necessary or helpful in negotiating a resolution to the dispute or in following established claim procedures.
##### **92 Ill. Adm. Code 1457.330** Mediation {#sec-1457.330 omnilex-key=us-il-regs-official--title-92--1457.330}
If a shipper and carrier are unable to resolve a dispute, either party may request the Commission staff's participation in the dispute resolution process as a mediator.
a) Both shippers and carriers are required to participate in mediation in good faith. "Good faith participation" includes participation by a representative of the carrier who has authority to agree to settlement. However, the fact that a settlement is not achieved does not in itself constitute evidence of lack of good faith participation.
b) Mediation may take any form or employ any process to which the parties and the mediator agree. Mediation will terminate when the parties reach an agreement about all issues in dispute, when the shipper withdraws as a participant, or when the staff mediator determines that there is no reasonable likelihood that the parties will reach an agreement on any issues remaining in dispute.
c) At the conclusion of mediation, the staff mediator will prepare a memorandum for the parties reflecting the terms of their agreement. If any issues remain unresolved, the staff mediator will give the parties a written opinion as to the merits of the issues remaining in dispute, based on the information available to the staff mediator and the applicable law. The opinion expressed by the staff mediator shall not be binding on the Commission.
**History**
- *Source: Amended at 31 Ill. Reg. 3156, effective March 1, 2007*
##### **92 Ill. Adm. Code 1457.340** Arbitration {#sec-1457.340 omnilex-key=us-il-regs-official--title-92--1457.340}
If some or all of the issues in dispute between a shipper and a carrier remain unresolved after mediation, the shipper may request arbitration of the dispute by a Commission arbitrator, appointed by the Commission. Carriers are deemed to join in a request for arbitration submitted by a shipper.
a) To commence arbitration, a shipper must sign and submit an Agreement to Arbitrate form obtained from the Commission, along with an arbitration fee of $25. When a shipper submits a form, the carrier and shipper agree to abide by the terms of the arbitration award.
b) The Agreement to Arbitrate will specify that the arbitration award will be based solely on written submissions, documents and exhibits, unless the arbitrator and both parties agree to an oral hearing. The Commission will serve a copy of any submissions from one party on the other party.
1) Along with a signed Agreement to Arbitrate, the shipper shall submit two copies of a statement setting forth a brief description of the issues in dispute and its positions and arguments on the issues, accompanied by two copies of whatever documents, exhibits or other written submissions the shipper believes to be relevant to those issues.
2) Within 10 business days after the Commission has sent the Agreement to Arbitrate and shipper's submissions to the carrier, the carrier may submit two copies of a statement and other written submissions responding to the shipper's submissions and setting forth its own positions and arguments about the issues in dispute.
3) Within seven business days after the Commission has sent the carrier's submissions to the shipper, the shipper may submit 2 copies of a reply to the carrier's submissions.
c) Within 10 business days after the time for receiving the shipper's reply, the Commission arbitrator shall prepare, sign, and send to the parties a written award disposing of all issues in dispute. The award shall include a brief statement of the findings of fact made by the arbitrator and the basis for the award.
d) Unless otherwise provided by this Section, proceedings under this Section shall be governed by the provisions of the Uniform Arbitration Act [710 ILCS 5].
**History**
- *Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025*
##### **92 Ill. Adm. Code 1457.400** Definitions {#sec-1457.400 omnilex-key=us-il-regs-official--title-92--1457.400}
"Claimant" means any shipper, receiver, or authorized agent filing a request with a carrier for loss of or damage to the household goods shipment, or for the refund of an overcharge or duplicate payment.
"Duplicate payment" means 2 or more payments for transporting the same shipment. Where one or more payments is not in the exact amount of the applicable rates and charges, refunds shall be made on the basis of the excess amount over the applicable rates and charges.
"Overcharge" means charges and payments for transportation services in excess of those applicable under tariffs or schedules lawfully on file with the Commission. It also includes "duplicate payments" as defined in this Section when a dispute exists between parties concerning the charges. "Unidentified payment" means a payment that a carrier has received but that the carrier is unable to match with its own open accounts receivable or otherwise identify as being due for the performance of transportation services.
##### **92 Ill. Adm. Code 1457.405** Filing of Claims {#sec-1457.405 omnilex-key=us-il-regs-official--title-92--1457.405}
a) A claim shall not be paid unless filed in writing with the household goods carrier that collected the transportation charges. The household goods carrier collecting the payment for the shipment shall be the carrier to process all claims. When a claim is filed with another carrier that participated in the transportation, that carrier shall transmit the claim to the collecting carrier within 15 days after receipt of the claim. If the collecting carrier is unable to dispose of the claim for any reason, the claim may be filed with or transferred to any participating carrier for final disposition.
b) A single claim may include more than one shipment provided the claim on each shipment involves:
1) The same rate publication issue or authority or circumstances;
2) Single-line service by the same carrier; or
3) Service by the same interline carriers.
##### **92 Ill. Adm. Code 1457.410** Documentation of Claims {#sec-1457.410 omnilex-key=us-il-regs-official--title-92--1457.410}
a) Claims shall include the name of the claimant, the claims file number if any (see Section 1457.420), and the amount of the refund sought to be recovered. Claims for overcharge shall be accompanied by the original or a shipper-certified copy of the bills of lading and payment documents, unless the originals were not paper documents. Additional information may include, but is not limited to, the following:
1) The rate, classification or commodity description or weight claimed to have been applicable;
2) Complete tariff authority for the rate, classification or commodity description claimed; and
3) Other documents or data the claimant believes substantiate the basis for its claim.
b) Claims for duplicate payment shall be accompanied by the original or a shipper-certified copy of the bills of lading for which charges were paid and payment documents, unless the originals were not paper documents.
c) Not withstanding subsections (a) and (b) of this Section, the failure to provide sufficient information and documentation to allow a carrier to conduct an investigation and pay or decline the claim within the allowable time limitation shall not constitute grounds for disallowance of the claim. Rather, the carrier shall comply with Section 1457.415(c) to obtain the additional information required.
##### **92 Ill. Adm. Code 1457.415** Investigation of Claims {#sec-1457.415 omnilex-key=us-il-regs-official--title-92--1457.415}
a) Upon receipt of a written claim, the processing carrier shall initiate an investigation and establish a file, as required by Section 1457.420.
b) If a carrier discovers an overcharge or duplicate payment that has not been the subject of a claim, it shall, within 10 days, initiate an investigation and comply with the provisions of Section 1457.435.
c) In the event the carrier processing the claim requires information or documentation in addition to that submitted with the claim, the carrier shall, within 10 days, notify the claimant and specify the additional information requested. This includes notifying the claimant that a written claim must be filed before the carrier becomes subject to the time limits for settling a claim under Section 1457.430.
##### **92 Ill. Adm. Code 1457.420** Claim Records {#sec-1457.420 omnilex-key=us-il-regs-official--title-92--1457.420}
At the time a claim is received, the carrier shall create a separate file and assign it a consecutive claim file number. The written claim shall be placed in this file. The carrier shall note the claim file number on all documents filed in support of the claim and on all records and correspondence with respect to the claim, including the written acknowledgment of receipt required by Section 1457.425. If pertinent to the disposition of the claim, the carrier shall also note that number on the shipping order and any delivery receipt covering the shipment involved.
##### **92 Ill. Adm. Code 1457.425** Acknowledgment of Claims {#sec-1457.425 omnilex-key=us-il-regs-official--title-92--1457.425}
Upon receipt of a written claim, the carrier shall acknowledge its receipt in writing to the claimant within 30 days after the date of receipt. The carrier shall include the date of receipt in its written acknowledgment and shall also enter this date on the face of the written claim.
##### **92 Ill. Adm. Code 1457.430** Disposition of Claims {#sec-1457.430 omnilex-key=us-il-regs-official--title-92--1457.430}
a) Within 60 days after its receipt by the carrier, the processing carrier shall pay, decline to pay, or make a written firm offer to be held open for 30 days to settle, each written claim, except where both the claimant and the carrier agree in writing to extension of time for a definite period.
b) If the carrier declines to pay a claim or makes a firm offer to settle in an amount different from that sought, the carrier shall give the claimant written notice of its action and reasons for its action, citing tariff authority or other pertinent information developed as a result of its investigation. The carrier shall give notice within the time period specified in subsection (a).
##### **92 Ill. Adm. Code 1457.435** Disposition of Unidentified Payments, Overcharges, and Duplicate Payments Not Supported by Claims {#sec-1457.435 omnilex-key=us-il-regs-official--title-92--1457.435}
a) If a carrier does not have sufficient information with which to determine whether a payment is owed to the carrier or is in the proper amount, the carrier shall notify the payer of the unidentified payment within 60 days after receipt of the payment and request information that will enable the carrier to make the determination. If the carrier does not receive the information requested within 90 days from the date of notice, the carrier may treat the unidentified payment as a payment in fact of charges owing to it, except that following the 90-day period, the regular claims procedure under this Part shall be applicable.
b) Notice of unidentified payment, overcharges, and duplicate payments not supported by claims.
1) Notices shall be in writing and clearly indicate that it is a final notice and not a bill.
2) Notice shall include:
A) The check number, amount, and date;
B) The payer's name; and
C) Any additional information the carrier is able to provide, such as copies of any materials, invoices, or letters sent with the unidentified payment.
3) The final notice also must inform the payer that:
A) Applicable regulations allow the carrier to conditionally retain the payment as revenue in the absence of a timely response by the payer; and
B) Following the 90-day period the regular claims procedure shall be applicable.
c) Multiple Carrier Claims
1) When a carrier that participated in a transportation movement, but did not collect the transportation charges, finds that an overpayment has been made, that carrier shall, within 10 days, notify the collecting carrier.
2) When the collecting carrier (whether single or joint-line) discovers or is notified by a participating carrier that an overcharge or duplicate payment exists for any transportation charge that has not been the subject of a claim, the carrier shall create a file as if a claim had been submitted and shall record in the file the date it discovered or was notified of the overpayment.
3) The carrier that collected the charges shall then refund the amount of the overpayment to the person who paid the transportation charges or to the person that made duplicate payment within 30 days from the date of the discovery or notification.
##### **92 Ill. Adm. Code 1457.440** Definitions {#sec-1457.440 omnilex-key=us-il-regs-official--title-92--1457.440}
"Claimant" means any shipper, receiver, or authorized agent filing a request with a carrier for loss of or damage to the household goods shipment, or for the refund of an overcharge or duplicate payment.
##### **92 Ill. Adm. Code 1457.450** Limitations for Filing a Claim {#sec-1457.450 omnilex-key=us-il-regs-official--title-92--1457.450}
a) Any limitation for the filing of claims for loss or damage to a shipment must allow at least 90 days after the shipment is delivered or scheduled to be delivered for the filing of a claim by the shipper with the carrier.
b) Any limitations on the filing of suits by the shipper for loss or damage to a shipment must allow at least 2 years from the date of written notice by the carrier that it declined to pay the claim.
**History**
- *Source: Amended at 31 Ill. Reg. 3156, effective March 1, 2007*
##### **92 Ill. Adm. Code 1457.455** Requirements for Form and Content of Claims {#sec-1457.455 omnilex-key=us-il-regs-official--title-92--1457.455}
a) A household goods carrier shall not voluntarily pay a claim for loss, damage, injury, or delay to cargo unless the claimant files a written claim with the carrier within the time limits required by Section 1457.450, the terms of the bill of lading or other contract of carriage, and all applicable tariff provisions.
b) A written communication filed by a claimant with a carrier will be considered to comply with the provisions for filing claims in the bill of lading or other contract of carriage if it:
1) Contains facts identifying the shipments or property involved;
2) Asserts liability for alleged loss, damage, injury or delay; and
3) Makes claim for the payment of a specified or determinable amount of money.
##### **92 Ill. Adm. Code 1457.460** Documents Not Constituting Claims {#sec-1457.460 omnilex-key=us-il-regs-official--title-92--1457.460}
a) A household goods carrier shall not accept the following items as complying with the minimum claim filing requirements specified in Section 1457.455(b):
1) Appraisal reports of damage or notations of shortage or damage that are entered on freight bills, delivery receipts, or other documents; or
2) Inspection reports issued by a carrier or its inspection agencies.
b) The items listed in subsection (a) do not by themselves comply with Section 1457.455(b) regardless of whether the extent of loss or damage is indicated as a monetary sum or otherwise.
##### **92 Ill. Adm. Code 1457.465** Claims Filed for Uncertain Amounts {#sec-1457.465 omnilex-key=us-il-regs-official--title-92--1457.465}
When a household goods carrier is presented with a claim for an uncertain amount, such as "$100 more or less," the carrier will determine the condition of the shipment involved at the time it made delivery, if the shipment was delivered, and shall ascertain, as nearly as possible, any extent of the loss or damage for which it may be responsible. The carrier shall not, however, voluntarily pay a claim under such circumstances unless and until a written claim for a specified or determinable amount of money has been filed in accordance with the provisions of Section 1457.455(b).
##### **92 Ill. Adm. Code 1457.470** Multiple Loss and Damage Claims for the Same Shipment {#sec-1457.470 omnilex-key=us-il-regs-official--title-92--1457.470}
If a household goods carrier investigating a claim discovers that a similar claim on the same shipment has been presented to one or more other carriers or that more than one claimant has filed a claim with respect to the same shipment, the carrier will communicate with each other carrier and, prior to any agreement being entered into as to the proper disposition of the claim or claims, will notify all claimants of the receipt of conflicting or overlapping claims. The carriers will require each claimant to supply further substantiation of its title to the subject property or its right with respect to the claim.
##### **92 Ill. Adm. Code 1457.475** Acknowledgement of Loss or Damage Claims {#sec-1457.475 omnilex-key=us-il-regs-official--title-92--1457.475}
Upon receipt of a written claim, a household goods carrier will acknowledge the receipt of the claim in writing to the claimant within 30 days after the date of its receipt by the carrier. The carrier shall include the date of receipt on its written acknowledgment and shall also enter this date on the face of the written claim. The carrier will indicate in its acknowledgement to the claimant any additional documentary evidence required by Section 1457.485(b) or other pertinent information that it may require to process the claim as required by Section 1457.455.
##### **92 Ill. Adm. Code 1457.480** Loss or Damage Claim Records {#sec-1457.480 omnilex-key=us-il-regs-official--title-92--1457.480}
a) At the time a claim is received, the household goods carrier shall create a separate file and assign a consecutive claim file number. The carrier shall note that number on all documents filed in support of the claim and all records and correspondence with respect to the claim, including the written acknowledgement of receipt.
b) At the time a claim is received, the household goods carrier shall record the date of receipt on the face of the claim document. The date of receipt shall also appear in the carrier's written acknowledgement of receipt to the claimant.
c) The household goods carrier shall note the claim file number on the bill of lading, shipping order, if in its possession, and any delivery receipt covering the shipment, unless:
1) All information contained in bills of lading, shipping orders, delivery receipts, tally sheets, and all other pertinent records made with respect to the transportation of the shipment on which claim is made is available for examination upon receipt of a claim;
2) All records and documents (or complete reproductions) are in fact examined in the course of the investigation of the claim and an appropriate record is made that the examination has in fact taken place; and
3) This procedure causes the duplicate or otherwise unlawful payment of claims.
##### **92 Ill. Adm. Code 1457.485** Investigation of Loss or Damage Claims {#sec-1457.485 omnilex-key=us-il-regs-official--title-92--1457.485}
a) A household goods carrier shall investigate each claim filed against it in the manner prescribed in this Subpart if the carrier has not already investigated it prior to receipt of the claim.
b) Supporting documents.
1) Each claim must be supported by the original or a shipper-certified copy of the bill of lading, any evidence of the charges, and the invoice (or an extract of the invoice).
2) The claim must also be supported by certification of prices or values, with any trade or other discounts, allowance, deductions of any nature and the terms thereof, or depreciation reflected in the certification.
3) Before voluntarily paying a claim, the household goods carrier shall require the claimant to provide written certification of the destination value of a shipment where:
A) The property involved in a claim has not been invoiced to the consignee shown on the bill of lading;
B) An invoice does not show price or value;
C) The property involved has not been sold; or
D) The property has been transferred at bookkeeping values only.
c) When, after investigation, a household goods carrier is unable to authenticate an asserted claim for loss of an entire package or an entire shipment, the carrier shall obtain from the consignee of the shipment involved written certification that the property for which the claim is filed has not been received from any other source.
##### **92 Ill. Adm. Code 1457.490** Disposition of Loss or Damage Claims {#sec-1457.490 omnilex-key=us-il-regs-official--title-92--1457.490}
a) When a household goods carrier receives a written claim for loss, damage, injury, or delay to property transported, it shall pay, decline, or make a written firm offer to be held open for 30 days to settle to the claimant within 120 days after receipt of the claim by the carrier, except where the claimant and the carrier agree in writing to an extension of time for a definite period.
b) If the carrier declines to pay a claim or makes a firm offer to settle in an amount different from that sought by the claimant, the carrier shall give the claimant written notice of its action and reasons for its action. The carrier shall give written notice within the time specified in subsection (a).
c) If the carrier cannot process and dispose of the claim within 120 days after receipt, the carrier will, at that time and at the expiration of each succeeding 60 day period while the claim remains pending, provide the claimant with written notice of the status of the claim and the reason for the delay in making final disposition. The carrier shall retain a copy of the notice to the claimant in its claim file.
d) If the carrier notifies the claimant that it cannot process and dispose of the claim within 120 days after receipt, the claimant may elect to extend the time as provided in subsection (a) or may treat the notice as notice that the carrier has declined to pay the claim. The claimant will be deemed to have elected to treat the notice as notice that the carrier has declined to pay the claim, unless it notifies the carrier otherwise within 15 days after receipt of the carrier's notice.
##### **92 Ill. Adm. Code 1457.495** Processing of Salvage {#sec-1457.495 omnilex-key=us-il-regs-official--title-92--1457.495}
a) Whenever a household goods carrier transports property that is not accepted by the owner, consignee, or other person entitled to receive the property after tender of the property, the carrier shall undertake to sell or dispose of the property. The carrier shall remit the net proceeds of the sale or other disposal of the property to the person entitled to receive the property within 15 days after sale or disposal.
b) The household goods carrier shall give 15 days notice to the owner, consignee, or other person entitled to receive the property of its intent to dispose of the property before selling or otherwise disposing of the property. Unless the owner, consignee, or other person entitled to receive the property notifies the carrier in writing within 15 days that it will accept delivery of the property, the carrier will then be able to sell or otherwise dispose of the property. The carrier may promptly sell perishable goods to prevent deterioration or further deterioration.
c) The household goods carrier shall make an itemized record of the sale or disposal of the property so that it can correlate the property to the shipment involved and any claim filed concerning the property. The carrier shall also assign to each lot of property a consecutive lot number and record that number on its record of the shipment.
d) Upon receipt of a claim on a shipment for which salvage has been processed in compliance with this Section, the carrier will record in its claim file the lot number assigned, the amount of money recovered from the disposition of the property, the name and address of the person to whom the proceeds were paid, and the date of transmittal of the money to the person or persons entitled to receive the money. That information shall be included in the carrier's acknowledgment of the claim.
e) Whenever a household goods carrier sells or otherwise disposes of property through or to a person in which the carrier or one or more of its owners, directors, officers, partners, managers, employees, or agents has any interest, the carrier shall indicate the details of the transaction and relationship in its salvage records. The carrier shall not sell or otherwise dispose of property to or through any person owned, controlled, or operated by or in common with the carrier.
##### **92 Ill. Adm. Code 1457.500** Generally Accepted Accounting Principles {#sec-1457.500 omnilex-key=us-il-regs-official--title-92--1457.500}
a) All Illinois Commerce Commission licensed common or contract household goods carriers, and each receiver, trustee, executor, administrator, or assignee of any carrier shall comply with generally accepted accounting principles for use in the keeping and recording of their accounts and bookkeeping records.
b) As generally accepted accounting principles, the Commission incorporates by reference "Accounting Standards" of the Financial Accounting Standards Board (June 2000, no later amendments or editions included).
##### **92 Ill. Adm. Code 1457.510** Records {#sec-1457.510 omnilex-key=us-il-regs-official--title-92--1457.510}
a) Each carrier shall keep its general accounting books and all other books, records and memoranda that support in any way the entries to those accounting books and analyses of general ledger account balances so that it can furnish at any time full information as to any account. Moreover, it shall support each entry to each account with detailed information as will provide a ready analysis and verification of the facts recorded in those materials. All expenditures must be definitely supported by vouchers, payrolls, receipted bills, canceled checks, receipts for petty cash payments, or other evidence of the expenditures incurred. All revenues must be supported by bills of lading, freight bills or, in the case of income from a lessee, other documentation that evidences the revenue received.
b) The books referred to in this Subpart include not only books of account in a limited technical sense but all other correspondence, memoranda, including but not limited to computer files, electronic memorandum and computer databases, written estimates, weight tickets, storage inventory sheets and storage contracts, insurance and valuation documentation, loss and damage claim documentation, claim register, etc., that will be useful in developing the history of or facts regarding any transaction.
c) Every household goods carrier engaged directly or indirectly in any other than a transportation business shall keep separate and distinct records for the transportation operation.
d) Each carrier shall keep its books on the basis of an accounting year of 12 months ending on the 31st day of December of each year.
e) Such books, accounts, records or memoranda shall be preserved for a period of at least 3 years.
f) Unless otherwise authorized by the Commission in writing, each household goods carrier shall have an office in this State and shall keep in that office all books, accounts, papers, records, and memoranda listed in this Subpart.
##### **92 Ill. Adm. Code 1457.520** Examination and Audit {#sec-1457.520 omnilex-key=us-il-regs-official--title-92--1457.520}
Officers and employees of the Commission shall have the authority under the direction of the Commission to inspect, examine, copy and reproduce any and all books, accounts, papers, records and memoranda kept by a motor carrier, authorized personnel or motor carrier agent, with or without prior notice to the authority holder.
##### **92 Ill. Adm. Code 1457.530** Annual Report Filing Requirement {#sec-1457.530 omnilex-key=us-il-regs-official--title-92--1457.530}
Each household goods carrier shall complete and file with the Commission, not later than May 15 of each calendar year, an annual report for the preceding calendar year. The report shall be on the Commission's Household Goods Carrier Annual Report Form.
##### **92 Ill. Adm. Code 1457.600** Bills of Lading and Freight Bills {#sec-1457.600 omnilex-key=us-il-regs-official--title-92--1457.600}
a) Issuance of the bill of lading. At the time a shipment is picked up, all carriers shall issue a bill of lading indicating the commodities transported, the weight or other unit used to compute freight charges, the points of origin and destination, and the names of the consignor and consignee.
b) Information required on the bill of lading. Whenever a bill of lading is issued in compliance with subsection (a) of this Section, the carrier shall show, in addition to the information specified in subsection (a), the following information:
1) The names of the carriers participating in the transportation of the shipment;
2) The name, physical address, and telephone number of the office of the carrier who should be contacted in relation to the shipment, should there be a need for contact;
3) The name, physical address, and telephone number of a person to whom notification provided for in Section 1457.90(e) shall be given, except when this cannot be obtained from the shipper;
4) With regard to pickup and delivery the:
A) Agreed pickup date;
B) Actual pickup date;
C) Agreed delivery date or the agreed period of time within which delivery of the shipment is expected at the final destination;
5) The estimated maximum amount the carrier will demand to obtain release of the carrier's lien and delivery of the shipment, subject to final charges on the freight bill;
6) Specifies, for hourly rated shipments, the number of pieces of equipment, personnel, and hourly rate used for the transportation of the shipment;
7) Specifies, for hourly rated shipments, loading and unloading start and end times to determine the number of hours including travel time for the transportation of the shipment;
8) Specifies, for weight rated shipments, the weight, distance, and the rate for the transportation of the shipment;
9) Includes the description and charges for any accessorial services, including packing, packing materials, valuation, storage, warehouse, handling, or other charges contained within the carrier's lawfully filed tariffs;
10) A statement that the carrier's maximum liability for loss or damage to shipment is limited to the lump sum value declared by the shipper on the bill of lading or an attachment thereto, provided the shipper has paid applicable valuation charges, or 60 cents per pound per article.
c) Issuance of a freight bill. After rendition of the service, all carriers shall issue to the person responsible for payment of freight charges a freight bill indicating the total charge for transportation service.
d) The bill of lading and the freight bill may be combined in a single document.
e) The bill of lading and freight bill shall each be consecutively numbered.
f) Bill of lading contract terms. The contractual provisions governing shipments under this Part shall include, as implied terms, the provisions in the governing tariffs of each carrier.
**History**
- *Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025*
##### **92 Ill. Adm. Code 1457.610** Estimate of Charges {#sec-1457.610 omnilex-key=us-il-regs-official--title-92--1457.610}
a) Estimates of the charges in relation to the transportation of household goods shall be based upon an in-person or virtual inspection of the goods or upon a shipper's description of the goods, by telephone or other means, confirmed in writing prior to rendition of the service.
b) Estimates of the charges in relation to the transportation of household goods shall be on a Commission approved household goods estimate form. The Commission shall approve any form that:
1) Is identified at the top of the first page as an "Estimate of Charges";
2) Identifies on the first page the name of the carrier as it appears on its Commission license, the address of the carrier at which employees of the carrier are on duty during business hours, and the telephone number of the carrier;
3) Identifies on the first page the name of the shipper and receiver and the addresses at which the goods are to be picked up and delivered;
4) Specifies the number of pieces of equipment and personnel to be used for the transportation of the shipment (carrier, interns, or trainees for which the shipper is not charged shall be included and specified as such);
5) Specifies, for hourly rated shipments, the number of hours, including travel time, estimated for the transportation of the shipment;
6) Specifies, for weight rated shipments, the weight and distance estimated for the transportation of the shipment;
7) Includes the description and estimated charges for any accessorial services, including packing, packing materials, valuation, storage, warehouse handling or other charges contained within the carrier's lawfully filed tariffs;
8) Specifies the total estimated cost for the transportation of the shipment;
9) Contains an area where the carrier can verify, by initial or other mark, that a copy of the Commission's consumer guide to household goods moves was provided to the shipper; and
10) Does not contain provisions contrary to this Part.
c) A copy of the estimate, signed by the carrier, shall be delivered to the shipper before rendition of the service, and a copy shall be maintained by the carrier as part of its records.
d) If the total tariff charges for any shipment exceed the estimated charges plus 10%, the shipper shall become entitled to credit terms from the carrier tendering the shipment for delivery to cover that portion of the total charges that exceeds 110% of the estimated charges. The carrier, in such event, shall advise the shipper that the shipper has up to 30 days to pay these additional charges amounting to the balance between the applicable tariff charges and the estimate for the move plus 10%.
**History**
- *Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025*
##### **92 Ill. Adm. Code 1457.620** Inventory Forms {#sec-1457.620 omnilex-key=us-il-regs-official--title-92--1457.620}
a) Definitions. As used in this Section, the term "intercity" means transportation other than "short haul". As used in this Section, the term "short haul" means transportation from the point of origin to the final destination of not more than 50 miles, except that moves which begin and end within the area covered by the counties of Cook, DuPage, Kane, Kendall, Lake, McHenry, and Will shall be considered "short haul".
b) Each carrier shall, prior to loading at the point of origin, prepare a written, photographic, or videographic inventory of each intercity shipment and of each shipment for which any type of storage service is requested. A written, photographic, or videographic inventory shall also be prepared for short haul movements at the request of the shipper, provided the shipper agrees to pay the tariff rate for preparation of an inventory. The carrier, however, shall not require the preparation of an inventory at the shipper's expense for short haul movements.
c) A copy of the inventory, properly executed by both the carrier and the shipper, shall be given to the shipper at the point of origin, prior to loading. Another copy, properly executed by the carrier and the shipper, and reflecting any changes in the number, nature, or condition of the lading, shall be given to the shipper at the final destination, subsequent to unloading.
d) Information required on an inventory. Each inventory required under this Section shall:
1) Show the name and current address of the carrier on file with the Commission where its employees can be reached;
2) Show the shipper's name;
3) Show the point of origin and the final destination of the shipment;
4) Include the carrier's description of the goods contained within the shipment and the condition of those goods;
5) Provide a column for the shipper to note exceptions to the inventory as prepared by the carrier;
6) Note any goods held by the carrier pending payment of charges; and
7) Identify spaces for both the shipper and carrier to sign at the point of origin and the final destination.
e) The shipper shall be permitted to make notations upon delivery concerning the condition or absence of goods in the shipment, and shall be made aware by the carrier that notations regarding the inventory are permitted upon delivery.
f) The inventory shall be on a Commission-approved Household Goods Inventory Form. The Commission shall approve a carrier's inventory form if it meets the requirements of this Section and does not contain provisions contrary to the Illinois Commercial Transportation Law or any Commission rules.
**History**
- *Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025*
##### **92 Ill. Adm. Code 1457.630** Storage Charges {#sec-1457.630 omnilex-key=us-il-regs-official--title-92--1457.630}
a) Upon receiving a request for storage service, the carrier shall ascertain whether it is the intent of the shipper to have the shipment stored in excess of 180 days. The storage service shall be treated as permanent storage if the storage is in excess of 180 days or if the time period of intended storage is indefinite. Only storage incidental to transportation shall be deemed storage in transit.
b) Charges for storage in transit shall be stated in an amount per 100 pounds per day or a fraction thereof.
c) Storage in transit rates need not be established by a carrier that does not hold itself out to provide or arrange for storage in transit service. Such a carrier, however, must publish in its tariff a statement that it does not hold itself out to provide or arrange for storage services.
##### **92 Ill. Adm. Code 1457.640** Determination of Weights {#sec-1457.640 omnilex-key=us-il-regs-official--title-92--1457.640}
a) Each carrier shall determine the tare weight of each vehicle used in the transportation of household goods to be rated on a hundred-weight basis by having it weighed prior to the transportation of each shipment, at a public scale, without the crew on the vehicle. Scales used shall be certified by the Illinois Department of Agriculture. When weighed, the vehicle shall contain all pads, chains, dollies, hand trucks, and other equipment needed in the transportation of the shipment. After the vehicle has been loaded, it shall be weighed, without the crew, at the point of origin of the shipment. The net weight of the shipment shall be obtained by deducting the tare weight from the loaded weight. Where no certified scale is available at the point of origin, the loaded weight shall be obtained at the nearest public scale, either in the direction of the movement of the shipment, or in the direction of the next pickup or delivery in the case of part loads. Gross weight shall be obtained on the same scale as the tare weight with no addition of fuel between weighings.
b) If no certified scale is available at the point of origin, at any point en route, or at the final destination, a constructive weight based upon 7 pounds per cubic foot of properly loaded van space shall be used. That constructive weight also shall be used for a part load where the circumstances are such that its scale weight could not be obtained at the point of origin, en route, or at the final destination without first unloading it or other part loads being carried in the same vehicle.
c) Whenever weights are required to be obtained pursuant to this Section, the carrier shall obtain a weight ticket, and this weight ticket shall be maintained by the carrier as part of its record of the shipment. A copy of the weight ticket shall be given to the shipper.
##### **92 Ill. Adm. Code 1457.650** Information Pamphlets for Shippers {#sec-1457.650 omnilex-key=us-il-regs-official--title-92--1457.650}
Each carrier shall provide to each non-commercial shipper, free of charge, and prior to rendition of service, a copy of the Commission's consumer guide to household goods moves.
**History**
- *Source: Amended at 31 Ill. Reg. 3156, effective March 1, 2007*
##### **92 Ill. Adm. Code 1457.655** Completion, Execution, and Delivery of Required Forms {#sec-1457.655 omnilex-key=us-il-regs-official--title-92--1457.655}
a) Any form required by this Subpart may be completed, signed, and/or delivered in printed or electronic format.
b) All forms must comply with the provisions of this Part regardless of the medium in which they are created, completed, and/or delivered.
c) If a carrier uses electronic forms, the carrier shall utilize an electronic forms software that logs timestamps for every change made to the form.
d) Upon demand of law enforcement, the carrier shall present copies of all records regardless of the medium in which they are kept.
1) If the carrier is unable to present the documents due to lack of cellular coverage or other technical difficulties, the carrier will be deemed to be operating without the required documents and may be subject to a citation. Presentation, at hearing, of copies of the records demanded shall, if no concurrent violations of the Illinois Commercial Transportation Law or Commission rules or orders are found, excuse the carrier from penalties under this Section.
2) The use of a cellular phone or other type of portable electronic device to present records does not constitute consent for law enforcement to access other contents on the electronic device.
3) If the carrier elects to present records electronically, the carrier assumes any risk of accidental damage to the device.
**History**
- *Source: Added at 49 Ill. Reg. 1149, effective January 9, 2025*
##### **92 Ill. Adm. Code 1457.660** Retention of Bills and Other Forms {#sec-1457.660 omnilex-key=us-il-regs-official--title-92--1457.660}
Bills of lading, written estimates, inventory sheets, storage contracts and warehouse receipts, weight tickets, insurance policies or other forms for each shipment transported under the authority of a license issued by the Illinois Commerce Commission must be kept as part of the records of the carrier for a minimum of 3 years.
##### **92 Ill. Adm. Code 1457.700** Cab Card/Identifier Carrying Requirements {#sec-1457.700 omnilex-key=us-il-regs-official--title-92--1457.700}
Cab cards/identifiers shall be executed, carried, or presented in satisfaction of the requirements of the Illinois Commercial Transportation Law or this Part no earlier than December 1 preceding the calendar year for which fees were paid, and no later than February 1 of the calendar year for which the fees were paid.
**History**
- *Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025*
##### **92 Ill. Adm. Code 1457.710** Exemption of Vehicles from Cab Card Requirements {#sec-1457.710 omnilex-key=us-il-regs-official--title-92--1457.710}
a) Intrastate exchange of equipment between licensed carriers. Where a vehicle owned by a licensed intrastate household goods carrier is leased to another licensed intrastate household goods carrier, and the vehicle carries a valid intrastate cab card issued to the carrier that owns the vehicle, the vehicle need not carry a cab card/identifier issued to the carrier to which the vehicle is leased.
b) Interstate compensated intercorporate hauling and single-source leasing. Vehicles used in compensated intercorporate hauling or that are leased, with driver, to private carriers for use in interstate commerce are exempt from cab card and identifier requirements under Section 18c-4601 of the Law.
c) Temporary cards. An intrastate household goods carrier need not hold or carry an Illinois intrastate cab card/identifier if the carrier has been issued and carries a valid, current temporary cab card/identifier. An interstate household goods carrier need not hold or carry a permanent cab card with Illinois interstate identifier if the carrier has been issued and carries a valid, temporary Illinois registration. A temporary card will be issued upon request of the carrier and payment of the fee for the permanent cab card/identifier.
##### **92 Ill. Adm. Code 1457.720** Transfer of Cab Card/Identifier {#sec-1457.720 omnilex-key=us-il-regs-official--title-92--1457.720}
a) If a household goods carrier discontinues the use of a vehicle for which a current interstate cab card/Illinois interstate identifier has been executed and provides a newly-acquired vehicle as a substitute, the carrier can transfer the cab card/identifier by following the procedure in this subsection.
1) The carrier shall execute a new interstate cab card identifying itself and the substitute vehicle and shall enter the appropriate expiration date on the cab card;
2) The carrier shall enter the date on which it terminates use of the discontinued vehicle in the space for the early expiration date on the cab card; and
3) The carrier shall permanently attach the upper left-hand corner of the cab card for the substitute vehicle to the upper left-hand corner of the cab card for the discontinued vehicle so as to permit inspection of the contents of both cards. At this point, the Illinois interstate identifier on the cab card of the discontinued vehicle shall apply to the substitute vehicle.
b) Unless the carrier transfers a cab card/identifier as provided in subsection (a), it shall destroy the cab card/identifier for a vehicle at the time it discontinues use of the vehicle.
c) Transfer of an intrastate cab card/identifier is not permitted.
##### **92 Ill. Adm. Code 1457.730** Expiration, Alteration, and Replacement of Cab Card/Identifier {#sec-1457.730 omnilex-key=us-il-regs-official--title-92--1457.730}
a) Each household goods carrier shall destroy a cab card/identifier immediately upon its expiration.
b) Any erasure, alteration, or unauthorized use of a cab card/identifier shall render the cab card/identifier void.
c) If a cab card/identifier is lost, destroyed, mutilated or becomes illegible, a new cab card/identifier shall be prepared and issued upon the household goods carrier's application and the payment of the same fee prescribed for the issuance of the original cab card/identifier (see Subpart Q).
##### **92 Ill. Adm. Code 1457.740** Revocation of Exemptions Under Section 18c-4601(2) of the Law {#sec-1457.740 omnilex-key=us-il-regs-official--title-92--1457.740}
Exemptions granted under Section 18c-4601(2) of the Law shall be revoked only in accordance with procedures and standards applicable to fee adjustments under Section 18c-1501(2) of the Law.
##### **92 Ill. Adm. Code 1457.800** Carrier Identification of Vehicles and Format {#sec-1457.800 omnilex-key=us-il-regs-official--title-92--1457.800}
a) Except as specified in subsection (b), letters and other characters used to comply with the carrier identification requirements of Section 18c-4701 of the Law must be at least 2 inches high and ½ inch wide. The characters must be in a color contrasting with the background color of the vehicle so as to be distinguishable during daylight at a distance of 50 feet while the vehicle is not in motion.
b) Letters and other characters used to comply with the carrier identification requirements of Section 18c-4701(5) of the Law for vehicles under 9,000 pounds gross vehicle weight must be at least ½ inch high and ⅛ inch wide. The characters must be in a color contrasting with the background color of the vehicle so as to be distinguishable during daylight at a distance of 25 feet while the vehicle is not in motion.
c) It is a violation of this Subpart to display more than one identifier on the power unit of a vehicle. Identifier is defined as the information used to comply with the carrier identification requirements set forth in the Law and this Subpart.
d) The license number of the carrier, as it appears on the sides of the vehicle in compliance with Section 18c-4701 of the Law, must be preceded by ILL.C.C.
##### **92 Ill. Adm. Code 1457.900** Applicability {#sec-1457.900 omnilex-key=us-il-regs-official--title-92--1457.900}
a) This Subpart applies to the following actions by household goods carriers:
1) The leasing of equipment with which to perform transportation regulated by the Commission.
2) The interchange of equipment between motor common carriers in the performance of transportation regulated by this Commission, except with regard to equipment used exclusively to provide transportation within counties having a population in excess of 1,000,000 persons.
b) This Subpart does not apply to the following actions:
1) The leasing of equipment by persons whose principal business is the leasing of equipment, without drivers, for hire, to the general public; and
2) the leasing of equipment for use in interstate commerce.
c) The leasing of equipment with drivers to other than a licensed household goods carrier is prohibited by Section 18c-4103(1) of the Law.
##### **92 Ill. Adm. Code 1457.910** Definitions {#sec-1457.910 omnilex-key=us-il-regs-official--title-92--1457.910}
"Addendum". A supplement to an existing lease.
"Authorized carrier". A person holding a household goods carrier license from the Commission.
"Equipment". A motor vehicle, straight truck or tractor.
"Lease". A written document vesting possession, use, control and responsibility in the lessee during the periods the vehicle is operated by or for the lessee.
"Lessee". In a lease, the party acquiring the use of equipment, with or without driver, from another.
"Lessor". In a lease, the party granting the use of equipment, with or without driver, to another.
"Owner". A person:
to whom title to equipment has been issued; or
who, without title, has the right to exclusive use of equipment for a period longer than 30 days; or
who has lawful possession of equipment, registered and licensed in any state in the name of that person.
"Permanent lease". A lease in which the authorized carrier acquires the use of equipment, with or without driver, from an owner for a period of 30 days or more.
"Shipper". A person who sends or receives property that is transported in intrastate commerce.
"Sublease". A written document in which the lessee grants the use of leased equipment, with or without driver.
"Trip lease". A lease in which the authorized carrier acquires the use of equipment, with or without driver, from an owner for a period of time less than 30 days.
##### **92 Ill. Adm. Code 1457.920** General Leasing Requirements {#sec-1457.920 omnilex-key=us-il-regs-official--title-92--1457.920}
a) Leasing permitted only in compliance with this Subpart. Authorized carriers may perform regulated transportation in equipment they do not own only in accordance with this Subpart.
b) Written lease required. Each lease covered by this Subpart must be in writing.
c) Parties and signatures. A lease subject to this Subpart must be between the owner of the equipment (the lessor) and the licensed carrier to which the equipment, with or without driver, is leased (the lessee). The lease must be properly executed by each party or its authorized representative.
d) Filing and review requirements.
1) Filing requirement. The original and two copies of each completed (properly executed and dated) lease to which this Subpart applies must be filed with the Commission's Transportation Division at the following address:
Illinois Commerce Commission
Transportation Division
527 East Capitol Avenue
Springfield IL 62701
2) Filing fee requirement. A filing fee as prescribed in Subpart Q shall be remitted with each lease.
3) No operations shall be conducted under a lease to which this Subpart applies until a copy of the completed lease has been filed with or mailed to the Commission's Transportation Division.
4) Operations may be conducted under the lease after filing or transmittal but before completion of review. A copy of the lease and an attached affidavit stating that the lease has been transmitted to the Commission, indicating the date of transmittal and stating that the lease is under review, are to be carried in the vehicle covered by the lease.
e) Receipts for equipment. Receipts, specifically identifying the equipment to be leased and stating the date and time of day possession is transferred, shall be given as follows:
1) When possession of the equipment is taken by the authorized carrier, it shall give the owner of the equipment a receipt.
2) When possession of the equipment by the authorized carrier ends, it shall give the owner of the equipment a receipt.
f) Identification of equipment. Authorized carriers shall identify the leased equipment as being in their service as follows:
1) During the period of the lease, the carrier shall identify the equipment by attaching a placard with the identification of the lessee in compliance with Section 18c-4701 of the Law;
2) During the entire period of the lease, a copy of the executed lease shall be carried in each motor vehicle covered by the lease. The lease must bear a Transportation Division stamp showing that the lease was approved or that no deficiency was found or have attached to it the affidavit prescribed in subsection (d)(4).
g) Records of equipment use. Authorized carriers shall keep records of equipment use as follows:
1) General equipment use records. Each authorized carrier shall prepare and keep documents covering each trip for which the equipment is used in the carrier's service. These documents shall contain the name and address of the owner of the equipment, the point of origin, the time and date of departure, and the point of final destination. These documents shall be preserved as part of the carrier's records.
2) Trip lease records. If the equipment is being leased for a period less than 30 days, the authorized carrier shall carry a copy of the lease records described in subsection (g)(1) in the leased equipment while it is operated under the lease. Records carried in the vehicle must also identify the lading.
3) Permanent lease records. If the equipment is being leased for periods of 30 days or more, the authorized carrier may keep the records identifying the lading at its terminals or principal office as part of its records, rather than in the leased equipment.
h) A copy of the completed written lease shall be retained as part of the carrier/lessee's records.
i) Cancellation. In the event that a carrier wishes to cancel a lease prior to the expiration date, it may file a notice of cancellation at the address for filing leases under Section 1457.920(d)(1). Otherwise, the lease shall remain in effect for purposes of the Law until the expiration date, or the date on which the lease expires by operation of Section 1457.940(a)(2), whichever occurs first. No fee is required for filing a notice of cancellation.
**History**
- *Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025*
##### **92 Ill. Adm. Code 1457.930** Actions Affecting Leases {#sec-1457.930 omnilex-key=us-il-regs-official--title-92--1457.930}
a) Revocation of carrier/lessee's license. In the event that the license held by the carrier/lessee is revoked pursuant to Section 18c-1704 of the Law, the lease shall remain in effect but all operations of equipment subject to the lease must cease unless and until the license is reinstated by order of the Commission.
b) Transfer of carrier/lessee's license. In the event that a transfer as defined in Section 18c-1104 of the Law occurs:
1) The lease shall remain in effect and shall bind the transferee if the name of the license holder is not changed by the transfer; or
2) The lease shall be void from the date the transfer is granted if the name of the license holder is changed by the transfer, unless the transferee files an amendment to the lease showing the change and showing that it has assumed the obligations of the transferor under the lease. No filing fee will be required for the filing of the amendments.
c) Carrier/lessee's name change. In the event that the carrier/lessee undergoes a name change not associated with a transfer as defined in Section 18c-1104 of the Law, the lease shall be void from the date of the name change unless the carrier/lessee files an amendment to the lease showing the changes and stating that the change is not associated with a transfer. No filing fee will be required for the filing of the amendments.
##### **92 Ill. Adm. Code 1457.940** Lease Terms and Conditions {#sec-1457.940 omnilex-key=us-il-regs-official--title-92--1457.940}
a) Required terms and information. A lease subject to this Subpart must specify the information set forth in this subsection.
1) Identifying information
A) Parties. The lease must show the full legal name of the carrier/lessee, as it appears on the carrier's Commission license; the full legal name of the equipment owner/lessor; and the mailing address of each, including street address, city, state, and zip code.
B) Vehicle. The lease must show the type, make, year, and vehicle identification number of the motor vehicle that is subject to the lease.
2) Term of the lease. The lease must specify the dates or the circumstances that begin and end the term of the lease. The term of the lease shall coincide with the times for giving receipts for the equipment as required in Section 1457.920(e). The term of the lease shall not exceed 3 years.
3) Compensation to owner and drivers. The lease must specify both the amount and the method of computing the compensation to be paid by the carrier/lessee to the equipment owner. Compensation may be stated either jointly or separately for equipment and drivers. The lease must also specify any documents that must be presented by the lessor before he/she can receive payment.
4) Responsibility for expenses. The lease must specify the responsibility of the lessee and the lessor for payment of expenses incurred in providing transportation service, either directly or through deductions (chargebacks) from compensation specified in subsection (b)(3). Expenses not expressly made the responsibility of the lessor shall be the responsibility of the lessee. The lease must also specify any documents to be submitted by either party in relation to payment or reimbursement of expenses. Expenses covered under this subsection (a)(4) include:
A) Fuel costs;
B) Fuel and other taxes;
C) Empty mileage;
D) Licenses, permits plates, and decals of all types except permits issued by the Commission;
E) Tolls and other fees, except those fees paid to the Commission;
F) Insurance and surety coverage (including responsibility for primary insurance);
G) Rentals or other payments to the carrier; and
H) Any other expenses related to the transportation.
5) Supplemental insurance coverage. The lease must specify which party is responsible for securing and paying for, either directly or indirectly, any other insurance or surety coverage in addition to amounts required by the Law or Subpart C of this Part. If the lessor purchases any insurance from or through the lessee, the lessee shall provide the lessor, on request, a copy of the policy and a certificate of insurance showing the name of the insurance company, the policy number, amounts and types of coverage, effective dates of coverage, deductible amounts, and the cost of the coverage.
6) Loss or damages. The lease must specify the conditions under which the lessor may be required to indemnify the lessee for personal injury, property damage, or loss of or damage to cargo. If indemnification is made through deductions from compensation otherwise owed to the lessor, a written itemization and explanation of deductions must be provided to the lessor before any deductions are made.
b) Implied terms. The following terms, if not stated in a lease, shall be implied. Any contrary provisions in the lease shall be void.
1) Exclusive possession and control. The lessee shall have exclusive possession and control of leased equipment during all periods when the equipment is operated under the lease. Such exclusive possession and control shall extend also to the drivers of leased equipment.
2) Insurance coverage. The lessee shall have the responsibility for securing insurance or surety coverage in compliance with the Law and Subpart C of this Part.
3) Payment deadline. Payment of compensation due under a lease must be made within 15 days after submission of any documents specified under subsection (a)(3).
4) Pre-conditions to lease. The lessor is not required to purchase, rent, or lease any goods (including equipment) or services from the lessee as a condition of the lease or of entering into or not canceling the lease.
5) Other obligations of lessee.
A) Copy of lease. Prior to commencement of operations under a lease, the lessee shall provide the lessor a completed copy of the lease and proof of its transmittal to the Commission.
B) Copy of rated freight bill. If compensation is based on information shown on the bill, the lessee shall provide the lessor with a copy of the rated freight bill at the time compensation for the movement is paid to the lessor. The lessee may delete the names of shippers, consignors, and consignees from the bill.
C) Examination of tariff. If the lessor requests, the lessee shall allow an examination of its tariffs.
6) Any term of a lease that conflicts with the Illinois Commercial Transportation Law or Commission rules is void.
**History**
- *Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025*
##### **92 Ill. Adm. Code 1457.950** Lease Form {#sec-1457.950 omnilex-key=us-il-regs-official--title-92--1457.950}
All leases covered by this Subpart shall include the Commission's Equipment Lease form.
##### **92 Ill. Adm. Code 1457.960** Possession and Control of Leased Equipment {#sec-1457.960 omnilex-key=us-il-regs-official--title-92--1457.960}
a) General requirement. The lessee of equipment used under authority of a license issued by the Commission shall have exclusive possession and control of the equipment while it is so used. Failure to exercise supervision and control of the equipment constitutes an illegal transfer of authority as set forth in Section 18c-4307 of the Law, making both the lessor and lessee subject to sanctions provided by Section 18c-1704 of the Law.
b) Exceptions. The requirement of exclusive possession and control does not apply to a lessee that, in turn, subleases the equipment to another carrier, since the latter carrier has the obligation to supervise and control the equipment. The requirement does, however, apply to the sublessee.
##### **92 Ill. Adm. Code 1457.970** Additional Requirements for Trip Leases Between Authorized Carriers {#sec-1457.970 omnilex-key=us-il-regs-official--title-92--1457.970}
Authorized carriers are permitted to trip lease equipment to or from other authorized carriers only if:
a) The lessor owns the equipment or has possession and control of the equipment under a lease of 30 days or more;
b) The lessee exercises exclusive supervision and control of the equipment while it is operated under lessee's license; and
c) All other requirements of this Subpart are complied with.
##### **92 Ill. Adm. Code 1457.1000** Authority to Establish Released Value Rates {#sec-1457.1000 omnilex-key=us-il-regs-official--title-92--1457.1000}
a) Prior authority from the Commission is required to establish released value rates.
b) Standards for granting or denying released value rate applications. The Commission shall grant an application for authority to establish rates based on value if the rate is agreed to by the shipper, based on value declared by the shipper in writing, and is in compliance with 92 Ill. Adm. Code 1225, except that the rate is based on value.
c) Additional authority not required to change rate levels. Carriers authorized to establish rates based on value may change the level of the rates without additional authority, provided that the commodities to which the rates apply, the territory within which the rates apply, and other provisions regarding application of the rates are not changed.
d) Limitation. A released value rate authorized by the Commission applies to the specific shippers for which it was authorized.
##### **92 Ill. Adm. Code 1457.1010** Released Rate Application Form {#sec-1457.1010 omnilex-key=us-il-regs-official--title-92--1457.1010}
Applications for authority to establish rates based on value shall be on the Commission's "Released Rate Application" form. Forms are available from the Commission at its offices in Springfield and Chicago.
##### **92 Ill. Adm. Code 1457.1020** Establishment of Line-Haul Rates {#sec-1457.1020 omnilex-key=us-il-regs-official--title-92--1457.1020}
a) "Line-haul" means transportation, not including pick-up, delivery, and accessorial services.
b) All carriers under the Commission's rate jurisdiction are required to establish rates in cents per 100 pounds, except as provided in subsections (c) and (d).
c) Rates may be established per unit of time:
1) When the distance from the point of origin to the final destination of a shipment is not more than 50 miles; or
2) When both the point of origin and the final destination of a shipment are within the area covered by the counties of Cook, DuPage, Kane, Kendall, Lake, McHenry, and Will; or
d) Shipments rated upon units of time shall, except as otherwise provided in this subsection, be transported singly and not commingled with any other freight. Where shipments rated upon units of time are commingled, the burden shall be on the carrier to demonstrate that the charges for each commingled shipment are not greater than the charges that would have applied if the shipments had been transported singly and not commingled.
e) Rates need not be established in cents per 100 pounds, or per unit of time, where the transportation is exempt from Commission rate jurisdiction. Transportation is rate exempt when both the point of origin and point of destination of a shipment are within the terminal area of a municipality, unless both the origin and destination are within a county having a population of 1,000,000 or more.
**History**
- *Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025*
##### **92 Ill. Adm. Code 1457.1030** Accessorial or Terminal Service Charges {#sec-1457.1030 omnilex-key=us-il-regs-official--title-92--1457.1030}
a) Definitions. As used in this Section, the term "intercity" means transportation other than "short haul". As used in this Section, the term "short haul" means transportation from the point of origin to the final destination of not more than 35 miles, except that moves wholly within counties having a population of 1,000,000 or more are not considered "short haul".
b) Each household goods carrier shall establish charges for each accessorial or terminal service rendered in connection with line-haul transportation. The tariffs containing such charges shall separately describe each service and the charge therefor. Charges for packing and unpacking service shall be on a physical unit basis. Charges for miscellaneous labor performed at the request of the shipper shall be on an hourly basis.
c) Whenever the shipper specifically requests notification of the actual weight and charges on an intercity shipment, the carrier shall comply with the request immediately upon determining the actual weight and charges, by telephone, fax, e-mail, text or other immediate electronic means, if requested. The notification shall be made no later than 24 hours prior to the time the shipment is offered by the carrier to the shipper for delivery at the final destination, except where the shipment is in transit less than 24 hours.
**History**
- *Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025*
##### **92 Ill. Adm. Code 1457.1100** Definition of Tariff Bureau {#sec-1457.1100 omnilex-key=us-il-regs-official--title-92--1457.1100}
The term "tariff bureau", when used in Subpart N and Subpart O, shall mean any conference, association, committee, or other organization that engages in collective ratemaking activities.
##### **92 Ill. Adm. Code 1457.1110** Contents of Application {#sec-1457.1110 omnilex-key=us-il-regs-official--title-92--1457.1110}
Application for approval of a tariff bureau agreement shall be verified and shall show:
a) The full and correct name, trade name, and business address (street and number, city, state, and zip code) of the applicant; whether applicant is a corporation, individual, or partnership; if a corporation, the state of incorporation, and if a partnership, the names of the partners and date of formation of the partnership.
b) The full and correct name and trade name of each carrier participating in the agreement.
c) A detailed description of the tariff bureau, including its organizational structure; the identities of its owners, officers and directors; the services it provides; the territory within which it provides services; and any relationship of a business nature between the tariff bureau and any other transportation organization other than its participating carriers.
d) The facts relied upon to establish that the agreement will be in the furtherance of the State transportation policy (see 625 ILCS 5/18c-1103).
##### **92 Ill. Adm. Code 1457.1120** Required Exhibits {#sec-1457.1120 omnilex-key=us-il-regs-official--title-92--1457.1120}
There shall be filed with each application the following exhibits:
a) A copy of the collective ratemaking agreement.
b) A copy of the constitution, bylaws, or other documents or writings, specifying the organization's powers, duties, and procedures, unless incorporated in the tariff bureau agreement itself.
##### **92 Ill. Adm. Code 1457.1130** Independent Action {#sec-1457.1130 omnilex-key=us-il-regs-official--title-92--1457.1130}
When independent action is announced by a carrier participating in a tariff bureau agreement, and the carrier requests that the tariff bureau publish the rates, the tariff bureau shall give notice of and publish the rates in the same manner that the tariff bureau gives notice of and publishes actions proposed under procedures for collective ratemaking. No joint or collective procedures under the agreement are thereby invoked.
##### **92 Ill. Adm. Code 1457.1200** Accounts {#sec-1457.1200 omnilex-key=us-il-regs-official--title-92--1457.1200}
Accounts shall be kept by each tariff bureau of all receipts and expenditures of moneys. All receipts and expenditures of moneys shall be supported by original records or copies of original records.
##### **92 Ill. Adm. Code 1457.1210** Ratemaking Records {#sec-1457.1210 omnilex-key=us-il-regs-official--title-92--1457.1210}
Each tariff bureau shall maintain, with regard to each rate proposal presented to or acted upon by the tariff bureau, either as an independent action or collective action, a complete file containing:
a) A copy of the rate proposal as received by the tariff bureau;
b) A copy of any response by the tariff bureau, participating carriers, or others to the rate proposal;
c) An account of the processing and disposition of the rate proposal; and
d) Any related documents in the possession of the tariff bureau.
##### **92 Ill. Adm. Code 1457.1220** Reporting Requirements {#sec-1457.1220 omnilex-key=us-il-regs-official--title-92--1457.1220}
Each tariff bureau shall complete and file with the Commission by May 15 of each year the Commission's Tariff Bureau Annual Report form.
##### **92 Ill. Adm. Code 1457.1230** Prohibition Against Protests by Tariff Bureaus {#sec-1457.1230 omnilex-key=us-il-regs-official--title-92--1457.1230}
a) The Commission shall not approve any tariff bureau agreement unless the agreement provides that the tariff bureau shall not, in its own name, intervene in opposition to any action by a participating or non-participating carrier.
b) A tariff bureau may act as the agent for a carrier in filing or prosecuting a petition for leave to intervene in opposition to the action of a carrier, provided that the tariff bureau does not engage in the unauthorized practice of law.
c) A tariff bureau may defend a general rate change published by the bureau in an agency publication.
##### **92 Ill. Adm. Code 1457.1300** Carrier/Agent Relationships {#sec-1457.1300 omnilex-key=us-il-regs-official--title-92--1457.1300}
a) Household goods carriers are absolutely responsible for all the acts or omissions of their agents that relate to the performance of Illinois intrastate transportation held out in the name of the principal carrier, or where the shipper is led to believe the transportation would be performed by the principal carrier.
b) No household goods carrier shall act for any other carrier in the solicitation or transportation of shipments of household goods in Illinois intrastate commerce between points that both carriers are authorized to serve unless the rates established by the 2 carriers are identical.
c) Authority for Agents' Operations:
1) When an agent of a carrier moves a shipment under its own operating authority, the estimate of charges, bill of lading, and other related documents shall be prepared and issued by the agent in its own name rather than in the name of the principal.
2) When an agent of a household goods carrier moves a shipment under its principal's operating authority, the estimate of charges, bill of lading, and other related documents shall all be prepared and issued in the name of the principal rather than in the name of the agent. In this situation, the agent shall act in all respects as if it were the principal.
3) To the extent that an agent operates beyond the scope of its certificate or license, by using the principal's operating authority, it shall do so pursuant to an equipment lease (see Subpart L of this Part) or a license transfer approved by the Commission. In this instance, the estimate of charges, bill of lading, and other related documents shall all be prepared and issued by the agent in the name of the principal rather than in its own name.
4) Before operations are conducted by an agent on behalf of its principal, a copy of the agency agreement, duly executed by the parties, shall be filed with the Commission.
##### **92 Ill. Adm. Code 1457.1400** Filing Fees {#sec-1457.1400 omnilex-key=us-il-regs-official--title-92--1457.1400}
Filing fees for household goods carriers shall be as follows:
a) Application for new license $900
b) Application for extended license
1) For temporary authority $450
2) For emergency temporary authority $450
3) Other application for extended license $900
c) Application to transfer license
1) Transfer under Section 18c-4306 of the Law $450
2) Other application to transfer license $900
d) Application to reinstate a suspended or revoked license or vacated order $900
e) Petition for interpretation of authority $375
f) Petition to amend authority $112.50
g) Petition for name change $112.50
h) Rate filings
1) Application for authority to establish a released value rate $112.50
2) Special permission application $112.50
i) Annual cab card and cab card renewal fee for each vehicle operated by or under authority of a household goods carrier $37.50
j) Each order for cab cards shall be accompanied by a $15 order processing fee.
**History**
- *Source: Amended at 49 Ill. Reg. 1149, effective January 9, 2025*
#### **Part 1458** Personal Property Warehouses
##### **92 Ill. Adm. Code 1458.10** Definitions {#sec-1458.10 omnilex-key=us-il-regs-official--title-92--1458.10}
"Act": the Personal Property Storage Act [240 ILCS 10].
"Commission": the Illinois Commerce Commission.
"Governmental fair license": a license issued to a fair or fair association that is engaged in the storage of personal property for compensation.
"License": a personal property warehouse license.
"Personal property warehouse": any location for storage of personal property for compensation where access to the goods is controlled by the warehouse operator.
##### **92 Ill. Adm. Code 1458.20** Classification of Personal Property Warehouses {#sec-1458.20 omnilex-key=us-il-regs-official--title-92--1458.20}
For the purposes of this Part, a personal property warehouse is classified according to the amount of storage space in that warehouse as follows:
a) Class 1: for less than 20,000 net square feet of floor space or for less than 50,000 net cubic feet of volume devoted to the storage of personal property;
b) Class 2: for 20,000 and less than 50,000 net square feet of floor space or for 50,000 and less than 100,000 net cubic feet of volume devoted to the storage of personal property;
c) Class 3: for 50,000 and less than 100,000 net square feet of floor space or for 100,000 and less than 200,000 net cubic feet of volume devoted to the storage of personal property;
d) Class 4: for 100,000 and less than 200,000 net square feet of floor space or for 200,000 and less than 300,000 net cubic feet of volume devoted to the storage of personal property;
e) Class 5: for 200,000 and less than 300,000 net square feet of floor space or for 300,000 and less than 400,000 net cubic feet of volume devoted to the storage of personal property;
f) Class 6: for 300,000 or more net square feet of floor space or for 400,000 or more net cubic feet of volume devoted to the storage of personal property.
##### **92 Ill. Adm. Code 1458.100** Application for License {#sec-1458.100 omnilex-key=us-il-regs-official--title-92--1458.100}
a) Applications for personal property warehouse licenses shall be filed on forms provided by the Commission.
b) Incomplete or incorrect applications for licenses may be refused or rejected by the Commission.
##### **92 Ill. Adm. Code 1458.110** Annual Renewal of License {#sec-1458.110 omnilex-key=us-il-regs-official--title-92--1458.110}
All personal property warehouse licenses shall be renewed annually. All licenses shall expire one year from the day the license was issued by the Commission.
##### **92 Ill. Adm. Code 1458.120** Suspension and Revocation of License {#sec-1458.120 omnilex-key=us-il-regs-official--title-92--1458.120}
The Commission will suspend any personal property warehouse license for failure to comply with this Part or the Act. Continued failure to comply with the Act and this Part relating to personal property warehouses shall result in the revocation of the license.
##### **92 Ill. Adm. Code 1458.130** Reinstatement of License {#sec-1458.130 omnilex-key=us-il-regs-official--title-92--1458.130}
Subject to payment of the reinstatement fee in Section 1458.700(d) and compliance with the Act and this Part, a personal property warehouse license may be reinstated within one year after revocation. Licenses revoked for greater than one year shall not be reinstated.
##### **92 Ill. Adm. Code 1458.200** Warehouse Facilities and Operation {#sec-1458.200 omnilex-key=us-il-regs-official--title-92--1458.200}
a) Each personal property warehouse shall be suitable for the type of storage operations conducted at that warehouse. Warehouses shall be maintained and operated in a manner that will reasonably protect the stored property against loss or damage.
b) Except as otherwise provided in subsection (c) of this Section, a personal property warehouse is liable for damages for loss of or injury to the goods caused by failure to exercise care in regard to the goods as a reasonably careful person would exercise under like circumstances.
c) Damages may be limited by a conspicuous term in the warehouse receipt or storage agreement limiting the amount of liability in case of loss or damage, and setting forth a specific liability per article or item, or value per unit of weight, beyond which the warehouse shall not be liable; however, such liability may, on written request of the owner of the goods at the time of signing the storage agreement or within a reasonable time after receipt of the warehouse receipt, be increased on part or all of the goods. In this event, increased rates may be charged based on the increased valuation. No such limitation is effective with respect to the warehouse's liability for conversion to the warehouse's own use.
d) Reasonable provisions as to the time and manner of presenting claims and instituting actions based on the storage of the goods shall be included in the warehouse receipt.
##### **92 Ill. Adm. Code 1458.210** Placement of Goods Into a Self-Storage Facility {#sec-1458.210 omnilex-key=us-il-regs-official--title-92--1458.210}
a) No person shall place, or arrange to place, another person's goods into a self-storage warehouse facility unless the owner of those goods has possession of the key and access to the warehouse and the owner's name appears on the storage contract.
b) Except as otherwise provided in this subsection, no personal property storage shall be conducted for compensation on behalf of a customer at any location other than a licensed warehouse location. Notwithstanding this prohibition, personal property may, with the consent of the owner, be stored temporarily, for a period not to exceed 5 days, in a motor vehicle used to pick up or transport the property, provided the vehicle is parked on or adjacent to the lot where the licensed warehouse is located.
##### **92 Ill. Adm. Code 1458.220** Inspection of Warehouse Facilities {#sec-1458.220 omnilex-key=us-il-regs-official--title-92--1458.220}
A compliance inspection shall be conducted by Commission staff prior to the issuance of a personal property warehouse license. The inspection shall include, but not be limited to, a review of:
a) physical characteristics of the warehouse, including, but not limited to, the size, location and overall condition of the storage facilities;
b) types of goods stored;
c) proper storage of goods;
d) size of warehouse facility;
e) method of protection from fire;
f) method of protection from theft or burglary;
g) potential damage to stored goods by vermin, insects or water;
h) business organization records;
i) proper documentation of storage lots, including warehouse receipts;
j) advertising.
##### **92 Ill. Adm. Code 1458.230** Posting of Personal Property Warehouse Sign {#sec-1458.230 omnilex-key=us-il-regs-official--title-92--1458.230}
Every personal property warehouse shall keep posted, at the main outside entrance of each warehouse operated, a conspicuous sign that clearly states the name of the warehouse and the license number issued by the Commission and identifies that warehouse as a personal property warehouse.
##### **92 Ill. Adm. Code 1458.240** Advertising {#sec-1458.240 omnilex-key=us-il-regs-official--title-92--1458.240}
a) For purposes of this Section, the term "advertisement" means any advertisement, solicitation, or other communication with the public in relation to the offer or sale of Illinois personal property warehouse storage service. The term shall include advertisement by radio, television, internet, computer media or any other medium.
b) Each personal property warehouse shall include in every advertisement the full name of the warehouse as it appears on its Commission issued license. The advertisement shall also identify the warehouse by showing the license number assigned to the warehouse by the Commission.
c) Personal property warehouses shall not misrepresent the scope of services offered and made available to the public under authority of the license issued by the Commission.
d) No applicant for a personal property warehouse license shall advertise by any means until authority to operate has been issued by the Commission.
##### **92 Ill. Adm. Code 1458.250** Standards for Forms of Payment {#sec-1458.250 omnilex-key=us-il-regs-official--title-92--1458.250}
a) Personal property warehouses shall accept payment tendered in the following forms:
1) Cash;
2) Cashier's check; or
3) Money order.
b) Bartering is not permissible.
##### **92 Ill. Adm. Code 1458.260** Notification to Customers of Revocation {#sec-1458.260 omnilex-key=us-il-regs-official--title-92--1458.260}
If a personal property warehouse license is revoked by the Commission, the warehouse shall send notification to all persons with goods in storage. The revocation notification shall inform the customer of reasonable business hours when goods may be claimed and shall permit any person with goods in storage to remove those goods. The warehouse shall provide the notification within 3 business days after the revocation by the Commission.
##### **92 Ill. Adm. Code 1458.300** Licenses Conditioned Upon Compliance with Insurance Requirements {#sec-1458.300 omnilex-key=us-il-regs-official--title-92--1458.300}
A license issued by the Commission to a personal property warehouse has force and effect only while the warehouse is in compliance with requirements for the filing of proof of insurance or bond coverage.
##### **92 Ill. Adm. Code 1458.310** Minimum Insurance Amounts Required {#sec-1458.310 omnilex-key=us-il-regs-official--title-92--1458.310}
a) Each personal property warehouse shall have on file with the Commission evidence of insurance liability coverage in the following amount for each warehouse location:
1) For a Class 1 warehouse, $10,000;
2) For a Class 2 warehouse, $20,000;
3) For a Class 3 warehouse, $30,000;
4) For a Class 4 warehouse, $40,000;
5) For a Class 5 warehouse, $50,000;
6) For a Class 6 warehouse, $50,000 plus an additional $5,000 for each additional 100,000 net square feet, or net cubic feet of volume, or fraction thereof.
b) The insurance coverage required by this Section shall protect against damage to personal property goods including, but not limited to, damage caused by fire, vermin, insects, water or loss.
c) A continuous surety bond may be used in lieu of the insurance coverage required in subsection (a) as security against damage to personal property, provided that all of the following conditions are satisfied:
1) the surety bond is made payable to the Commission for the benefit of owners of stored property or their assignees;
2) the bond is endorsed by a surety company authorized to do business in the State of Illinois;
3) the bond is in a form approved by the Commission containing all of the terms and conditions required by the Commission;
4) the surety bond shall be continuing and subject to cancellation by the surety company only upon 30 days written notice to the Commission served in person or by certified mail;
##### **92 Ill. Adm. Code 1458.320** Proof of Insurance or Bond Coverage {#sec-1458.320 omnilex-key=us-il-regs-official--title-92--1458.320}
A personal property warehouse shall file with the Commission evidence of proof of insurance or bond coverage in the amount shown in Section 1458.310. The conditions of bond or insurance coverage are as follows:
a) The filing of the proof shall constitute acceptance of the minimum terms required by this Part or by statute and shall bind the insurance company to those terms.
b) The coverage shall remain in effect until a cancellation form is filed with the Commission or the coverage is cancelled by filing with the Commission a subsequent certificate of insurance or bond.
c) Evidence of the insurance or bond coverage shall be on a form approved by the Commission containing all of the terms and conditions required by the Commission.
d) The insurance policy or bond shall be continuing and subject to cancellation or nonrenewal by the insurer only upon 30 days prior written notice to the Commission served in person or by certified mail.
##### **92 Ill. Adm. Code 1458.400** Notice of Liability Limits {#sec-1458.400 omnilex-key=us-il-regs-official--title-92--1458.400}
Before a personal property warehouse contracts to store personal property for any person, the warehouse shall notify that person of any limit on the warehouse's liability for loss or damage to property in storage and of that person's responsibility to provide additional coverage if desired.
##### **92 Ill. Adm. Code 1458.410** Warehouse Receipts {#sec-1458.410 omnilex-key=us-il-regs-official--title-92--1458.410}
Whenever a personal property warehouse receives property from any person for storage, the warehouse shall issue to that person a warehouse or storage receipt for that property. The receipt shall clearly identify the property that the warehouse has received from that person, the location of the warehouse where the property will be stored, the terms and conditions of storage, and the date on which the receipt is issued.
##### **92 Ill. Adm. Code 1458.420** Form of Warehouse Receipt; Essential Terms; Optional Terms {#sec-1458.420 omnilex-key=us-il-regs-official--title-92--1458.420}
a) A warehouse receipt need not be in any particular form.
b) A warehouse receipt shall be signed by the customer.
c) Unless a warehouse receipt embodies within its written or printed terms each of the following, the warehouse is liable for damages caused by the omission to a person injured by the omission:
1) The location of the warehouse where the goods are stored;
2) The date of issue of the receipt;
3) The consecutive number of the receipt;
4) A statement whether the goods received will be delivered to the bearer or to a specified person;
5) The rate of storage and handling charges;
6) A description of the goods or of the packages containing them;
7) The signature of an employee or agent of the warehouse.
d) A warehouse may insert in its receipt any other terms that are not contrary to the Act or this Part, or its duty of care. Any contrary provisions are ineffective.
##### **92 Ill. Adm. Code 1458.500** Imposition of Sanctions {#sec-1458.500 omnilex-key=us-il-regs-official--title-92--1458.500}
When the Commission has reason to believe that a person has committed an act that is a violation of the Act or this Part it may conduct an operating practices proceeding to impose sanctions including, but not limited to, the suspension or revocation of the respondent's license and/or the assessment of civil penalties. In deciding whether to conduct an operating practices proceeding, the Commission will consider, among other factors, the severity of the offense, the probability of guilt, and possible effects of sudden suspension or revocation on the personal property warehouse's customers.
##### **92 Ill. Adm. Code 1458.510** Informal Settlement in Lieu of Formal Proceeding {#sec-1458.510 omnilex-key=us-il-regs-official--title-92--1458.510}
Prior to the institution of formal enforcement proceedings before the Commission, a respondent shall be given the opportunity to settle, at an informal staff level, any controversy regarding the respondent's alleged illegal activity under the Act.
a) The Notice of Alleged Violation and Opportunity to Settle (NAVOS) setting forth the alleged violations of the Act or this Part shall be served on the respondent and shall specify the procedure for the respondent to exercise the option to settle. Included will be instructions to telephone or write to the specific Commission staff member assigned to the case to request and schedule a settlement conference, if the respondent chooses to exercise the settlement option. The respondent shall have 20 days from the date of service to exercise the option to settle.
b) Monetary settlements specified in the NAVOS shall be based upon the minimum and maximum amounts set forth in Section 18c-1704(2) of the Illinois Commercial Transportation Law (ICTL) [625 ILCS 5/18c-1704(2)].
c) An amount less than the minimum established in the NAVOS may be agreed upon between the staff of the Commission and the respondent during informal settlement discussions. This lesser amount shall be incorporated in a stipulated settlement agreement that shall be presented to the Commission for approval or rejection pursuant to the provisions of Section 18c-1705 of the ICTL.
d) Settlement amounts shall be determined upon consideration of the respondent's past compliance history, his/her cooperation with authorities in the resolution of the dispute, his/her willingness to comply with the Act and this Part, the type of violation, the amount of revenue realized from the unlawful activities, and the number of violations.
e) If a settlement agreement is not reached, the matter will be set for hearing before a Commission Hearing Examiner (see 83 Ill. Adm. Code 200).
f) The respondent's right to a hearing and the respondent's position at hearing will not be prejudiced in any way if settlement is not reached.
##### **92 Ill. Adm. Code 1458.520** Initiation of Operating Practices Proceeding {#sec-1458.520 omnilex-key=us-il-regs-official--title-92--1458.520}
a) An enforcement proceeding shall be initiated by the issuance of a Complaint that shall set forth the alleged violations of the Act. The Complaint shall be served on the respondent by certified mail, return receipt requested, at the last address known to the Commission, or by personal service if the respondent is not licensed by the Commission and service by mail cannot be accomplished.
b) The respondent shall have 20 days from the date of service of the Complaint to file a responsive pleading with the Commission. Failure to respond within the specified time shall result in the matter being set for hearing. Notice of the time, date and place for the hearing shall be mailed to the respondent.
c) All matters set for hearing as a result of this Section shall be conducted in accordance with 83 Ill. Adm. Code 200 (Rules of Practice) and with the provisions of Section 18c-1704 of the ICTL.
d) Respondent's failure to appear at a hearing or otherwise respond to a complaint shall constitute a waiver of the respondent's right to contest the alleged violations. Commission staff shall present evidence in support of its allegations and the Commission is authorized, without further notice or hearing, to make findings and may forthwith order the imposition of any applicable sanction.
##### **92 Ill. Adm. Code 1458.530** Failure to Appear at Hearing {#sec-1458.530 omnilex-key=us-il-regs-official--title-92--1458.530}
Respondent's failure to appear at the hearing set for the violations in issue, may constitute a waiver of respondent's right to appear to contest the alleged violations. Commission staff shall testify in support of its allegations and the Commission is authorized without further notice to find the facts to be as alleged in the order and may forthwith order the imposition of any applicable sanction.
##### **92 Ill. Adm. Code 1458.540** Standards for the Assessment of Civil Penalties {#sec-1458.540 omnilex-key=us-il-regs-official--title-92--1458.540}
a) In determining whether to assess civil penalties, the Commission shall consider the following factors:
1) the lack of mitigating circumstances, including:
A) whether the violation's occurrence was attributable to causes beyond the respondent's control rather than to respondent's fault or intent; and
B) whether the violation's occurrence was attributable to action by the Commission that precluded compliance;
2) the lack of good faith or intent, including:
A) the past compliance history of the respondent; and
B) whether a violation is the result of willful conduct or comes about through mistake, inadvertence, or negligence;
3) the financial ability of the respondent to pay the penalties assessed;
4) the degree to which the violative conduct was harmful to the public; and
5) the financial benefit accruing to the respondent as a result of its illegal activities.
b) The Commission's consideration shall be limited to only those violations for which evidence exists. It shall be the burden of the respondent to establish a compelling reason why the civil penalty should be mitigated.
##### **92 Ill. Adm. Code 1458.550** Payment of Civil Penalties {#sec-1458.550 omnilex-key=us-il-regs-official--title-92--1458.550}
Whenever the Commission assesses a civil penalty under this Part:
a) Payment of the civil penalty shall be made by certified or cashier's check, money order, or in installments by the foregoing means after execution of a promissory note containing an agreement for judgment;
b) All remittances shall be made payable to the Illinois Commerce Commission and sent to Transportation Regulatory Fund, Illinois Commerce Commission, 527 East Capitol Avenue, Springfield, Illinois 62701.
##### **92 Ill. Adm. Code 1458.600** Audit and Inspection of Books and Records {#sec-1458.600 omnilex-key=us-il-regs-official--title-92--1458.600}
Each personal property warehouse shall permit Commission staff to inspect or audit its books and records, on request, at any time when the warehouse is open to the public.
##### **92 Ill. Adm. Code 1458.610** Maintenance of Records {#sec-1458.610 omnilex-key=us-il-regs-official--title-92--1458.610}
A personal property warehouse shall keep a record of all property received for storage and of all warehouse or storage receipts issued for one year after the goods were removed from storage. Records shall include the warehouse or storage receipt number, a description of the property received for storage, the date on which the property was received for storage, and the date on which the property was withdrawn from storage. Persons holding an interest in stored property may, at any reasonable time, inspect the warehouse's records related to that property.
##### **92 Ill. Adm. Code 1458.700** Fees {#sec-1458.700 omnilex-key=us-il-regs-official--title-92--1458.700}
The following fees shall apply:
a)
Initial application fee for personal property warehouse license
$250
b)
Annual renewal fee for personal property warehouse license
$150
c)
Annual fee for each additional personal property warehouse operated by applicant
$100
d)
Personal property warehouse license reinstatement fee
$100
e)
Special governmental fairs annual license
$50
### **Subchapter b** Motor Carriers of Property
#### **Part 1470** Non-Relocation Towing
##### **92 Ill. Adm. Code 1470.10** Application of Part 1470 {#sec-1470.10 omnilex-key=us-il-regs-official--title-92--1470.10}
a) This Part shall apply to non-relocation towing as defined in Section 1470.20.
b) This Part shall apply to the following types of transportation, except to the extent that the particular movement is exempt from Commission jurisdiction under Section 18c-4102 of the Illinois Commercial Transportation Law ("Law") (Ill. Rev. Stat. 1986 Supp., ch. 95½, par. 18c-4102):
1) Transportation of accidentally wrecked or disabled vehicles by wrecker or towing equipment;
2) Transportation of replacement vehicles;
3) Towing of wheeled property other than vehicles;
4) Any other transportation in relation to accidentally wrecked or disabled vehicles; and
5) Any other transportation within the definition of "non-relocation towing" as defined in Section 1470.20.
c) This Part shall not apply to the following types of transportation:
1) The relocation of trespassing vehicles from private property where such relocation is subject to regulation under the Illinois Commercial Relocation of Trespassing Vehicles Law; and
2) Transportation which is exempt from Illinois Commerce Commission ("Commission") jurisdiction under Section 18c-4102 of the Law.
d) Except as provided in this Part, non-relocation towing shall be governed by the rules of the Illinois Commerce Commission generally applicable to motor carriers of property.
e) Where this Part conflicts with any other Commission rules governing commercial transportation generally or motor carriers of property in particular, the provisions of this Part shall govern.
##### **92 Ill. Adm. Code 1470.20** Definitions {#sec-1470.20 omnilex-key=us-il-regs-official--title-92--1470.20}
"Non-relocation towing" means the for-hire transportation of vehicles by use of wrecker or towing equipment, other than the removal of trespassing vehicles from private property subject to the provisions of the Illinois Commercial Relocation of Trespassing Vehicles Law and the for-hire towing of wheeled property other than vehicles (Section 18c-1104(21) of the Law, Ill. Rev. Stat. 1987, ch. 95½, par. 18c-1104(21)).
"Owner's agent" means the spouse, child, brother, sister, or parent of the owner; the owner's attorney; the duly appointed personal representative of a deceased or disabled owner. "Owner's agent" does not include any insurance company or agent or any person who engaged in a primary business of non-relocation towing.
"Person engaged in non-relocation towing between July 1, 1985 and January 1, 1986" means any natural person, partnership, or corporation which, in its own name or as the employee or agent of another person, engaged in non-relocation towing, as defined in this Section, at any time between the foregoing dates, regardless of whether such towing was or is subject to the jurisdiction of the Commission.
"Primary towing" means towing of wrecked or accidentally disabled vehicles from the point of wreck or disablement to the initial place of repair or impoundment.
"Roll-back car carrier or trailer" means a vehicle equipped with a tilting bed which either uses a winch to draw wheeled property onto the bed on its own wheels or is designed so that wheeled property can be driven or propelled on its own wheels onto the bed, and any trailer which is specially designed to transport wheeled than two vehicles (See Section 18c-1104(39) of the Law, Ill. Rev. Stat. 1987, ch. 95½, par. 18c-1104(39)).
"Secondary towing" means towing of wrecked or accidentally disabled vehicles beyond the initial point of repair or impoundment.
"Towing" means pulling or pushing by use of a tow truck or auxiliary axle.
"Tow truck" means a truck designed or altered, equipped, and used to push, tow, or draw vehicles by means of a crane, hoist, towbar, towline, or tow dolly, or to render assistance to disabled vehicles.
"Vehicles" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway.
"Wheeled property other than vehicles" means an item, other than a freight trailer, with permanently affixed wheels but with no built-in means of propulsion, designed to be towed by a vehicle (e.g. cement mixer or mobile home).
"Wrecker or towing equipment" means tow trucks or auxiliary axles, when used in relation to towing accidentally wrecked or disabled vehicles; and roll-back carriers or trailers, when used in relation to transporting accidentally wrecked or disabled vehicles. Wrecker or towing equipment does not include car carriers or trailers other than roll-back car carriers or trailers (Section 18c-1104(39) of the Law).
**History**
- *Source: Peremptory amendments at 12 Ill. Reg. 12122, effective July 13, 1988*
##### **92 Ill. Adm. Code 1470.100** Application Forms {#sec-1470.100 omnilex-key=us-il-regs-official--title-92--1470.100}
a) The Commission's Special Application for Non-Relocation Towing License form may be used by a person seeking a non-relocation towing license if the person:
1) Is applying under the provisions of Sections 18c-5303 and 18c-5304 of the Law, (Ill. Rev. Stat. 1986 Supp., ch. 95½, pars. 18c-5303 and 18c-5304);
2) Is seeking authority only to the extent of its non-relocation towing operations between July 1, 1985 and January 1, 1986;
3) Was engaged in non-relocation towing between July 1, 1985 and January 1, 1986; and
4) Has a place of business located in Illinois.
b) The Commission's Standard Application for Non-Relocation Towing License form may be used by a person seeking a non-relocation towing license if the person:
1) Is applying under the provisions of Sections 18c-5303 and 18c-5304 of the Law;
2) Was not engaged in non-relocation towing between July 1, 1985 and January 1, 1986;
3) Is seeking authority only for non-relocation towing, but seeks authority beyond the territorial scope of its non-relocation towing operations between July 1, 1985 and January 1, 1986; or
4) Qualifies to use the Special Application for Non-Relocation Towing License form but elects not to use such form.
c) If authority to engage in transportation other than non-relocation towing is requested, neither the Special Application (subsection (a)) nor the Standard Application (subsection (b)) may be used.
##### **92 Ill. Adm. Code 1470.110** Authority Descriptions {#sec-1470.110 omnilex-key=us-il-regs-official--title-92--1470.110}
a) Commodity descriptions. Applications for a non-relocation towing license must indicate that the applicant seeks either:
1) Authority to engage in non-relocation towing generally; or
2) Authority to engage in non-relocation towing of vehicles.
b) Territory descriptions. Applications for a non-relocation towing license must either:
1) Describe the authorized territory radially and must identify a point on the Illinois Highway Map issued by the Secretary of State as the center of the radius. The identified point may be a municipality or other location designated by a dot on the map. If a city is over 15,000 in population, an intersection of roads visible on the map must be identified as the center of the radius; or
2) Describe the authorized territory as "Between all points in Illinois."
##### **92 Ill. Adm. Code 1470.115** Presumption of Public Need {#sec-1470.115 omnilex-key=us-il-regs-official--title-92--1470.115}
a) A person engaged in non-relocation towing between July 1, 1985 and January 1, 1986 can make a prima facie showing of public convenience and necessity to the extent of its operations during this period by affirming that it engaged in such operations, provided the license application is filed on or before May 27, 1987 (Section 18c-5304 of the Law).
b) An applicant may submit tow tickets or other documentation showing the extent of its operations.
c) If an applicant does not submit documentation, an applicant's operations will be presumed to have been:
1) Movements within a 50 mile radius of its principal place of business in Illinois;
2) Movements from points within the 50 mile radius to points in Illinois; and
3) Movements from points in Illinois to points within the 50 mile radius. (Section 18c-5304 of the Law)
##### **92 Ill. Adm. Code 1470.120** Temporary Licenses {#sec-1470.120 omnilex-key=us-il-regs-official--title-92--1470.120}
a) Applications for temporary licenses must be supported by a verified statement of public need in accordance with Section 18c-5304 of the Law.
b) Where the application shows that the applicant was engaged in non-relocation towing between July 1, 1985 and January 1, 1986, the application form will constitute the verified statement required under this Section.
c) Where the application does not show that the applicant was engaged in non-relocation towing between July 1, 1985 and January 1, 1986, the application must be accompanied by verified statements from the applicant and one or more supporting shippers or other knowledgeable persons, showing a need for the proposed service.
##### **92 Ill. Adm. Code 1470.200** Use of Mileage or Hourly Rates Authorized {#sec-1470.200 omnilex-key=us-il-regs-official--title-92--1470.200}
Rates for non-relocation towing may be on a mileage or unit of time (hourly) basis.
##### **92 Ill. Adm. Code 1470.210** Mileage Determinations {#sec-1470.210 omnilex-key=us-il-regs-official--title-92--1470.210}
a) Odometer readings. Odometer readings from the vehicle used in providing non-relocation towing service may be used in computing charges for the transportation.
b) Any dispute concerning the accuracy of the odometer reading shall be resolved by reference to:
1) A mileage guide, if one has been adopted by the carrier pursuant to 92 Ill. Adm. Code 1365 for this purpose; or
2) The Illinois Highway Map issued by the Secretary of State, if no mileage guide has been adopted by the carrier.
##### **92 Ill. Adm. Code 1470.220** Unit of Time Determinations {#sec-1470.220 omnilex-key=us-il-regs-official--title-92--1470.220}
a) Record of beginning and ending times. Where unit of time (hourly) rates are used, the beginning and ending times of service must be shown on the tow ticket (or freight bill).
b) Shipper certification of times. The beginning time of service must be initialed by the shipper. The ending time of service must be initialed by the shipper, unless the shipper refuses to initial the ending time, in which case the tow ticket (or freight bill) shall so state.
##### **92 Ill. Adm. Code 1470.230** Tariff Rules {#sec-1470.230 omnilex-key=us-il-regs-official--title-92--1470.230}
a) Rules issued by the carrier governing application of rates applicable to non-relocation towing may be established by:
1) Publication or adoption of a rules tariff pursuant to 92 Ill. Adm. Code 1365;
2) Publication of rules in the rate tariff itself; or
3) Adoption by reference of a special rules tariff published by the Commission staff.
b) Use of Commission form. To the extent that a carrier is engaged in non-relocation towing, it may satisfy requirements as to tariff content and form for such transportation by filing a completed copy of the Commission's Non-relocation Towing Tariff, regardless of whether the carrier's license specifically authorizes non-relocation towing or authorizes transportation within the category of non-relocation towing.
##### **92 Ill. Adm. Code 1470.240** Maximum Rates {#sec-1470.240 omnilex-key=us-il-regs-official--title-92--1470.240}
Any rate actually charged for non-relocation towing, unless otherwise specified in the tariff published and in effect for such service, shall be the maximum rate which may be charged by carriers participating in the tariff for such service.
##### **92 Ill. Adm. Code 1470.300** Use of Tow Tickets {#sec-1470.300 omnilex-key=us-il-regs-official--title-92--1470.300}
a) Tow tickets, as prescribed in Section 1470.310 of this Part, may be used in lieu of freight bills and bills of lading to satisfy record-keeping requirements under 92 Ill. Adm. Code 1415.
b) Each vehicle being used in non-relocation towing, subject to Commission jurisdiction, must carry a tow ticket executed for the movement and containing all of the information required under Section 1470.310.
##### **92 Ill. Adm. Code 1470.310** Contents of Tow Tickets {#sec-1470.310 omnilex-key=us-il-regs-official--title-92--1470.310}
Tow tickets, when used in lieu of freight bills and bills of lading to satisfy record-keeping requirements under 92 Ill. Adm. Code 1415, must be consecutively numbered in the carrier's series and must contain the following information:
a) The license plate or vehicle identification number of any vehicle being transported unless neither number is available to the carrier, in which case this must be noted on the tow ticket and the vehicle described in accordance with subsection (b);
b) A description of any wheeled property other than a vehicle, including color, manufacturer's trade name, and type of property;
c) The name, address, and telephone number of the vehicle or property owner or other person who authorized the transportation or towing;
d) The date(s) and time(s) the transportation or towing occurred;
e) The locations from which and to which the vehicle or other property was transported or towed;
f) Starting and finishing times and/or other units necessary to assess applicable rates;
g) A designation of the movement as either:
1) Secondary transportation of a wrecked or disabled vehicle,
2) Transportation of a replacement vehicle to the site of wreck or disablement,
3) Towing of wheeled property other than vehicles,
h) The name of the towing company as it appears on its Commission license;
i) The signature of the driver; and
j) A statement that failure to complete the tow ticket or entry of false information on the tow ticket is a violation of the Law, subject to sanctions provided therein.
##### **92 Ill. Adm. Code 1470.330** Exemption from Annual Reports {#sec-1470.330 omnilex-key=us-il-regs-official--title-92--1470.330}
Any requirement that motor carriers of property file annual reports shall not apply to holders of non-relocation towing licenses.
##### **92 Ill. Adm. Code 1470.400** Fees Generally {#sec-1470.400 omnilex-key=us-il-regs-official--title-92--1470.400}
Except as otherwise provided in this Part, the provisions of 92 Ill. Adm. Code 1205 shall be applicable to non-relocation towing.
##### **92 Ill. Adm. Code 1470.410** Fee for Petition to Intervene {#sec-1470.410 omnilex-key=us-il-regs-official--title-92--1470.410}
Each petition for leave to intervene in opposition to an application for a non-relocation towing license must be accompanied by a filing fee of $100.
##### **92 Ill. Adm. Code 1470.500** C.o.d. Shipments {#sec-1470.500 omnilex-key=us-il-regs-official--title-92--1470.500}
a) Posting of a C.O.D. (collect on delivery) bond shall not be required in relation to non-relocation towing.
b) Other provisions of 92 Ill. Adm. Code 1425 are applicable to non-relocation towing.
##### **92 Ill. Adm. Code 1470.600** Intervention in Opposition {#sec-1470.600 omnilex-key=us-il-regs-official--title-92--1470.600}
a) Each petition for leave to intervene in opposition to a non-relocation towing license application must set forth specific facts which the petitioner alleges which would bear on the issuance of the license under Section 18c-5303 or Section 18c-5304 of the Law.
b) Each petition to intervene shall be accompanied by a filing fee of $100 (See Section 1470.410).
c) Petitions to intervene shall be filed pursuant to the Commission's Rules of Practice, 83 Ill. Adm. Code 200.
##### **92 Ill. Adm. Code 1470.700** Transportation at Owner's Request {#sec-1470.700 omnilex-key=us-il-regs-official--title-92--1470.700}
a) This Part does not apply to transportation of vehicles pursuant to the written authorization of the owner or owner's agent as defined in Section 1470.20. Such transportation is exempt from the jurisdiction of the Commission under Section 18c-4102 of the Illinois Commercial Transportation Law.
b) The Commission's Written Authorization to Tow Form (Exhibit A), if accompanied by proof of ownership of the vehicle and proper identification of the owner or owner's agent, may be used to evidence the required authorization.
**History**
- *Source: Peremptory rule added at 12 Ill. Reg. 12122, effective July 13, 1988*
##### **92 Ill. Adm. Code 1470.EXHIBIT** A Written Authorization to Tow Form {#sec-1470.exhibit omnilex-key=us-il-regs-official--title-92--1470.EXHIBIT}
1)
I,
, am the owner or owner's agent (spouse, child,
brother, sister, parent, attorney or court appointed legal representative ONLY may be considered to be owner's agent) of the following vehicle:
2)
Make
Model
Year
VIN #
License Plate # (Include State)
3)
My address is:
Street
City
State
Zip Code
4)
This authorization is hereby given to
of
, to tow the vehicle described above.
5)
I hereby state and affirm, under oath, that I am the duly authorized owner or owner's agent
of the vehicle described above.
Date:
Signature:
Instructions – Written Authorization to Tow Form
All parts of this form must be legible, in ink or typewritten, and completely filled out.
Line 1 – Fill in your complete name. Note that only certain persons may qualify as owner's agent.
Line 2 – Give make, model and year of vehicle being towed. Also include VIN (Vehicle Identification Number) number and license plate number (including state).
Line 3 – Provide your complete mailing address.
Line 4 – Fill in full name of person towing the vehicle and complete mailing address.
Line 5 – Sign in ink and date. Note that the permission you provide in this form is under oath.
Special Note: Other State and local requirements concerning proof of ownership and identification of owner or owner's agent may have to be met before the vehicle may be released.
**History**
- *Source: Peremptory rule added at 12 Ill. Reg. 12122, effective July 13, 1988*
#### **Part 1480** Collateral Recovery
##### **92 Ill. Adm. Code 1480.10** Definitions {#sec-1480.10 omnilex-key=us-il-regs-official--title-92--1480.10}
"Act": the Collateral Recovery Act [225 ILCS 422].
"Administrative Law Judge": a Hearing Examiner or a Hearing Officer of the Illinois Commerce Commission's Transportation Division.
"Agent": when used in the Act or this Part, means a person or entity that is authorized to act for or in place of another, and is not a towing company or a person or entity acting on behalf of a towing company, a repossession agency or a person or entity acting on behalf of a repossession agency.
"Applicant": a person or entity seeking action with respect to a license, recovery permit or registration or a certification program under the Act and this Part.
"Application": the form and process for seeking action with respect to licensure, a recovery permit or registration or a certification program under the Act and this Part. The time frame and consequences of failing to complete an application within the specific time frame as provided in Section 35(k) of the Act shall apply to all applications under the Act and this Part. Specifically, applicants have 90 days from the date of application to complete the application process. If the application has not been completed within 90 days, then the application shall be denied, any fee paid shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication. [225 ILCS 422/35(k)]
"Assignment": a written authorization by a legal owner, lien holder, lessor, lessee, or licensed repossession agency authorized by a legal owner, lien holder, lessor or lessee to locate or repossess, involuntarily or voluntarily, any collateral, including, but not limited to, collateral registered under the Illinois Vehicle Code that is subject to a security agreement that contains a repossession clause or is the subject of a rental or lease agreement. "Assignment" also means a written authorization by an employer to recover any collateral entrusted to an employee or former employee if the possessor is wrongfully in the possession of the collateral. A photocopy, facsimile copy, or electronic copy of an assignment shall have the same force and effect as an original written assignment. [225 ILCS 422/10]
"Branch Office": each additional office and secured storage facility location of a repossession agency located in and conducting business within the State of Illinois and operating under the same name as the repossession agency where business is actively conducted or is engaged in the business authorized by the licensure. Each branch office must be individually licensed. [225 ILCS 422/10]
"Class "E" Recovery Permit": a permit issued to an individual whose duties include the actual repossession of collateral for a Class "R" recovery agency or a Class "RR" branch office and who has met the required criteria for obtaining the permit in accordance with the Act and this Part.
"Class "EE" Recovery Permit": a permit issued to an intern whose duties include the actual repossession of collateral under the direction and control of a designated, sponsoring Class "E" recovery permit or a designated, sponsoring Class "MR" license and who has met the required criteria for obtaining the permit in accordance with the Act and this Part.
"Class "MR" License": a license issued to any individual who performs the services of a recovery manager for a Class "R" recovery agency or a Class "RR" branch office and who has met the required criteria for licensure in accordance with the Act and this Part.
"Class "R" License": a license issued to any person, firm, company, partnership or corporation that engages in business as a recovery agency and has met the required criteria for licensure in accordance with the Act and this Part. A Class "R" license is valid only for a repossession agency's main office.
"Class "RR" License": a license issued to each branch office of a Class "R" repossession agency that has met the required criteria for licensure in accordance with the Act and this Part.
"Collateral": any vehicle, boat, recreational vehicle, motor home, motorcycle or other property that is subject to a security, lease or rental agreement. [225 ILCS 422/10]
"Commission": the Illinois Commerce Commission.
"Debtor": any person or entity obligated under a lease, rental, or security agreement. [225 ILCS 422/10]
"Deceive": the result from actions prohibited by Section 2 of the Consumer Fraud and Deceptive Business Practices Act [815 ILCS 505/2].
"Defraud": the result of making a reckless or knowing misrepresentation of truth or concealment of fact to induce another to act to his or her detriment.
"Dishonorable": not in conformity with the Act or this Part.
"Financial Institution": a bank, a licensee under the Consumer Installment Loan Act [205 ILCS 670], savings bank, savings and loan association, or credit union organized and operating under the laws of this or any other state or of the United States, and any subsidiary or affiliate thereof. [225 ILCS 422/10]
"Harm": adverse effect, injury, loss, damage or detriment.
"Immediate Family": includes the person's spouse, parents, children, siblings and partner in a civil union pursuant to the Illinois Religious Freedom Protection and Civil Union Act [750 ILCS 75].
"Legal Owner": a person holding a security interest in any collateral that is subject to a security agreement, a lien against any collateral, or an interest in any collateral that is subject to a lease or rental agreement. [225 ILCS 422/10]
"Licensure": the approval of the required criteria that has been submitted for review in accordance with the provisions of the Act [225 ILCS 422/10]
for the purpose of licensing a recovery manager, repossession agency and branch office of a repossession agency.
"Main Office": primary facility of a licensed repossession agency located in the State of Illinois.
"Pending Criminal Charge": alleged violation of any penal law of the United States or any state or territory of the United States brought before a court against a person or entity that may result in a conviction for a crime that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession [225 ILCS 422/80] but that has not been adjudicated by the court as of the date of application or the date of hearing.
"Pending Criminal Proceeding": judicial process instituted to adjudicate criminal charges brought before a court against a person or entity that has not culminated in an entry of a sentence, a guilty or not guilty judgment, a dismissal, or an order striking the criminal charges as of the date of application or the date of hearing.
"Personal Effects": any property contained within or on repossessed collateral, or property that is not permanently affixed to the collateral, that is not the property of the legal owner. [225 ILCS 422/10]
"Recovery Manager": a person who possesses a valid license in accordance with the provisions of the Act and is in control or management of a repossession agency.[225 ILCS 422/10]
"Recovery Permit": a permit issued by the Commission to a repossession agency employee who has met all the requirements under the Act. [225 ILCS 422/10]
"Recovery Ticket": a serialized record obtained from the Commission for any repossessed vehicle or collateral evidencing that any person, business, financial institution, automotive dealership, or repossession agency who shows a recovery ticket has paid the recovery ticket fee to the Commission. [225 ILCS 422/10]
"Remote Storage Location": a secured storage facility of a licensed repossession agency designated for the storage of collateral that is a secure building or has a perimeter that is secured with a fencing construction that makes the area not accessible to the public. A remote storage location shall not transact business with the public and shall provide evidence of applicable insurance to the Commission that specifies the licensed repossession agency as the primary policy holder. A remote storage location shall be located in a commercially zoned area physically located in Illinois. [225 ILCS 422/10]
"Repossession Agency": any person or entity conducting business within the State of Illinois, that, for any type of consideration, engages in the business of, accepts employment to furnish, or agrees to provide or provides property locating services, property recovery, recovered property transportation, recovered property storage, or all services relevant to any of the following:
The location, disposition, or recovery of property as authorized by the self-help provisions of the Uniform Commercial Code;
The location, disposition, or recovery of lost or stolen property;
Securing evidence concerning repossession and recovery to be used before any court, board, office, or investigating committee;
Inventory of property contained in or on the collateral or recovered property;
The possession of collateral;
The prevention of the misappropriation or concealment of chattel, vehicles, goods, objects, documents, or paper.
"Repossession Agency" does not include any of the following:
An attorney at law who is performing his or her duties as an attorney at law.
The legal owner of collateral that is subject to a security agreement;
An officer or employee of the United States of America or of this State or a political subdivision of this State while the officer or employee is engaged in the performance of his or her official duties;
A qualified recovery manager's license or recovery permit holder when performing services for, or on behalf of, a licensed repossession agency;
A collection agency licensed under the Collection Agency Act [225 ILCS 425] when its activities are limited to assisting an owner in the recovery of property that is not collateral, as defined in this Act. [225 ILCS 422/10]
"Repossession Agency Employee": any person or self-employed independent contractor who is hired by a repossession agency. [225 ILCS 422/10]
"Secured Storage Facility": an area located on the same premises as a repossession agency office or branch office that is designated for the storage of collateral and is a secure building or has a perimeter that is secured with a fencing construction that makes the area not accessible to the public. Each repossession agency office or branch office must maintain a secured storage facility. [225 ILCS 422/10]
"Security Agreement": an obligation, pledge, mortgage, chattel mortgage, lease agreement, rental agreement, deposit, or lien, given by a debtor as security for payment or performance of his or her debt by furnishing the creditor with a recourse to be used in case of failure in the principal obligation. "Security agreement" includes a bailment where an employer-employee relationship exists or existed between the bailor and the bailee. [ 225 ILCS 422/10]
"Transferee-Applicant": an applicant for transfer of a Class "R" License under the Act and this Part.
"Unethical": not in conformity with the Act or this Part.
"Unprofessional": not in conformity with the Act or this Part.
"Violation": failure to comply with a provision of the Act, this Part or Commission orders. Each day's continuance of a violation shall constitute a separate violation.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.20** Repossession Agency Licensure {#sec-1480.20 omnilex-key=us-il-regs-official--title-92--1480.20}
a) Applications for repossession agency licensure shall be filed on forms and contain the information prescribed by the Commission. Incomplete or incorrect applications for repossession agency licensure shall be refused or rejected by the Commission.
b) Applicants for repossession agency licensure shall submit, along with their applications, copies of government-issued photo identification, such as a driver's license, state identification card, or passport for all persons required to submit personal photo identification under the Act.
c) Applicants for repossession agency licensure shall disclose on their applications:
1) All civil judgments entered in the 5 years preceding the date of application by any legal forum other than the Commission arising from conduct while performing repossessions against the applicant or any individual required by Section 60 of the Act to submit to a criminal background check as part of the licensure process; and
2) All convictions for any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession. [225 ILCS 422/80] The applicant shall provide all information required by the Commission's application regarding the applicant's convictions, in addition to submitting to a criminal background check as required by the Act.
d) As part of the repossession agency licensure process, the Commission shall consider the criminal record of the applicant. The Commission may refuse to issue or renew a repossession agency license if the applicant has been convicted of any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession. [225 ILCS 422/80] For purposes of this subsection and subsection (c)(2), "applicant" shall include the sole proprietor if the applicant is a sole proprietorship, each partner of the applicant that is a partnership, each officer of the applicant that is a corporation and each member of the applicant that is a limited liability company.
e) The Commission shall review applications for repossession agency licensure to determine whether the applicant has satisfied the fitness criteria contained in the Act and this Part. If, upon review of an application, the Commission discovers that the applicant or any individual required to submit to a criminal background check as part of the licensure process has been convicted of any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession [225 ILCS 422/80], the matter shall be set for an administrative hearing before an Administrative Law Judge to assist the Commission in determining whether the applicant is unfit by reason of conviction.
f) A repossession agency license shall not be issued to the applicant if the applicant or any individual required to submit to a criminal background check as part of the licensure process has pending criminal proceedings involving any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession. The application for repossession agency licensure shall remain on pending status until the resolution of the pending criminal charges. If the criminal proceedings culminate in the applicant or any individual required to submit to a criminal background check as part of the licensure process being convicted of any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession, the matter shall be set for an administrative hearing before an Administrative Law Judge to assist the Commission in determining whether the applicant is unfit by reason of conviction. [225 ILCS 422/80]
g) At the hearing, the applicant shall have the burden of proving fitness by clear and convincing evidence.
h) Only repossession agencies that have active licenses with the Commission are authorized to engage in collateral recovery in the State of Illinois. Repossession agencies whose licenses have been placed on a status other than active are not authorized to engage in collateral recovery in the State of Illinois.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.25** Licensed Recovery Manager in Control or Management of Repossession Agency Main Office or Branch Office {#sec-1480.25 omnilex-key=us-il-regs-official--title-92--1480.25}
a) A licensed recovery manager is in control or management [225 ILCS 422/65(a)] of a repossession agency main office or a repossession agency branch office when the recovery manager is physically present at the repossession agency main office or branch office or within a close proximity of the repossession agency main office or branch office and able to supervise employees and repossession activities of the repossession agency main office or branch office.
b) When a licensed recovery manager currently registered with the Commission temporarily ceases to be in control or management of a repossession agency main office or branch office, the repossession agency may use a temporary, registered, licensed recovery manager with the Commission who will be temporarily in control or management of a repossession agency main office or branch office.
1) A temporary, licensed recovery manager must have an active Class "MR" License, be registered in that capacity with the Commission pursuant to Subpart F and be otherwise in compliance with the Act and this Part prior to assuming duties as a recovery manager on behalf of a licensed repossession agency. The temporary recovery manager must possess an active Class "MR" License issued by the Commission at the time of registration. A temporary, licensed recovery manager must comply, at all times, with the Act and this Part while serving as the licensed recovery manager for a repossession agency main office or branch office.
2) The provisions of this subsection (b) may be utilized in addition to, but not in lieu of, the provisions of the Act or this Part.
**History**
- *Source: Added at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.30** Repossession Agency License Transfer {#sec-1480.30 omnilex-key=us-il-regs-official--title-92--1480.30}
a) Applications for the transfer of a repossession agency license shall be filed on forms and contain the information prescribed by the Commission. Incomplete or incorrect applications for the transfer of a license shall be refused or rejected by the Commission. Applications shall be accompanied by the appropriate fee listed in Section 1480.540.
b) The following shall constitute a transfer of a repossession agency license:
1) Change in the ownership interest of the license;
2) Change in the ownership interest of the license holder.
c) Transferees-applicants shall disclose on transfer applications:
1) All civil judgments entered in the 5 years preceding the date of application by any legal forum other than the Commission arising from conduct while performing repossessions against the transferee-applicant or any individual required to submit to a criminal background check as part of the licensure process; and
2) All convictions for any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession. [225 ILCS 422/80] The transferee-applicant shall provide all information required by the Commission's application regarding the transferee-applicant's convictions, in addition to submitting to a criminal background check as required by the Act.
d) Unless otherwise specifically provided for in the Act or in this Part, transferee-applicants will be held to the same fitness standards and will be required to comply with the same application procedures as initial applicants for repossession agency licensure.
e) The Commission shall review applications for the transfer of a license to determine whether the transferee-applicant has satisfied the fitness criteria contained in the Act and this Part. If, upon review of an application for the transfer of a license, the Commission discovers that the transferee-applicant or any individual required to submit to a criminal background check as part of the licensure process has been convicted of any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession [225 ILCS 422/80], the matter shall be set for an administrative hearing before an Administrative Law Judge to assist the Commission in determining whether the transferee-applicant is unfit by reason of conviction.
f) A transfer of a repossession agency license shall not be granted to a transferee-applicant if the transferee-applicant or any individual required to submit to a criminal background check as part of the licensure process has pending criminal proceedings involving any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession. The application for transfer of repossession agency licensure shall remain on pending status until the resolution of the pending criminal charges. If the criminal proceedings culminate in the transferee-applicant or any individual required to submit to a criminal background check as part of the licensure process being convicted of any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession, the matter shall be set for an administrative hearing before an Administrative Law Judge to assist the Commission in determining whether the transferee-applicant is unfit by reason of conviction. [225 ILCS 422/80]
g) Only repossession agency licenses that are in good standing with the Commission may be transferred. Applicants have 90 days from the date of application to complete the application process. The repossession agency license shall remain on active status during the 90 day period. If the application process has not been completed and all the fitness standards have not been fulfilled within 90 days, then the application shall be denied, the fee shall be forfeited and the license shall be suspended. [225 ILCS 422/35(k)]
h) At the hearing, the applicant shall have the burden of proving fitness by clear and convincing evidence.
i) As part of the transfer of repossession agency licensure process, the Commission shall consider the criminal record of the transferee-applicant. The Commission may refuse to grant the transfer of a repossession agency license if the transferee-applicant has been convicted of any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession. [225 ILCS 422/80] For purposes of this subsection and subsection (c)(2), "transferee-applicant" shall include the sole proprietor if the transferee-applicant is a sole proprietorship, each partner of the transferee-applicant that is a partnership, each officer of the transferee-applicant that is a corporation and each member of the transferee-applicant that is a limited liability company.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.35** Repossession Agency Branch Office Licensure {#sec-1480.35 omnilex-key=us-il-regs-official--title-92--1480.35}
Applications for repossession agency branch office licensure shall be filed on forms and contain the information prescribed by the Commission. Incomplete or incorrect applications for repossession agency branch office licensure shall be refused or rejected by the Commission.
**History**
- *Source: Added at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.40** Recovery Manager Licensure {#sec-1480.40 omnilex-key=us-il-regs-official--title-92--1480.40}
a) Applications for recovery manager licensure shall be made on forms and contain the information prescribed by the Commission. Incomplete or incorrect applications for recovery manager licensure shall be refused or rejected by the Commission.
b) Applicants for recovery manager licensure shall disclose on their applications:
1) All civil judgments entered against them in the 5 years preceding the date of application by any legal forum other than the Commission arising from their conduct while performing repossessions; and
2) All convictions for any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession. [225 ILCS 422/80] The applicant shall provide all information required by the Commission's application regarding the applicant's convictions, in addition to submitting to a criminal background check as required by the Act.
c) Applicants for recovery manager licensure shall submit the following as part of the application:
1) A sworn statement from the applicant attesting he or she has completed no less than 2,500 hours of actual compensated collateral recovery work as an employee of a repossession agency, a financial institution or a vehicle dealer within the 5 years immediately preceding the filing of his or her application;
2) Copies of paycheck stubs, W2s, 1099s or payroll printouts from the manager's employment. If the applicant is unable to provide copies of paycheck stubs, W2s, 1099s or payroll printouts supporting the actual compensated collateral recovery experience in the 5 years immediately preceding the filing of the application, the applicant shall provide a separate written statement explaining the unavailability of paycheck stubs, W2s, 1099s or payroll printouts, as well as a sworn statement from each repossession agency, financial institution or vehicle dealer for which the applicant performed actual collateral recovery work for compensation during the 5 years immediately preceding the application;
3) Proof of completion of a recovery manager certification program approved by the Commission under Section 1480.160; and
4) A copy of a government-issued photo identification issued to the applicant, such as a driver's license, state identification card, or passport.
d) The Commission shall review applications for recovery manager licensure to determine whether the applicant has satisfied the fitness criteria contained in the Act and this Part. If, upon review of an application for a recovery manager license, the Commission discovers that the applicant has been convicted of any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession [225 ILCS 422/80], the matter shall be set for an administrative hearing before an Administrative Law Judge to assist the Commission in determining whether the applicant is unfit by reason of conviction.
e) A recovery manager license shall not be issued to an applicant who has pending criminal proceedings involving any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession. The application for recovery manager licensure shall remain on pending status until the resolution of the pending criminal charges. If the criminal proceedings culminate in the applicant being convicted of any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession, the matter shall be set for an administrative hearing before an Administrative Law Judge to assist the Commission in determining whether the applicant is unfit by reason of conviction. [225 ILCS 422/80]
f) Only individuals who have active Class "MR" Licenses with the Commission are authorized to operate as recovery managers for a repossession agency main office or branch office. Individuals whose recovery manager licenses have been placed on a status other than active are not authorized to operate as recovery managers.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.50** Recovery Permits {#sec-1480.50 omnilex-key=us-il-regs-official--title-92--1480.50}
a) Applications for initial recovery permits Class "E" and Class "EE" shall be filed on forms and contain information prescribed by the Commission. Incomplete or incorrect applications for recovery permits shall be refused or rejected by the Commission.
b) Applicants for recovery permits Class "E" and Class "EE" shall disclose on their applications:
1) All civil judgments entered against them in the 5 years preceding the date of application by any legal forum other than the Commission arising from their conduct while performing repossessions; and
2) All convictions for any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession. [225 ILCS 422/80] The applicant shall provide all information required by the Commission's application regarding the applicant's convictions, in addition to submitting to a criminal background check as required by the Act.
c) The Commission shall review applications for recovery permits Class "E" and Class "EE" to determine whether the applicant has satisfied the fitness criteria contained in the Act. If, upon review of an application for recovery permit, the Commission discovers that the applicant has been convicted of any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession [225 ILCS 422/80], the matter shall be set for an administrative hearing before an Administrative Law Judge to assist the Commission in determining whether the applicant is unfit by reason of conviction.
d) Class "E" and Class "EE" recovery permits shall not be issued to applicants who have pending criminal proceedings involving any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession. The applications for Class "E" and Class "EE" recovery permits shall remain on pending status until the resolution of the pending criminal charges. If the criminal proceedings culminate in the applicant being convicted of any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession, the matter shall be set for an administrative hearing before an Administrative Law Judge to assist the Commission in determining whether the applicant is unfit by reason of conviction. [225 ILCS 422/80]
e) At hearing, the applicant shall have the burden of proving fitness by clear and convincing evidence.
f) Applicants shall submit as part of their recovery permit Class "E" and Class "EE" applications copies of government-issued photo identification issued to the applicant, such as a driver's license, state identification card, or passport.
g) Applicants for Class "EE" recovery permits shall fulfill the same fitness standards that are required of Class "E" recovery permit applicants except Class "EE" applicants shall not have to demonstrate completion of an approved recovery agency employee certification program.
h) Only individuals who have active recovery permits with the Commission are authorized to perform actual repossession in the State of Illinois for a licensed repossession agency. Individuals whose recovery permits have been placed on a status other than active are not authorized to engage in actual repossessions in the State of Illinois for a licensed repossession agency.
i) A Class "EE" recovery permit holder is under the direction and control of a designated, sponsoring Class "E" recovery permit or a designated, sponsoring Class "MR" license [225 ILCS 422/75(e)(5)], when the Class "EE" recovery permit holder is accompanied at all times by a designated, sponsoring Class "E" recovery permit holder or Class "MR" license holder when the Class "EE" recovery permit holder engages in actual repossessions in the State of Illinois.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.60** Conversion of Class "ee" Recovery Permit to Class "e" Recovery Permit {#sec-1480.60 omnilex-key=us-il-regs-official--title-92--1480.60}
Upon completion of an approved recovery agency employee certification program under Section 1480.160, a holder of a Class "EE" recovery permit in good standing may file an application for conversion of his or her Class "EE" recovery permit to a Class "E" recovery permit.
a) Applications for conversion of a Class "EE" recovery permit to a Class "E" recovery permit shall be filed on forms and contain the information prescribed by the Commission. Incomplete or incorrect applications for conversion of a Class "EE" recovery permit to a Class "E" recovery permit shall be refused or rejected by the Commission.
b) Applicants for conversion of a Class "EE" recovery permit to a Class "E" recovery permit shall not be required to pay a conversion application fee.
c) Applications for conversion of a Class "EE" recovery permit to a Class "E" recovery permit shall contain proof of the Applicant's completion of an approved recovery agency employee certification program.
d) A Class "EE" recovery permit can only be renewed once and shall expire permanently at the end of the renewal period.
##### **92 Ill. Adm. Code 1480.61** Consideration of Past Crimes in Licensing Hearings {#sec-1480.61 omnilex-key=us-il-regs-official--title-92--1480.61}
Notwithstanding the prohibitions set forth in Sections 40 and 45 of the Act, when considering the denial of a license or recovery permit on the grounds of conviction of a crime, the Commission, in evaluating the rehabilitation of the applicant and the applicant's present eligibility for a license or recovery permit, shall consider each of the following criteria:
a) The nature and severity of the act or crime under consideration as grounds for denial.
b) Evidence of any act committed subsequent to the act or crime under consideration as grounds for denial, which also could be considered as grounds for disciplinary action under the Act.
c) The amount of time that has lapsed since the commission of the act or crime referred to in subsection (a) or (b).
d) The extent to which the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant as of the date of the hearing as evidenced by:
1) Satisfactory termination of the applicant's sentence;
2) Applicant's compliance with all requirements and conditions of parole, probation, conditional discharge, term of imprisonment or any other lawfully imposed sentence;
3) Applicant's compliance with paying any fees, fines, court costs or restitution imposed by the court as part of the sentence.
e) Evidence, if any, of rehabilitation submitted by the applicant [225 ILCS 422/85], such as:
1) Bestowment onto the applicant of certifications or commendations subsequent to a conviction for a crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession [225 ILCS 422/80] that demonstrate a decrease in propensity toward the behavior that previously caused the applicant to become convicted;
2) Applicant's successful participation in special programs or counseling groups designed to decrease the propensity toward the behavior that previously caused the applicant to become convicted of a crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession. [225 ILCS 422/80]
**History**
- *Source: Added at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.70** Replacement or Revision of a License, Recovery Permit or Registration {#sec-1480.70 omnilex-key=us-il-regs-official--title-92--1480.70}
Applications for replacement or revision of any license, recovery permit or registration issued under the Act or this Part shall be filed on forms and contain the information prescribed by the Commission. Incomplete or incorrect applications for replacement or revision of a license, recovery permit or registration shall be refused or rejected by the Commission.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.80** Return of Revoked or Suspended Licenses, Recovery Permits or Registrations {#sec-1480.80 omnilex-key=us-il-regs-official--title-92--1480.80}
Upon the revocation or suspension of any license, registration or recovery permit, the license holder, registration holder or permit holder shall immediately surrender the license, registration or recovery permit to the Commission. [225 ILCS 422/185] The license, registration or recovery permit holder will be considered in compliance with this Section if the license, registration or recovery permit is returned within 14 days from the date of suspension or revocation via United States mail or hand delivery at the following address:
Illinois Commerce Commission
Transportation Division
527 East Capitol Avenue
Springfield, Illinois 62701
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.90** Renewal of Licenses and Recovery Permits {#sec-1480.90 omnilex-key=us-il-regs-official--title-92--1480.90}
a) Applications to renew a license or recovery permit shall be filed on forms and contain the information prescribed by the Commission. Incomplete or incorrect applications for renewal of licenses or recovery permits shall be refused or rejected by the Commission.
b) Applicants for the renewal of a license shall fulfill the same fitness standards that are required of initial applicants for a respective license. Applicants for the renewal of a recovery permit shall fulfill the same fitness standards that are required of initial applicants for a respective recovery permit.
c) For applicants whose applications were previously set for hearing due to a conviction, if, upon review of an application for renewal, the Commission discovers that the applicant or any individual required to submit to a criminal background check as part of the licensure process has been convicted of any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession [225 ILCS 422/80] since the last hearing held in the matter, the matter shall be set for an administrative hearing before an Administrative Law Judge to assist the Commission in determining whether the applicant is unfit by reason of conviction.
d) Applications for renewal of a license or permit must be filed with the Commission no earlier than 90 days and not later than 45 days prior to the expiration of a license or permit. The license or permit holder must satisfactorily complete the application process and fulfill all the fitness standards by the expiration date of the license or permit. A license or permit expires on the expiration date if not successfully renewed by the Commission prior to the expiration date. Any license or recovery permit holder whose license or recovery permit is not renewed by the license's or permit's expiration date shall not engage in the practice of recovery in this State or use the title or advertise that he, she, or it performs the services of a licensed repossession agency, licensed recovery manager, or repossession agency employee. [225 ILCS 422/75(k)]
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.100** Restoration of Licenses and Recovery Permits {#sec-1480.100 omnilex-key=us-il-regs-official--title-92--1480.100}
a) Applications to restore an expired license or recovery permit shall be filed on forms and contain the information prescribed by the Commission. Incomplete or incorrect applications for restoration of licenses or recovery permits shall be refused or rejected by the Commission.
b) Any person in military service whose license has expired as provided in Section 75(g) of the Act and who is requesting a waiver of the restoration fee must submit supporting documents with the application, including but not limited to, official written military orders.
c) Applicants for the restoration of a license shall fulfill the same fitness standards that are required of initial applicants for a respective license. Applicants for the restoration of a recovery permit shall fulfill the same fitness standards that are required of initial applicants for a respective recovery permit.
d) The restoration fee for a license or recovery permit listed in Subpart V shall be in addition to a renewal fee for that respective license or recovery permit.
##### **92 Ill. Adm. Code 1480.110** Reinstatement of Licenses, Recovery Permits or Registrations {#sec-1480.110 omnilex-key=us-il-regs-official--title-92--1480.110}
a) Applications to reinstate a revoked or suspended license, recovery permit or registration shall be filed on forms and contain the information prescribed by the Commission. Incomplete or incorrect applications for reinstatement of licenses, recovery permits or registrations shall be refused or rejected by the Commission.
b) An applicant for the reinstatement of a license shall fulfill the same fitness standards required of an initial applicant for a respective license. License holders whose licenses were suspended or revoked according to Section 1480.392 shall cure the deficiency that caused the suspension or revocation, file a reinstatement application and pay the reinstatement application fee before the license may be reinstated.
c) An applicant for the reinstatement of a recovery permit shall fulfill the same fitness standards required of an initial applicant for a respective recovery permit. Recovery permit holders whose permits were suspended or revoked according to Section 1480.392 shall cure the deficiency that caused the suspension or revocation, file a reinstatement application and pay the reinstatement application fee before the recovery permit may be reinstated.
d) An applicant for the reinstatement of a registration shall fulfill the same fitness standards required of an initial applicant for a respective registration. Registration holders whose registrations were suspended or revoked according to Section 1480.392 shall cure the deficiency that caused the suspension or revocation, file a reinstatement application and pay the reinstatement application fee before the registration may be reinstated.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.120** Resuming an Inactive License or Recovery Permit to Active Status {#sec-1480.120 omnilex-key=us-il-regs-official--title-92--1480.120}
a) Any person or entity requesting that a license or recovery permit be changed from inactive to active status shall submit a written notice on a form containing the information prescribed by the Commission. Incomplete or incorrect written forms shall be refused or rejected by the Commission.
b) Any person or entity requesting to resume a license to active status shall fulfill the same fitness standards that are required of an initial applicant for a respective license. Any person requesting to resume a recovery permit to active status shall fulfill the same fitness standards that are required of an initial applicant for a respective recovery permit. Active status will not be resumed until the person or entity has demonstrated full compliance with the Act and this Part.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.130** License Extension Upon the Death of a Person Licensed Individually {#sec-1480.130 omnilex-key=us-il-regs-official--title-92--1480.130}
a) An immediate family member shall submit written notice on a form containing the information prescribed by the Commission or in a form of the letter to the Commission. Incomplete or incorrect written notices shall be refused or rejected by the Commission. If the immediate family member submits the written notice in the form of a letter, the letter shall provide, at minimum, the following information:
1) Full legal name of the deceased license holder;
2) Identifying number of the license;
3) Full legal name of the immediate family member;
4) Address of the immediate family member;
5) Telephone number of the immediate family member;
6) Relationship of the immediate family member to the license holder;
7) Date of death of the license holder;
8) Brief statement requesting a license extension; and
9) Notarized signature of the immediate family member.
b) An immediate family member shall submit, along with the written notice, the death certificate of the deceased license holder and:
1) If the immediate family member is a child or a parent of the deceased license holder, the immediate family member's birth or adoption certificate; or
2) If the immediate family member is a sibling of the deceased license holder, the immediate family member's birth or adoption certificate; or
3) If the immediate family member is a spouse of the deceased license holder, a marriage or civil union certificate issued to the deceased license holder and surviving spouse.
##### **92 Ill. Adm. Code 1480.140** License Extension Upon the Death or Disassociation of Partner {#sec-1480.140 omnilex-key=us-il-regs-official--title-92--1480.140}
a) A partnership shall submit written notice on a form containing the information prescribed by the Commission or in the form of a letter to the Commission. Incomplete or incorrect written notices shall be refused or rejected by the Commission. If the partnership submits the written notice in the form of a letter, the letter shall provide, at minimum, the following information:
1) Full legal name of the partnership;
2) Business address of the partnership;
3) Business telephone of the partnership;
4) Identifying number of the license;
5) Full legal name of the deceased or disassociated partner;
6) Full legal name of every partner;
7) Address of every partner;
8) Telephone number of every partner;
9) Date of death of the deceased partner or date of disassociation of the disassociated partner;
10) Brief statement requesting extension; and
11) Notarized signature of the notifying partner.
b) In case of death of a partner, the partnership shall submit, along with the written notice, a copy of the deceased partner's death certificate.
##### **92 Ill. Adm. Code 1480.145** License Extension Upon Death of a Shareholder of a Corporation or a Member of a Limited Liability Company {#sec-1480.145 omnilex-key=us-il-regs-official--title-92--1480.145}
a) In the case of the death of a shareholder of a corporation licensed as a repossession agency, the corporation shall notify the Commission, in writing, within 30 days from the death of a shareholder. If the corporation fails to notify the Commission within the 30-day period, the license shall automatically be revoked at the end of that period. If proper notice is given, the license shall remain in force for 90 days following the date of death of a shareholder. At the end of the 90-day period, the license shall automatically be revoked.
b) In the case of the death of a member of a limited liability company licensed as a repossession agency, the company shall notify the Commission, in writing, within 30 days from the death of a member. If the company fails to notify the Commission within the 30-day period, the license shall automatically be revoked at the end of that period. If proper notice is given, the license shall remain in force for 90 days following the date of death of a member. At the end of the 90-day period, the license shall automatically be revoked.
c) The corporation or limited liability company shall submit written notice on a form containing the information prescribed by the Commission or in the form of a letter to the Commission. Incomplete or incorrect written notices shall be refused or rejected by the Commission. If the corporation or limited liability company submits the written notice in form of a letter, the letter shall provide, at minimum, the following information:
1) Full legal name of the corporation or limited liability company;
2) Business address of the corporation or limited liability company;
3) Business telephone of the corporation or limited liability company;
4) Identifying number of the license;
5) Full legal name of the deceased shareholder or member;
6) Full legal name of every shareholder or member;
7) Address of every shareholder or member;
8) Telephone number of every shareholder or member;
9) Date of death of the shareholder or member;
10) Brief statement requesting extension; and
11) Notarized signature of authorized company representative.
d) The corporation or limited liability company shall submit, along with the written notice, a copy of the deceased shareholder's or member's death certificate.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.146** Exception to Revocation of an Extended License {#sec-1480.146 omnilex-key=us-il-regs-official--title-92--1480.146}
In case of death of a person licensed individually, the license will not automatically be revoked at the end of the 120-day period if the immediate family member of the person licensed individually applies for a transfer of the repossession agency license in accordance with the Act and this Part within the 120-day period. For partnerships, corporations and limited liability companies, the license will not automatically be revoked at the end of the 90-day period if the partnership, corporation or limited liability company applies for a transfer of the repossession agency license in accordance with the Act and this Part within the 90-day period. The corporation, limited liability company, immediate family member of the person individually licensed or partnership may continue to operate under the repossession agency license until a final decision granting or denying the transfer is issued or the 90-day period to complete the transfer application process and fulfill all the fitness standards expires, whichever comes first.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.150** Registration Procedures {#sec-1480.150 omnilex-key=us-il-regs-official--title-92--1480.150}
a) Repossession agencies shall register all recovery managers and persons engaged in actual repossession with the Commission. Registration shall be completed on forms and contain the information prescribed by the Commission. Incomplete or incorrect registration forms shall be refused or rejected by the Commission.
b) Registrations shall not be effective until accepted by the Commission.
c) No repossession agency shall issue an employee identification card until a registration for that employee or intern has been accepted by the Commission.
d) Registrations shall indicate, for every person being registered as an employee or intern who will perform actual repossessions by driving away collateral, or towing collateral by a tow truck, or both, on behalf of the licensed repossession agency, whether the person being registered holds a valid state driver's license or restricted driving permit. The Commission shall not accept a registration when the registration indicates that the person being registered as an employee or intern will perform actual repossessions by driving away or driving a tow truck to tow away collateral, or both, without a valid state driver's license or restricted driving permit.
e) Once a person is registered with the Commission, the registration shall be updated by filing a form containing the information prescribed by the Commission to effect any changes to the registration.
f) If a registered person's license or recovery permit is summarily suspended, the Commission shall notify the license or permit holder and any repossession agency with which that person is registered.
g) Registrations for temporary, licensed recovery managers shall indicate the specific period of time during which the temporary, licensed recovery manager will serve as a recovery manager in control or management of the repossession agency main office or branch office. A temporary, licensed recovery manager may only be registered as such for a period of 30 days, at the end of which the registration will expire. The registration of the licensed recovery manager who is being temporarily replaced need not be cancelled when the licensed recovery manager temporarily ceases control and management of the repossession agency main office or branch office.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.160** Applications for Commission Approval of Recovery Manager Certification Programs {#sec-1480.160 omnilex-key=us-il-regs-official--title-92--1480.160}
a) Applications for Commission approval of a recovery manager certification program shall be filed on forms and contain information prescribed by the Commission. Incomplete or incorrect applications shall be refused or rejected by the Commission.
b) Applications for Commission approval of a recovery manager certification program shall be accompanied by an application fee.
c) The Commission shall approve by resolution any recovery manager certification program it deems consistent with the purposes of the Act.
d) At a minimum, the certification program shall include training in the following areas:
1) The Act;
2) This Part;
3) Illinois criminal law relating to crimes against persons or property;
4) Recovery of collateral;
5) Recordkeeping; and
6) Ethical and professional conduct.
e) The certification program shall be updated to reflect changes in the areas of law listed in subsection (d). Failure to update the certification program with current changes in the law may cause the approval to be withdrawn by the Commission.
##### **92 Ill. Adm. Code 1480.170** Applications for Commission Approval of Repossession Agency Employee Certification Programs {#sec-1480.170 omnilex-key=us-il-regs-official--title-92--1480.170}
a) Applications for Commission approval of a repossession agency employee certification program shall be filed on forms and contain the information prescribed by the Commission. Incomplete or incorrect applications shall be refused or rejected by the Commission.
b) Applications for Commission approval of a repossession agency employee certification program shall be accompanied by an application fee.
c) The Commission shall approve by resolution any repossession agency employee certification program it deems consistent with the purposes of the Act.
d) At a minimum, the certification program shall include training in the following areas:
1) The Act;
2) This Part;
3) Illinois criminal law relating to crimes against persons or property;
4) Recovery of collateral;
5) Recordkeeping; and
6) Ethical and professional conduct.
e) The certification program shall be updated to reflect changes in the areas of law listed in subsection (d). Failure to update the certification program with current changes in the law may cause the approval to be withdrawn by the Commission.
##### **92 Ill. Adm. Code 1480.180** Generally {#sec-1480.180 omnilex-key=us-il-regs-official--title-92--1480.180}
a) Recovery tickets shall be completed on forms and contain the information prescribed by the Commission.
b) Recovery tickets shall remain attached to the repossessed collateral until any of the following occur:
1) Collateral is returned to the debtor;
2) Collateral is returned to the lien holder; or
3) Collateral is sold.
c) Unused recovery tickets shall be returned to the Commission via United States mail or hand delivery at the following address:
Illinois Commerce Commission
Transportation Division
527 East Capitol Avenue
Springfield, Illinois 62701
##### **92 Ill. Adm. Code 1480.190** Accounting and Maintenance of Books and Records {#sec-1480.190 omnilex-key=us-il-regs-official--title-92--1480.190}
a) Each repossession agency shall comply with generally accepted accounting principles for use in the keeping and recording of their accounts and bookkeeping records.
b) As generally accepted accounting standards, the Commission incorporates by reference "Generally Accepted Accounting Principles" of the Financial Accounting Standards Board (July 1, 2009, no later amendments or editions included).
Financial Accounting Standards Board
401 Merritt 7
P.O. Box 5116
Norwalk, Connecticut 06856-5116
Telephone: 203-847-0700
c) The books referred to in this Subpart include not only books of account in a limited technical sense but all other correspondence, memoranda, etc., that will be useful in developing the history of or facts regarding any transaction.
d) Each repossession agency shall preserve the books, accounts, records or memoranda for a period of at least 2 years.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.200** Audit and Inspection of Books and Records {#sec-1480.200 omnilex-key=us-il-regs-official--title-92--1480.200}
a) Each repossession agency shall permit Commission staff to inspect, examine and audit by producing, upon demand, all accounts, books, records, memoranda, other papers and electronic data in the possession or control of the repossession agency to determine whether provisions of the Act or this Part have been violated.
b) Commission staff shall have the power, at any and all times, to examine, audit or demand production of all accounts, books, records, memoranda, other papers and electronic data in the possession or control of any other person to determine whether provisions of the Act or this Part have been violated.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.210** Annual Report Filing {#sec-1480.210 omnilex-key=us-il-regs-official--title-92--1480.210}
Each repossession agency shall complete and file with the Commission not later than May 15 of each calendar year an annual report for the preceding calendar year. The annual report shall be made on forms and contain the information prescribed by the Commission. Incomplete or incorrect annual reports shall be refused or rejected by the Commission.
##### **92 Ill. Adm. Code 1480.220** Licenses Conditioned Upon Compliance with Insurance Requirements {#sec-1480.220 omnilex-key=us-il-regs-official--title-92--1480.220}
A license or registration issued to a repossession agency, branch office or remote storage location by the Commission has force and effect only while the license holder is in compliance with the requirements for the filing of proof of insurance.
##### **92 Ill. Adm. Code 1480.230** Proof of Insurance {#sec-1480.230 omnilex-key=us-il-regs-official--title-92--1480.230}
Proof of insurance or cancellation shall be filed on forms containing the information prescribed by the Commission. The filing of proof of insurance shall constitute acceptance of the minimum terms required by Section 90 of the Act. The coverage shall remain in effect until the coverage expires, a cancellation form is filed with the Commission or the coverage is superseded by filing a subsequent certification of insurance. The Commission shall receive notice of cancellation no later than the effective date of cancellation of the policy.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.240** Notification to the Debtor {#sec-1480.240 omnilex-key=us-il-regs-official--title-92--1480.240}
a) Within 5 working days after repossession, a licensed repossession agency must give written notice to the debtor of the whereabouts of personal effects or property not covered by a security agreement inventoried pursuant to Section 110 of the Act [225 ILCS 422/110], on a form containing the information prescribed by the Commission or in the form of a letter. Each notification form shall be approved by a licensed recovery manager authorized to work for the licensed repossession agency. If the licensed repossession agency submits the written notice in the form of a letter, the letter shall provide, at minimum, the following information:
1) The full legal name of the licensed repossession agency as it appears on its repossession agency license issued by the Commission or, if applicable, an authorized trade name as it appears on its repossession agency license;
2) The licensed repossession agency's license number;
3) Date of the repossession;
4) Date of the notice;
5) Description of the collateral repossessed;
6) The address and phone number of the location where the debtor can come to claim any personal property in the licensed repossession agency's possession;
7) The signature of a licensed recovery manager; and
8) The signing licensed recovery manager's license number.
b) If the debtor, or an authorized individual with a notarized release from the debtor, retrieves personal effects or property not covered by a security agreement from the repossessed collateral prior to the time when written notice to the debtor is due pursuant to Section 110 of the Act, the licensed repossession agency is not required to send written notice as prescribed in Section 110 of the Act. A personal property receipt, signed by the debtor or an authorized individual pursuant to the notarized release from the debtor, must be placed in the licensed repossession agency's records for a minimum of 2 years and made available for inspection upon request by the Commission.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.250** Posting Requirements {#sec-1480.250 omnilex-key=us-il-regs-official--title-92--1480.250}
a) Signs meeting specifications listed in this Section shall be posted on each repossession agency's main office and branch office.
b) Each sign must contain the repossession agency's:
1) Full legal name as it appears on the repossession agency's license;
2) Business address;
3) Business phone number; and
4) Hours of operation.
c) Characters must be at least 3 inches in height and in colors contrasting with the background of the sign.
d) Signs must be free of any natural or man-made interference and visible both during the day and night.
##### **92 Ill. Adm. Code 1480.260** Security of Secured Storage Facilities {#sec-1480.260 omnilex-key=us-il-regs-official--title-92--1480.260}
a) Each secured storage facility shall be a secure building or have a perimeter that is secured by a fence with locking gates that make the area not accessible to the public and prevent unauthorized access to repossessed collateral or personal property. All gates shall remain locked at all times but may be temporarily opened to allow for authorized access.
b) Only the following individuals shall have access to repossessed collateral and personal property while it is being stored by the repossession agency:
1) Persons employed by the repossession agency and agents of the repossession agency;
2) Other persons lawfully entitled to access to repossessed collateral or to the secured storage facility; and
3) Collateral owners or agents of collateral owners while either:
A) Accompanied by an employee or agent of the repossession agency; or
B) Under electronic surveillance by an employee or agent of the repossession agency.
##### **92 Ill. Adm. Code 1480.270** Ownership {#sec-1480.270 omnilex-key=us-il-regs-official--title-92--1480.270}
The licensed repossession agency must own, or have exclusive possession of under a written lease with a term of at least 1 year, a main office and, if applicable, branch offices, with secured storage facilities. At the time of filing an application for licensure, the following shall be provided:
a) If the property is owned, proof of ownership of the property, including but not limited to mortgage documents, tax bill or a deed; or
b) If the property is leased, a copy of a valid written lease with a term of 1 year.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.280** Identification of Offices and Secured Storage Facilities {#sec-1480.280 omnilex-key=us-il-regs-official--title-92--1480.280}
A repossession agency's main office and each branch office with a secured storage facility shall be identified as a property of the repossession agency by one or more signs meeting the specifications of Section 1480.250.
##### **92 Ill. Adm. Code 1480.290** Maintenance of Records {#sec-1480.290 omnilex-key=us-il-regs-official--title-92--1480.290}
Records of all repossessed collateral and personal effects or other property not covered by a security agreement in the possession of a repossession agency as a result of a repossession shall be kept and maintained at a repossession agency office located on the same premises as the secured storage facility where the collateral or personal effects or other property not covered by a security agreement is stored. Records must be made available for inspection by Commission staff.
##### **92 Ill. Adm. Code 1480.300** Storage of Non-Collateral Property {#sec-1480.300 omnilex-key=us-il-regs-official--title-92--1480.300}
Any personal effects or other property not covered by a security agreement in possession of a repossession agency as a result of a repossession shall be stored in a secure manner at a main office or a branch office with a secured storage facility.
##### **92 Ill. Adm. Code 1480.310** Compliance Inspection {#sec-1480.310 omnilex-key=us-il-regs-official--title-92--1480.310}
A compliance inspection shall be conducted by Commission staff prior to issuance of a license. The inspection shall include, but not be limited to, a review of:
a) Physical characteristics of the secured storage facility, including but not limited to the size, location and overall condition of the facility;
b) Types of repossessed collateral and personal property stored;
c) Proper storage of repossessed collateral and personal property;
d) Proper posting of signs;
e) Method of protection from fire;
f) Method of protection from theft or burglary;
g) Method of protection from potential damage to the stored repossessed collateral and personal property by vermin, insects or water;
h) Proper documentation of the repossessed collateral being stored; and
i) Proper inventory of personal property removed from repossessed collateral.
##### **92 Ill. Adm. Code 1480.320** Registering Remote Storage Locations {#sec-1480.320 omnilex-key=us-il-regs-official--title-92--1480.320}
A repossession agency shall register all remote storage locations with the Commission on forms containing the information prescribed by the Commission. Incomplete or incorrect forms shall be refused or rejected by the Commission.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.330** Security of the Remote Storage Locations {#sec-1480.330 omnilex-key=us-il-regs-official--title-92--1480.330}
a) Each remote storage location shall be a secure building or have a perimeter that is secured by a fence with locking gates that make the area not accessible to the public and prevent unauthorized access to repossessed collateral. All gates shall remain locked at all times but may be temporarily opened to allow for authorized access.
b) Only persons employed by the repossession agency and agents of the repossession agency shall have access to repossessed collateral while it is being stored by the repossession agency at a remote storage location.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.340** Ownership of the Remote Storage Locations {#sec-1480.340 omnilex-key=us-il-regs-official--title-92--1480.340}
The licensed repossession agency must own, or have exclusive possession of under a written lease with a term of at least 1 year, a remote storage location. At the time of filing an application for registration, the following shall be provided:
a) If the property is owned, proof of ownership of the property, including but not limited to mortgage documents, tax bill or a deed; or
b) If the property is leased, a copy of a valid written lease with a term of at least 1 year.
##### **92 Ill. Adm. Code 1480.350** Location and Purpose {#sec-1480.350 omnilex-key=us-il-regs-official--title-92--1480.350}
a) Each remote storage location shall be located in a commercially zoned area physically located in Illinois.
b) Each remote storage location shall be utilized solely to store repossessed collateral.
##### **92 Ill. Adm. Code 1480.370** Maintenance of Records {#sec-1480.370 omnilex-key=us-il-regs-official--title-92--1480.370}
Records of all repossessed collateral located at remote storage locations must be kept and maintained at the nearest branch office or main office and made available for inspection by authorized Commission staff.
##### **92 Ill. Adm. Code 1480.380** Compliance Inspection {#sec-1480.380 omnilex-key=us-il-regs-official--title-92--1480.380}
A compliance inspection shall be conducted by the Commission staff prior to issuance of a registration. The inspection shall include, but not be limited to, a review of:
a) Physical characteristics of the remote storage location, including but not limited to the size, location and overall condition of the remote storage;
b) Types of repossessed collateral stored;
c) Proper storage of repossessed collateral;
d) Method of protection from fire;
e) Method of protection from theft or burglary;
f) Method of protection from potential damage to the stored repossessed collateral by vermin, insects or water; and
g) Proper documentation of the repossessed collateral being stored.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.390** Disciplinary Actions with Respect to Repossession Agency License Holders {#sec-1480.390 omnilex-key=us-il-regs-official--title-92--1480.390}
The Commission may revoke or may suspend, place on probation, or take any other disciplinary action that is consistent with the Act, with regard to any repossession agency license holder if the license holder, or the sole proprietor if the license holder is a sole proprietorship, any partner of the license holder that is a partnership, any officer of the license holder that is a corporation, or any member of the license holder that is a limited liability company has been convicted of any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession. [225 ILCS 422/80]
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.391** Suspension or Revocation of Remote Storage Location Registrations {#sec-1480.391 omnilex-key=us-il-regs-official--title-92--1480.391}
The Commission may suspend, revoke or take any other disciplinary action consistent with the Act with respect to any holder of a remote storage location registration for failure to file proof of insurance or any other violation of the Act or this Part.
**History**
- *Source: Added at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.392** Special Revocation Procedures {#sec-1480.392 omnilex-key=us-il-regs-official--title-92--1480.392}
a) The Commission shall serve, by first-class United States Mail at the mailing address of record with the Commission, notice upon a license, permit or registration holder who failed to:
1) Pay a franchise tax, license fee or penalty or comply with any other requirements under the Business Corporation Act of 1983 [805 ILCS 5], the Limited Liability Company Act [805 ILCS 180], the Uniform Partnership Act (1997) [805 ILCS 206] and Uniform Limited Partnership Act (2001) [805 ILCS 215], causing the business entity to become dissolved or declared not in good standing or its assumed name to become inactive with the Illinois Secretary of State.
2) Comply with Commission regulations and orders regarding the filing of proof of insurance and annual reports and the payment of penalties or fines.
b) The notice shall advise the license, permit or registration holder of the apparent violations and state that, unless the violation is corrected within 30 days from the date the notice is served, the license, permit or registration will be suspended by operation of law without further action by the Commission.
c) Upon suspension of the license, permit or registration, the Commission shall issue another notice to the license, permit or registration holder that shall advise of the apparent violations and state that, unless the violation is corrected within 30 days from the date of suspension, the license, permit or registration will be revoked by operation of law without further action by the Commission.
**History**
- *Source: Added at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.393** Consideration of Past Crimes in Disciplinary Hearings {#sec-1480.393 omnilex-key=us-il-regs-official--title-92--1480.393}
When considering the suspension or revocation of a license or recovery permit on the grounds of conviction of a crime, the Commission, in evaluating the rehabilitation of the applicant and the applicant's present eligibility for a license or recovery permit, shall consider each of the following criteria:
a) The nature and severity of the act or offense.
b) The license holder's or recovery permit holder's criminal record in its entirety.
c) The amount of time that has lapsed since the commission of the act or offense.
d) Whether the license holder or recovery permit holder has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against him or her as of the date of the hearing, as evidenced by:
1) Satisfactory termination of the license or recovery permit holder's sentence;
2) License or recovery permit holder's compliance with all requirements and conditions of parole, probation, conditional discharge, term of imprisonment or any other lawfully imposed sentence;
3) License or recovery permit holder's compliance with paying any fees, fines, court costs or restitution imposed by the court as part of the sentence.
e) If applicable, evidence of expungement proceedings.
f) Evidence, if any, of rehabilitation submitted by the license holder or recovery permit holder [225 ILCS 422/85] such as:
1) Bestowment onto the license or recovery permit holder of certifications or commendations subsequent to a conviction for a crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession [225 ILCS 422/80] that demonstrate a decrease in propensity toward the behavior that previously caused the applicant to become convicted;
2) License or recovery permit holder's successful participation in special programs or counseling groups designed to decrease the propensity toward the behavior that previously caused the applicant to become convicted of a crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession [225 ILCS 422/80].
**History**
- *Source: Added at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.400** Vehicle Identification Requirement (repealed) {#sec-1480.400 omnilex-key=us-il-regs-official--title-92--1480.400}
**History**
- *Source: Repealed at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.410** Responsibility and Liability {#sec-1480.410 omnilex-key=us-il-regs-official--title-92--1480.410}
a) The repossession agency shall be responsible and liable for all operations under the authority of its license and for supervision and control of all equipment and personnel used in its operations.
b) The repossession agency shall be responsible and liable for acts of its personnel under the authority of its license, regardless of the employee or independent contractor classifications.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.415** Notification to Law Enforcement Prior to Repossession {#sec-1480.415 omnilex-key=us-il-regs-official--title-92--1480.415}
a) Prior to a repossession, the licensed repossession agency or repossession agency employee shall notify the appropriate law enforcement agency located in the jurisdiction in which the licensed repossession agency or repossession agency employee plans to perform the repossession. [225 ILCS 422/105]
b) The following information shall be provided as part of the notification:
1) Name of the repossession agency;
2) License number of the repossession agency;
3) Color, make, model, vehicle identification number (VIN) if applicable, serial number if applicable, and a general description of collateral to be repossessed.
c) Acceptable notification shall be made by the means of a phone, fax, email or other electronic communication.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.416** Notification to Law Enforcement Following Repossession {#sec-1480.416 omnilex-key=us-il-regs-official--title-92--1480.416}
a) Within 30 minutes after the completion of the repossession, the licensed repossession agency or repossession agency employee must notify the appropriate law enforcement agency that the repossession has occurred within its jurisdiction. [225 ILCS 422/105]
b) The following information shall be provided as part of the notification:
1) Name of the repossession agency;
2) License number of the repossession agency;
3) Color, make, model, vehicle identification number (VIN) if applicable, serial number if applicable, and a general description of collateral repossessed;
4) Date and time the repossession was completed.
c) Acceptable notification shall be made by the means of a phone, fax, email or other electronic communication.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.417** Record of Notifications Made to Law Enforcement {#sec-1480.417 omnilex-key=us-il-regs-official--title-92--1480.417}
a) Repossession agencies must maintain records documenting the notifications made to law enforcement.
b) The records shall include:
1) Date and time of each notification;
2) Law enforcement agency notified;
3) All of the information required to be provided pursuant to Sections 1480.415 and 1480.416.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.418** Notification of Conviction to the Commission {#sec-1480.418 omnilex-key=us-il-regs-official--title-92--1480.418}
a) The repossession agency must notify the Commission in writing of its conviction for any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession. [225 ILCS 422/80]
b) The sole proprietor of a repossession agency that is a sole proprietorship, any partner of a repossession agency that is a partnership, any corporate officer of a repossession agency that is a corporation or any member of a repossession agency that is a limited liability company must notify the Commission in writing of his or her conviction for any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession. [225 ILCS 422/80]
c) Any Class "MR" license holder, Class "E" recovery permit holder and Class "EE" recovery permit holder must notify the Commission in writing of his or her conviction for any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession. [225 ILCS 422/80]
d) Upon notification and verification of a conviction for any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession [225 ILCS 422/80] of a Class "MR" license holder or a Class "E" or Class "EE" recovery permit holder, the Commission shall immediately suspend the respective license or recovery permit. The matter shall be set for an administrative hearing before an Administrative Law Judge to assist the Commission in determining whether the license or permit holder is unfit to hold the license or recovery permit by reason of conviction.
e) Upon notification and verification of a conviction for any crime under the laws of the United States or any state or territory of the United States that is a felony, a misdemeanor an essential element of which is dishonesty, or a crime related to the practice of the profession [225 ILCS 422/80] of the repossession agency license holder or the sole proprietor if the license holder is a sole proprietorship, any partner of the license holder that is a partnership, any officer of the license holder that is a corporation or any member of the license holder that is a limited liability company, the Commission shall immediately suspend the repossession agency license. The matter shall be set for an administrative hearing before an Administrative Law Judge to assist the Commission in determining whether the license holder is unfit to hold the license by reason of conviction.
f) Notification of conviction to the Commission shall be made on forms and contain the information prescribed by the Commission. Incomplete or incorrect notifications shall be refused or rejected by the Commission. Notification of convictions must be received by the Commission no later than 7 days after the entry of judgment of conviction. Notifications must be filed with the Commission's Transportation Division at the following address:
Illinois Commerce Commission
Transportation Division
527 East Capitol Avenue
Springfield, Illinois 62701
**History**
- *Source: Added at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.420** Enforcement of the Act (repealed) {#sec-1480.420 omnilex-key=us-il-regs-official--title-92--1480.420}
**History**
- *Source: Repealed at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.430** Enforcement Proceedings and Imposition of Sanctions {#sec-1480.430 omnilex-key=us-il-regs-official--title-92--1480.430}
When the Commission has reason to believe that a person has committed a violation of the Act or this Part, it may conduct an operating practices proceeding to impose sanctions including, but not limited to, the suspension or revocation of the respondent's license, recovery permit or registration, the assessment of civil penalties, or a combination of sanctions consistent with the Act. In deciding whether to conduct an operating practices proceeding, the Commission will consider, among other factors, the severity of the offense and the probability of guilt.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.440** Informal Settlement in Lieu of Formal Proceeding {#sec-1480.440 omnilex-key=us-il-regs-official--title-92--1480.440}
Prior to the institution of formal enforcement proceedings by the Commission staff before the Commission, a respondent shall be given the opportunity to settle, at an informal staff level, any controversy regarding the respondent's alleged illegal activity under the Act or this Part.
a) The Notice of Alleged Violation and Opportunity to Settle (NAVOS) setting forth the alleged violations of the Act or this Part shall be served on the respondent and shall specify the procedure for the respondent to exercise his or her option to settle. Included will be instructions to telephone or write to the specific Commission staff member assigned to the case to request and schedule a settlement conference if the respondent chooses to exercise the settlement option. The respondent shall have 20 days from the date of service to exercise his or her option to settle.
b) Monetary settlements specified in the NAVOS shall be based upon the minimum $100 and maximum amounts per violation set forth in Section 80 of the Act.
c) An amount less than the minimum established in the NAVOS may be agreed upon between the staff of the Commission and the respondent during informal settlement discussions. The agreed upon amount shall be incorporated in a stipulated settlement agreement presented to the Commission for approval or rejection according to Section 1480.440.
d) Stipulated Settlement Agreements. The Commission staff shall have the power to negotiate and sign proposed settlements of enforcement proceedings by written stipulation. The Commission may accept a reasonable monetary settlement and any other reasonable terms stipulated between the respondent and staff, with or without a finding of violations at hearing. The Commission shall review the proposed settlements within 30 days after a stipulation is signed by the parties. Unless a stipulation is suspended for review by order of the Commission served within 30 calendar days after it was signed by the parties, it shall be deemed accepted by operation of law. A stipulation that has been suspended for review shall likewise be deemed accepted by operation of law unless it is rejected by order of the Commission served within 45 days after it was suspended. A stipulation that is deemed accepted under this subsection shall become effective and shall be enforceable in the same manner as an order of the Commission. Orders suspending proposed settlements shall cite reasons for suspension that are specific to the case. Orders rejecting proposed settlements shall recite the grounds on which the settlements are found to be unreasonable and describe the evidence that supports the findings.
e) Settlement amounts shall be determined upon consideration of the respondent's past compliance history, cooperation with authorities in the resolution of the dispute, willingness to comply with the Act and this Part, the type of violation, the amount of revenue realized from the unlawful activities, and the number of violations.
f) If a settlement agreement is not reached, the matter will be set for hearing pursuant to the Act and the Commission's Rules of Practice (83 Ill. Adm. Code 200) before an Administrative Law Judge.
g) The respondent's right to a hearing and his or her position at hearing will not be prejudiced in any way if settlement is not reached.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.450** Initiation of Operating Practices Proceeding {#sec-1480.450 omnilex-key=us-il-regs-official--title-92--1480.450}
a) An operating practices proceeding shall be initiated by Commission staff through the issuance of a Complaint that shall set forth the alleged violations of the Act. The Complaint and any notice in the subsequent proceedings may be served by personal delivery on the respondent, or by registered or certified mail to the address last specified by the respondent in the last notification to the Commission. [225 ILCS 422/140]
b) The respondent shall have 30 days from the date of service of the Complaint to file a verified responsive pleading with the Commission. Failure to respond within the specified time shall result in the matter being set for hearing. Notice of the time, date and place for the hearing shall be served to the respondent at least 30 days before the date set for the hearing. The written responsive pleading shall be served by personal delivery, certified delivery, or certified or registered mail to the Commission. [225 ILCS 422/140]
c) At the time and place fixed in the notice, the Commission shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present such statements, testimony, evidence, and argument as may be pertinent to the charges or to the defense thereto. The Commission may continue such hearing from time to time. At the discretion of the Commission, the respondent's license, registration or recovery permit may be suspended or revoked, if the evidence constitutes sufficient grounds for such action under the Act. [225 ILCS 422/140]
d) All matters set for hearing as a result of this Section shall be conducted in accordance with the Act and the Commission's Rules of Practice (83 Ill. Adm. Code 200). The Commission's Rules of Practice shall be utilized in addition to, but not in lieu of, the provisions of the Act. In case of a conflict between the provisions of the Act and the Commission's Rules of Practice, the Act controls.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.460** Failure to Appear at Hearing {#sec-1480.460 omnilex-key=us-il-regs-official--title-92--1480.460}
Respondent's failure to appear at the hearing set for the alleged violations at issue shall constitute a waiver of respondent's right to appear to contest the alleged violations. The Administrative Law Judge shall find a respondent that fails to appear at hearing in default.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.470** Service of Order {#sec-1480.470 omnilex-key=us-il-regs-official--title-92--1480.470}
Orders shall be served upon the respondent by personal delivery to the respondent, or by registered or certified mail to the address last specified by the respondent in the last notification to the Commission. [225 ILCS 422/140]
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.480** Standards for the Assessment of Civil Penalties {#sec-1480.480 omnilex-key=us-il-regs-official--title-92--1480.480}
a) In determining whether to assess civil penalties, the Commission shall consider the following factors:
1) The lack of mitigating circumstances, including:
A) Whether the violation's occurrence was attributable to causes beyond the respondent's control, rather than to respondent's fault or intent; and
B) Whether the violation's occurrence was attributable to action by the Commission that precluded compliance;
2) The lack of good faith or intent, including:
A) The past compliance history of the respondent; and
B) Whether a violation is the result of willful conduct or comes about through mistake, inadvertence or negligence;
3) The financial ability of the respondent to pay the penalties assessed;
4) The degree to which the violative conduct was harmful to the public; and
5) The financial benefit accruing to the respondent as a result of its illegal activities.
b) The Commission's consideration shall be limited to only those violations for which evidence exists. It shall be the burden of the respondent to establish a compelling reason why the civil penalty should be mitigated.
c) Persons found to have committed one or more violations for which civil penalties may be assessed shall be entitled to have those civil penalties determined in accordance with the following procedure:
1) A numerical value from 0 to 5 shall be assigned to each of the following factors:
A) Lack of mitigating circumstances;
B) Lack of good faith or intent;
C) Financial ability to pay;
D) Degree to which the violative conduct was harmful to the public; and
E) Financial benefit accruing to the respondent as a result of its illegal activities.
2) The values assigned shall be summed. The sum shall be divided by the maximum possible weighted value per violation (25) and then multiplied by $2,500 per violation. The result will be the civil penalty the Commission shall assess against the respondent.
d) Notwithstanding subsection (c), in the context of an Informal Settlement in Lieu of Formal Proceeding, when the settlement would conserve the resources of the Commission and expedite the disposition of the Commission's caseload without jeopardizing the regulatory goals of the Act and this Part, a lesser penalty may be assessed.
e) Notwithstanding subsection (c), in the context of enforcement by administrative citations in accordance with Subpart U, the Commission may establish reduced maximum fines for violations, and the fine imposed shall not exceed the amount of the fine indicated on the administrative citation.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.490** Payment of Civil Penalties {#sec-1480.490 omnilex-key=us-il-regs-official--title-92--1480.490}
Whenever the Commission assesses a civil penalty under this Part:
a) Payment of the civil penalty shall be made by certified or cashier's check, money order, or in installments by any of these means.
b) All remittances shall be made payable to the Illinois Commerce Commission/TRF and sent to:
Illinois Commerce Commission
Transportation Division
527 East Capitol Avenue
Springfield, Illinois 62701
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.500** Standards {#sec-1480.500 omnilex-key=us-il-regs-official--title-92--1480.500}
In deciding whether to place a license, registration or permit holder on probation, the Commission shall consider the following factors:
a) Lack of good faith or intent, including:
1) Past compliance history of the license, registration or permit holder; and
2) Whether a violation is the result of willful conduct or comes about through mistake, inadvertence or negligence;
b) Degree to which the violative conduct was harmful to the public;
c) Financial benefit accruing to the license, registration or permit holder as a result of its illegal activities;
d) Mitigating circumstances, including:
1) Whether the violation's occurrence was attributable to causes beyond the license, registration or permit holder's control rather than to license, registration or permit holder's fault or intent; and
2) Whether the violation's occurrence was attributable to action by the Commission that precluded compliance;
e) Whether probation would deprecate the seriousness of the license, registration or permit holder's conduct; and
f) Any other factors the Commission deems appropriate.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.510** Time and Conditions of Probation {#sec-1480.510 omnilex-key=us-il-regs-official--title-92--1480.510}
When a license, registration or permit holder is placed on probation, the Commission shall impose a period and shall specify the conditions of probation. Conditions of probation shall be that the license, registration or permit holder:
a) Not violate any criminal statute of any jurisdiction;
b) Not violate the Act or this Part;
c) If in violation of the Act or this Part, comply with the Act or this Part and cease and desist from further or any future violations of the Act or this Part;
d) If engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public, cease and desist from that conduct in the future;
e) If convicted of any crime under the laws of the United States or any U.S. state or territory that is a felony, misdemeanor with an essential element of dishonesty, or crime that is related to the practice of the profession, comply with all the terms of the sentence, probation, conditional discharge, etc.;
f) If in violation of any court order regarding payment of child support or noncompliance with certain processes relating to paternity or support proceedings, comply with the court order or the certain processes and cease and desist from further or future violations of the court order;
g) If practicing or attempting to practice under a name other than the full name shown on the license, registration or recovery permit or any other legally authorized name, cease and desist from further or future such practices and comply with all the applicable laws and regulations;
h) If soliciting professional services by using false or misleading advertising, cease and desist from further or future false or misleading advertising and comply with all the applicable laws and regulations;
i) The Commission may, in addition, impose other reasonable conditions relating to the nature of the offense or the rehabilitation of the license, registration or recovery permit holder.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.520** Termination of Probation {#sec-1480.520 omnilex-key=us-il-regs-official--title-92--1480.520}
a) The Commission may terminate probation upon violation of a condition of probation or if warranted by the conduct of the license, registration or permit holder. The Commission shall conduct a hearing of the alleged violation or conduct and shall notify the license, registration or permit holder of the date, time and place of termination of the probation hearing.
b) The Commission may, after termination of probation, refuse to issue or renew or may revoke any license, registration or recovery permit or may suspend, fine or take any disciplinary action that the Commission may deem proper.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.530** Administrative Citations {#sec-1480.530 omnilex-key=us-il-regs-official--title-92--1480.530}
a) Violations of the Act and this Part shall be enforceable by administrative citations under this Subpart or as otherwise provided by in the Act or this Part.
b) Upon issuance of an administrative citation for a violation of the Act or this Part, Commission staff shall serve, on the date of the violation or anytime thereafter, the administrative citation upon the person or entity or the person's or entity's authorized agent for service of process and shall include, at minimum, the following information:
1) Contact information of the alleged violator;
2) Location, time and date of the offense cited;
3) Statement specifying the provision of which the person was in violation;
4) Monetary penalty;
5) Signature of the Enforcement Officer or Investigator issuing the citation; and
6) Instructions for settling the citation or appearing at hearing.
c) Any person served with an administrative citation shall have 30 days from the date of service of the administrative citation to settle the matter for the minimum monetary penalty indicated for the offense cited on the administrative citation.
d) If a person served an administrative citation does not settle within 30 days from the service date of the administrative citation, the administrative citation shall constitute a complaint for civil penalties and this matter shall be set for a formal oral hearing before an Administrative Law Judge at a date, time and location to be specified by the Commission.
e) Respondent's failure to appear at the hearing set for the alleged violations at issue, shall constitute a waiver of respondent's right to appear to contest the alleged violations. The Administrative Law Judge shall rule on the alleged violations without further process.
f) Any party of record to the administrative citation hearing seeking appeal of the Administrative Law Judge's ruling shall file a motion to reopen and reconsider.
1) The motion must be filed via United States mail at the following address:
Illinois Commerce Commission
Processing Department
527 East Capitol Avenue
Springfield, Illinois 62701
2) The motion must set forth:
A) Specific grounds and reasons for the motion;
B) Specific issues for which the motion is sought;
C) Brief statement of proposed additional evidence, if any, and an explanation why the evidence was not previously adduced; and
D) Relief sought.
3) A motion alleging new facts shall be verified.
4) The Administrative Law Judge shall grant or deny the motion, in whole or in part. If Administrative Law Judge grants the motion in whole or in part, the matter shall be set for hearing at a time and date specified by the Commission.
g) A motion for rehearing pursuant to Section 160 of the Act, which shall constitute a final remedy in administrative citation matters before the Commission, shall be filed by any party of record to an administrative citation hearing seeking appeal of the Administrative Law Judge's ruling on a motion to reopen and reconsider or the Administrative Law Judge's ruling on a citation at a hearing held pursuant to subsection (f)(4).
1) The motion must set forth:
A) Specific grounds and reasons for the motion;
B) Specific issues for which rehearing is sought;
C) Brief statement of proposed additional evidence, if any, and an explanation why the evidence was not previously adduced; and
D) Relief sought.
2) A motion alleging new facts shall be verified.
3) The Commission shall grant or deny the motion, in whole or in part.
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
##### **92 Ill. Adm. Code 1480.540** Fees {#sec-1480.540 omnilex-key=us-il-regs-official--title-92--1480.540}
The following fees shall apply:
a)
Remote storage facility
1) Registration of remote storage facility
$300
2) Reinstatement of suspended or revoked registration of remote storage facility
$100
b)
Replacement of a license or permit
$25
c)
Revision of a license or permit
$25
d)
Insufficient funds
$25
e)
Recovery tickets
$15
f)
Application to transfer a repossession agency license
$900
g)
Application for a license
1) Class ''R'' (recovery agency)
$900
2) Class ''RR'' (branch office)
$450
3) Class ''MR'' (recovery agency manager)
$350
h)
Application for a recovery permit
1) Class ''E'' (employee)
$125
2) Class ''EE'' (recovery agent intern)
$125
i)
Application to renew a recovery permit
1) Class ''E'' (employee)
$125
2) Class ''EE'' (recovery agent intern)
$125
j)
Application to renew a license
1) Class ''R'' (recovery agency)
$900
2) Class ''RR'' (branch office)
$450
3) Class ''MR'' (recovery agency manager)
$350
k)
Application to reinstate a revoked recovery permit
1) Class ''E'' (employee)
$125
2) Class ''EE'' (recovery agent intern)
$125
l)
Application to reinstate a suspended recovery permit
1) Class "E" (employee)
$50
2) Class "EE" (recovery agent intern)
$50
m)
Application to reinstate a revoked license
1) Class ''R'' (recovery agency)
$900
2) Class ''RR'' (branch office)
$450
3) Class ''MR'' (recovery agency manager)
$350
n)
Application to reinstate a suspended license
1) Class ''R'' (recovery agency)
$200
2) Class ''RR'' (branch office)
$100
3) Class "MR" (recovery agency manager)
$75
o)
Application to restore an expired recovery permit
1) Class ''E'' (employee)
$50
2) Class ''EE'' (recovery agent intern)
$50
p)
Application to restore an expired license
1) Class ''R'' (recovery agency)
$200
2) Class ''RR'' (branch office)
$100
3) Class ''MR'' (recovery agency manager)
$75
q)
Application to resume active status of recovery permit
1) Class ''E'' (employee)
$125
2) Class ''EE'' (recovery agent intern)
$125
r)
Application to resume active status of a license
1) Class ''R'' (recovery agency)
$900
2) Class ''RR'' (branch office)
$450
3) Class ''MR'' (recovery agency manager)
$350
s)
Application for approval of recovery manager certification program
$400
t)
Application for approval of repossession agency employee certification program
$400
u)
Criminal history records check
the actual cost of conducting the records check incurred by the Commission
**History**
- *Source: Amended at 38 Ill. Reg. 5821, effective March 14, 2014*
### **Subchapter c** Rail Carriers
#### **Part 1500** Minimum Clearances Applicable to Tracks, Structures, Fixtures and Other Appurtenances of Railroads
##### **92 Ill. Adm. Code 1500.10** Scope {#sec-1500.10 omnilex-key=us-il-regs-official--title-92--1500.10}
a) This Part prescribes minimum track centers, and minimum horizontal and vertical clearances applicable to tracks, structures, fixtures, and other appurtenances of "railroads." The term "railroad' means track and associated structures, including bridges, tunnels, switches, spurs, terminals and other facilities, and equipment, including engines, freight cars, passenger cars, cabooses, and other equipment, used in the transportation of property or passengers by rail [625 ILCS 5/18c-1104(31)].
b) This Part applies to all new construction and to the reconstruction of "railroads" carried on after the date on which this Part becomes effective.
c) Nothing herein contained prohibits any "railroad" from constructing its tracks, bridges, buildings and other structures with clearances greater than required by this Part. Where conditions apparently make it impracticable to comply with this Part, a formal petition for permission to maintain reduced clearances shall be made to the Illinois Commerce Commission ("Commission").
d) Unless otherwise stated all horizontal distances are measured at right angles to the vertical plane passing through the centerline of the track.
e) Railroad-Highway Bridge Clearance refers to the vertical clearance between the top of rail of a track and the lowest point of the structural members that carry a highway bridge over a railroad track. For new and reconstructed highway bridges spanning railroad tracks, clearance requirements outlined in the American Railway Engineering and Maintenance of Way Association Manual for Railway Engineering (2004 Edition) ("AREMA Manual") shall be followed when determining vertical clearance.
**History**
- *Source: Amended at 29 Ill. Reg. 20360, effective December 15, 2005*
##### **92 Ill. Adm. Code 1500.15** Incorporations by Reference {#sec-1500.15 omnilex-key=us-il-regs-official--title-92--1500.15}
The following standards of private and professional organizations are referenced in this Part:
a) Manual for Railway Engineering, 2004 Edition, published by:
American Railway Engineering and Maintenance of Way Association
8201 Corporate Drive, Suite 1125
Landover MD 20785
(301)459-3200
b) National Electric Safety Code, 2002 Edition, published by:
Institute of Electric and Electronics Engineers
Corporate Office
3 Park Avenue, 17th Floor
New York NY 10016-5997
(217)419-7900
c) No incorporation by reference in this Part includes any later amendment or edition beyond the date stated.
**History**
- *Source: Added at 29 Ill. Reg. 20360, effective December 15, 2005*
##### **92 Ill. Adm. Code 1500.20** General Requirements {#sec-1500.20 omnilex-key=us-il-regs-official--title-92--1500.20}
a) Compensation for Curvature. The horizontal clearances prescribed in this Section are for tangent tracks. For curved tracks, clearance requirements outlined in the AREMA Manual shall be maintained.
b) Compensation for Superelevation. The vertical and horizontal clearances herein prescribed are for tracks where the tops of the rails are at the same level. Where one rail is elevated above the other, compensation shall be made so that clearance requirements outlined in the AREMA Manual shall be maintained, the vertical clearances being taken from the top of the higher rail and the horizontal clearances being measured from the closest point in a line passing through the center line of the track and perpendicular to the face of the ties in the track.
c) Warning Signs Required. At all overhead freight loading platforms, awnings, canopies, coal chutes, ore tipples, entrances to warehouses, shop buildings and similar structures, where the vertical clearance is less than 21½ feet, and at all high freight-loading platforms where the horizontal clearance is less than 8 feet, warning signs shall be erected as a caution to employees.
d) Location and Lettering of Warning Signs. Warning signs for use at places having reduced clearances shall be of suitable size and placed in conspicuous positions with black letters upon a white background. At the top of the sign shall be placed the word "WARNING" with the letters not less than 3 inches in height. All other letters upon the sign shall be not less than 1½ inches in height. Unless other words may more appropriately convey proper warning, remaining words on sign shall be "No clearance for a person on the side (or top) of car." The foregoing words will require a sign 15 inches by 20 inches in size.
e) Printed Rules. In all cases where clearances require warning signs as provided in subsection (c), a printed rule shall be issued by the railroad company prohibiting its employees from occupying the tops or sides (as the case may require) of cars while in motion.
**History**
- *Source: Amended at 29 Ill. Reg. 20360, effective December 15, 2005*
##### **92 Ill. Adm. Code 1500.110** Main Tracks {#sec-1500.110 omnilex-key=us-il-regs-official--title-92--1500.110}
The distance from the center line of any main track to the center line of an adjacent main track, both used exclusively for passenger service, shall be not less than thirteen (13) feet; while freight cars are handled on either or both tracks, the distance between the center lines of such tracks shall not be less than thirteen (13) feet six (6) inches.
##### **92 Ill. Adm. Code 1500.120** Tracks Adjacent to Main Tracks {#sec-1500.120 omnilex-key=us-il-regs-official--title-92--1500.120}
a) Except as to ladder tracks, the distance from the centerline of any main track to the centerline of any adjacent subsidiary track shall be not less than 15 feet.
b) The distance from the centerline of any main track to the centerline of any adjacent ladder track in which switches are operated mechanically shall be not less than 15 feet; in ladder tracks where switches are not operated mechanically, 17 feet.
**History**
- *Source: Amended at 29 Ill. Reg. 20360, effective December 15, 2005*
##### **92 Ill. Adm. Code 1500.130** Subsidiary Passenger Tracks {#sec-1500.130 omnilex-key=us-il-regs-official--title-92--1500.130}
a) Except as to ladder tracks the distance between the centerline of any two subsidiary passenger tracks shall be not less than 13 feet.
b) Any pair of subsidiary tracks used solely for passenger service may have centers less than 13 feet provided the centerline of any track, adjacent to either side of such pair of tracks is located not less than 13 feet from the side of the track.
**History**
- *Source: Amended at 29 Ill. Reg. 20360, effective December 15, 2005*
##### **92 Ill. Adm. Code 1500.140** Subsidiary Freight Tracks {#sec-1500.140 omnilex-key=us-il-regs-official--title-92--1500.140}
a) Except as to ladder tracks the distance between the centerlines of any two subsidiary freight tracks shall be not less than 13½ feet.
b) Team Tracks. Any two adjacent tracks, commonly known as a pair of team tracks, with a driveway on one side thereof, may have track centers less than 13½ feet. If a third track is constructed adjacent to such pair of tracks its track center must be not less than 13½ feet from the centerline of the nearest track.
c) Track System with High Platform Adjacent Thereto. Any system of three or more tracks at freight houses, warehouses, wharves, or similar structures, used exclusively for handling freight to or from high platforms located on one or both sides thereof may have its track centers less than 13½ feet, provided that at least two tracks in any such system shall have centers not less than this distance. Where such system is composed of two tracks only, their centerlines shall not be less than 13½ feet.
**History**
- *Source: Amended at 29 Ill. Reg. 20360, effective December 15, 2005*
##### **92 Ill. Adm. Code 1500.150** Ladder Tracks {#sec-1500.150 omnilex-key=us-il-regs-official--title-92--1500.150}
a) The distance from the center line of any subsidiary track to the centerline of any adjacent ladder track where the switches are operated mechanically, shall not be less than 15 feet; where the switches are not operated mechanically, not less than 17 feet.
b) The distance between the centerlines of two adjacent parallel ladder tracks where the switches in both are operated mechanically, shall be not less than 17 feet; where the switches in either or both are not operated mechanically, not less than 19 feet.
**History**
- *Source: Amended at 29 Ill. Reg. 20360, effective December 15, 2005*
##### **92 Ill. Adm. Code 1500.160** Bridges {#sec-1500.160 omnilex-key=us-il-regs-official--title-92--1500.160}
a) Railroad Bridges Supporting Main Tracks or Subsidiary Freight Tracks. The clearances of all railroad bridges supporting main tracks or subsidiary freight tracks shall be as follows: Beginning at a point in the centerline of track 21¼ feet above the top of rail; thence horizontally 4 feet 2 inches; thence downward at an angle to a point 15 feet above the top of rail and 8 feet laterally distant from the centerline of track; thence downward to a point 4 feet above the top of rail and 8 feet laterally distant from the centerline of track; thence downward on an angle to a point level with the base of rail and 5 feet laterally distant from the centerline of track.
b) Railroad Bridges Spanning Main Tracks or Subsidiary Freight Tracks. The clearances of all railroad bridges spanning main tracks or subsidiary freight tracks shall be as follows: Beginning at a point in the centerline of track 21½ feet above the top of rail the vertical clearance line shall extend thence horizontally each way to points 8 feet from the centerline of track, from which points the horizontal clearance lines shall extend vertically downward to points level with the base of rail.
c) Highway Bridges Spanning Railroad Tracks. A vertical clearance of not less than 23 feet above the top of rail shall be provided for all new and reconstructed highway bridges constructed over a railroad track. Beginning at a point in the centerline of track 23 feet above the top of rail the vertical clearance line shall extend thence horizontally each way to points 9 feet from the centerline of track, from which points the horizontal clearance lines shall extend vertically downward to points level with the base of rail. For purposes of this subsection, reconstruction includes pier and/or pier cap replacement, girder removal and/or replacement, and/or widening of existing piers, pier caps or decks. All other work shall be considered as rehabilitation, in which case the existing clearance or a minimum of 21½ feet vertical clearance (whichever is greater) must be attained.
d) The Commission may, by order, permit a lesser clearance if it determines that the 23 foot clearance standard cannot be justified based on engineering, operational, and economic conditions. A recommendation for a lesser clearance may be submitted to the Commission, followed by an evidentiary hearing of all the parties involved before an Administrative Law Judge.
**History**
- *Source: Amended at 29 Ill. Reg. 20360, effective December 15, 2005*
##### **92 Ill. Adm. Code 1500.170** Buildings and Miscellaneous Structures {#sec-1500.170 omnilex-key=us-il-regs-official--title-92--1500.170}
a) Structures Adjacent to Main Tracks. Except as otherwise specified the clearances between main tracks and buildings or other structures adjacent thereto shall be as follows: Beginning at a point in the centerline of track 21½ feet above the top of rail the vertical clearance line shall extend thence horizontally each way to points 8 feet from the centerline of track, from which points the horizontal clearance lines shall extend vertically downward to points level with the base of rail.
b) Structures Adjacent to Subsidiary Passenger Tracks. Except as otherwise specified, the clearances between subsidiary passenger tracks and buildings or other structures adjacent thereto shall be as follows:
1) Tracks outside of buildings: Beginning at a point in the centerline of track 21½ feet above top of rail, the vertical clearance line shall extend thence horizontally each way to points 7½ feet from the centerline of track, from which points the horizontal clearance lines shall extend vertically downward to points level with the base of the rail.
2) Tracks entering buildings: Beginning at a point in the centerline of track at such a height as will be most practicable for the height of cars handled on such tracks, the vertical clearance line shall extend thence horizontally each way to points 7 feet from the centerline of track from which points the horizontal clearance lines shall extend vertically downward to points level with the base of rail.
c) Structures Adjacent to Subsidiary Freight Tracks. Except as otherwise specified the clearances between subsidiary freight tracks and buildings or other structures adjacent thereto shall be as follows:
1) Tracks outside of buildings: Beginning at a point in the centerline of track 21½ feet above the top of rail the vertical clearance line shall extend thence horizontally each way to points 8 feet from the centerline of track, from which points the horizontal clearance lines shall extend vertically downward to points level with the base of rail.
2) Tracks entering buildings such as warehouses, freight houses, coal chutes, elevators and similar structures: Beginning at a point in the centerline of track at such a height as will be most practicable for cars handled on such tracks, the vertical clearance line shall extend thence horizontally each way to points 7 feet from the centerline of track, from which points the horizontal clearance lines shall extend vertically downward to points level with the base of rail.
d) Engine Houses. The clearances at the entrances of new engine houses when the engine house doors are open shall be as follows: Beginning at a point in the centerline of track at such a height as will be most practicable for the height of engines using the engine house, the vertical clearance line so established shall extend horizontally each way until it intersects the horizontal clearance lines established 6¾ feet laterally distant from the centerline of track, from which points the horizontal clearance lines shall extend vertically downward to points level with the base of rail.
e) Coal Tipples, Ore Tipples, Stone Crusher, etc. The clearances of all subsidiary tracks passing through or underneath coal tipples, ore tipples, stone crushers or similar overhead structures shall be as follows: Beginning at a point in the centerline of track at such height as will be most practicable for the height of equipment handled on such tracks, the vertical clearance line shall extend thence horizontally each way to points 8 feet from the centerline of track, from which points the horizontal clearance lines shall extend vertically downward to points level with the base of rail.
**History**
- *Source: Amended at 29 Ill. Reg. 20360, effective December 15, 2005*
##### **92 Ill. Adm. Code 1500.180** Awnings and Canopies {#sec-1500.180 omnilex-key=us-il-regs-official--title-92--1500.180}
a) Awnings and Canopies at Main Tracks. Awnings and canopies spanning main tracks or supported at the sides of main tracks shall have clearances as follows: Beginning at a point in the centerline of track 21½ feet above the top of rail; the vertical clearance line shall extend thence horizontally each way to points 8 feet from the centerline of track; from which points the horizontal clearance lines shall extend vertically downward to points level with the base of rail.
b) Awnings and Canopies at Subsidiary Passenger Tracks. Awnings and canopies spanning subsidiary passenger tracks or supported at the sides of such tracks shall have clearances as follows: Beginning at a point in the centerline of track at such a height above the top of rail as will be most practicable for the height of cars handled on such tracks, the vertical clearance line shall extend thence horizontally each way to points 7½ feet from the centerline of track, from which points the horizontal clearance line shall extend vertically downward to points level with the base of rail.
c) Awnings and Canopies at Subsidiary Freight Tracks.
1) Except as otherwise specified, awnings and canopies spanning subsidiary freight tracks or supported at the sides of such tracks shall have clearances as follows: Beginning at a point in the centerline of track 21½ feet above the top of rail; thence horizontally 4 feet to a point; thence diagonally to a point 15 feet above the top of rail and 8 feet laterally distant from the centerline of track; thence vertically downward to a point level with the base of rail.
2) Awnings and canopies at freight houses and freight loading platforms may be constructed with vertical clearances of not less than 15 feet provided the edges of such awnings or canopies do not extend closer than 5½ feet to the centerline of track.
**History**
- *Source: Amended at 29 Ill. Reg. 20360, effective December 15, 2005*
##### **92 Ill. Adm. Code 1500.190** Overhead Loading Platforms {#sec-1500.190 omnilex-key=us-il-regs-official--title-92--1500.190}
All tracks (except main, passing, ladder, or other open throughfare tracks) spanned by overhead platforms used for icing or other loading purposes, may have vertical clearances less than twenty-one (21) feet six (6) inches provided such platforms or structures are so constructed as to open upward or outward by means of counterweights or other devices and thus provide clearances required by Section 1500.170(b) and (c) at times when cars are being handled over the tracks served by such platforms.
##### **92 Ill. Adm. Code 1500.200** High Freight Platforms {#sec-1500.200 omnilex-key=us-il-regs-official--title-92--1500.200}
The distance from the centerlines of subsidiary tracks to the faces or edges of high platforms from which freight is handled to or from cars shall not exceed 6 feet 2 inches. The minimum horizontal clearance in the area above the floor of such platforms shall be 28 inches greater than the distance from the centerline of the subsidiary track to the face or edge of the platform. This Section shall not apply when the faces or edges of the platforms have horizontal clearances of 8 feet or more from the centerlines of the tracks.
**History**
- *Source: Amended at 29 Ill. Reg. 20360, effective December 15, 2005*
##### **92 Ill. Adm. Code 1500.210** High Passenger Platforms {#sec-1500.210 omnilex-key=us-il-regs-official--title-92--1500.210}
Platforms approximately level with passenger car floors may be constructed and maintained with faces less than 8 feet from the centerline of a subsidiary track used solely for passenger service, provided the coaches served by such platforms are equipped with platform gates which are kept closed while the train is in motion.
**History**
- *Source: Amended at 29 Ill. Reg. 20360, effective December 15, 2005*
##### **92 Ill. Adm. Code 1500.220** Low Passenger Platforms {#sec-1500.220 omnilex-key=us-il-regs-official--title-92--1500.220}
Passenger platforms not higher than 8 inches above the top of rail may be constructed and maintained with faces not less than 5 feet 1 inch from the centerline of an adjacent track. Passenger platforms less than 4 inches above the top of rail may be constructed and maintained with faces not less than 4½ feet from the centerline of an adjacent track.
**History**
- *Source: Amended at 29 Ill. Reg. 20360, effective December 15, 2005*
##### **92 Ill. Adm. Code 1500.230** Switch Stands {#sec-1500.230 omnilex-key=us-il-regs-official--title-92--1500.230}
a) Main Tracks. Main track switch stands exceeding 2 feet 10 inches in height and not exceeding 4 feet in height shall have horizontal clearances of not less than 8 feet from the centerline of an adjacent track to the nearest part of the switch stand above the base of rail; and not less than 8 feet 3 inches when the switch stand exceeds 4 feet in height.
b) Subsidiary Tracks. Subsidiary track switch stands exceeding 2 feet 10 inches in height and not exceeding 4 feet in height shall be not less than 7½ feet from the centerline of an adjacent track to the nearest part of the switch stand above the base of rail; and not less than 8 feet when the switch stand exceeds 4 feet in height.
**History**
- *Source: Amended at 29 Ill. Reg. 20360, effective December 15, 2005*
##### **92 Ill. Adm. Code 1500.240** Low Switch Stand Dwarf Signals, Signal Apparatus, Etc. {#sec-1500.240 omnilex-key=us-il-regs-official--title-92--1500.240}
Switch stands not exceeding two (2) feet ten (10) inches in height, dwarf interlocking signals not exceeding two (2) feet eight (8) inches in height, interlocking switch machines, pipe lines and other signaling apparatus, the third rail and its supports for the electric operation of trains, and guard rails of all kinds may be installed and maintained between or adjacent to tracks regardless of the clearance line hereinbefore specified.
##### **92 Ill. Adm. Code 1500.250** Pen Stocks and Water Tanks (repealed) {#sec-1500.250 omnilex-key=us-il-regs-official--title-92--1500.250}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.260** Semaphore Signals {#sec-1500.260 omnilex-key=us-il-regs-official--title-92--1500.260}
The distance from the nearest part above the top of rail of a semaphore signal post, other than a dwarf signal, to the centerline of an adjacent main track, shall be not less than 8½ feet. For subsidiary tracks, this distance shall be not less than 8 feet.
**History**
- *Source: Amended at 29 Ill. Reg. 20360, effective December 15, 2005*
##### **92 Ill. Adm. Code 1500.270** Poles, Posts and Signs {#sec-1500.270 omnilex-key=us-il-regs-official--title-92--1500.270}
The face of all telegraph, telephone, or other poles, whistle posts, mile posts, posts for signal bridges, whipcords, crossing gates, highway crossing bells, and all other signs, signals or devices not otherwise provided for in this Part, shall be not less than 9 feet from the centerline of adjacent tracks. No part of any sign or appurtenance attached to such poles or posts shall be less than 8 feet from the centerline of an adjacent track, between the top of rail and a point 15 feet above.
**History**
- *Source: Amended at 29 Ill. Reg. 20360, effective December 15, 2005*
##### **92 Ill. Adm. Code 1500.280** Fences {#sec-1500.280 omnilex-key=us-il-regs-official--title-92--1500.280}
To prevent persons from crossing railroad tracks at unauthorized places in the immediate vicinity of passenger stations, fences not more than four (4) feet six (6) inches above the top of rail may be maintained between tracks.
##### **92 Ill. Adm. Code 1500.290** Mail Cranes (repealed) {#sec-1500.290 omnilex-key=us-il-regs-official--title-92--1500.290}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.300** Building Materials or Supplies {#sec-1500.300 omnilex-key=us-il-regs-official--title-92--1500.300}
No building materials or supplies of any kind except ballast or ties intended for immediate use shall be piled nearer to any main track or passing track than 9 feet from the centerline thereof; or nearer to any other track than 8½ feet from the centerline thereof.
**History**
- *Source: Amended at 29 Ill. Reg. 20360, effective December 15, 2005*
##### **92 Ill. Adm. Code 1500.310** Overhead Wire Crossings {#sec-1500.310 omnilex-key=us-il-regs-official--title-92--1500.310}
The vertical clearances of all electric or other wires crossing over railroad tracks shall conform to the requirements of 83 Ill. Adm. Code 305 of this Commission and amendments thereto as may be in force and adopted by this Commission. The requirements of 83 Ill. Adm. Code 305 that address vertical clearances of all electric or other wires crossing over railroad tracks are outlined in the following portions of the National Electric Safety Code (2002 Edition) published by the Institute of Electrical and Electronics Engineers:
a) Section 2 (Definitions of Special Terms);
b) Part 2 (Sections 20-27: Safety Rules for the Installation and Maintenance of Overhead Electric Supply and Communication Lines).
**History**
- *Source: Amended at 29 Ill. Reg. 20360, effective December 15, 2005*
##### **92 Ill. Adm. Code 1500.410** Main Tracks (repealed) {#sec-1500.410 omnilex-key=us-il-regs-official--title-92--1500.410}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.420** Tracks Adjacent to Main Tracks (repealed) {#sec-1500.420 omnilex-key=us-il-regs-official--title-92--1500.420}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.430** Subsidiary Passenger Tracks (repealed) {#sec-1500.430 omnilex-key=us-il-regs-official--title-92--1500.430}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.440** Subsidiary Freight Tracks (repealed) {#sec-1500.440 omnilex-key=us-il-regs-official--title-92--1500.440}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.450** Ladder Tracks (repealed) {#sec-1500.450 omnilex-key=us-il-regs-official--title-92--1500.450}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.460** Bridges (repealed) {#sec-1500.460 omnilex-key=us-il-regs-official--title-92--1500.460}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.470** Buildings and Miscellaneous Structures (repealed) {#sec-1500.470 omnilex-key=us-il-regs-official--title-92--1500.470}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.480** Awnings and Canopies (repealed) {#sec-1500.480 omnilex-key=us-il-regs-official--title-92--1500.480}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.490** Overhead Loading Platforms (repealed) {#sec-1500.490 omnilex-key=us-il-regs-official--title-92--1500.490}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.500** High Freight Platforms (repealed) {#sec-1500.500 omnilex-key=us-il-regs-official--title-92--1500.500}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.510** High Passenger Platforms (repealed) {#sec-1500.510 omnilex-key=us-il-regs-official--title-92--1500.510}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.520** Low Passenger Platforms (repealed) {#sec-1500.520 omnilex-key=us-il-regs-official--title-92--1500.520}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.530** Switch Stands (repealed) {#sec-1500.530 omnilex-key=us-il-regs-official--title-92--1500.530}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.540** Low Switch Stands, Dwarf Signals, Signal Apparatus, Etc. (repealed) {#sec-1500.540 omnilex-key=us-il-regs-official--title-92--1500.540}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.550** Pen Stocks and Water Tanks (repealed) {#sec-1500.550 omnilex-key=us-il-regs-official--title-92--1500.550}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.560** Semaphore Signals (repealed) {#sec-1500.560 omnilex-key=us-il-regs-official--title-92--1500.560}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.570** Poles, Posts and Signs (repealed) {#sec-1500.570 omnilex-key=us-il-regs-official--title-92--1500.570}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.580** Fences (repealed) {#sec-1500.580 omnilex-key=us-il-regs-official--title-92--1500.580}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.590** Mail Cranes (repealed) {#sec-1500.590 omnilex-key=us-il-regs-official--title-92--1500.590}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.600** Building Materials or Supplies (repealed) {#sec-1500.600 omnilex-key=us-il-regs-official--title-92--1500.600}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.610** Overhead Wire Crossings (repealed) {#sec-1500.610 omnilex-key=us-il-regs-official--title-92--1500.610}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.700** General (repealed) {#sec-1500.700 omnilex-key=us-il-regs-official--title-92--1500.700}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.710** Track Centers (repealed) {#sec-1500.710 omnilex-key=us-il-regs-official--title-92--1500.710}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.720** Bridges (repealed) {#sec-1500.720 omnilex-key=us-il-regs-official--title-92--1500.720}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.730** Buildings and Miscellaneous Structures (repealed) {#sec-1500.730 omnilex-key=us-il-regs-official--title-92--1500.730}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.740** Poles (repealed) {#sec-1500.740 omnilex-key=us-il-regs-official--title-92--1500.740}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.750** Switch Stands, Signal Apparatus, Etc. (repealed) {#sec-1500.750 omnilex-key=us-il-regs-official--title-92--1500.750}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.760** Building Materials and Supplies (repealed) {#sec-1500.760 omnilex-key=us-il-regs-official--title-92--1500.760}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.770** Overhead Wire Crossings (repealed) {#sec-1500.770 omnilex-key=us-il-regs-official--title-92--1500.770}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.810** Authorization to Construct and Operate {#sec-1500.810 omnilex-key=us-il-regs-official--title-92--1500.810}
a) When Permission for Construction is Not Necessary. Except such as may be required by law or by any order of this Commission, permission will not be necessary for any railroad to construct any tracks or other appurtenances or to operate on such tracks provided the track centers and clearances alongside such tracks or other appurtenances conform to this Part.
b) When Permission for Construction is Necessary. Application shall be made to this Commission for permission to construct and maintain such tracks or other appurtenances, or to operate on such tracks, where track centers and clearances will not or do not conform to this Part. The application for such permission shall be submitted by the railroad company involved, or jointly by the railroad company and the owner of the property when the track or appurtenances are upon private property. Each application must be accompanied by a plan showing the location of the proposed track or other appurtenance and the clearances that it is desired to maintain.
c) The Commission shall consider the following in determining whether a variation shall be permitted:
1) The impact, if any, on the safety of railroad employees;
2) The expense to the carrier or others, if the variation is not granted; and
3) Experience with similar variations at other locations. Similar variations would be situations involving like reduced clearances and like railroad operations. Lack of any problems would indicate acceptable experience.
**History**
- *Source: Amended at 29 Ill. Reg. 20360, effective December 15, 2005*
##### **92 Ill. Adm. Code 1500.820** Form of Application (repealed) {#sec-1500.820 omnilex-key=us-il-regs-official--title-92--1500.820}
**History**
- *Source: Repealed at 29 Ill. Reg. 20360, effective December 15, 2005*
##### **92 Ill. Adm. Code 1500.830** Approval of Application (repealed) {#sec-1500.830 omnilex-key=us-il-regs-official--title-92--1500.830}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
##### **92 Ill. Adm. Code 1500.840** Hearings (repealed) {#sec-1500.840 omnilex-key=us-il-regs-official--title-92--1500.840}
**History**
- *Source: Repealed at 11 Ill. Reg. 16489, effective October 1, 1987*
#### **Part 1501** Registration of Rail Carriers
##### **92 Ill. Adm. Code 1501.10** Registration Procedure {#sec-1501.10 omnilex-key=us-il-regs-official--title-92--1501.10}
a) A rail carrier shall register with the Illinois Commerce Commission ("Commission") by filing a letter, signed by an owner, partner, or officer of the rail carrier, containing the information set forth as follows:
1) The full, legal name of the rail carrier;
2) The mailing address, telephone number and facsimile number of the rail carrier;
3) The name of the rail carrier's chief executive officer;
4) The name, address and facsimile number in Illinois of the rail carrier's agent for service of process.
b) A rail carrier must notify the Commission of any change in the information listed in subsection (a) within 15 days after the change.
**History**
- *Source: Amended at 29 Ill. Reg. 19174, effective December 1, 2005*
##### **92 Ill. Adm. Code 1501.20** Contents of Registration (repealed) {#sec-1501.20 omnilex-key=us-il-regs-official--title-92--1501.20}
**History**
- *Source: Repealed at 29 Ill. Reg. 19174, effective December 1, 2005*
##### **92 Ill. Adm. Code 1501.30** Notice of Change (repealed) {#sec-1501.30 omnilex-key=us-il-regs-official--title-92--1501.30}
**History**
- *Source: Repealed at 29 Ill. Reg. 19174, effective December 1, 2005*
#### **Part 1515** Report of Railroad Accidents/Incidents
##### **92 Ill. Adm. Code 1515.10** Reports {#sec-1515.10 omnilex-key=us-il-regs-official--title-92--1515.10}
a) The Illinois Commerce Commission adopts 49 CFR 225 and 234, as of October 1, 2003, as its regulation governing reporting of railroad accidents and incidents as defined in Sections 225.5 and 234.5.
b) Copies of written reports submitted to the Federal Railroad Administration shall be concurrently submitted to the Illinois Commerce Commission Transportation Division, Railroad Section.
c) Telephonic reports submitted to the Federal Railroad Administration shall also be submitted to the Illinois Emergency Management Agency (IEMA) by calling (217)782-7860 day or night.
**History**
- *Source: Amended at 29 Ill. Reg. 19178, effective December 1, 2005*
##### **92 Ill. Adm. Code 1515.20** Information Required by the Illinois Commerce Commission (repealed) {#sec-1515.20 omnilex-key=us-il-regs-official--title-92--1515.20}
**History**
- *Source: Repealed at 11 Ill. Reg. 15885, effective October 1, 1987*
##### **92 Ill. Adm. Code 1515.30** Telephonic Reports (repealed) {#sec-1515.30 omnilex-key=us-il-regs-official--title-92--1515.30}
**History**
- *Source: Repealed at 29 Ill. Reg. 19178, effective December 1, 2005*
##### **92 Ill. Adm. Code 1515.40** Adoption of Rules (repealed) {#sec-1515.40 omnilex-key=us-il-regs-official--title-92--1515.40}
**History**
- *Source: Repealed at 11 Ill. Reg. 15885, effective October 1, 1987*
##### **92 Ill. Adm. Code 1515.50** Submission of Monthly Reports (repealed) {#sec-1515.50 omnilex-key=us-il-regs-official--title-92--1515.50}
**History**
- *Source: Repealed at 11 Ill. Reg. 15885, effective October 1, 1987*
##### **92 Ill. Adm. Code 1515.60** Immediate Reports (repealed) {#sec-1515.60 omnilex-key=us-il-regs-official--title-92--1515.60}
**History**
- *Source: Repealed at 11 Ill. Reg. 15885, effective October 1, 1987*
##### **92 Ill. Adm. Code 1515.70** Penalties for Noncompliance {#sec-1515.70 omnilex-key=us-il-regs-official--title-92--1515.70}
Failure to submit reports as required by this Part shall result in violations and sanctions as prescribed in 625 ILCS 5/18c-1701 and 1704.
**History**
- *Source: Added at 29 Ill. Reg. 19178, effective December 1, 2005*
#### **Part 1535** Crossings of Rail Carriers and Highways
##### **92 Ill. Adm. Code 1535.5** Incorporations by Reference {#sec-1535.5 omnilex-key=us-il-regs-official--title-92--1535.5}
The following standards of private and professional organizations are referenced in this Part:
a) Manual for Railway Engineering, 2004 Edition, published by:
American Railway Engineering and Maintenance of Way Association
8201 Corporate Drive, Suite 1125
Landover MD 20785
(301) 459-3200
b) Manual on Uniform Traffic Control Devices, 2003 Edition, published by:
United States Department of Transportation
Federal Highway Administration
400 Seventh Street, SW
HOTO
Washington, D.C. 20590
(202) 366-0537
c) No incorporation by reference in this Part includes any later amendment or edition beyond the date stated.
**History**
- *Source: Added at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.10** General Order {#sec-1535.10 omnilex-key=us-il-regs-official--title-92--1535.10}
This Part is a complete revision of the requirements of the Commission with reference to crossings of railroads with public streets and highways in this state, insofar as those requirements are of a general nature and capable of being incorporated in a part. This order supersedes and rescinds General Order 176. This order also supersedes and rescinds General Order 121 to the extent, but only to the extent, that said general order applies to railroads.
##### **92 Ill. Adm. Code 1535.20** Part Not Retroactive {#sec-1535.20 omnilex-key=us-il-regs-official--title-92--1535.20}
This Part shall not be retroactive in the sense of declaring or implying that crossings already lawfully constructed, or installations of crossing warning devices now lawfully in place, are to be considered in violation of this Part where such crossings or installations do not comply with this Part. All lawfully existing crossings, and installations of crossing warning devices are hereby approved, subject however to the right of the Commission by appropriate proceedings, to require changes or improvements at any particular crossing or crossings at any time.
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.30** Requirements for Maintenance of Grade Crossings {#sec-1535.30 omnilex-key=us-il-regs-official--title-92--1535.30}
The requirements with reference to maintenance of grade crossings as set forth in Section 1535.205 through 1535.210, inclusive, apply both to crossings now in existence and those which may hereafter be established.
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.40** Requirements for Marking and Warning Devices at Grade Crossings {#sec-1535.40 omnilex-key=us-il-regs-official--title-92--1535.40}
The requirements with respect to the marking and warning devices at grade crossings as set forth in Sections 1535.300 to 1535.365 inclusive, apply, in general, to the installations of signs, signals, illumination, and gates made after the date of service of this Part. Certain of these Sections, however, have application to crossings now in existence and where signs, signals, and gates may now be maintained, and in such cases, the application is specifically stated in the Section.
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.50** Requirements for Establishment and Construction of Grade Crossings {#sec-1535.50 omnilex-key=us-il-regs-official--title-92--1535.50}
The requirements with reference to establishment and construction of grade crossings as set forth in Sections 1535.201 to 1535.204 inclusive, apply to crossings hereafter to be constructed.
##### **92 Ill. Adm. Code 1535.60** Permission to Install Other Equipment or Devices {#sec-1535.60 omnilex-key=us-il-regs-official--title-92--1535.60}
The Commission reserves the right to permit, or after appropriate proceedings, to require the installation of other and different construction, equipment, and devices than those provided by this Part. Exceptions to the application of any of the rules of this Part may be made whenever good cause shows, for experimental or developmental purposes or otherwise, such action appears desirable and reasonable.
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.100** Definitions {#sec-1535.100 omnilex-key=us-il-regs-official--title-92--1535.100}
"Advance warning sign" means a fixed sign, located at a distance from a grade crossing and intended to warn drivers of vehicles of the presence of the crossing before the vehicle reaches the crossing.
"AREMA" means American Railway Engineering and Maintenance of Way Association (2004 Edition).
"Automatic gates" means gates which are designed to move into the obstructing position automatically upon the approach of a train or trains, and to move into the clear position when the train or trains have cleared the crossing and are generally used in conjunction with "flashing light signals" as defined in this Section.
"City" means all incorporated cities, villages and towns.
"Clearance signs" means the signs posted at a subway to indicate the maximum height of vehicles that may safely pass beneath the grade separation structure.
"Crossbuck sign" means a sign consisting essentially of two boards or blades, crossing each other in the general form of the letter X, and designed to be mounted upon a post or upon the mast of an automatic signal. The word "RAILROAD" is inscribed upon the board or blade extending from the upper left to the lower right portion of the sign as viewed by a person facing the crossing, and the word "CROSSING" is inscribed upon the board or blade extending from the lower left to the upper right portion of the sign.
"Crossing" means any place where a public street or highway and a railroad cross either at grade or by separation of grades. It may also apply to locations where a railroad running longitudinally in a street is crossed by a roadway or sidewalk.
"Crossing proper" means that portion of the grade crossing over the crosstie area.
"Crosstie" means a transverse beam that connects and supports the rails of a railroad.
"Department" means the Illinois Department of Transportation.
"Flashing light signal" means a signaling device consisting essentially of two red lamps mounted horizontally about 2 feet 6 inches between centers and which flash alternately to indicate the approach of a train. Such signals usually are designed to operate automatically upon the approach of a train but sometimes are so arranged as to start and cease operation by a manual controlling device.
"Gates" means a barrier that employs arms so arranged as to be moved into a position wholly or partly to obstruct a street. "Gates" provide a definite obstruction to street traffic but are not designed positively to stop moving vehicles.
"Grade crossing" means any crossing where the street or highway and the railroad are at the same elevation.
"Hazard marker" means a fixed sign consisting of a vertical rectangle, size 1 foot by 3 feet having alternating black and reflectorized yellow or white stripes 3 inches in width sloping down at an angle of 45 degrees toward the side of the obstruction on which traffic is to pass, or should conditions dictate other type of marker, one of those described in the current edition of Illinois Manual of Uniform Traffic Control Devices.
"Highway" means the same as "street".
"Law" means the Illinois Commercial Transportation Law [625 ILCS 5/18c].
"MUTCD" means the federal Manual on Uniform Traffic Control Devices (2003 Edition).
"Rail carrier" means the same as the definition in Section 18c-1104 of the Law[625 ILCS 5/18c-1104].
"Railroad" means the same as the definition in Section 18c-1104 of the Law .
"Railroad train" means any locomotive with or without cars coupled to it, operating upon a railroad. This term, however, is not applied to handcars, speeders, motor cars, hi-rail cars or self-propelled work equipment operated for maintenance or other railroad purposes and not used for the transportation of persons or property for hire.
"Reflector button" means a unit consisting essentially of a glass lens and a reflecting mirror or a plastic lens so designed as to reflect the rays of light from headlights of vehicles. The reflecting mirror may be a separate mirror or consist of reflecting material deposited directly upon the surface of the lens.
"Reflector type" or "reflectorized," when applied to any sign, means that either the letters or some outstanding feature of the sign is marked by reflector buttons, or by other suitable reflecting devices or materials, in such manner as to be illuminated and made visible by headlights of vehicles.
"Roadway" means that portion of a street or highway improved, designed, or ordinarily used for vehicular travel.
"Shoulder" means that portion of a highway between the edge of the pavement and the curb line where there is a sidewalk, or, where there is no sidewalk, between the edge of the pavement and the outer edge of the surface graded for possible vehicular use.
"Sidewalk" means that portion of a street, between the curb lines or the lateral lines of a roadway and the adjacent property lines, intended for the use of pedestrians.
"Street" means the entire width between property lines of every way or place of whatever nature when any part is open to the use of the public as a matter of right for purposes of vehicular traffic.
"Subway" means a crossing where the street or highway passes underneath the railroad.
"Temporary STOP Sign" means the installation of temporary STOP signs whenever the Commission authorizes the installation of automatic flashing light signals or automatic flashing light signals and gates at public highway-rail grade crossings, pursuant to Section 18c-7401(3) of the Law.
"Viaduct" means a crossing where the street or highway passes above the railroad.
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.201** Application for Permission to Extend a Street or Highway {#sec-1535.201 omnilex-key=us-il-regs-official--title-92--1535.201}
Where application is made to this Commission for permission to extend a street or highway at grade across a railroad track or to extend a railroad track across a street or highway at grade as contemplated in Section 18c-7401 of the Law the petitioner shall be the interested rail carrier or a public body having jurisdiction over the highway involved.
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.202** General Plan or Plat {#sec-1535.202 omnilex-key=us-il-regs-official--title-92--1535.202}
A petition for permission and authorization under Section 1535.201 should be accompanied by a general plan or plat showing with reasonable certainty the nature, location and construction of the proposed crossing.
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.203** Construction and Maintenance of Grade Crossing {#sec-1535.203 omnilex-key=us-il-regs-official--title-92--1535.203}
Every grade crossing shall be constructed and maintained in such manner that it will not interfere with the reasonably safe use of the roadway when traveled in the usual and ordinary manner. The surface of the roadway shall reasonably conform to the elevation of the rails for the entire area between rails and between tracks (where track centers are 15 feet or less) and for a distance of 24 inches beyond the outside of the outer rails of the outer tracks. In situations where super-elevation of rails through the crossing makes a reasonably smooth continuous surface impractical, the surface of the roadway in the crossing area shall be made as smooth as practicable, consistent with the safe operation of trains on the railroad tracks in accordance with Section 18c-7401(2) of the Law. Any crossing hereafter constructed or reconstructed shall conform to the width of the roadway and shall include a reasonable width of usable shoulder, but in no case shall the width be less than 16 feet measured at right angles to the center line of the highway unless the Commission specifically authorizes a lesser width. At crossings where there are sidewalks, either the crossing proper shall include the sidewalk areas or separate sidewalk crossings of a width consistent with that of the sidewalk approaches shall be provided conforming with provisions of this Section as to surface.
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.204** Grade Line of Highway Approaches {#sec-1535.204 omnilex-key=us-il-regs-official--title-92--1535.204}
a) Unless the Commission otherwise specifically orders, the grade line of highway approaches to grade crossings hereafter established or substantially reconstructed shall be as follows: From the outer rail of the outermost track coincident with a tangent to the tops of the rails for about 24 inches, thence for a distance of 25 feet ascending or descending at a grade which shall not deviate more than 1% from said tangent, thence to the right-of-way line (and as far beyond as the Commission's control may extend in any case) at a grade not to exceed 5%. Where super-elevated track or tracks make strict compliance with this Section impractical the grade of approaches shall be constructed so as to provide the best vertical alignment under the circumstances with due regard to surface regularity.
b) The width, transverse contour, type of surface or pavement, and other characteristics of each such approach to a grade crossing shall be suitable for the highway and shall in every case conform to the requirements of good practice.
##### **92 Ill. Adm. Code 1535.205** Right-of-Way to Be Kept Clear {#sec-1535.205 omnilex-key=us-il-regs-official--title-92--1535.205}
Every railroad shall keep its right-of-way adjacent to its tracks reasonably clear of brush, shrubbery, trees, weeds, crops and all unnecessary permanent obstructions such as unauthorized signs and billboards for a distance of at least five hundred feet each way from every grade crossing where such things would materially obscure the view of approaching trains to travelers on the highway.
##### **92 Ill. Adm. Code 1535.206** Crossings and Approaches {#sec-1535.206 omnilex-key=us-il-regs-official--title-92--1535.206}
At every grade crossing where the duty of constructing or maintaining either the crossing proper or its approaches (or any part thereof) is by order of the Commission or by any lawful manner placed upon a rail carrier, it shall be the duty of the rail carrier to construct and maintain the crossing and approaches extending 24 inches outward from the outer rail of each track so that at all times they will be reasonably safe as to persons and property. In multiple track crossings where track centers are 15 feet or less, the areas between tracks shall be maintained by the rail carrier, unless the rail carrier and the highway authority(s) agree otherwise.
**History**
- *Source: Amended at 11 Ill. Reg. 19027, effective November 15, 1987*
##### **92 Ill. Adm. Code 1535.207** Adjustment of Crossings and Approaches {#sec-1535.207 omnilex-key=us-il-regs-official--title-92--1535.207}
a) Where tracks are raised through a highway crossing at the rail carrier's instance and the approach grades to the crossing conformed to the requirements of Section 1535.204 prior to the track raise, the rail carrier shall resurface or arrange for the resurfacing of the highway approaches to meet the elevation of the raised crossing surface, so that the change in grade does not exceed 1% greater than the pre-existing grade on primary highways with a maximum authorized speed in excess of 30 miles per hour, or 2% greater than the pre-existing grade on all other highways with a maximum authorized speed of 30 miles per hour or less. Where more than one track crosses a highway with 15 feet or less between the centerline of one track and the centerline of an adjacent track, the rail carrier shall adjust all tracks so that they conform with the requirements of Section 1535.203.
b) Where tracks are raised through a highway crossing at the rail carrier's instance, and the approach grades to the crossing did not conform to the requirements of Section 1535.204 prior to the track raise, and the track raise increases the grades by more than 1%, it shall be the responsibility of the rail carrier to resurface, or to arrange for the resurfacing of, the highway approaches within a distance of 25 feet from the centerline of the outermost track, to minimize the change in grade to the extent practicable within the 25 feet.
c) It shall be the responsibility of the highway authority to make arrangements with the respective rail carriers for the necessary track, crossing warning signs and signals, and/or crossing surface adjustments where vertical and/or horizontal adjustments are made to the approaches of a grade crossing at the highway authority's instance (whether by reconstruction, resurfacing, or widening). The rail carrier shall, at the sole cost and expense of the highway authority, adjust the track, crossing warning signs and signals, and/or crossing surfaces to conform to Sections 1535.203, 1535.300(b), 1535.335, and 1535.360(a), as applicable, and the highway authority shall, at its own expense, perform all necessary approach work to comply with Section 1535.204.
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.208** Maintenance, Operation and Renewal of Signs, Signals, and Other Warning Devices {#sec-1535.208 omnilex-key=us-il-regs-official--title-92--1535.208}
Unless the Commission directs otherwise, it shall be the duty of every rail carrier to maintain, operate and renew all signs (except advance warning signs, clearance signs, stop signs, and hazard markers), as well as signals and other warning devices of any kind installed at crossings on its line of railroad. Said signs, signals and other warning devices shall be kept reasonably clean and free from such deposits of material which would affect their efficiency and shall be inspected at least once each year.
**History**
- *Source: Amended at 11 Ill. Reg. 19027, effective November 15, 1987*
##### **92 Ill. Adm. Code 1535.209** Poles, Structures or Other Objects in Right-of-Way {#sec-1535.209 omnilex-key=us-il-regs-official--title-92--1535.209}
To the extent that it legally has power, every railroad company shall prohibit or prevent the placing upon its right-of-way of any pole, structure or object in a position to cause an obstruction to view of any signal or sign, or within a rectangular area 14 feet wide, being 7 feet on either side of such signal or sign measured at right angles to the highway, and 30 feet long, being 15 feet to the front and to the rear of such signal or sign, measured longitudinally to the highway. Exceptions may be granted by the Commission where local conditions are such that the application of this Section as to specific measurements would be unreasonable, and this Section shall not be deemed to forbid the maintenance of poles and structures now lawfully in place.
##### **92 Ill. Adm. Code 1535.210** Erection and Maintenance of Other Signs {#sec-1535.210 omnilex-key=us-il-regs-official--title-92--1535.210}
No person shall erect or maintain at any grade crossing advertising signs, billboards, unauthorized warning, danger or stop signs, or signs of any kind except those authorized by law or by this Commission, or signs incident to railroad operation, and insofar as it has power, every railroad company shall keep its right-of-way at every such crossing clear of such billboards or unauthorized signs.
##### **92 Ill. Adm. Code 1535.211** Provisions of Law (repealed) {#sec-1535.211 omnilex-key=us-il-regs-official--title-92--1535.211}
**History**
- *Source: Repealed at 11 Ill. Reg. 19027, effective November 15, 1987*
##### **92 Ill. Adm. Code 1535.300** Crossbuck Signs {#sec-1535.300 omnilex-key=us-il-regs-official--title-92--1535.300}
a) Every rail carrier shall furnish, erect and maintain at every grade crossing on its line of railroad two crossbuck signs as set forth in MUTCD Section 8B.03 and MUTCD Figure 8B-1, except at crossings where flashing light signals or other warning devices incorporating a "crossbuck" as part of their design are maintained and except at crossings within the cities where train crews or watchmen provide warnings of all movements of cars or engines thereover. At such excepted crossings, crossbuck signs may be installed and maintained at the option of the rail carrier or may be required by specific order of the Commission.
b) Crossbuck signs shall be so located with reference to local conditions at each crossing as to provide proper visibility and in accordance with good practice. One crossbuck sign shall be placed on each side of the track or tracks preferably on the right hand side of the highway as viewed by a traveler approaching the crossing. An additional crossbuck sign shall be installed in accordance with MUTCD Section 8B.03 on the left side of the roadway where there is restricted sight distance or unfavorable roadway geometry. The distance from the crossbuck sign to the nearest track should be not less than 12 feet from the centerline of track, measured perpendicular to the track, as set forth in MUTCD Section 8B.03. This distance is to the center of the mast. The distance from the crossbuck sign to the edge of the shoulder should not be less than 6 feet or less than 12 feet from the crossbuck sign to the edge of the traveled way (whichever is greater). Where there are curbs, the distance from the crossbuck sign to the face of curb should not be less than 2 feet. These distances are as set forth in MUTCD Section 8B.03 and are measured from the nearest edge of the crossbuck sign. No crossbuck sign shall be permitted to be obscured materially by trees or other obstructions located on the right of way of the rail carrier.
c) The crossbuck signs referred to in Section 1535.300(a) shall be the 4 foot reflectorized blade type, as set forth in MUTCD Section 8B.03, each to be equipped with reflecting material to give an indication at night in both directions along the highway except that where, for any reason, the rear indication cannot be seen on any highway approaching the crossing, such rear indication will not be required. The back of each blade shall have one or more strips of retroreflective white material, the combined width of which shall not be less than 2 inches for its full visible length. The rear indication may also be obtained by placing two one way signs back to back. A strip of retroreflective white material, not less than 2 inches in width, shall be used on each crossbuck support for the full length of the front and back of the support from the crossbuck sign or "Number of Tracks" sign to within 2 feet above the edge of the roadway, except on the side of those supports where a STOP or YIELD sign or flashing lights have been installed or on the back side of supports for crossbuck signs installed on one-way streets. On or before January 17, 2011, the crossbucks at every highway-rail grade crossing in the State of Illinois shall be equipped with retroreflective white material in the manner set forth in this subsection and all crossbuck signs placed thereafter shall be equipped with retroreflective white material in the manner set forth in this Section. The height of the crossbuck above the surface of the pavement or roadway may be varied to suit local conditions, but ordinarily shall be such as will provide a clearance of approximately 7½ feet beneath the crossbuck.
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.310** Advance Warning Signs and Pavement Markings {#sec-1535.310 omnilex-key=us-il-regs-official--title-92--1535.310}
a) Railroad Advance Warning Signs
1) The railroad advance warning sign as set forth in MUTCD Section 8B.04 and MUTCD Figure 8B-2 shall be used in advance of every railroad grade crossing, whether marked by crossbucks or equipped with active warning devices, except in the following instances:
A) At a minor siding or spur which is infrequently used and which is guarded by a member of the train crew when in use.
B) In the business districts of cities where the crossings are equipped with active warning devices and the physical conditions are such that even a partially effective display of the sign is impossible.
2) In rural areas advance warning signs shall be located from 400 to 700 feet in advance of the grade crossing on each side thereof, said distance to be governed by prevailing speed of vehicular traffic.
3) On a divided highway, it may be desirable to erect a supplemental sign on the left of the roadway. In residential or business districts where low speeds are prevalent, the sign may be placed a minimum distance of 100 feet from the crossing. If there is a street intersection within 100 feet, an additional sign or signs should be so placed as to warn traffic approaching the crossing from each intersected street.
b) Unless otherwise specifically ordered by the Commission, advance warning signs at crossings are to be furnished, installed, maintained and replaced by and at the expense of the public authority having the duty of maintaining such signs along said highway.
c) Advance warning signs hereafter installed near or at crossings, either as replacements or as new or additional signs, shall be of the reflector type and shall conform as to type, aspect and color with MUTCD Section 8B.04 and MUTCD Figure 8B-2.
d) The public authority having the duty of maintaining the approach to a grade crossing is required, where practicable, to place pavement markings consisting of a cross and the letters "R.R." in accordance with current applicable standards.
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.320** Floodlights as Warning Devices {#sec-1535.320 omnilex-key=us-il-regs-official--title-92--1535.320}
Hereafter, where floodlights are installed as warning devices, and not as simple street illumination at any grade crossing, the installation shall be such as to reasonably accomplish the following:
a) It shall be so arranged as to illuminate directly both sides of any railroad train or cars that may be occupying the crossing. To this end it is essential that there be at least one lighting unit on each side of the track, or group of tracks.
b) It shall be so arranged as not to produce an unreasonable glare in the eyes of a traveler approaching on the highway, nor to the enginemen or members of the crew of an approaching railroad train.
c) The illumination shall be of such intensity that an unlighted railroad train or cars standing or running upon the crossing can be seen on a dark night under clear weather conditions at a distance of 500 feet from the crossing.
d) The lighting units shall be so arranged that the failure of a single lamp bulb will not result in one side of a railroad train or cars occupying the crossing being in shadow or not illuminated as contemplated in subsection (a).
e) Floodlights shall be in operation whenever any railroad train is about to pass over the crossing, or whenever the crossing is occupied by a railroad train, between dusk and dawn. Such installations may be so arranged that the lamps burn continuously between dusk and dawn or may be operated manually or automatically to illuminate crossing at such times as are set forth in the last preceding sentence.
**History**
- *Source: Amended at 11 Ill. Reg. 19027, effective November 15, 1987*
##### **92 Ill. Adm. Code 1535.330** Watchman Warning (repealed) {#sec-1535.330 omnilex-key=us-il-regs-official--title-92--1535.330}
**History**
- *Source: Repealed at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.333** Flashing Light Signals {#sec-1535.333 omnilex-key=us-il-regs-official--title-92--1535.333}
a) Unless the Commission otherwise specifically authorizes, installations of light-type signals hereafter made for warning at grade crossings shall be of the flashing light type.
b) Flashing light signals shall conform generally as to aspect with that shown in Appendix B, Illustration E. Special conditions such as those presented by dual lane highways, streets with more than two traffic lanes, crossings with an unusual arrangement of tracks, etc., may require cantilever or other special mountings or supports. Individual approval by appropriate order or resolution of the Commission must be obtained in each special case. Application for such approval should be made on Form 3.
**History**
- *Source: Amended at 11 Ill. Reg. 19027, effective November 15, 1987*
##### **92 Ill. Adm. Code 1535.335** Location of Signals {#sec-1535.335 omnilex-key=us-il-regs-official--title-92--1535.335}
a) For two directional traffic, one signal is to be located upon each side of the track or groups of tracks except that, where local conditions so require, a greater number of signals or flashing light units may be employed. The signals shall be placed on the right hand side of the highway as viewed by a traveler approaching the crossing unless local conditions require different arrangement. The distance from the signals to the railroad and to the edge of the pavement will be governed by local conditions, but in general the signals shall be located not more than 15 feet from the near rail except where a point in the centerline of the highway opposite the signal would be less than 10 feet therefrom. In general, the signals shall be located not less than 8½ feet from the nearest rail. The distance from the signals to the edge of pavement shall not be less than 6 feet or more than 12 feet except when the pavement has curb and guttering, then the signals may be located 4 feet 1 inch but not less from the face of curb. These distances are to the center of the mast.
b) On multilane highways extending on either side of a median strip at least 8 feet 2 inches in width one additional flashing unit as shown in Figure 5 (Appendix B, Illustration E) shall be placed on each side of track or group of tracks, in such a manner as to provide appropriate warning to vehicles approaching crossing in traffic lane on left side of pavement. Back lights shall not be required.
c) Unless otherwise ordered by the Commission, on highways four or more lanes in width with no additional flashing units as set forth in Section 1535.335(b), supplemental sets of flashing light signals shall be mounted on appropriate cantilever arms (Figure 6 (Appendix B, Illustration F)) in such a manner as to provide appropriate warning to vehicles using the outer lanes. Back lights shall also be required.
d) Where conditions require, special signals such as side lights, illuminated "no left turn" and "no right turn" signs may be installed.
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.340** Direction of Indication {#sec-1535.340 omnilex-key=us-il-regs-official--title-92--1535.340}
In general and except as otherwise stated elsewhere, lamp units shall be provided to give an indication in both directions along the highway. Local conditions, such as one-way highway traffic, etc., may require a different arrangement. The lamp units shall be equipped with peepholes in the sides. Hoods should be used on peepholes, except in special cases where they may interfere with a train crew's observation of the light emanating therefrom.
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.341** Mounting Lamp Units {#sec-1535.341 omnilex-key=us-il-regs-official--title-92--1535.341}
a) Lamp units shall be mounted horizontally on 2 foot 6 inch centers. The mountings for the lamp unit shall be provided with means for adjusting the units in both the horizontal and the vertical planes and for positive locking of the adjustments.
b) The lamp units preferably should be mounted with a minimum clearance of 7 feet above the crown surface of the highway opposite the signal mast. Special conditions, such as a sharp approach grade, may require a variation in the height of lamps but in general the endeavor should be to place these lamps in the best position with respect to the normal line of vision of drivers of approaching vehicles and still maintain reasonable protection against accidental breakage.
**History**
- *Source: Amended at 11 Ill. Reg. 19027, effective November 15, 1987*
##### **92 Ill. Adm. Code 1535.342** Design of Lamps, Hoods, and Backgrounds {#sec-1535.342 omnilex-key=us-il-regs-official--title-92--1535.342}
The design of lamp units including hoods and backgrounds shall conform with current signal specifications of AREMA.
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.343** Warning Indication {#sec-1535.343 omnilex-key=us-il-regs-official--title-92--1535.343}
The lights shall be arranged to flash alternately, the number of flashes per minute to conform to current AREMA specifications and AREMA specifications shall constitute the minimum requirements of this Commission with respect to range and beam intensity of incandescent lamp and light emitting diode (LED) signals.
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.344** Lenses and Roundels {#sec-1535.344 omnilex-key=us-il-regs-official--title-92--1535.344}
Lamp units shall have lenses or roundels, red in color, at least 12 inches in diameter for both front and rear indication. Light transmission values shall conform to current AREMA signal specifications.
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.345** Signs on Flashing Light Signals {#sec-1535.345 omnilex-key=us-il-regs-official--title-92--1535.345}
Where two or more tracks are crossed, the current standard reflector type sign prescribed by AREMA, or as approved by this Commission, indicating the number of tracks shall be placed upon each signal (Appendix B, Illustration E).
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.346** Bells on Flashing Light Signals {#sec-1535.346 omnilex-key=us-il-regs-official--title-92--1535.346}
Bells shall be used with flashing light signals upon order or resolution of the Commission where local conditions are found to require an audible warning.
##### **92 Ill. Adm. Code 1535.347** Painting {#sec-1535.347 omnilex-key=us-il-regs-official--title-92--1535.347}
The mast and signal shall be white or aluminum in color. The backgrounds and hoods for the lamp units shall be black, preferably a dull finish.
##### **92 Ill. Adm. Code 1535.348** Power Source {#sec-1535.348 omnilex-key=us-il-regs-official--title-92--1535.348}
Flashing light signals shall be provided with two sources of electric operating power, consisting of either two sources of commercial power, one source of commercial power and battery, or two batteries. Where flashing light signals, however, are operated by the same power used for the propulsion of all trains, no additional source of operating power need be provided.
##### **92 Ill. Adm. Code 1535.349** Manual Operation (repealed) {#sec-1535.349 omnilex-key=us-il-regs-official--title-92--1535.349}
**History**
- *Source: Repealed at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.350** Circuits {#sec-1535.350 omnilex-key=us-il-regs-official--title-92--1535.350}
a) Automatic flashing light signals shall be arranged to indicate the approach of trains on all main tracks and on auxiliary tracks included between the signals where the speed of trains approaching the crossing exceeds 5 miles per hour, for not less than 20 seconds before the arrival at the crossing of the fastest train operated over the track. Where switching moves are made over the crossing at low speed with flagman warning on the ground a lesser signal operating time is permissible. Where local conditions are such as to cause unduly long or frequent unnecessary operation of signals, appropriate refinements in track circuit controls to prevent unnecessary operation shall be provided consistent with the importance of the highway and the character and volume of railroad traffic.
b) Track circuits shall be so arranged to operate flashing light signals upon approach of trains from either direction and until the rear end of trains clear the crossings.
c) It is frequently desirable that controls for crossing signals be interconnected with those for traffic control signals at nearby highway intersections to permit highway traffic to move into the clear in advance of train movements and to permit traffic on the paralleling highway to flow while train movements are made. Where such interconnection is to be made, approval of plans shall first be received from the Commission.
**History**
- *Source: Amended at 11 Ill. Reg. 19027, effective November 15, 1987*
##### **92 Ill. Adm. Code 1535.360** Gates {#sec-1535.360 omnilex-key=us-il-regs-official--title-92--1535.360}
a) Section 1535.335(a) relating to the location of flashing light signals shall apply in locating crossing gates whether such gates are installed in conjunction with flashing light signals or independently. In general gate arms shall extend at right angles to the highway when in lowered position.
b) Gates hereafter installed shall conform, as to aspect and design, with current signal specifications of AREMA.
c) Gates arms shall be striped diagonally in red and white and shall be kept reasonably clean so as to be readily observable.
d) Three red lights shall be mounted upon each roadway gate arm in such manner as to give an indication in both directions along the highway at all times when gates are in the lowered position and when they are being raised and lowered. The red lights shall be of such brilliancy as to give indication to highway traffic when at a reasonable distance from the crossing. When lighted, the red light unit nearest the tip of the gate arm is to be steady burning and the other two lights shall flash alternately in unison with the flashing light signals. The three lamp units shall be operated together with the flashing light signals in such manner as to give reasonable advance warning to highway traffic of the lowering of gate arms.
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.365** Automatic Gates {#sec-1535.365 omnilex-key=us-il-regs-official--title-92--1535.365}
a) In general, controls for automatic gates shall conform to current signal specifications of AREMA. Appropriate refinements in track circuit controls such as "speed control," "time-out" sections, presence detectors, motion detectors, and constant warning time devices to prevent unnecessary delays to highway traffic shall be provided consistent with the importance of the highway and the character and volume of rail traffic.
b) Bell, when used, shall sound a warning from the time the signal lights start to operate at least until the gate arm has descended to within 10° of the horizontal position.
c) In case there is a failure of the automatic gates, the railroad company will take action, as soon as it can be done, to give warning to highway traffic until the gates are put in operable condition.
d) For interconnection of automatic flashing light signals and gates with nearby traffic control signals procedures outlined in Section 1535.350(c) are to be followed.
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.366** Temporary Stop Signs {#sec-1535.366 omnilex-key=us-il-regs-official--title-92--1535.366}
A rail carrier shall install temporary STOP signs whenever the Commission authorizes the installation of automatic flashing light signals or automatic flashing light signals and gates at existing public highway-rail grade crossings equipped with crossbuck warning signs. The temporary STOP signs shall remain in place until the luminous flashing signal or crossing gate devices have been installed. The rail carrier is responsible for the cost of the installation and subsequent maintenance of any required temporary STOP signs.
**History**
- *Source: Added at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.400** Procedure Before Commission {#sec-1535.400 omnilex-key=us-il-regs-official--title-92--1535.400}
a) No change, except in case of emergencies, shall be made in existing marking or warning devices at any grade crossing, unless and until the approval of the Commission is obtained as outlined in this Subpart. This Section shall not apply to the substitution of reflector type signs for plain signs.
b) Approval for making minor changes in the marking or warning devices at crossings may be made by shortened procedure under Section 1535.400(c) if the changes consist of any of the following:
1) Installing bells or additional lamp units on flashing light signals, or additional signal units to meet special conditions at crossings where flashing light signals are already established.
2) Establishing new or additional lighting, either by floodlight or by new or additional lamps placed on gates, signs or other warning devices.
3) A temporary change, such as one made necessary by highway reconstruction in progress, or the like.
4) Relocating of flashing light signals or other warning devices at a particular crossing to conform to changed traffic conditions where the new location of the signals or other equipment meets the requirements of other applicable rules of this Part, including removal of track from crossing or increasing width of highway.
5) Changes in track circuits or controls for automatic warning devices to conform to changed traffic conditions, to eliminate unnecessary indication or to otherwise improve operation. Only general description of change is required.
6) Eliminating signs and signals where all tracks through the crossing are abandoned and removed.
c) Where changes in or additions to marking or warning devices of the nature outlined in Section 1535.400(b) are to be made, the rail carrier shall so notify the Commission, in writing, substantially according to the Commission's Form 1, at least 15 days prior to making the change or addition. If change requires relocation of signals, Form 1 shall be accompanied by a sketch of the crossing showing existing and proposed location of said signals as well as any other contemplated changes. If no objection is made in writing by the Commission to such change, then, upon the expiration of the 15 days notice, the rail carrier shall be deemed to have the approval of the Commission and may proceed to make the change as described. In the event that, within 15 days after the receipt of a notice setting forth a proposed change in or addition to marking or warning devices, objection thereto shall be made in writing by the Commission, the proposed change shall not be made. If the matter cannot be adjusted informally, the rail carrier may then file a petition seeking authority to make the proposed change, which may then be duly docketed for hearing and be disposed of in the same manner as any other formal petition. Where, due to emergency or otherwise, it is impossible or unreasonable to give 15 days notice of a proposed change, the rail carrier shall at once notify the Commission of that fact, and may proceed to take such immediate action as may be appropriate, subject to the right of the Commission to review such action and require any further action or changes that it may find to be in the public interest.
d) When a rail carrier has completed a minor change in the marking or warning devices at crossings, which was previously approved by the Commission, a Form 2 shall be submitted to the Commission.
e) Where a rail carrier plans a major change or a reduction in marking or warning devices at any public grade crossing and no order has been issued by the Commission approving such change or reduction, the rail carrier shall give written notice of such change or reduction to the highway authority having jurisdiction over the roadway involved, and a copy of a letter setting forth notice of such change or reduction shall be attached to the Commission's Form 3 when filed with the Commission. If the highway authority has objection to the proposed change or reduction, it shall notify the Commission within 45 days of receipt of the notice from the rail carrier. If no objection is filed with the Commission, the Commission may approve the proposed change or reduction without hearing by X-Resolution.
f) When a significant deviation from improvements approved by the Commission occurs, the rail carrier shall submit a set of "as-built" plans to explain the deviations.
g) When any city, town, village, township, county or the Department proposes any highway change, including changes in highway traffic direction, that would necessitate a change in the marking, warning devices at, or construction of any crossing, notice of the proposed change shall be submitted to the rail carrier involved at least three months in advance of the date upon which the change is to be made. A copy of the notice shall be furnished to this Commission.
h) A supply of blank Forms 1, 2 and 3 may be requested from the Railroad Section of the Illinois Commerce Commission, 527 E. Capitol Avenue, Springfield, Illinois 62701.
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.501** Sounding of Bell, Whistle or Horn (repealed) {#sec-1535.501 omnilex-key=us-il-regs-official--title-92--1535.501}
**History**
- *Source: Repealed at 15 Ill. Reg. 10920, effective July 10, 1991*
##### **92 Ill. Adm. Code 1535.502** Other Warning {#sec-1535.502 omnilex-key=us-il-regs-official--title-92--1535.502}
In addition to warnings by whistle, bell or horn as required by statute, every railroad train shall give warning by prolonged or repeated whistling when passing or meeting or about to pass or meet a train, at or in the immediate vicinity of a grade crossing, under such circumstances that the second train will materially obscure the view of the first mentioned train to persons who may be about to use the crossing.
**History**
- *Source: Amended at 11 Ill. Reg. 19027, effective November 15, 1987*
##### **92 Ill. Adm. Code 1535.503** Approaching Grade Crossings Prepared to Stop {#sec-1535.503 omnilex-key=us-il-regs-official--title-92--1535.503}
Every railroad motor car, hi-rail car, speeder or other piece of self-propelled work equipment (hereafter in this Section collectively referred to as "motor car"), not constituting a railroad train and not used for the transportation of passengers or freight, shall be operated so that it will approach all highway grade crossings under control, prepared to stop, unless there is an assured clear way over the crossing. The speed of such motor car over any grade crossing shall at all times be reasonable and, if there is not an assured clear way over the crossing, shall not exceed five (5) miles per hour. When operated between sunset and sunrise, such motor car shall be equipped with a fixed or portable light or lantern to give warning of its approach.
##### **92 Ill. Adm. Code 1535.504** Crew Member to Give Warning at Crossing {#sec-1535.504 omnilex-key=us-il-regs-official--title-92--1535.504}
a) When cars are pushed by an engine over public highway crossings that are not equipped with warning devices at grade, a member of the crew on the ground must give warning at the crossing.
b) When the leading car is equipped with a back up brake hose or whistle in proper operating condition and is controlled by a member of the crew, warning by a crew member on the ground is not required.
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.601** Order of Commission to Construct Subway or Viaduct {#sec-1535.601 omnilex-key=us-il-regs-official--title-92--1535.601}
No subway or viaduct (as the said terms are defined in this Part) shall be constructed unless and until this Commission shall have issued an order so authorizing.
##### **92 Ill. Adm. Code 1535.602** Petitioner for Permission {#sec-1535.602 omnilex-key=us-il-regs-official--title-92--1535.602}
Petitioner for permission from this Commission for the construction of such subway or viaduct shall be the interested railroad company or a public officer or public body having authority to extend, or cause to be extended, the highway as proposed. The application should be accompanied by a general plan or plat showing with reasonable certainty the nature, location and construction of the proposed separation of grades, along with a preliminary design report or a bridge condition report that defines the need for the project, the scope of the project, and a detailed preliminary estimate of cost.
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.603** Plans Considered Separately {#sec-1535.603 omnilex-key=us-il-regs-official--title-92--1535.603}
The plans for each proposed subway or viaduct will be considered separately in the light of local conditions. The clearances with respect to railroad tracks will be governed by 92 Ill. Adm. Code 1500 or any amendment or modification thereof that may hereafter be adopted. The current practice of the Department for subways or viaducts will be regarded as a reasonable practice. The general design requirements of AREMA will be regarded as reasonable construction standards for structures carrying railroad traffic. It is recommended that those in charge of the projects consult with the Department prior to the preparation of detail plans or the filing of an application with this Commission.
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.604** Hazard Markers {#sec-1535.604 omnilex-key=us-il-regs-official--title-92--1535.604}
Hazard markers, unless otherwise specifically ordered by this Commission, are to be furnished, installed, maintained and replaced by and at the expense of the public authority having the duty of maintaining the signs along the highway upon which such signs are located and they shall be of the reflectorized type and conform to the MUTCD.
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.605** Mounting of Hazard Markers {#sec-1535.605 omnilex-key=us-il-regs-official--title-92--1535.605}
Hazard markers may be mounted upon, or immediately in advance of, obstructions such as center piers of subways, etc., in or near highways at crossings to indicate to approaching traffic the presence of such hazards.
##### **92 Ill. Adm. Code 1535.606** Clearance Signs {#sec-1535.606 omnilex-key=us-il-regs-official--title-92--1535.606}
On all overhead railroad structures having vertical clearance of less than 14'6" clearance, signs are to be furnished, installed, maintained and replaced by and at the expense of the public authority having the duty of maintaining the signs along the highway requiring such signs or as covered by agreement. Said signs are to be mounted on the sides of the overhead structure, one facing traffic approaching from each direction, indicating in large legible figures the appropriate numbers for clearance accommodated under the structure. It shall be the duty of said public authority to determine the clearance to be indicated on said sign. Railroad companies may elect to do the actual work of installing, maintaining or replacing clearance signs. The railroad company shall notify as soon as possible the public authority having such duties of any changes in their grade separation structures affecting such clearances.
##### **92 Ill. Adm. Code 1535.701** Construction of Barricades {#sec-1535.701 omnilex-key=us-il-regs-official--title-92--1535.701}
When by order of the Commission a grade crossing is closed and abolished pursuant to the provisions of Section 18c-7401 of the Law, suitable barricades of neat design shall be constructed in a manner as to prevent use of the crossing by vehicular traffic. The barricades shall be provided with retroreflective material so as to be readily visible during both daylight hours and during nighttime hours in the beam of motor vehicle headlamps. The rail carrier shall be required to pay for the installation of the barricades, and the road authority shall be responsible for all future maintenance.
**History**
- *Source: Amended at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.APPENDIX** A Forms {#sec-1535.appendix omnilex-key=us-il-regs-official--title-92--1535.APPENDIX}
Section 1535.ILLUSTRATION A Form 1
STATE OF ILLINOIS
Illinois Commerce Commission
Transportation Division
Form 1
Notice of proposed minor change in crossing
markings or warning devices under 92 Illinois
Administrative Code 1535.400(b) and (c).
Date:
To the Illinois Commerce Commission:
The (name of railroad company) hereby gives notice that it proposes to make a change, designated as a minor change under 92 Illinois Administrative Code 1535.400(b) and (c) at (DOT Inventory #) located (in or near) (city or village), being the crossing of (name of street or highway), with (designation of tracks or lines to be crossed). A full statement of the proposed changes is as follows:
(Railroad Company)
By
(Name)
(Title)
(Phone Number)
(Attach additional sheet if necessary)
Completion of this form is necessary to accomplish the statutory purpose as outlined in the Illinois Commercial Transportation Law, Section 18c-7401.
Section 1535.APPENDIX A Forms
Section 1535.ILLUSTRATION B Form 2
STATE OF ILLINOIS
Illinois Commerce Commission
Transportation Division
Form 2
Notice of completion of minor change in crossing warning devices under 92 Illinois Administrative Code 1535.400(c).
Date:
To the Illinois Commerce Commission:
The (name of railroad company) hereby gives notice that on (date) it completed the making of a minor change at crossing (DOT Inventory #) (Railroad Milepost), located (in or near) (city or village) in accordance with the notice proposing such change given to this Commission on (date).
(Railroad Company)
By
(Name)
(Title)
(Phone Number)
Completion of this form is necessary to accomplish the statutory purpose as outlined in the Illinois Commercial Transportation Law, Section 18c-7401.
Section 1535.APPENDIX A Forms
Section 1535.ILLUSTRATION C Form 3
Completion of this form is necessary to accomplish the statutory purpose as outlined in the Illinois Commercial Transportation Law, Section 18c-7401. Failure to provide the requested information may prevent your request from being processed.
Form 3
STATE OF ILLINOIS
ILLINOIS COMMERCE COMMISSION
Petition for permission to make a change in crossing warning devices, or to install new warning devices, under 92 Illinois Administrative Code 1535.400(d).
Date: December 15, 2005___
To the Illinois Commerce Commission:
The petitioner (Name of Railroad Company) shows:
(1) That it is a railroad company operating a line of railroad in the State of Illinois.
(2) That petitioner proposes and hereby makes application for authority to make a major change in crossing warning devices, or to install new warning devices, under 92 Illinois Administrative Code 1535.400(d) adopted by this Commission.
(3) That the location of the crossing, the nature of existing warning devices and proposed warning devices, and other pertinent facts in connection therewith, are set forth in the statement attached to and forming part of this petition.
(4) That petitioner's reasons and purpose, with reference to its said proposal are:
(State reasons and purpose)
(5) That the facts set forth in this petition and in the statement and plans or plats attached thereto are, all of them, true and correct to the best of petitioner's knowledge and belief.
WHEREFORE, the petitioner prays that the Commission will, if deemed desirable by the Commission, set the aforesaid matter for hearing, and that the Commission enter an order or adopt a resolution consenting to and granting authority for the making of the said proposed changes in or additions to crossing warning devices.
(Name of Railroad Company)
By
(Name of Person Submitting Form 3)
(Title of Person – use Enter key for additional lines)
(Phone Number)
(Attorney for Petitioner)
(Attorney's Address)
(Use Enter key for up to four additional lines.)
Statement, attached to and part of an application for permission to make a major change in crossing warning devices or to install new warning devices, under 92 Ill. Adm. Code 1535.400(d).
1.
Name of Railroad Company
2.
Crossing Number & Railroad Milepost
(Separate statement should be filed for each crossing)
3.
Village or City
(Please indicate whether in or near Village/City)
4.
Name of Street or Highway
5.
Public Agency Maintaining Highway
(DOT, County, Township, City)
6.
Existing warning devices:
(Give full description. Indicate the hours of any manual warning devices.)
7.
Proposed warning devices:
(Give details)
8.
Number of main tracks
Other tracks
9.
Number of passenger train movements:
6 a.m. to 6 p.m.
6 p.m. to 6 a.m.
10.
Number of freight train movements:
6 a.m. to 6 p.m.
6 p.m. to 6 a.m.
11.
Approximate number of switch movements:
6 a.m. to 6 p.m.
6 p.m. to 6 a.m.
12.
Maximum speed of trains at crossing on each track in each direction
Track 1 N/E Bound
mph
S/W Bound
mph
Track 2 N/E Bound
mph
S/W Bound
mph
Track 3 N/E Bound
mph
S/W Bound
mph
13.
Passenger platforms served by tracks within the limits of track circuits, if any
14.
Where automatic signals or gates are proposed, approximate number of train or engine movements daily that would cause false indications or operation
15.
Nature and approximate amount of street or highway traffic over crossing
16.
In addition to the information listed hereinbefore in Form 3, attach a track plan or plat of the proposed crossing This plan should show:
(a)
Width and surface of highway.
(b)
Highway intersections (including private driveways to be so indicated) and location of established highway signs or signals within 100 feet of crossing.
(c)
Location of tracks, switches and other railroad facilities such as block signals, etc., within limits of track circuits, present and/or proposed
(d)
Where automatic warning devices are proposed, show proposed location of signals (sidelights, cantilevers, etc., if any).
(e)
Show the length of each operation track section within the control limits of the crossing warning devices and its function.
ADDITIONAL INFORMATION
VERIFICATION
I,
(Name)
, first being duly sworn upon oath depose and say that I am
(Title)
of
(Railroad Name)
, an
(State)
corporation; that I
have read the above and foregoing petition by me subscribed and know the contents thereof; that said contents are true in substance and in fact, except as to those matters stated upon information and belief, and as to those, I believe same to be true.
(Signature above line & Title below line)
**History**
- *Source: Old Illustration A repealed at 11 Ill. Reg. 19027, effective November 15, 1987; new Illustration A adopted at 29 Ill. Reg. 20376, effective December 15, 2005*
- *Source: Old Illustration B repealed at 11 Ill. Reg. 19027, effective November 15, 1987; new Illustration B adopted at 29 Ill. Reg. 20376, effective December 15, 2005*
- *Source: Old Illustration C repealed at 11 Ill. Reg. 19027, effective November 15, 1987; new Illustration C adopted at 29 Ill. Reg. 20376, effective December 15, 2005*
##### **92 Ill. Adm. Code 1535.APPENDIX** B Drawings {#sec-1535.appendix omnilex-key=us-il-regs-official--title-92--1535.APPENDIX}
Section 1535.ILLUSTRATION A Reflectorized Crossbuck Signs (50 degrees) (Repealed)
Section 1535.APPENDIX B Drawings
Section 1535.ILLUSTRATION B Reflectorized Crossbuck Signs (90 degrees) (Repealed)
Section 1535.APPENDIX B Drawings
Section 1535.ILLUSTRATION C Advance Warning Sign (Repealed)
Section 1535.APPENDIX B Drawings
Section 1535.ILLUSTRATION D Reflectorized "Watchman Off Duty" Sign (Repealed)
Section 1535.APPENDIX B Drawings
Section 1535.ILLUSTRATION G "No Right Turn" or "No Left Turn" Signal (Repealed)
Section 1535.APPENDIX B Drawings
Section 1535.ILLUSTRATION H Reflectorized "Gates Not Working" Sign (Repealed)
**History**
- *Source: Repealed at 29 Ill. Reg. 20376, effective December 15, 2005*
- *Source: Repealed at 29 Ill. Reg. 20376, effective December 15, 2005*
- *Source: Repealed at 29 Ill. Reg. 20376, effective December 15, 2005*
- *Source: Repealed at 29 Ill. Reg. 20376, effective December 15, 2005*
- *Source: Repealed at 29 Ill. Reg. 20376, effective December 15, 2005*
- *Source: Repealed at 29 Ill. Reg. 20376, effective December 15, 2005*
#### **Part 1536** Grade Crossing Closure and Opening
##### **92 Ill. Adm. Code 1536.10** Petition to Close Grade Crossing {#sec-1536.10 omnilex-key=us-il-regs-official--title-92--1536.10}
a) A party may petition the Commission to close a grade crossing of a public highway with the tracks of a registered rail carrier on the grounds that public safety requires such a closure. The Commission shall, at public hearing, consider the evidence presented in the petition. Such hearing shall be conducted in accordance with the Commission's rules of practice (83 Ill. Adm. Code 200).
b) The petition filed under subsection (a) of this section shall include the following information about the crossing:
1) whether the crossing is located in an incorporated city, village or town or in an unincorporated area;
2) whether the crossing is signalized (i.e., equipped with automatic flashing lights, with or without gates) or unsignalized (i.e., all other types of warning devices, including crossbuck signs), and, if signalized, when warning devices were installed or circuitry was updated;
3) the average daily vehicular traffic (ADT) which traverses the crossing and posted speed limit (if speed is not posted, it shall be assumed to be 55 mph for crossings outside of incorporated cities and municipalities, or 30 mph for crossings within the limits of incorporated cities and municipalities). The ADT, which must have been taken in a calendar year not more than two calendar years prior to the year of the filing of the petition, shall be obtained from the Illinois Department of Transportation (IDOT); however, if IDOT does not respond within 90 days to such a request, the petitioner may determine the ADT by performing a traffic study utilizing IDOT's current traffic monitoring practices and procedures;
4) the average number of freight train movements per day over the crossing, calculated by taking the total number of freight train movements which occur over the crossing during a period of 28 consecutive days and then dividing that number by 28;
5) the average number of passenger train movements per day over the crossing, calculated by taking the total number of passenger train movements which occur over the crossing during a period of 28 consecutive days and then dividing that number by 28;
6) the maximum timetable speed for freight and for passenger trains operating through the crossing;
7) the location of the two nearest public rail-highway crossings;
8) the crossing's accident history for the last 5 years;
9) the alignments of the roadway and railroad and the angle of intersection of those alignments, and whether visibility of trains to motorists approaching the crossing or to motorists stopped at the crossing is adequate according to Appendix 1, "A Policy of Geometric Designs of Highways and Streets", published by the American Association of State Highway and Transportation Officials (AASHTO) in 1990 (no later editions or amendments included);
10) the types of vehicular traffic that use the grade crossing (e.g., automobiles, trucks carrying hazardous materials, vehicles carrying passengers for hire, school buses, etc.); and
11) the location and mailing address of emergency response units having responsibility for the area where the grade crossing is located, as obtained from the county sheriff or county emergency management agency.
c) Parties to the proceeding or Commission staff may contest the validity of the information included in the petition in accordance with subsection (b) above.
##### **92 Ill. Adm. Code 1536.20** Criteria for Crossing Closure {#sec-1536.20 omnilex-key=us-il-regs-official--title-92--1536.20}
a) The hearing examiner shall assign the crossing proposed for closure to one of the following categories:
1) Category 1: the crossing is located in an incorporated area and the crossing is signalized;
2) Category 2: the crossing is located in an incorporated area and the crossing is unsignalized;
3) Category 3: the crossing is located in an unincorporated area and the crossing is signalized; or
4) Category 4: the crossing is located in an unincorporated area and the crossing is unsignalized.
b) The categories listed in subsection (a) of this Section shall be differentiated by:
1) the crossing's ADT; and
2) the crossing's Train Volume and Speed Index (TVSI), which is calculated by taking the average number of freight and passenger train movements per day which use the crossing and multiplying each by their maximum timetable train speed. This calculation is represented by the following equation:
TVSI = (Tf x Sf) + (Tp x Sp)
Where:
TVSI = Train Volume and Speed Index
Tf = Average number of freight trains/day
Tp = Average number of passenger trains/day
Sf = Maximum timetable speed for freight trains
Sp = Maximum timetable speed for passenger trains
c) The ADT and TVSI thresholds for each category are:
Category
Characteristics
Closure Criteria
1:
Incorporated/Signalized*
ADT ≤125 and TVSI ≥ 240
2:
Incorporated/Unsignalized
ADT ≤175 and TVSI ≥ 240
3:
Unincorporated/Signalized*
ADT ≤75 and TVSI ≥ 300
4:
Unincorporated/Unsignalized
ADT ≤100 and TVSI ≥ 300
* Where signal equipment or last circuitry update is 10 years old or older.
d) The Commission shall determine if the crossing meets the following criteria:
1) the crossing has a permanent or seasonal obstruction(s) whereby the visibility of trains to motorists approaching the crossing or to motorists stopped at the crossing is not adequate per Appendix 1, "A Policy of Geometric Designs of Highways and Streets", incorporated in Section 1536.10 (b)(9) of this Part;
2) the crossing has an ADT value less than or equal to the threshold for the category; and
3) the crossing has a TVSI value equal to or greater than the threshold for the assigned category.
e) The Commission shall consider evidence regarding the amount of adverse distance which closure will cause. For the purposes of this Part, adverse distance is defined as the distance which must be traveled, from one side of the crossing to be closed to reach a point adjacent to and on the opposite side of the crossing, via the nearest alternate public crossing and roadway. The Commission shall also consider the adequacy of the alternate crossing and roadway.
f) The alternate public crossing shall not be considered adequate unless, in the case of an at-grade crossing, it is equipped with automatic warning devices and conforms with the requirements of 92 Ill. Adm. Code 1535, or it is grade separated.
g) The alternate roadway shall be considered adequate if:
1) it is a roadway with an all-weather surface;
2) it is of sufficient width to accommodate its existing vehicular traffic plus the vehicular traffic rerouted by the closure, as determined by IDOT's Bureau of Local Roads and Streets;
3) when an existing road is used as an alternate, the roadway is already, or may legally be, utilized by the same types of vehicular traffic as the roadway where the crossing is sought to be closed; and
4) rerouting of the crossing's vehicular traffic over the alternate roadway will not have a significant adverse effect on public safety. Factors to be considered in making this determination include:
A) the extent to which rerouting will cause or increase an unsafe and incompatible mix of traffic on the alternate roadway;
B) the extent to which rerouting will increase emergency response time; and
C) any other evidence of record relating to the safe public use of the alternate roadway.
h) Proponents of the closure will bear the burden of proving the alternate public crossing and roadway meet the requirements in subsections (f) and (g) above or will meet them after improvements have been made.
i) The alternate public crossing will not be considered adequate if the amount of adverse distance, as measured along the centerline of the routes which comprise the alternate roadway, which the closure will cause:
1) is greater than 0.75 miles when any part of the railroad right-of-way or highway right-of-way at the crossing lies within an incorporated town, village or city, or abuts the corporate limits of any town, village or city; or
2) is greater than four miles in any other case.
j) The Commission shall order the crossing closed if it meets the criteria set forth in subsections (d), (f), (g) and (i) of this Section or if, under the provisions of Section 18c-7401 of the Illinois Commercial Transportation Law [625 ILCS 5/18c-7401] (ICTL), the Commission finds, based on the totality of evidence presented, that public safety requires the crossing be closed and that public convenience served by the crossing in question is not such as to justify its further retention. No two consecutive crossings shall be closed in a row without the consent of the affected highway agency(s) if the distance between the two crossings from the centerline of each crossing along the railroad's centerline is equal to or greater than one mile.
k) The Commission shall, when such action is supported by the evidence, order the construction of a turn-around or cul-de-sac to accommodate school bus traffic and/or highway maintenance equipment affected by the crossing closure.
l) The Commission shall allocate the cost of any improvements found necessary to accommodate a crossing closure required by this Section among the railroad, IDOT and the Grade Crossing Protection Fund. The Commission may also allocate costs to the highway agency when evidence of record supports such allocation.
##### **92 Ill. Adm. Code 1536.30** Petition to Open Grade Crossing {#sec-1536.30 omnilex-key=us-il-regs-official--title-92--1536.30}
A party may petition the Commission to open a grade crossing of a public highway with the tracks of a registered rail carrier on the grounds that public necessity requires such an opening.
##### **92 Ill. Adm. Code 1536.40** Criteria for Crossing Opening {#sec-1536.40 omnilex-key=us-il-regs-official--title-92--1536.40}
a) When a petition is filed to extend a public road, highway or street across a track at grade the Commission shall determine if the following criteria are satisfied:
1) there is presently inadequate or no vehicular access to the area to be served by the crossing;
2) alternate vehicular access cannot be provided at a cost equal to or less than the cost of establishing the crossing;
3) the crossing would not meet the Commission's criteria for closure specified in Section 1536.20 of this Part;
4) the crossing's average daily traffic (ADT) would be at least 1,000 vehicles per day within 3 years after the crossing was established;
5) the crossing's location does not interfere with the railroad's operational activities such as switching and usage of a passing track(s) which would result in substantial delay of, or hazard to, motor vehicles; and
6) the crossing does not pose risks to train crews or motorists beyond those normally associated with at-grade crossings.
b) The Commission shall order the construction of a new at-grade crossing if all of the criteria set forth in subsection (a) above are satisfied or if, under the provisions of Section 18c-7401 of the Illinois Commercial Transportation Law [625 ILCS 5/18c-7401] (ICTL), the Commission finds, based on the totality of evidence presented, public convenience and necessity requires the opening.
c) Notwithstanding the provisions of subsection (b) above, the Commission may order the construction of a grade separation if evidence of record supports such a finding.
d) The Commission shall allocate the cost associated with the construction of a new at-grade crossing or grade separation required by subsection (a), (b) or (c) above among the highway agency(s), IDOT, and the Grade Crossing Protection Fund. The Commission may also allocate costs to the railroad when evidence of record supports such allocation.
#### **Part 1545** The Provision, Construction and Maintenance of Sanitation and Shelter Facilities for Rail Carrier Employees
##### **92 Ill. Adm. Code 1545.10** Application {#sec-1545.10 omnilex-key=us-il-regs-official--title-92--1545.10}
This Part shall apply to all rail carriers operating within the borders of the State of Illinois and to all persons employed by such rail carriers.
**History**
- *Source: Amended at 11 Ill. Reg. 15053, effective October 1, 1987*
##### **92 Ill. Adm. Code 1545.20** Responsibility {#sec-1545.20 omnilex-key=us-il-regs-official--title-92--1545.20}
a) Each rail carrier shall provide and maintain for its employees the sanitation and shelter specified and required by this Part.
b) Notice of not less than 45 days shall be provided to the Commission of any intention to construct, modify or eliminate a sanitation or shelter facility. This shall include any intention to change the location, size or layout of a facility, or any intention to eliminate, remove or materially change any appurtenance such as lockers, showers, washing facilities, and toilets, but shall not include routine maintenance or the replacement of an appurtenance in kind. The notification shall include a statement of how the change will impact compliance with this Part and shall also include a copy of design drawings. Notice shall be in writing and may be provided by letter or electronic mail to the attention of the Rail Safety Program Administrator of the Illinois Commerce Commission's Transportation Bureau, Rail Safety Section. Compliance with the 45 day notice standards in this Part is hereby excused during periods of an emergency that makes the facility uninhabitable, if notice is provided as soon as practicable.
**History**
- *Source: Amended at 33 Ill. Reg. 13802, effective October 1, 2009*
##### **92 Ill. Adm. Code 1545.30** Definitions {#sec-1545.30 omnilex-key=us-il-regs-official--title-92--1545.30}
"Bunk or Section House" means any building or portion thereof, excepting a family dwelling, in which persons employed by rail carriers are furnished sleeping and/or living accommodations. A room furnished for sleeping may be referred to as a bunk room or dormitory.
"Camp Car" means trailers and on-track vehicles, including outfit, camp, or bunk cars or modular homes mounted on flat cars, used to house or accommodate railroad employees. Wreck trains are not included.
"CFR" means the Code of Federal Regulations.
"Commission" means the Illinois Commerce Commission.
"Company" means a rail carrier as defined in Section 18c-1104 of the Illinois Commercial Transportation Law [625 ILCS 5/18c-1104].
"Dressing Room" means a room used by employees either as a dressing room or as a restroom, or for both purposes.
"Drinking Water" means potable water from a supply under the jurisdiction of a health authority or commercially available bottled drinking water. Potable water or commercially available bottled drinking water shall comply with U.S. Food and Drug Administration regulations contained in 21 CFR 165.110 (May 29, 2009).
"Employee" means any person employed by a company to which this Part applies.
"Health Authority" means a public health authority having jurisdiction.
"Lavatory" means a basin or similar vessel used primarily for washing of the hands, arms, face and head.
"Leq (8)" means the equivalent steady sound level that in 8 hours would contain the acoustic energy as the time-varying sound level during the same time period.
"Lunch Room" means a sanitary location inside a building or structure where employees are permitted to eat.
"Nonwater Carriage Toilet Facility" means a toilet facility not connected to a sewer, including a toilet facility connected to self-contained sewage tanks.
"Number of Employees" means, unless otherwise specified, the average number of employees employed on any one shift.
"Railroad" means the same as "company" as defined in this Section.
"Sanitary" means lacking any condition in which any significant amount of filth, trash or human waste is present in such a manner that a reasonable person would believe that the condition might constitute a health hazard; or of strong, persistent, chemical or human waste odors sufficient to deter use of the facility, or give rise to a reasonable concern with respect to exposure to hazardous fumes.
"Shelter" means a building or structure designed to protect employees from the environment.
"Signal Headquarters" means a place where signal employees are regularly required to be and remain on duty during their shift.
"Station" means a facility where freight and/or passenger traffic is ordinarily received and delivered and at which a station agent is regularly assigned for duty.
"Terminal" means a facility where engine and train crews in yard and train service and switchmen, switch tenders, maintenance of way employees, signal employees and car clerks are required to report for or be relieved from duty.
"Toilets" means fixtures such as flush, chemical or dry hopper toilets, or privies.
"Toilet Facility" means a fixture maintained within a toilet room for the purpose of defecation or urination, or both.
"Toilet Room" means a room maintained within or on the premises containing toilet facilities for use by employees.
"Toxic Material" means a material in concentration or amount of such toxicity as to constitute a recognized hazard that is causing or is likely to cause death or serious physical harm.
"Urinal" means a toilet facility maintained within a toilet room for the sole purpose of urination.
"Usual place of employment" means the place where an employee works with a reasonable measure of continuity throughout the major part of his/her company service.
"Water Closet" means a toilet facility maintained within a toilet room for the purposes of both defecation and urination and that is flushed with water.
"Yards" means a group of tracks used for the making or breaking up of trains or classification of cars.
**History**
- *Source: Amended at 33 Ill. Reg. 13802, effective October 1, 2009*
##### **92 Ill. Adm. Code 1545.100** Drinking Water {#sec-1545.100 omnilex-key=us-il-regs-official--title-92--1545.100}
a) General Requirements:
1) Where water is supplied by the rail carrier for cooking, washing of foods, washing of cooking or eating utensils, washing of food preparation or processing premises, bathing, or drinking purposes, it shall, where available, be from a public supply under the jurisdiction of the Illinois Department of Public Health. Water from a private supply shall meet the standards of the Illinois Department of Public Health, 77 Ill. Adm. Code 900, as well as the U.S. Food and Drug Administration regulations contained in 21 CFR 165.110 (May 29, 2009). The distribution lines shall be capable of supplying operating pressures to all water taps for normal simultaneous operation. Commercially available bottled drinking water may be used to satisfy this requirement.
2) An adequate supply of drinking water shall be made available to all employees. Commercially available bottled drinking water may be used to satisfy this requirement.
3) When necessary, suitable, sanitary drinking water containers shall be available, conveniently placed for the use of employees, but not in toilet rooms. Each container shall be equipped with a sanitary fountain, faucet or other dispenser. Open containers such as barrels, pails or tanks for drinking water from which the water must be dipped or poured, whether or not they are fitted with a cover, shall not be used. Drinking water dispensers shall be designed, constructed and serviced so that sanitary conditions are maintained, capable of being closed, and equipped with a tap.
4) All containers used to furnish drinking water shall be thoroughly cleansed as often as is necessary to assure a sanitary and palatable drinking water supply.
5) The common drinking cup is prohibited. Either single service containers or drinking fountains with sanitary angle head shall be used.
b) Required Locations:
1) Running Facilities: Drinking water containers shall be provided, and drinking water shall be available for use, on the following equipment when in use:
A) All locomotives.
B) Baggage and express cars (when employees are required to work en route), unless another facility is reasonably available (e.g., a passenger car in which water is available being attached to a baggage or express car).
C) Cabooses.
2) Stationary Facilities: Drinking water shall be available to employees who are on duty regularly for periods of time long enough to make the drinking water facility reasonably necessary, at the following locations:
A) All terminals.
B) All yard offices.
C) All stations where a public water supply is locally available (except where water is otherwise reasonably accessible).
D) All shops and engine houses.
E) All signal or section headquarters in terminals and all bunk or section houses.
F) All lunch rooms operated by a railroad on railroad property.
G) Camp cars.
3) Other Locations and Job Sites:
Drinking water shall be made available to employees at other locations and job sites where employees are on duty with sufficient regularity for periods of time long enough to make drinking water reasonably necessary, when determined by the following procedures:
A) An employee requesting water to be provided at other locations and job sites shall contact his/her authorized immediate supervisor, and the parties shall make a reasonable good faith effort to resolve the matter.
B) If the matter is not resolved, the employee may contact his/her authorized employee representative and identify the specific location and reasons for the request.
C) If appropriate, the employee representative may initiate an Informal Complaint with the Commission staff under 83 Ill. Adm. Code 200.160. Commission staff shall conduct a joint informal investigation with parties to determine whether drinking water should be provided at the location.
D) If, following Commission staff's investigation, the matter remains unresolved, a Formal Complaint under 83 Ill. Adm. Code 200.170 may be initiated.
**History**
- *Source: Amended at 33 Ill. Reg. 13802, effective October 1, 2009*
##### **92 Ill. Adm. Code 1545.110** Toilets {#sec-1545.110 omnilex-key=us-il-regs-official--title-92--1545.110}
a) General Requirements:
1) Where running water and sewer or septic tank connections are reasonably available, flush-type toilets and urinals shall be maintained as set forth in this Section.
2) Chemical toilets or privies shall only be used when it is impractical to install inside toilet and urinal facilities.
3) All permanent privies shall be constructed and maintained so that there will be no cracks or open spaces in that portion of the superstructure between the seat and floor or between the floor and the pit, vault or space where the cans are kept. Every privy shall be provided with a door and the door shall be self-closing. The lids over the seats shall be so constructed as to fall into closed position when the seat is not occupied. The pit, vault or space where the cans are kept shall be ventilated to the outside end by screens. Individual seats shall be provided in accordance with the ratio set forth in subsection (c)(2).
4) Every flush toilet shall have a rim flush bowl or be so constructed as to prevent the accumulation of fecal matter on the bowl. The bowl shall be constructed of vitrified glazed earthenware, enameled metal or other smooth finished material impervious to moisture. No pan, plunger or washout water closets are permitted except that pan or double-pan types are permitted for running facilities. Every flush toilet shall have a separate hinged seat made of a material, other than metal, that does not absorb moisture or that is finished with varnish or other substances resistant to moisture.
5) Every urinal shall be made of vitrified glazed earthenware, enameled metal or other smooth finished material impervious to moisture. Every urinal shall be flushed from a water supplied tank or through a flush valve. Water may be allowed to run continuously over trough urinals. Slab urinals are not permitted.
6) Separate toilet facilities for employees of each gender housed in the camp car shall be provided in each sleeping car, in accordance with the table shown in subsection (c)(2). The number of facilities to be provided for each sex shall be based on the number of employees of that gender for whom the facilities are furnished. Where toilet rooms will be occupied by no more than one person at a time, can be locked from the inside, and contain at least one water closet or nonwater carriage toilet facility, separate toilet rooms for each gender need not be provided. Where the single-occupancy rooms have more than one toilet facility, only one such facility in each toilet room shall be counted for the purpose of the table shown in subsection (c)(2).
7) The method of sewage disposal for toilet facilities in camp cars shall not endanger the health of the employees.
8) All toilet facilities shall be kept in a clean and sanitary condition. They shall be cleaned regularly.
b) Specifications:
1) Separation: No toilet room shall have direct communication with any room in which meals are taken, unless separated from that room by a self-closing door maintained in operating condition. Separate toilet facilities shall be provided for each gender, whenever practicable, and each toilet room shall then be plainly marked.
2) Compartments: Each water closet in toilet rooms containing more than one water closet, or water closets together with the one or more urinals, shall be in an individual compartment with a door and walls or partition between fixtures sufficiently high to assure privacy.
3) Ventilation: Every toilet room shall be adequately ventilated.
4) Lighting: Each toilet facility shall be lighted naturally or artificially by a safe type of lighting available at all hours of the day and night. Where privies, chemical and dry hopper toilets, or nonwater carriage toilet facilities not connected to self-contained sewage tanks are provided, they shall be located and maintained with a safe type of lighting available at all hours of the day and night. During an emergency, temporary privies, chemical and dry hopper toilets, or nonwater carriage toilet facilities not connected to self-contained sewage tanks are excused from this provision when it is not practicable to provide lighting.
5) Heating: Every toilet room shall be kept adequately heated. During an emergency, temporary privies, chemical and dry hopper toilets, or nonwater carriage toilet facilities not connected to self-contained sewage tanks are excused from this provision when it is not practicable to provide heating.
6) Screens: All windows, ventilators and other openings shall be screened. Toilet rooms shall be kept free of insects and vermin insofar as possible.
7) During an emergency, temporary privies, chemical and dry hopper toilets, or nonwater carriage toilet facilities not connected to self-contained sewage tanks, shall be located within 50 feet of the camp cars and, as far as practicable, on the same side of the track on which the camp cars are sited.
c) Number Required:
1) Adequate toilet facilities, conveniently located, shall be provided for all employees and for each gender whenever practicable. The facilities shall be maintained in a usable and sanitary condition at all times.
2) The following table shall be used as a guide in determining the adequacy of toilet facilities:
Number of Employees
Minimum Number of Facilities
1 to 10 persons
1 toilet
11 to 25 persons
2 toilets
26 to 49 persons
3 toilets
50 to 100 persons
5 toilets
100 persons or over
1 toilet for each additional 25 persons
3) Whenever urinals are provided, one urinal may substitute for one toilet, provided the number of toilets shall not be reduced to less than ⅔ of the number shown in the foregoing table.
4) Supplies: An adequate supply of toilet paper with holder shall be supplied by the employer for each toilet.
5) Feminine Hygiene Products: In all toilet rooms used by women, the company shall permit the installation of dispensing machines for feminine hygiene products. Covered receptacles shall be provided for the disposal of feminine hygiene products.
d) Location of:
1) Running Facilities:
A) All locomotives (except those used primarily in transfer, switching or yard service and those locomotives in service on October 1, 1967 (the effective date of this Part) on which no space is available).
B) Baggage and express cars (when employees are required to work en route and no other facility is available).
C) Cabooses (except those used primarily in transfer, switching or yard service).
D) Camp cars. When toilet facilities are provided in separate cars, toilet rooms shall have a window space of not less than 6 square feet in area opening directly to the outside area or otherwise be satisfactorily ventilated. All outside openings shall be screened with material that is equivalent to or finer than 16-mesh. No fixture, water closet, nonwater carriage toilet facility or urinal shall be located in a compartment used for other than toilet purposes.
2) Stationary Facilities:
Toilets, according to the foregoing specifications, shall be available if employees are on duty regularly for periods of time long enough to make the facility reasonably necessary at the following locations:
A) All terminals.
B) All yard offices.
C) All stations (except where other facilities are otherwise reasonably accessible).
D) All engine houses and shops.
E) All signal or section headquarters in terminals and all bunk or section houses.
F) Camp cars.
G) Crossing watchman locations, where practicable, and where those facilities are not otherwise readily and conveniently located.
3) Other Locations and Job Sites:
Toilets shall be provided to employees at other locations and job sites where employees are on duty with sufficient regularity for periods of time long enough to make a toilet reasonably necessary, when determined by the following procedures:
A) An employee requesting toilets to be provided at other locations and job sites shall contact his/her immediate supervisor, and the parties shall make a reasonably good faith effort to resolve the matter.
B) If the matter is not resolved, the employee may contact his/her authorized employee representative and identify the specific location and reasons for the request.
C) If appropriate, the employee representative may initiate an Informal Complaint with the Commission staff under 83 Ill. Adm. Code 200.160. Commission staff shall conduct a joint informal investigation with parties to determine whether drinking water should be provided at the location.
D) If, following Commission staff's investigation, the matter remains unresolved, a Formal Complaint under 83 Ill. Adm. Code 200.170 may be initiated.
**History**
- *Source: Amended at 33 Ill. Reg. 13802, effective October 1, 2009*
##### **92 Ill. Adm. Code 1545.120** Washing Facilities {#sec-1545.120 omnilex-key=us-il-regs-official--title-92--1545.120}
a) General Requirements:
1) Adequate facilities for maintaining personal cleanliness shall be provided for all employees as specified in this Section. The facilities shall be convenient for employees for whom they are provided and shall be maintained in a sanitary condition.
2) Two wash basins within each sleeping car shall be provided for employees housed in camp cars.
b) Specifications:
1) Wash basins or lavatories shall be made of vitrified glazed earthenware, vitreous enameled metal or other smooth finished material, impervious to moisture.
2) Twenty-four inches of trough or circular wash basin shall be considered the equivalent of one wash basin. The trough or circular wash basin shall not be equipped with a plug or stopper.
3) Spring-closing hand-operated faucets are prohibited in trough basins or circular basins.
c) Number Required:
1) The following table shall be used as a guide in determining the adequacy of washing facilities:
Number of Employees
Minimum Number of Facilities
1 to 10 persons
1 basins
11 to 25 persons
2 basins
26 to 49 persons
3 basins
50 to 100 persons
5 basins
100 persons or over
1 basin for each additional 25 employees
2) At least one wash basin shall be located convenient to each toilet room.
d) Location of:
1) Running Facilities:
A) Baggage and express cars (where employees are assigned for work en route) and no other facilities are available.
B) Cabooses (except cabooses used primarily in transfer, yard or switching service).
C) Camp cars.
2) Stationary Facilities:
The washing facilities required by this Section shall be available if employees are on duty regularly for periods of time long enough to make the facility reasonably necessary at the following locations:
A) All terminals.
B) All yard offices.
C) All engine houses and shops.
D) All signal or section headquarters in terminals and all bunk or section houses.
E) Places convenient to designated lunch rooms.
F) Camp cars.
G) One lavatory basin per 6 employees in a shared facility.
3) Supplies:
A) Water shall be available and hot water shall be supplied at all terminals, yard offices, engine houses, shops and camp cars. Hot and cold running water shall be available for all camp cars.
B) Mechanical drying facilities, including mechanical roller towels, or individual towels, either paper or cloth, shall be provided. (The use of common towels is prohibited.)
C) Waste receptacles shall be provided for used paper towels.
D) Soap or other suitable cleansing agent shall be supplied.
E) All supplies shall be adequate to meet the needs for which they are intended, and shall be maintained by the employer.
**History**
- *Source: Amended at 33 Ill. Reg. 13802, effective October 1, 2009*
##### **92 Ill. Adm. Code 1545.130** Showers {#sec-1545.130 omnilex-key=us-il-regs-official--title-92--1545.130}
a) General Requirements:
1) Showers shall be required when necessary at specified locations to protect employees whose work involves exposure to poisonous, infectious or irritating material or to excessive dirt, heat fumes or vapors or other materials or substances injurious to health.
2) Shower facilities shall be provided in conjunction with lockers or dressing room facilities, as required by this Part.
3) Whenever a shower is required under subsection (a)(1), where 6 or more women are employed at any one time, a separate shower room shall be provided for their use. Where at least one, but fewer than 6 women are employed and a separate shower room is not provided, accommodation must be made to ensure privacy, including a latch or lock on the door leading to the shower room.
b) Specifications:
1) Showers shall be provided with a spray fixture connected to an ample supply and pressure of hot and cold water, preferably mixed by a mixing valve.
2) Each shower room or compartment shall be constructed of material impervious to moisture.
3) Each shower compartment shall be not less than 32 inches in width and 32 inches in depth.
4) Shower floors shall be constructed of non-slippery materials. Floor drains shall be provided in all shower baths and shower rooms to remove waste water and facilitate cleaning. All junctions of the curbing and the floor shall be sealed. The walls and partitions of shower rooms shall be smooth and impervious to the height of splash.
5) An adequate supply of hot and cold running water shall be provided for showering purposes. Facilities for heating water shall be provided.
c) Camp Car Showering Facilities:
1) Camp cars used to house employees shall include 2 showers within each sleeping car.
2) Shower floors shall be constructed of non-slippery materials. Floor drains shall be provided in all shower baths and shower rooms to remove waste water and facilitate cleaning. All junctions of the curbing and the floor shall be sealed. The walls and partitions of shower rooms shall be smooth and impervious to the height of splash.
3) An adequate supply of hot and cold running water shall be provided for showering purposes. Facilities for heating water shall be provided.
d) Camp Car Showers:
1) Unless otherwise provided by agreement between a rail carrier and organized labor, body soap or other appropriate cleansing agent convenient to the showers shall be provided.
2) Showers shall be provided with hot and cold water feeding a common discharge line.
3) Unless otherwise provided by agreement between a rail carrier and organized labor, employees who use showers shall be provided with individual clean towels.
**History**
- *Source: Amended at 33 Ill. Reg. 13802, effective October 1, 2009*
##### **92 Ill. Adm. Code 1545.140** Locker Rooms {#sec-1545.140 omnilex-key=us-il-regs-official--title-92--1545.140}
a) Locker rooms, except those in camp cars, shall have not less than 80 square feet of usable clear floor space for the first 10 employees, or fraction thereof, and for each additional employee not less than 4 additional square feet shall be added. Employees, in this Section, refers to employees to whom lockers have been assigned.
b) Necessary furniture, such as benches and tables, shall be provided.
c) Locker rooms shall be properly lighted, heated and ventilated at all times.
d) Space shall be configured with lockers and furniture, such as benches and tables, to ensure it functions for its intended purpose as a locker room. This subsection may not be used to increase the floor space requirements of subsection (a).
**History**
- *Source: Amended at 33 Ill. Reg. 13802, effective October 1, 2009*
##### **92 Ill. Adm. Code 1545.150** Lockers {#sec-1545.150 omnilex-key=us-il-regs-official--title-92--1545.150}
a) Individual lockers for employees shall be provided when requested by employees and deemed necessary by the Commission.
b) Lockers shall be metal, not less than 15 inches wide, 18 inches deep and 72 inches high, exclusive of legs or other base. The lockers shall be equipped with a shelf and with not less than one clothes hook for each side or equivalent hanger bar, with sufficient openings in the door for purposes of ventilation. Wooden or other type lockers in use prior to October 1, 1967 (the effective date of this Part) shall be deemed adequate, but shall not be replaced in kind.
c) Camp cars used for housing employees shall provide individual lockers within each car for each occupant of a camp car. Each locker within a camp car used for housing employees shall be of sufficient size to adequately afford storage of 5 working days worth of personal belongings and provisions.
**History**
- *Source: Amended at 33 Ill. Reg. 13802, effective October 1, 2009*
##### **92 Ill. Adm. Code 1545.160** Dressing Rooms {#sec-1545.160 omnilex-key=us-il-regs-official--title-92--1545.160}
a) Where 6 or more women who are required to change clothing are employed at any one time, a dressing room shall be provided for their use.
b) Where at least one but fewer than 6 women who are required to change clothing are employed and a dressing room is not provided, room space shall be provided, properly screened for privacy and made suitable for the use of women employees in lieu of a dressing room.
c) Dressing rooms shall be conveniently located for the employees for whose use they are intended.
**History**
- *Source: Amended at 33 Ill. Reg. 13802, effective October 1, 2009*
##### **92 Ill. Adm. Code 1545.170** Bunk Rooms, Camp Cars and Dormitories {#sec-1545.170 omnilex-key=us-il-regs-official--title-92--1545.170}
a) The walls, floor and ceilings of bunk rooms, camp cars and dormitories shall be so constructed as to provide protection from outside weather elements and to permit their being readily cleaned, and they shall be kept cleaned and in good repair. Wood floors shall be raised above the ground sufficiently to allow air space beneath them.
b) Ventilation shall be provided by windows opening directly to the outside air.
c) During the period between May 1 and November 1, all outer doors and windows shall be equipped with screens.
d) Adequate heating, cooling and ventilation shall be provided to maintain a temperature of at least 68°F and no greater than 78°F, or 20° below ambient, whichever is warmer, during normal hot weather.
e) Lighting by windows and/or acceptable artificial illumination shall be provided.
f) At least a 7-foot ceiling measured at the entrance to the camp car shall be provided.
g) Each habitable room in a camp car shall be provided with adequate lighting.
h) Every camp car shall be constructed in a manner that provides protection against the weather.
i) All steps, entry ways, passageways and corridors providing normal entry to or between camp cars shall be constructed of durable weather resistant material and properly maintained. Any broken or unsafe fixtures or components in need of repairs shall be repaired or replaced promptly.
j) Floors shall be of smooth and tight construction and shall be kept in good repair.
k) All living quarters shall be provided with windows, the total of which shall not be less than 10 percent of the floor area. At least one-half of each window designed to be opened shall be so constructed that it can be opened for purposes of ventilation. Durable opaque window coverings shall be provided to reduce the entrance of light during sleeping hours.
l) All exterior openings shall be effectively screened with material that is equivalent to or finer than 16-mesh. All screen doors shall be equipped with self-closing devices.
m) In a facility where employees cook, live and sleep, a minimum of 90 square feet per person shall be provided. Sanitary facilities shall be provided for storing and preparing food.
n) In camp cars where meals are provided, adequate facilities to feed employees within a 60-minute period shall be provided.
o) All heating, cooking, ventilation, air conditioning and water heating equipment shall be installed in accordance with applicable local regulations governing such installations.
p) Every camp car shall be provided with equipment capable of maintaining a temperature of at least 68°F and no greater than 78°F, or 20° below ambient, whichever is warmer, during normal hot weather.
**History**
- *Source: Amended at 33 Ill. Reg. 13802, effective October 1, 2009*
##### **92 Ill. Adm. Code 1545.180** Bunk Rooms or Dormitories {#sec-1545.180 omnilex-key=us-il-regs-official--title-92--1545.180}
a) Bunk rooms or dormitories shall be of such area to provide at least 50 square feet of floor space for each occupant. At least a 7-foot ceiling shall be provided. Except where double bunks are used, at least 30 square feet of floor space shall be provided for each person accommodated.
b) Beds, cots or bunks and suitable storage facilities such as wall lockers or space for foot lockers for clothing and personal articles shall be provided in every room used for sleeping purposes. Except where partitions are provided, beds or similar facilities shall be spaced not closer than 36 inches laterally (except in modular units that cannot be spaced closer than 30 inches) and 30 inches end to end, and shall be elevated at least 12 inches from the floor. If double-deck bunks are used, they shall be spaced not less than 48 inches both laterally and end to end. The minimum clear space between the lower and upper bunk shall be not less than 27 inches. Triple-deck bunks shall not be used. Where beds, bunks or cots are provided, they shall be equipped with proper mattresses.
**History**
- *Source: Amended at 33 Ill. Reg. 13802, effective October 1, 2009*
##### **92 Ill. Adm. Code 1545.190** Camp Facilities {#sec-1545.190 omnilex-key=us-il-regs-official--title-92--1545.190}
a) Where camp cars, house trailers, outfit or bunk cars, modular units mounted on flat cars, or Pullman and/or passenger cars are furnished for housing or sleeping purposes, a maximum of 4 occupants shall be designated for each car. A minimum of 80 square feet per occupant shall be afforded in each car.
b) Adequate first aid kits shall be provided and maintained for employees housed in camp cars for emergency treatment of injured persons. Each camp car shall contain a permanently wired smoke detector and carbon monoxide detector and a battery backup weather alert radio. Each camp car shall also include emergency evacuation instructions pertinent to the camp location, along with directions to the closet medical treatment facility.
c) Camp cars occupied exclusively by individuals employed for the purpose of maintaining the right-of-way of a railroad shall be located as far as practical from where "switching or humping operations" of "placarded cars" occur, as described in 49 CFR 228.101(c)(3) and (c)(4), respectively. Every reasonable effort shall be made to locate these camp cars at least one-half mile (2,640 feet) from where the switching or humping occurs. In the event employees housed in camp cars located closer than one-half mile from where switching or humping of cars takes place are exposed to an unusual hazard at that location, the employees involved should be housed in other suitable accommodations. An unusual hazard means an unsafe condition created by an occurrence other than normal switching or humping.
d) Sleeping quarters are not considered to be free of interruptions caused by noise under the control of the railroad if noise levels attributable to noise sources under the control of the railroad exceed an Leq (8) value of 55 dB(A), with windows closed and exclusive of cooling, heating and ventilating equipment.
e) A railroad shall, within 48 hours after notice of noncompliance with these requirements, fix the deficient conditions. Where holidays or weekends intervene, the railroad shall fix the condition within 8 hours after the employees return to work. In the event the conditions affect the safety or health of the employees, such as problems with water, cooling, heating, washing, bathing, toilet or eating facilities, the railroad shall provide alternative arrangements for housing and eating until the noncompliant condition is fixed.
f) A railroad shall, within 2 business days after establishing a labor camp in a community or county, notify the local health department with jurisdiction where the labor camp is located and request and permit a health inspection. Upon approval of the facilities, the inspecting health department shall issue a permit and collect a fee from the railroad that is sufficient to cover all costs associated with the inspection and processing of the permit.
g) The employee representatives of each labor craft affected by the establishment of a railroad labor camp shall be notified by the railroad at the same time as the local health department. The employee representatives shall be permitted to take part in the health inspection and shall be provided with a copy of the inspection report prepared by the local health department.
**History**
- *Source: Amended at 33 Ill. Reg. 13802, effective October 1, 2009*
##### **92 Ill. Adm. Code 1545.200** Shelter {#sec-1545.200 omnilex-key=us-il-regs-official--title-92--1545.200}
a) When an employee works regularly at a location (other than a repair track) where shelter is not otherwise available, an employee requesting that shelter be provided shall contact his/her immediate supervisor, and the parties shall make a reasonably good faith effort to resolve the matter.
b) If the matter is not resolved, the employee may contact his/her authorized employee representative and identify the specific location and reasons for the request.
c) If appropriate, the employee representative may initiate an Informal Complaint with the Commission staff under 83 Ill. Adm. Code 200.160. Commission staff shall conduct a joint informal investigation with parties to determine whether shelter should be provided at the location.
d) If, following Commission staff's investigation, the matter remains unresolved, a Formal Complaint under 83 Ill. Adm. Code 200.170 may be initiated.
**History**
- *Source: Amended at 33 Ill. Reg. 13802, effective October 1, 2009*
##### **92 Ill. Adm. Code 1545.210** Lunch Rooms {#sec-1545.210 omnilex-key=us-il-regs-official--title-92--1545.210}
a) General Requirements:
1) When a lunch room is provided by the company, it shall have adequate space and be adequately ventilated, reasonably heated, properly screened, provided with the necessary covered receptacles for the disposal of waste matter and be adequately furnished, provide a means to store and heat food in a sanitary manner, and shall be kept clean and in good care.
2) When an employee seeks to have a lunch room provided at a stationary location or a stationary job site where one is otherwise not provided, and the employee is on duty with sufficient regularity for periods of time long enough to make a lunch room reasonably necessary, the employee shall contact his/her authorized employee representative and identify the specific location and reasons for the request. If appropriate, the employee representative shall contact the railroad's representative and, within 5 days, the employees' representative and the railroad's representative shall jointly inspect the location. After inspection, if the employee representative and the railroad representative do not agree on whether a lunch room should be provided, the employee representative may initiate an Informal Complaint with the Commission staff under 83 Ill. Adm. Code 200.160. Commission staff shall conduct a joint informal investigation with the parties to determine whether a lunch room should be provided at that location. If, following Commission staff's investigation, the matter remains unresolved a Formal Complaint under 83 Ill. Adm. Code 200.170 may be initiated.
b) Camp Cars – Provision of Meals:
1) When kitchen cars or other camp facilities for heated meals are furnished by the company, they shall be provided with adequate equipment for cooking and refrigeration.
2) In lunch rooms where food is served by the company for employees, the food, equipment and facilities shall be subject to the same inspection and regulation as is required in public eating places, generally consistent with the rules and regulations of the Illinois Department of Public Health pertaining to public food establishments.
3) Employees and workers handling and serving food in the lunch rooms described in subsection (b)(2) shall be subject generally to IDPH rules and regulations necessary to the sanitary handling of food.
4) Concessionaire facilities provided by the company in lieu of direct company operations shall comply with this Part with respect to adequate space, adequate food handling facilities and cleanliness.
5) In all camp cars, the food handling facilities shall be clean and sanitary.
6) When separate kitchen and dining hall cars are provided, there shall be a closable door between the living or sleeping quarters into a kitchen or dining hall car.
c) Camp Cars − Consumption of Food and Beverages on the Premises:
1) This Section shall apply only where employees are permitted to consume
food or beverages.
2) No employee shall be allowed to consume food or beverages in a toilet
room or in any area exposed to toxic material.
3) All sewer lines and floor drains from camp cars shall be connected to public sewers where available and practicable, unless the cars are equipped with holding tanks that are emptied in a sanitary manner.
4) An adequate number of receptacles constructed of smooth, corrosion resistant, easily cleanable or disposable materials shall be provided and used for the disposal of waste food. Receptacles shall be provided with a solid tight fitting cover unless sanitary conditions can be maintained without the use of a cover. The number, size and location of receptacles shall encourage their use and not result in overfilling. They shall be emptied regularly and maintained in a clean and sanitary condition.
5) No food or beverages shall be stored in toilet rooms or in an area exposed to a toxic material.
6) In all places of employment where all or part of the food service is provided, the food dispensed shall be free from spoilage and shall be processed, prepared, handled and stored in such a manner as to be protected against contamination.
**History**
- *Source: Amended at 33 Ill. Reg. 13802, effective October 1, 2009*
##### **92 Ill. Adm. Code 1545.220** Cabooses {#sec-1545.220 omnilex-key=us-il-regs-official--title-92--1545.220}
a) Cabooses or Rider Cars – Other Than Yard Cabooses:
In addition to the requirements of the preceding Sections, cabooses or rider cars shall be subject to the following requirements:
1) They shall be equipped with a stove or other heating equipment that will provide a minimum temperature of 65 degrees F. from October 1 to May 15. A sufficient amount of fuel will be available for each trip or shift.
2) Their windows and doors shall be weather-stripped during cold weather and from May 1 to October 15 all caboose windows (except cupola windows) and doors shall be equipped with screens where cabooses are used as sleeping quarters by crews laying over at away-from-home terminals.
3) They shall be maintained in a clean and sanitary condition.
4) They shall be lighted by electricity or other acceptable means so as to furnish at least five-foot candles of reasonably steady illumination at desk top level whenever employees are required to perform clerical work.
b) Cabooses or Rider Cars – Other Than Those Used in Road Service:
In addition to the requirements of the preceding Sections, cabooses or rider cars shall be subject to the following requirements:
1) They shall be equipped with a stove or other heating equipment that will provide a minimum temperature of 65 degrees F. from October 1 to May 15. Sufficient fuel for each trip or shift shall be available.
2) Their windows and doors shall be weather-stripped as required by the season of the year.
3) Windows on all cabooses shall be washed at reasonable intervals.
4) They shall be maintained in a clean and sanitary condition.
##### **92 Ill. Adm. Code 1545.230** Cleanliness and Maintenance {#sec-1545.230 omnilex-key=us-il-regs-official--title-92--1545.230}
a) Frequency of regular and thorough cleaning will be determined in each case by the amount of traffic; in all instances, the frequency of cleaning shall be adequate.
b) Toilets, showers and washrooms shall not be used for storage. Fixtures are to be maintained in proper working order at all times.
c) Floors shall be maintained in a clean and, so far as practicable, dry condition at all times. Where wet processes are used, drainage shall be maintained and false floors, platforms, mats or other dry standing places shall be provided whenever practicable.
d) All camp cars shall be kept clean to the extent that the nature of the work allows.
e) To facilitate cleaning, every floor, working place and passageway shall be kept free from protruding nails, splinters, loose boards, and unnecessary holes and openings.
f) All sweepings, solid or liquid waste, refuse and garbage shall be removed in such a manner as to avoid creating a menace to health and as often as necessary to maintain a sanitary condition.
g) Any exterior receptacle used for putrescible solid or liquid waste shall be constructed so as to not leak and shall be thoroughly cleaned and maintained in a sanitary condition. Any exterior receptacle used for putrescible solid or liquid waste shall be equipped with a tight fitting cover, unless it can be maintained in a sanitary condition without a cover.
h) Camp cars shall be constructed, equipped and maintained as reasonably practicable to prevent the entrance or harborage of rodents, insects or other vermin. An extermination program shall be instituted, if rodents, insects or vermin are detected.
i) Floors shall be of smooth and tight construction and shall be kept in good repair.
j) Rail carriers and their employees share the obligation to keep the facilities clean and in good care. This shall be construed to mean that rail carriers are responsible for the regular and thorough cleaning of all employee facilities, while employees shall use good housekeeping practices.
**History**
- *Source: Amended at 33 Ill. Reg. 13802, effective October 1, 2009*
##### **92 Ill. Adm. Code 1545.300** General Rules {#sec-1545.300 omnilex-key=us-il-regs-official--title-92--1545.300}
In all proceedings arising out of the construction or application of this Part, the Rules of Practice of the Commission, 83 Ill. Adm. Code 200, shall apply.
**History**
- *Source: Amended at 11 Ill. Reg. 15053, effective October 1, 1987*
##### **92 Ill. Adm. Code 1545.310** Waiver {#sec-1545.310 omnilex-key=us-il-regs-official--title-92--1545.310}
A rail carrier may petition the Commission for a waiver of any provision of this Part pursuant to Section 18c-7403 of the Illinois Commercial Transportation Law by providing written notice stating the specific burdens of complying with a particular provision.
**History**
- *Source: Added at 33 Ill. Reg. 13802, effective October 1, 2009*
#### **Part 1546** Employee Walkways in Railroad Yards
##### **92 Ill. Adm. Code 1546.10** Scope {#sec-1546.10 omnilex-key=us-il-regs-official--title-92--1546.10}
a) This Part prescribes that rail carriers must provide walkways adjacent to those portions of yard tracks constructed after February 15, 2005 where rail carrier employees frequently work on the ground performing switching activities.
b) This Part applies to all new construction after February 15, 2005 and to the reconstruction of yard tracks accomplished after the date on which this Part becomes effective.
c) This Part does not apply to tracks constructed in industry yards owned by an entity other than a rail carrier.
##### **92 Ill. Adm. Code 1546.20** General Requirements {#sec-1546.20 omnilex-key=us-il-regs-official--title-92--1546.20}
a) Walkways may be surfaced with asphalt, concrete, planking, grating,
native material, crushed material, or other similar material. When crushed material is used, 100% of the material must be capable of passing through a 1½" square sieve opening and 90-100% of the material must be capable of passing through a 1" square sieve opening, provided, however, a de minimus variation shall not be a violation of this Part in an instance where the rail carrier has made a good faith effort to comply with the percentage requirements. Smaller crushed material is preferable. It should be used where drainage and durability issues do not arise. Material that is ¾" or less in size is recommended for switching lead tracks.
b) Walkways must have a reasonably uniform surface and must be maintained in a safe condition without compromising track drainage.
c) Cross slopes for walkways shall not exceed 1" of elevation for each 8" of horizontal length in any direction.
d) Walkways shall be a minimum width of 2 feet.
e) Walkways within the scope of this Part shall be kept reasonably free of
spilled fuel oil, sand, posts, rocks, and other hazards or obstructions.
##### **92 Ill. Adm. Code 1546.110** New Yard Tracks {#sec-1546.110 omnilex-key=us-il-regs-official--title-92--1546.110}
a) Rail carriers shall provide walkways adjacent to those portions of yard tracks constructed after February 15, 2005 where rail carrier employees frequently work on the ground performing switching activities.
b) For purposes of this Part, frequently shall mean at least 5 days per week, 1 shift
per day.
##### **92 Ill. Adm. Code 1546.120** Other Tracks {#sec-1546.120 omnilex-key=us-il-regs-official--title-92--1546.120}
a) In cases where the Commission finds, after notice and hearing, that rail carrier employees who frequently work adjacent to a portion of track performing switching activities are exposed to safety hazards due to the lack of a walkway or to the condition of a walkway constructed before February 15, 2005 the Commission may order a rail carrier to construct a walkway adjacent to a portion of track where employees are performing switching activities, or require a rail carrier to modify an existing walkway in conformance with the standards set forth in Section 1546.110 within a reasonable period of time.
b) For purposes of this Part, "frequently" shall mean at least 5 days per week, 1 shift
per day or any other period deemed "frequently" enough by the Commission to warrant an order pursuant to this Part.
##### **92 Ill. Adm. Code 1546.130** Compliance {#sec-1546.130 omnilex-key=us-il-regs-official--title-92--1546.130}
Rail carriers shall be excused from complying with this Part during maintenance activities or any period of heavy rain or snow, derailments, rock and earth slides, washouts and similar weather or seismic conditions, and during a reasonable period afterwards to allow a return to compliance.
##### **92 Ill. Adm. Code 1546.140** Waivers {#sec-1546.140 omnilex-key=us-il-regs-official--title-92--1546.140}
A rail carrier may petition the Commission for a waiver of any Section of this Part pursuant to Section 18c-7403 of the Illinois Commercial Transportation Law.
##### **92 Ill. Adm. Code 1546.150** Enforcement {#sec-1546.150 omnilex-key=us-il-regs-official--title-92--1546.150}
a) No formal complaint of an alleged violation of this Part may be filed until the filing party has attempted to address the alleged allegations with the rail carrier. Any complaint of an alleged violation of this Part shall contain a written statement that the filing party has made a reasonable, good faith attempt to address the alleged violation with the rail carrier.
b) All formal complaints filed with the Commission shall be resolved pursuant to procedures set forth in 83 Ill. Adm. Code 200.170.
#### **Part 1550** Motor Vehicles Used by Common Carriers by Rail to Transport Employees to and from Their Places of Employment or During the Course of Their Employment
##### **92 Ill. Adm. Code 1550.10** Purpose, Scope and Application {#sec-1550.10 omnilex-key=us-il-regs-official--title-92--1550.10}
a) The purpose of this Part is to prescribe regulations establishing minimum standards for the safe transportation of employees to and from their places of employment and during the course of their employment.
b) These regulations shall have to apply to every motor vehicle acquired after the effective date hereof, which is designated primarily for highway use and which is used to transport employees whether or not used on a public highway, including motor vehicles regularly assigned to a gang or crew with headquarters or assembly point within Illinois, and including motor vehicles headquartered elsewhere but frequently used in Illinois. Motor vehicles owned or operated prior to effective date hereof are not required to conform with these regulations, but motor vehicles purchased, leased or otherwise acquired after the effective date of these regulations (including those previously used in other states and reassigned for regular use in Illinois, but not including existing vehicles assigned to system gangs even though such system gangs may be temporarily working in Illinois) shall conform hereto. These regulations shall not apply to taxicabs or other vehicles licensed by competent authority to transport the public, and used by a railroad to transport its employees.
c) All owners of such motor vehicles, and their duly appointed agents, and the drivers of such vehicles shall abide by all safety orders issued to them by the Commission.
d) It is recognized that these regulations cannot cover all contingencies, and, accordingly, the Commission, upon written application or upon its own motion, may in a particular case, after notice and hearing, modify or grant exceptions to any of these regulations where their effect is unduly burdensome, or may prescribe higher standards than those herein prescribed where such higher standards are necessary for the safety of employees.
e) In time of emergency, vehicles not complying with these regulations may be used. An emergency shall be considered as existing when rail traffic has been stopped or disrupted (or where there is a threat of stoppage or disruption) because of derailment, accident, storm, fire, flood, or other similar condition. Winter weather requiring the removal of snow and ice from flange ways and switches or station platforms shall not be considered an emergency, except as set forth above.
f) Terms used in these regulations, other than those specifically defined, shall be interpreted in the most commonly accepted sense.
##### **92 Ill. Adm. Code 1550.20** Definitions {#sec-1550.20 omnilex-key=us-il-regs-official--title-92--1550.20}
The following words and phrases as used in this Part shall mean –
"Commission": Illinois Commerce Commission.
"Employee": An individual, subject to a collective bargaining agreement, employed for any period in any work for which he is compensated, whether full or part time, whose regular course of employment relates to the maintenance or construction of the railroad physical plant, or to the operation of trains.
"Employer": A common carrier by rail who employs one or more employees.
"Heating facilities": Hot water radiator-type system, or any other generally acceptable form of heating which does not emit nauseous fumes or gases in the vehicle.
"Material": All items that can be lawfully transported by motor vehicles and used in construction and maintenance.
"Motor vehicle": Any vehicle which is self-propelled and designed primarily for highway use, and which may or may not be equipped with retractable flange wheels for operation on railroad tracks.
"Owner": Any person holding legal title to, or having lawful use of the motor vehicle through contract, lease or otherwise.
"Place of employment": All locations where one or more employees are performing the work incident to their employment.
"Rear compartment": A crew cab, which may be a continuation of the driver's cab, providing additional seating capacity, or an auxiliary cab located directly behind the driver's cab.
"Seating facilities": Seats provided for workers other than the driver.
"Tools": Hand and power tools or machines recognized as the type to be used by the craft to which the motor vehicle is assigned.
##### **92 Ill. Adm. Code 1550.30** Rear Compartments {#sec-1550.30 omnilex-key=us-il-regs-official--title-92--1550.30}
a) A rear compartment may be either a continuation cab or an auxiliary cab.
b) A continuation cab is a standard crew cab as designed and furnished by the motor vehicle manufacturer or as constructed by a motor vehicle body company which is a continuance of the driver's cab, of equal strength, all welded construction. In this type of cab, no communication system between the rear compartment and the driver is required.
c) An auxiliary cab is a rear compartment separated from the driver's cab. It shall be of metal construction (including top), welded or riveted, with interior lining, equipped with adequate padded seats and back rests firmly secured in place. It shall be fastened directly to the frame of the motor vehicle and not to the surface of the bed of the vehicle. When necessary, it shall be equipped with steps and hand holds. Communication between this type of cab and the driver may be in the form of a light mounted on the instrument panel or an audible device that can be operated by the employees riding in the rear compartment. An intercommunication system for actual voice contact may also be used. Communication systems must be kept in good working condition at all times.
d) Both types of cabs shall be provided with a heating system for cold weather and a ventilation system for hot weather, providing heat and ventilation substantially equal to that provided for the driver. Exhaust systems shall be so designed as to prevent exhaust fumes from entering the rear compartment. Heavy duty hinge-type doors shall be provided, equipped with automotive-type safety latches. All windows shall be of safety glass, as required by Illinois law. Where a compartment is equipped with only one door, at least one window shall be of the "knock-out" type and of sufficient size to provide emergency exit for the employees. All vehicles shall have adequate seating capacity for the number of employees carried.
e) Canvas-covered truck beds or shelters built of wood, plywood or light-gauge metal on the bed of the truck shall not be considered as a rear compartment. The vehicles shall be especially built or modified for transporting employees in compartments separate from space used to transport tools, material and equipment for the employees.
##### **92 Ill. Adm. Code 1550.40** Inspection, Testing and Repairs {#sec-1550.40 omnilex-key=us-il-regs-official--title-92--1550.40}
a) All vehicles shall be kept in good repair and safe operating condition at all times, and unsafe vehicles shall not be used to transport employees.
b) Vehicles shall be regularly inspected and tested.
c) Compartments for employees shall be kept in a clean and sanitary condition, and employees shall cooperate in maintaining such conditions.
##### **92 Ill. Adm. Code 1550.50** Safety Equipment Required {#sec-1550.50 omnilex-key=us-il-regs-official--title-92--1550.50}
a) All vehicles used for the transportation of employees shall carry an adequate first-aid kit suitable for the number of employees transported.
b) Each vehicle used to transport employees shall be equipped with either a two pound dry chemical type, or a four pound carbon dioxide type fire extinguisher approved by the Underwriters Laboratories, Inc. These are minimum capacities. Toxic vaporizing liquid type fire extinguishers, such as those containing carbon tetrachloride or chlorobromethane, will not be permitted.
c) Racks, boxes, holsters or equivalent means shall be provided and arranged so employees will not be endangered by tools or equipment while being transported, loaded or removed.
d) To prevent materials being transported on flatbed trucks from shifting against cab or rear compartment, a suitable front end gate must be provided.
##### **92 Ill. Adm. Code 1550.60** Drivers, Operation, Employees' Duties {#sec-1550.60 omnilex-key=us-il-regs-official--title-92--1550.60}
a) Only authorized, experienced, competent, qualified and licensed drivers, not less than 18 years of age, shall be permitted to operate vehicles used to transport employees.
b) When the driver's compartment is separate from the compartment used to transport employees, the signals adopted for use on the communication system shall be simple and understood by both driver and employees.
c) No vehicles shall be loaded beyond its safe carrying capacity, or beyond its licensed capacity when in use on public streets or highways. No motor vehicle shall be driven if it is so loaded, or if the load thereon is so distributed or so inadequately secured as to prevent safe operation.
d) No motor vehicle shall be driven when anything in, on or attached to the vehicle obscures the driver's view ahead or to either side, or interferes with the free movement of his arms or legs, or prevents his free and ready access to his controls and emergency equipment, or prevents the free and ready exit of any person from the vehicle.
e) All vehicles transporting employees shall observe all Motor Vehicle Laws of this state.
f) No explosives (except flagging equipment) shall be hauled on any vehicle while it is engaged in transporting employees. This rule shall not prohibit the driver and one qualified powder man from riding in a vehicle in which explosives are being hauled.
g) Gasoline and other low flash point liquids shall not be hauled in vehicles transporting employees except when in Underwriters Laboratory approved safety containers or in containers meeting with the current specifications of the Interstate Commerce Commission or its successor. Such containers shall be carried in a safe, suitable location outside the passenger compartment as far from the compartment as possible and where they will not block exit from the vehicle, firmly secured to prevent shifting.
h) Occupants shall not ride with any part of their bodies extending out over the side of the vehicle.
i) Employees wearing equipment which might injure a fellow employee (spurs, exposed sharp tools, and the like) shall remove such equipment before entering any vehicle in which employees are being transported.
j) Scuffling or horseplay while riding in any vehicle is prohibited.
k) Any hazardous condition or defect of a motor vehicle or unsafe practice of the driver or employees riding in vehicles used to transport employees shall be reported in writing to the employer or supervisor as soon as possible by any employee having knowledge of such conditions.
#### **Part 1605** Hazardous Materials
##### **92 Ill. Adm. Code 1605.10** Adoption of Federal Regulations by Reference {#sec-1605.10 omnilex-key=us-il-regs-official--title-92--1605.10}
a) The following parts of 49 CFR, as of October 1, 2001, are adopted by reference as regulations of the Illinois Commerce Commission for the transportation of hazardous materials by rail carriers.
1) Part 171 (except sections 15 and 16);
2) Part 172;
3) Part 173 (except sections 27 and 33);
4) Part 174;
5) Part 177.817(c);
6) Part 178 (except subpart J);
7) Part 179; and
8) Part 180 (except subpart E).
b) No incorporation in this Part of the Code of Federal Regulations involves any later amendment or edition.
**History**
- *Source: Amended at 29 Ill. Reg. 19183, effective December 1, 2005*
### **Subchapter d** Relocation Towing
#### **Part 1710** Relocation Towing
##### **92 Ill. Adm. Code 1710.10** Definitions {#sec-1710.10 omnilex-key=us-il-regs-official--title-92--1710.10}
The following terms, when used in this Part, shall have the meanings ascribed to them in this Section.
"Addendum". A supplement to an existing lease.
"Air Mile". A distance of 5,280 feet as depicted on the Official Illinois Highway Map, by reference to the distance scale shown on that map, without regard to roads, streets or routes.
"Commission". The Illinois Commerce Commission.
"Equipment". Any truck designed or altered and equipped for and used to push, tow or draw vehicles by means of a crane, hoist, tow bar, towline or auxiliary axle, and rollback carriers when used to transport vehicles.
"Heavy Duty Relocation". The relocation of a vehicle that, if towed, would require use of heavy duty tow equipment for safe removal and transportation, in compliance with applicable law, and without undue risk of damage to the vehicle being relocated or the property from which the vehicle is relocated.
"Heavy Duty Tow Equipment". A tow truck or truck tractor designed to safely transport vehicles weighing more than 26,000 pounds.
"Law". The Illinois Commercial Relocation of Trespassing Vehicles Law [625 ILCS 5/Ch. 18a].
"Lease". A written document vesting possession, use, control and responsibility in the lessee during the periods the vehicle is operated by or for the lessee.
"Lessee". In a lease, the party acquiring the use of equipment, with or without driver, from another.
"Lessor". In a lease, the party granting the use of equipment, with or without driver, to another.
"Medium Duty Relocation". The relocation of a vehicle that, if towed, would require use of medium duty tow equipment for safe removal and transportation, in compliance with applicable law and without undue risk of damage to the vehicle being relocated or the property from which the vehicle is relocated.
"Medium Duty Tow Equipment". A tow truck or truck tractor designed to safely transport vehicles weighing more than 8,000 pounds but not more than 26,000 pounds.
"Operated under Authority of a Relocator's License". A vehicle is being operated under authority of a relocator's license while:
on patrol;
from the time the vehicle is dispatched to perform a call tow until it arrives on the property from which a trespassing vehicle is to be relocated;
while towing a trespassing vehicle from the property where it was trespassing to the relocator's storage lot;
while at the relocator's storage lot until the vehicle is dropped; and
while transporting a driver to the property where a vehicle is trespassing, awaiting removal of the vehicle from such property by driving, and accompanying the trespassing vehicle as it is driven back to the relocator's storage lot.
"Owner". A person to whom title to equipment has been issued or who, without title, has the right to exclusive use of equipment, for a period longer than 30 days, or who has lawful possession of equipment, registered and licensed in any state in the name of that person.
"Public Property". Property that is publicly funded through tax revenues and that is accessible to the public.
"Relocated", "Relocating", and "Relocation". Refer to the towing of trespassing vehicle from private property. A tow from public property is not a relocation tow. A tow from private property pursuant to explicit authorization from the vehicle owner or owner's agent is not a relocation tow.
"Spotter". Any person who, as an employee or agent of a commercial vehicle relocator, observes vehicles and drivers entering a parking lot to identify trespassing vehicles and then contacts the relocator or an operator to remove the trespassing vehicle.
"Truck Tractor". Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. [625 ILCS 5/1-2 12]
**History**
- *Source: Amended at 34 Ill. Reg. 18470, effective January 1, 2011*
##### **92 Ill. Adm. Code 1710.20** Application Forms {#sec-1710.20 omnilex-key=us-il-regs-official--title-92--1710.20}
Applications for relocator's, operator's or dispatcher's licenses shall be made by completing and filing copies of the Commission's Relocator's License Application, Operator's License Application, and Dispatcher's License Application forms.
##### **92 Ill. Adm. Code 1710.21** Notice of Application {#sec-1710.21 omnilex-key=us-il-regs-official--title-92--1710.21}
Notice of relocator's license applications shall be published in accordance with 92 Ill. Adm. Code 1202 and also published in a secular newspaper of general circulation and published in the county where the applicant proposes to maintain its principal office and principal place of business in Illinois [625 ILCS 5/18a-400(c)].
**History**
- *Source: Amended at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.22** Policy on Applications {#sec-1710.22 omnilex-key=us-il-regs-official--title-92--1710.22}
a) Relocator's Licenses.
1) The Commission shall consider, with regard to applications for new or renewed relocator's licenses, the criminal conviction records (see Section 1710.22(b)(1)) of the applicant, its owners or controllers, directors, officers, members, managers, employees and agents; the safety record of those persons; the compliance record of those persons; the equipment, facilities and storage lots of the applicant; and other facts that may bear on their fitness to hold the license.
2) The Fitness Test.
A) No person shall be deemed fit to hold a relocator's license unless the person:
i) Owns, or has exclusive possession of under a written lease with a term of at least 1 year, at least one storage lot that meets the requirements of Subpart M;
ii) Employs sufficient full-time employees at each storage lot to comply with Section 1710.123;
iii) Owns or has under exclusive lease at least 2 tow trucks dedicated to use under the relocator's license;
iv) Employs at least 2 individuals who will work as the relocator's operators; and
v) Is in compliance with Section 4 of the Illinois Workers' Compensation Act [820 ILCS 305/4].
B) If the person is an applicant for a new relocator's license or the extension of a relocator's license, the requirements of subsection (a)(2)(A) must be met at the time of the hearing.
C) If the person is an applicant for renewal of a relocator's license, the requirements of subsection (a)(2)(A) must have been met throughout the previous year.
D) Each applicant for a relocator's license shall have the burden of proving its fitness by clear and convincing evidence.
b) Operator's and Dispatcher's Employment Permits.
1) The Commission shall consider, with regard to applications for new or renewed operator's and dispatcher's employment permits, any record of the applicant of convictions involving injury or death to persons, use of a deadly weapon, injury to property, or unlawful taking of property; crimes relevant to the determination of the credibility of a witness; or of violation of the Law or this Part.
2) No provisional employment permits shall be issued to persons who have been convicted of crimes specified in subsection (b)(1) within the 5 year period preceding filing of the application, or to persons who are defendants in pending criminal proceedings involving those crimes. The Commission may deny a provisional employment permit to any person with a record of violations of the Law or this Part. In determining whether to deny a provisional employment permit on the basis of violations of the Law or this Part, the Commission will consider such factors as the type of violation, when the violation occurred, and the age of the applicant at the time of the violation. The Commission may also deny a provisional employment permit on the basis of the applicant's criminal or driving record, in the case of an application for a provisional operator's employment permit, or on the basis of the applicant's criminal record, in the case of an application for a provisional dispatcher's employment permit. In determining whether to deny a provisional employment permit on the basis of a criminal or driving record, the Commission will consider such factors as the type of crime, when the crime occurred, and the age of the applicant at the time of the incident.
3) When the applicant has a record of convictions for crimes specified in subsection (b)(1), or the applicant was convicted for those crimes, or the applicant was convicted more than 5 years prior to filing the application, or the applicant has a record of violations of the Law or this Part, the application for a permanent employment permit shall be set for hearing.
4) Applications for operator's employment permits shall be accompanied by written proof from the Secretary of State that the applicant has a valid driver's license.
5) No person under the age of 18 years shall be issued an operator's employment permit.
6) A spotter must obtain a dispatcher's or operator's employment permit prior to performing spotting services for a relocator.
c) In making the finding that an applicant previously convicted constitutes no threat to public safety (see 625 ILCS 5/18a-404(c)), the Commission will consider such factors as the findings of the convicting court, the sentence imposed, the age of the applicant at the time of conviction, the age at the time of application, the nature of the arrest, and the length of time since the arrest that resulted in the conviction.
**History**
- *Source: Amended at 34 Ill. Reg. 18470, effective January 1, 2011*
##### **92 Ill. Adm. Code 1710.30** Licenses Conditioned Upon Compliance {#sec-1710.30 omnilex-key=us-il-regs-official--title-92--1710.30}
Each license issued to a relocator, operator, or dispatcher is conditioned upon compliance with the provisions of the Law and this Part. Operations in violation of the Law or this Part are unauthorized and render the license subject to suspension or revocation.
##### **92 Ill. Adm. Code 1710.31** Licenses to Be Carried by Holder {#sec-1710.31 omnilex-key=us-il-regs-official--title-92--1710.31}
a) Each vehicle operator under authority of a relocator's license must carry a copy of the license in its cab. The copy shall be presented to any investigator or enforcement officer of the Commission on request.
b) Each operator and dispatcher must carry the operator's or dispatcher's license issued to him at all times while on duty. The license shall be presented to any investigator or enforcement officer of the Commission on request.
**History**
- *Source: Amended at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.32** Alteration of Licenses {#sec-1710.32 omnilex-key=us-il-regs-official--title-92--1710.32}
No relocator, operator, or dispatcher shall alter, mark, or in any manner change the appearance of a license issued by the Commission. Any alteration, marking, or change in the appearance of a license shall render the license invalid.
##### **92 Ill. Adm. Code 1710.33** Relocator's Endorsement of Operator's and Dispatcher's Employment Permits {#sec-1710.33 omnilex-key=us-il-regs-official--title-92--1710.33}
a) Operators and dispatchers are authorized to operate only under authority of a relocator's license. As evidence that operations are under authority of a relocator's license, an owner or officer of the relocator must endorse the employment permit by completing a form showing:
1) The name and employment permit number of the operator or dispatcher as they appear on the operator's or dispatcher's employment permit;
2) The name and employment permit number of the relocator, as they appear on the relocator's license; and
3) A statement that "the referenced employment permit is endorsed by the referenced relocator", followed by the signature of the owner or officer and a statement of the capacity of the signatory.
b) Endorsements of an operator's or dispatcher's employment permit, once made by a relocator, shall become effective only when a copy is filed with the Commission. The endorsement shall remain in effect until written notice of cancellation is filed with the Commission.
c) Operation under an operator's or dispatcher's employment permit that does not have a valid, current endorsement by a licensed relocator is not authorized by the relocator's license and shall constitute relocating without a license in violation of Section 18a-300(1) of the Law [625 ILCS 5/18a-300(1)].
d) Employment or use of any operator who does not have a valid, current endorsement by the relocator shall constitute the employment or use of an unlicensed operator in violation of Section 18a-300(2) of the Law [625 ILCS 5/18a-300(2)].
e) Employment or use of any dispatcher who does not have a valid, current endorsement by the relocator shall constitute the employment or use of an unlicensed dispatcher in violation of Section 18a-300(3) of the Law [625 ILCS 5/18a-300(3)].
f) A valid, current endorsement shall be affixed to and carried in the vehicle with the operator's employment permit at all times when the vehicle is being operated under authority of the relocator's license.
**History**
- *Source: Amended at 34 Ill. Reg. 18470, effective January 1, 2011*
##### **92 Ill. Adm. Code 1710.34** Status of License Upon Death of Business Owner {#sec-1710.34 omnilex-key=us-il-regs-official--title-92--1710.34}
a) The death of a sole proprietor immediately terminates the relocator's license issued to the sole proprietorship.
b) The death, dissolution or termination of one partner immediately terminates the relocator's license issued to the partnership.
c) The death, dissolution or termination of a sole shareholder immediately terminates the relocator's license issued to the corporation except when:
1) The deceased shareholder's heirs at law, legatees under a valid will, or a successor entity acquire all of the deceased shareholder's shares of stock of the corporation; and
2) The corporation, within 30 days after the sole shareholder's death, dissolution or termination, applies for a new relocator's license identifying the new shareholder or shareholders identified in subsection (c)(1).
d) A corporation with an application filed pursuant to subsection (c) may not operate under its original relocator's license for a period greater than 365 days after the date of the sole shareholder's death, dissolution or termination, unless the application has been fully prosecuted and the record marked "heard and taken" in accordance with the Commission's Rules of Practice (83 Ill. Adm. Code 200.870 and 200.875) or when granted permission by the administrative law judge presiding over the licensing proceeding.
e) When a corporation holding a relocator's license has multiple shareholders, the death, dissolution or termination of a shareholder immediately terminates the relocator's license issued to the corporation except when:
1) The remaining shareholder or shareholders acquire all of the deceased shareholder's interests in the corporation; and
2) The corporation, within 30 days after the death, dissolution or termination of the shareholder, notifies the Commission in writing of the death, dissolution or termination of the shareholder and the manner in which the heirs, legatees or successor will acquire the share of the corporation.
f) If the Commission does not receive the appropriate filings under subsections (c) and (e) within the 30 day limit, the Commission shall immediately terminate the relocator's license and the corporation shall cease its relocation towing operations.
g) The death of a member of a limited liability company shall be treated in the same manner as the death of a shareholder of a corporation.
**History**
- *Source: Added at 34 Ill. Reg. 18470, effective January 1, 2011*
##### **92 Ill. Adm. Code 1710.35** Status of License Upon Application for Renewal {#sec-1710.35 omnilex-key=us-il-regs-official--title-92--1710.35}
a) Applications for renewal of a relocator's license shall be filed with the Commission no earlier than 90 days and no later than 45 days prior to the license expiration date.
b) Relocators that file an application for renewal within the time frame set forth in subsection (a) may continue their relocation towing operations until the Commission enters a final order regarding the renewal application.
c) Relocators that fail to file an application for renewal within the time frame set forth in subsection (a) must cease relocation towing operations on the license expiration date and may not conduct relocation towing operations until the Commission enters a final order regarding the renewal application or the relocator demonstrates to the Commission good cause for why it should be permitted to continue operating while the late-filed application is pending.
**History**
- *Source: Added at 34 Ill. Reg. 18470, effective January 1, 2011*
##### **92 Ill. Adm. Code 1710.36** Retention of Relocator License and Permit Numbers and Contracts {#sec-1710.36 omnilex-key=us-il-regs-official--title-92--1710.36}
Upon the issuance of a new relocator's license to a corporation or limited liability company that already holds a relocator's license, but that has applied for a new relocator's license due to the death, dissolution or termination of a shareholder or member:
a) The corporation or limited liability company may, upon request, retain its relocator's license (RTV) number;
b) Operator's and dispatcher's employment permits endorsed by the corporation or limited liability company under the existing relocator's license shall remain valid under the new relocator's license; and
c) Contracts executed by the corporation or limited liability company under the existing relocator's license shall be deemed to be contracts under the new relocator's license, and contract summary forms filed under the existing relocator's license shall be deemed to be filings under the new relocator's license.
**History**
- *Source: Added at 34 Ill. Reg. 18470, effective January 1, 2011*
##### **92 Ill. Adm. Code 1710.40** Relocating Vehicles from Authorized Spaces {#sec-1710.40 omnilex-key=us-il-regs-official--title-92--1710.40}
a) No vehicle shall be relocated if it is parked in a space on private property where it is authorized to be parked.
b) Relocated vehicles must be towed directly from the initial point of the tow to the relocator's facility that is indicated on the relocator's signs posted on the property in conformance with Section 1710.51.
c) No vehicle owned by a law enforcement agency, the name of which is clearly marked on the exterior of the vehicle or on a placard displayed on the dashboard, shall be relocated if it is parked on private property for a law enforcement purpose.
d) Law enforcement owned vehicles that are relocated while being utilized in an undercover manner for investigative purposes shall be released without the assessment of any storage or towing fees when the relocator is provided written confirmation from the agency's commanding officer on law enforcement agency letterhead verifying that the agency's vehicle was on private property in an official capacity.
**History**
- *Source: Amended at 34 Ill. Reg. 18470, effective January 1, 2011*
##### **92 Ill. Adm. Code 1710.41** Relocating Vehicles from Private Property Without Authorization from Property Owner {#sec-1710.41 omnilex-key=us-il-regs-official--title-92--1710.41}
a) No vehicle shall be relocated from private property without express, written authorization from the property owner, lessee, or agent in conformance with Section 1710.91.
b) The authorization must either direct the relocator to remove the specific vehicle in question or authorize the relocator to remove all unauthorized vehicles from the property.
**History**
- *Source: Amended at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.42** Relocation of Vehicles Not in Accordance with Proper Posting {#sec-1710.42 omnilex-key=us-il-regs-official--title-92--1710.42}
a) No vehicle shall be relocated from a lot which does not, at the time of the tow and for at least 24 hours prior thereto, have signs posted in compliance with this Part.
b) No vehicle shall be relocated to a storage lot or facility that is not identified on signs posted in compliance with Section 1710.50 at the location from which the vehicle is relocated. No vehicle shall be subsequently transported to any other lot or facility except in compliance with Section 1710.134.
**History**
- *Source: Amended at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.43** Relocating Vehicles Where Owner or Driver Is Present {#sec-1710.43 omnilex-key=us-il-regs-official--title-92--1710.43}
No vehicle shall be relocated where the owner of the vehicle or the owner's agent is present or arrives on the scene before the vehicle is completely removed from the private property, produces the ignition key to the vehicle, and the owner or agent is able and does immediately remove the vehicle from the private property.
**History**
- *Source: Amended at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.44** Unsafe Operation of Vehicles Prohibited {#sec-1710.44 omnilex-key=us-il-regs-official--title-92--1710.44}
a) No relocator shall operate any vehicle that does not conform to the applicable requirements of:
1) 625 ILCS 5/13-111 and 13-114, regarding safety inspections and display of Certificates of Safety; and
2) 625 ILCS 5/12-606, regarding identification, equipment and insurance of tow trucks.
b) No one other than the holder of a valid operator's employment permit endorsed by the relocator shall ride in the cab of a vehicle being operated under authority of a relocator's license.
**History**
- *Source: Amended at 34 Ill. Reg. 18470, effective January 1, 2011*
##### **92 Ill. Adm. Code 1710.45** Transacting Business at Unauthorized Locations {#sec-1710.45 omnilex-key=us-il-regs-official--title-92--1710.45}
No relocator, relocator agent, or operator shall transact any part of the relocator's business, other than the identification of vehicles to be relocated and the transportation of relocated vehicles to the relocator's storage lot, at any location until after the relocator has given notice of the location to the Commission in accordance with this Part.
**History**
- *Source: Amended at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.46** Operations at Locations Where the Relocator Is Not Authorized to Operate {#sec-1710.46 omnilex-key=us-il-regs-official--title-92--1710.46}
a) No relocator shall post a sign at a location in an incorporated area more than 10 air miles from a storage lot to which the relocator can relocate vehicles in compliance with this Part.
b) No relocator shall post a sign at a location in an unincorporated area more than 15 air miles from a storage lot to which the relocator can relocate vehicles in compliance with this Part.
c) No relocator shall tow a vehicle from public property under the authority of its relocator's license.
**History**
- *Source: Amended at 34 Ill. Reg. 18470, effective January 1, 2011*
##### **92 Ill. Adm. Code 1710.47** Certain Types of Compensation to Relocators Prohibited {#sec-1710.47 omnilex-key=us-il-regs-official--title-92--1710.47}
a) Except as provided in subsection (b), no relocator shall demand, collect or receive anything of value or compensation for or in relation to its relocation business:
1) From the property owner, lessee or their agents, or from any person other than the relocated vehicle's owner or the owner's agent, except according to terms in the contract entered into between the property owner or lessee and the relocator;
2) From the vehicle owner, lessee or their agents:
A) Greater than the amount indicated on the signs posted on the private property from which the vehicle was relocated;
B) Greater than or other than the rates prescribed by the Commission; or
C) If the relocation was not performed in compliance with the Law and this Part.
b) Storage fees prescribed by the Commission need not be posted on signs at locations from which vehicles are towed, but must be posted at locations at which vehicles may be reclaimed.
c) The amount of any increase in the price charged by the Commission for a Relocation Tow Record Form or Relocation Tow Record Number that the relocator is permitted by Section 1710.170(e) to add to the otherwise applicable rate need not be posted on signs at locations from which vehicles are towed, but must be posted at locations at which vehicles may be reclaimed.
**History**
- *Source: Amended at 34 Ill. Reg. 18470, effective January 1, 2011*
##### **92 Ill. Adm. Code 1710.48** Compensation to Property Owners and Others {#sec-1710.48 omnilex-key=us-il-regs-official--title-92--1710.48}
a) No rebate, payment of money, or any other valuable consideration shall be paid for the privilege of removing or towing vehicles by the relocator, its agents, or employees to the owners or operator of the premises from which a vehicle is removed or towed.
b) No person other than a director, officer, partner, stockholder, employee, or agent of the relocator shall receive from a relocator anything of value or compensation for or in relation to the relocator's business.
**History**
- *Source: Amended at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.50** Posting Requirements {#sec-1710.50 omnilex-key=us-il-regs-official--title-92--1710.50}
Signs meeting the specifications of Section 18a-302 of the Law [625 ILCS 5/18a-302] and Section 1710.51 shall be posted on each lot from which a relocator is authorized to remove unauthorized vehicles. Such signs must be posted at least 24 hours before any vehicle is relocated from the lot.
**History**
- *Source: Amended at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.51** Sign Specifications {#sec-1710.51 omnilex-key=us-il-regs-official--title-92--1710.51}
a) Those portions of the sign warning that unauthorized vehicles will be relocated must be in characters at least 3 inches in height, in colors contrasting with the background of the sign. Other portions of the sign must be in characters at least 1 inch in height, in colors likewise contrasting with the background of the sign.
b) Each sign must contain the following information:
1) A warning that unauthorized vehicles will be relocated;
2) The full legal name of the relocator as it appears on the relocator's license, the address and telephone number of the relocator, and the address and telephone number of the location to which the vehicle will be relocated and at which it can be reclaimed, if different from the address of the relocator;
3) The maximum fee which the relocator will charge the vehicle's owner or owner's agent as a condition of reclaiming the vehicle, and any restrictions on the form of payment which will be accepted by the relocator, provided that no sign shall indicate a restriction on the form of acceptable payment that is contrary to Section 1710.122(a); and
4) The hours during which the owner or owner's agent can reclaim the vehicle, and when the relocator is closed to the public due to observation of holidays or otherwise. To the extent that a sign does not show limitation on hours or days when the vehicle can be reclaimed, the sign shall constitute a representation that the vehicle can be reclaimed at any time or on any day.
c) Such signs must be free of any natural or man-made interference and visible from each entrance and exit, both during the day and night, and, where there are no entrances or exits designated by curb cut or otherwise, such signs must be located within 100 feet of any space from which vehicles may be relocated.
d) No more than one location to which the vehicle may be relocated and at which the vehicle can be reclaimed shall be identified on any sign or posted at any lot from which vehicles may be relocated.
e) All posting is subject to Commission inspection and approval.
**History**
- *Source: Amended at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.52** Removal of Signs {#sec-1710.52 omnilex-key=us-il-regs-official--title-92--1710.52}
a) The relocator must remove all signs from private property within 10 days after:
1) the relocator receives notice of termination of the contract; or
2) the contract with property owner, lessee or agent expires; or
3) authorization from the property owner, lessee or agent is withdrawn.
b) Only the following persons are permitted to remove relocation towing signage:
1) The relocator whose name appears on the signage;
2) The property owner, lessee or agent; or
3) Another relocator if:
A) The relocation contract pursuant to which the signage was posted has been terminated and the 10 day period in subsection (a) has expired; and
B) The relocator is requested, in writing, by the property owner, lessee or agent to remove the signage, and the relocator retains that request as part of its business records.
**History**
- *Source: Amended at 34 Ill. Reg. 18470, effective January 1, 2011*
##### **92 Ill. Adm. Code 1710.60** Vehicle Identification Requirement {#sec-1710.60 omnilex-key=us-il-regs-official--title-92--1710.60}
Except as provided in this Section, each vehicle operated under authority of a relocator's license must bear the full legal name of the relocator, as it appears on the relocator's license, together with the address and telephone number of the relocator. This information shall be in characters not less than 2 inches in height, and in colors contrasting with the color of the background against which the information is painted or printed. All identification must be painted or firmly affixed to both sides of the cab of the vehicle. No other name, address or telephone number of a relocation service shall be visible to the public while the vehicle is being operated under authority of the relocator's license.
**History**
- *Source: Amended at 34 Ill. Reg. 18470, effective January 1, 2011*
##### **92 Ill. Adm. Code 1710.70** Licenses Conditioned Upon Compliance with Insurance Requirements {#sec-1710.70 omnilex-key=us-il-regs-official--title-92--1710.70}
A license issued by the Commission to a relocator has force and effect only while the carrier is in compliance with requirements for the filing of proof of insurance or bond coverage.
##### **92 Ill. Adm. Code 1710.71** Proof of Insurance or Bond Coverage {#sec-1710.71 omnilex-key=us-il-regs-official--title-92--1710.71}
a) Proof of insurance or bond coverage or cancellation shall be on forms E, H, and K prescribed by the Commission or on forms prescribed by the Interstate Commerce Commission (now the Federal Highway Administration) under 49 CFR 1023 as of December 1, 1986. The filing of such proof shall constitute acceptance of the minimum terms required by Section 18a-301 of the Law [625 ILCS 5/18a-301], prescribed in this Part, or such higher levels of coverage as stated in the policy or set forth on the certificate of insurance, and shall bind the insurance company thereto. Such coverage shall remain in effect until a cancellation form is filed with the Commission or the coverage is superseded by filing a subsequent certificate of insurance.
b) No incorporation in this Section adopts any later amendments or editions.
**History**
- *Source: Amended at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.72** Relocator's Liability {#sec-1710.72 omnilex-key=us-il-regs-official--title-92--1710.72}
a) The relocator's liability shall extend to all operations by or under authority of the relocator's license, regardless of whether the operations involve equipment owned by or leased to the relocator.
b) The relocator's insurance shall cover all operations conducted by or under the authority of the relocator's license, regardless of whether the operations involve equipment owned by or leased to the relocator.
##### **92 Ill. Adm. Code 1710.80** Notification of Law Enforcement Agencies {#sec-1710.80 omnilex-key=us-il-regs-official--title-92--1710.80}
a) Not later than 1 hour after a vehicle is relocated, the relocator shall notify the law enforcement agency having jurisdiction in the area from which the vehicle was relocated. The notification shall be confirmed in writing by first class U.S. mail within 24 hours after the vehicle is relocated and shall include all information set forth in subsection (c). Law enforcement agencies may prescribe a method of notification other than U.S. mail. Relocators must maintain records documenting the notification, the method of notification used, and the law enforcement agency's request to use a method of notification other than U.S. mail.
b) Any relocator in possession of a vehicle that has remained unclaimed for a period of 15 days after having been towed shall, within 5 days after the expiration of that period, report the vehicle as unclaimed. The report shall be made to the municipal police having jurisdiction over the location from which the vehicle was towed if the vehicle was towed from a location within the corporate limits of any city, village or incorporated town. The report shall be made to the County Sheriff or State Police having jurisdiction over the location from which the vehicle was towed if the vehicle was towed from a location that is outside of the corporate limits of a city, village or incorporated town.
c) Notification shall include:
1) The name, address and telephone number of the relocator;
2) The license number of the relocator;
3) The color, make, model and license number of the vehicle relocated;
4) The date and time of the relocation;
5) The address of the property from which the vehicle was relocated, and the address to which the vehicle was relocated; and
6) the Vehicle Identification Number (VIN).
**History**
- *Source: Amended at 34 Ill. Reg. 18470, effective January 1, 2011*
##### **92 Ill. Adm. Code 1710.81** Notification of the Commission {#sec-1710.81 omnilex-key=us-il-regs-official--title-92--1710.81}
a) The Commission must be notified in writing of the address and telephone of each facility at which the relocator will conduct any part of its business before any business may be transacted by the relocator at that location. Locations subject to this requirement include offices, dispatching stations, storage yards, and any other locations used in the conduct of the relocator's business.
b) The relocator must notify the Commission in writing of any change in the names and addresses of persons who hold greater than 5 percent ownership or control in the relocator. Such notification must be given within 7 calendar days after the change occurs.
c) Criminal Records.
1) The relocator must notify the Commission immediately in writing of the arrest or conviction of any owner, controller, director, officer, employee or agent of a relocator for crimes of the type which would be considered in granting or denying a relocator's license.
2) Any owner, controller, director, officer, employee, or agent of a relocator must notify the relocator immediately, in writing, of his or her arrest or conviction for crimes of the type which would be considered in granting or denying a relocator's license.
d) The relocator must notify the Commission immediately in writing of the employment, termination or leave of absence of any operator or dispatcher. The actions of an operator or dispatcher within the scope of his employment will be imputed to the relocator until the receipt stamp or postmark date of the notice of termination or leave of absence.
**History**
- *Source: Amended at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.90** Records of Individual Relocation Tows (repealed) {#sec-1710.90 omnilex-key=us-il-regs-official--title-92--1710.90}
**History**
- *Source: Repealed at 14 Ill. Reg. 10310, effective July 1, 1990*
##### **92 Ill. Adm. Code 1710.91** Written Authorizations to Relocate/Contracts {#sec-1710.91 omnilex-key=us-il-regs-official--title-92--1710.91}
a) Each relocator shall maintain a file of all written authorizations to relocate vehicles, and of contracts relating to the relocation of vehicles.
b) Each contract between a relocator and one or more property owners, lessees or agents shall state:
1) The name of the relocator and all other parties to the contract;
2) The location of each property to which the contract applies;
3) A description of all services to be provided by the relocator; and
4) A description of all compensation to be received by the relocator.
c) Each contract shall also provide that:
1) Signs posted on the property in compliance with this Part are the property of the relocator;
2) The relocator has the right to enter the property for purposes of posting and removing signs;
3) The contract shall not be terminated except on 10 days notice; and
4) The contract is the exclusive statement of terms between the parties.
d) The provisions required under subsection (c) shall be implied if not expressly stated in the contract.
e) The provisions of subsections (c)(1) and (c)(2) shall remain in effect until all signs have been removed by the relocator, notwithstanding the termination of the contract for other purposes.
f) Contract Summary.
1) No authorization to tow or contract shall be effective until a completed copy of the Commission's Relocator Contract Summary form covering the authorization or contract has been electronically filed with and accepted by the Commission.
2) Only one authorization to tow or contract shall be in effect for any lot at any time. No other authorization or contract shall become effective until the prior authorization has been cancelled and notice of cancellation is filed with the Commission.
3) Relocator Contract Summaries shall be filed electronically with the Commission. Summaries shall state whether trespassing vehicles will be removed from the property on a patrol basis or only when contacted by the property owner, lessee or agent. When a contract permits removal of trespassing vehicles by both a property owner's request and a patrol basis, the relocator shall file that contract as a patrol contract. When one authorization to tow applies to multiple parking lot locations, each address shall be filed electronically with the Commission.
4) Notices of cancellation shall be filed with the Commission, by first class U.S. mail or hand delivery, at the following address:
Illinois Commerce Commission Police
9511 West Harrison Street
Des Plaines, Illinois 60016
g) Relocators shall, at least once prior to December 31, 2013 and once during each 3 year period thereafter, attempt to contact the property owners, lessees and agents under contract with the relocator to update their contract files, and shall update information on file with the Commission if updated information is obtained through this process. Relocators shall document their efforts to contact property owners, lessees and agents.
h) Written authorization to relocate vehicles shall continue in effect, notwithstanding a change in ownership or management of the property, until the contract is cancelled by filing a Notice of Cancellation in accordance with Section 1710.91(f)(4). Any authorization to tow or contract entered into with a property owner, lessee or agent after November 1, 2010 shall contain a printed statement that:
"This authorization to relocate vehicles shall continue in effect notwithstanding a change in ownership or management of the property until the contract is cancelled by filing a Notice of Cancellation in accordance with Section 1710.91(f)(4)."
**History**
- *Source: Amended at 34 Ill. Reg. 18470, effective January 1, 2011*
##### **92 Ill. Adm. Code 1710.92** Accounting and Maintenance of Books and Records {#sec-1710.92 omnilex-key=us-il-regs-official--title-92--1710.92}
a) Each relocator shall comply with generally accepted accounting principles for use in the keeping and recording of their accounts and bookkeeping records.
b) As generally accepted accounting principles, the Commission incorporates by reference "Accounting Standards" (June 1992) of the Financial Accounting Standards Board.
c) Each relocator shall keep its general accounting books and all other books, records and memoranda which support in any way the entries to such accounting books and analyses of general ledger account balances so that it can furnish at any time full information as to any account. Moreover, it shall support each entry to each account with such detailed information as will provide a ready analysis and verification of the facts recorded therein. All expenditures must be definitely supported by vouchers, payrolls, receipted bills, canceled checks, receipts for petty cash payments, or other evidence of the expenditures incurred. All revenues must be supported by freight bills or, in the case of income from a lease, other documentation which evidences the revenue received.
d) The books referred to in this Section include not only books of account in a limited technical sense but all other correspondence, memoranda, etc., that will be useful in developing the history of or facts regarding any transaction.
e) Any relocator engaged directly or indirectly in any other than a relocation business shall keep separate and distinct records for the relocation operation.
f) Each carrier shall keep its books on the basis of an accounting year of 12 months ending on December 31 of each year.
g) Each relocator shall preserve such books, accounts, records or memoranda for a period of at least 3 years.
h) Each relocator shall maintain its books and records for 3 years at its principal place of business or at the office of its accountant. The Commission shall at all times be notified of the location at which the books and records are being kept.
**History**
- *Source: Amended at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.93** Audit and Inspection of Books and Records {#sec-1710.93 omnilex-key=us-il-regs-official--title-92--1710.93}
Each relocator shall permit any investigator, police officer, or auditor of the Commission to inspect or audit its books and records, on request, at any time when the relocator is open to the public.
**History**
- *Source: Amended at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.94** Call Logs {#sec-1710.94 omnilex-key=us-il-regs-official--title-92--1710.94}
Relocators shall retain a Call Log for tows conducted pursuant to a written authorization that specifies that trespassing vehicles will be removed from the property only when contacted by the property owner, lessee or agent. The Call Log shall contain:
a) The date and time of the request to tow a trespassing vehicle;
b) The address of the property from which the vehicle is to be relocated;
c) The color, make, model and license number or the vehicle identification number (VIN) of the vehicle requested to be relocated, to the extent that information is available to the requestor or relocator from an examination of the exterior of the vehicle at the time of the request or relocation;
d) The date and time that law enforcement notification was made;
e) The star number, ID number, or name of the individual contacted at the law enforcement agency; and
f) A Dispatch Log including all relocation tows or all tows made by a relocator, in lieu of a separate Call Log, if the Dispatch Log indicates which relocations were patrol and which were call and contains the information set forth in subsections (a) through (e).
**History**
- *Source: Added at 34 Ill. Reg. 18470, effective January 1, 2011*
##### **92 Ill. Adm. Code 1710.100** Filing Requirements {#sec-1710.100 omnilex-key=us-il-regs-official--title-92--1710.100}
Each relocator shall complete and file with the Commission not later than May 15 of each calendar year an annual report for the preceding calendar year for its relocation operations only. The report shall be on the Commission's Relocator Annual Report form.
**History**
- *Source: Amended at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.110** Public Information Pamphlets {#sec-1710.110 omnilex-key=us-il-regs-official--title-92--1710.110}
Each relocator shall display and make available, at each location where it conducts a part of its business with the public copies of the Commission's pamphlet "Relocator Regulations." Copies shall be provided to the relocator by the Commission on request by the relocator.
##### **92 Ill. Adm. Code 1710.111** Informal Complaint Form {#sec-1710.111 omnilex-key=us-il-regs-official--title-92--1710.111}
Each relocator shall provide a copy of the Commission's Informal Relocator complaint form to each person who claims that a vehicle has been relocated in violation of the Law or this Part, or any other laws of this State, or any theft of or damage to the vehicle or its contents. Copies shall be provided to the relocator by the Commission on request by the relocator.
##### **92 Ill. Adm. Code 1710.120** Conditions Under Which Vehicles Are to Be Released {#sec-1710.120 omnilex-key=us-il-regs-official--title-92--1710.120}
a) Where a properly identified person has tendered payment at rates prescribed by the Commission in one of the forms specified in Section 1710.122, a relocator operating pursuant to a valid license issued by the Commission and in compliance with the Law and this Part shall be required to relinquish possession of a relocated vehicle:
1) immediately, if the vehicle is stored in the relocator's primary storage lot; or
2) if the vehicle is stored in a secondary lot, within a reasonable time:
A) not to exceed 2 hours if the foregoing conditions for release are satisfied before 5:00 p.m. on a weekday; or
B) not later than 10:00 a.m. the following day otherwise.
b) A relocator operating without a valid license issued by the Commission or in violation of the Law or this Part shall immediately relinquish possession of a relocated vehicle to a properly identified person on demand without demanding payment or imposing other conditions for release of the vehicle.
**History**
- *Source: Amended at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.121** Identification of Vehicle Owner or Driver {#sec-1710.121 omnilex-key=us-il-regs-official--title-92--1710.121}
The owner of the relocated vehicle or the owner's agent shall be considered properly identified if such person presents:
a) A valid driver's license plus an ignition key which operates the vehicle; or
b) Indicia of ownership or authorized possession of the type unlikely to have been fabricated after the vehicle was relocated. Such indicia shall include, but not be limited to, a certificate of title, a valid and current registration card, a bill of sale, or a lease or rental contract.
##### **92 Ill. Adm. Code 1710.122** Payment of Fees and Charges {#sec-1710.122 omnilex-key=us-il-regs-official--title-92--1710.122}
a) Form of Payment. Relocators shall accept any of the following methods of payment for lawful fees and charges:
1) United States currency;
2) Commonly recognized travelers checks;
3) Money orders;
4) Cashier's checks;
5) Certified checks; and
6) Commonly accepted credit cards and debit cards.
b) No storage charge shall be assessed for storage of the vehicle after the vehicle is claimed, proper identification is produced, and payment is tendered in the amount and form authorized by this Section.
c) No storage charges shall be assessed for storage of the vehicle on days or hours the relocator is closed to the public.
d) No storage charges greater than 8 days storage at the applicable daily rate shall be assessed for storage of the vehicle if the vehicle had been reported as stolen prior to its relocation.
e) No relocator shall assess, demand, accept or receive any charge other than the lesser of:
1) The rate set by the Commission pursuant to Section 18a-200(6) of the Law [625 ILCS 5/18a-200(6)]; or
2) The rate posted on the relocator's sign as required by Section 1710.51(b).
f) A relocator shall not assess, demand, accept, or receive any charge unless the relocator has complied with Sections 1710.50 and 1710.51.
**History**
- *Source: Amended at 34 Ill. Reg. 18470, effective January 1, 2011*
##### **92 Ill. Adm. Code 1710.123** Hours During Which Vehicles May Be Reclaimed {#sec-1710.123 omnilex-key=us-il-regs-official--title-92--1710.123}
Relocators shall maintain business hours permitting the public to reclaim relocated vehicles during all hours that relocation operations are conducted and for 2 hours after the termination of relocation operations, and shall not impose storage charges for any days or hours during which the relocator is not open to the public for reclaiming vehicles as noted on signs posted pursuant to Section 1710.51.
**History**
- *Source: Amended at 34 Ill. Reg. 18470, effective January 1, 2011*
##### **92 Ill. Adm. Code 1710.130** Ownership and Identification of Storage Lots {#sec-1710.130 omnilex-key=us-il-regs-official--title-92--1710.130}
Each lot to which vehicles may be transported or at which vehicles may be stored must be:
a) Owned by or under written lease for the exclusive use of the relocator; and
b) Identified as the property of the relocator by one or more signs meeting the specifications of Section 18a-302 of the Law [625 ILCS 5/18a-302] and Section 1710.51 of this Part.
**History**
- *Source: Amended at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.131** Security of Storage Lots {#sec-1710.131 omnilex-key=us-il-regs-official--title-92--1710.131}
a) Each lot to which vehicles may be transported or at which vehicles may be stored must be secured by fencing with locking gates, to prevent unauthorized access to relocated vehicles.
b) If a relocator commingles vehicles stored pursuant to its relocator's license with other vehicles, the relocator shall mark the upper driver's side windshields of the stored vehicles with glass chalk or other non-permanent windshield marker in characters at least 2 inches high and ½ inch wide:
1) All relocated vehicles with the relocation towing invoice number for that vehicle; and
2) All non-relocated vehicles stored in its secure storage lot with the letters "N/R".
c) Only the following individuals may have access to relocated vehicle while they are being stored by the relocator:
1) Persons employed by the relocator and agents of the relocator;
2) Vehicle owners or operators and agents of vehicle owners or operators, while either:
A) accompanied by an employee or agent of the relocator; or
B) under electronic surveillance by an employee or agent of the relocator; and
3) Other persons lawfully entitled to access to a relocated vehicle or to the storage lot.
**History**
- *Source: Amended at 34 Ill. Reg. 18470, effective January 1, 2011*
##### **92 Ill. Adm. Code 1710.132** Attendance at Storage Lots {#sec-1710.132 omnilex-key=us-il-regs-official--title-92--1710.132}
Each lot to which vehicles may be transported or at which vehicles may be stored must be attended, during all hours when vehicles can be reclaimed, by the relocator or an employee of the relocator who is authorized to release vehicles in accordance with this Part.
##### **92 Ill. Adm. Code 1710.133** Maintenance of Records at Storage Lots {#sec-1710.133 omnilex-key=us-il-regs-official--title-92--1710.133}
Records of all vehicles relocated during the previous year to a lot to which vehicles may be transported or at which vehicles may be stored must be maintained on the premises and made available for inspection by authorized Commission investigators, police officers or auditors.
**History**
- *Source: Amended at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.134** Secondary Storage Lots {#sec-1710.134 omnilex-key=us-il-regs-official--title-92--1710.134}
A licensed relocator may utilize secondary storage lots for the storage of unclaimed vehicles subject to the following conditions:
a) any such lot must be owned by or under written lease for the exclusive use of the relocator;
b) the relocator must have notified the Commission of the location of all such lots prior to the use of such lots;
c) a vehicle may not be moved to a secondary storage lot unless it has remained unclaimed for a period of 10 days from the date of relocation to the relocator's primary storage lot;
d) the relocator shall be required to retrieve within the time specified in Section 1710.120(a) any vehicle stored at a secondary lot upon proper reclaiming of such vehicle in accordance with Section 1710.120 of this Part; and
e) the relocator may not charge a vehicle owner any storage or transportation charge for the period of time necessary to retrieve a vehicle stored at a secondary lot.
**History**
- *Source: Amended at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.140** Imposition of Sanctions {#sec-1710.140 omnilex-key=us-il-regs-official--title-92--1710.140}
When the Commission has reason to believe that a person has committed an act which is a violation of the Law or this Part it may conduct an operating practices proceeding to impose sanctions including, but not limited to, the suspension or revocation of the respondent's license and/or the assessment of civil penalties. In deciding whether to conduct an operating practices proceeding, the Commission will consider, among other factors, the severity of the offense, the probability of guilt, and possible effects of sudden suspension or revocation on the relocator's customers.
**History**
- *Source: Amended at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.141** Informal Settlement in Lieu of Formal Proceeding {#sec-1710.141 omnilex-key=us-il-regs-official--title-92--1710.141}
Prior to the institution of formal enforcement proceedings before the Commission, a respondent shall be given the opportunity to settle, at an informal staff level, any controversy regarding the respondent's alleged illegal activity under the Law.
a) The Notice of Alleged Violation and Opportunity to Settle (NAVOS) setting forth the alleged violations of the Law or this Part shall be served on the respondent and shall specify the procedure for the respondent to exercise his option to settle. Included will be instructions to telephone or write to the specific Commission staff member assigned to the case to request and schedule a settlement conference if the respondent chooses to exercise the settlement option. The respondent shall have 20 days from the date of service to exercise his option to settle.
b) Monetary settlements specified in the NAVOS shall be based upon the minimum and maximum amounts as set forth in Section 18c-1704(2) of the Illinois Commercial Transportation Law (ICTL) [625 ILCS 5/18c-1704(2)].
c) An amount less than the minimum established in the NAVOS may be agreed upon between the staff of the Commission and the respondent during informal settlement discussions. This lesser amount shall be incorporated in a stipulated settlement agreement which shall be presented to the Commission for approval or rejection pursuant to the provisions of Section 18c-705 of the ICTL.
d) Settlement amounts shall be determined upon consideration of the respondent's past compliance history, his cooperation with authorities in the resolution of the dispute, his willingness to comply with the Law and this Part the type of violation, the amount of revenue realized from the unlawful activities, and the number of violations.
e) If a settlement agreement is not reached, the matter will be set for hearing before a Commission Hearing Examiner (see 83 Ill. Adm. Code 200).
f) The respondent's right to a hearing and his position at hearing will not be prejudiced in any way if settlement is not reached.
**History**
- *Source: Added at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.142** Initiation of Operating Practices Proceeding {#sec-1710.142 omnilex-key=us-il-regs-official--title-92--1710.142}
a) An enforcement proceeding shall be initiated by the issuance of a Complaint which shall set forth the alleged violations of the Law. The Complaint shall be served on the respondent by certified mail, return receipt requested, at the last address known to the Commission, or by personal service if the respondent is not licensed by the Commission and service by mail cannot be accomplished.
b) The respondent shall have 20 days from the date of service of the Complaint to file a responsive pleading with the Commission. Failure to respond within the specified time shall result in the matter being set for hearing. Notice of the time, date and place for the hearing shall be mailed to the respondent.
c) All matters set for hearing as a result of this Section shall be conducted in accordance with 83 Ill. Adm. Code 200 (Rules of Practice) and with the provisions of Section 18c-1704 of the ICTL.
d) Respondent's failure to appear at a hearing or otherwise respond to a complaint shall constitute a waiver of the respondent's right to contest the alleged violation(s). Commission staff shall present evidence in support of its allegations and the Commission is authorized, without further notice or hearing, to make findings and may forthwith order the imposition of any applicable sanction.
**History**
- *Source: Added at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.143** Failure to Appear at Hearing {#sec-1710.143 omnilex-key=us-il-regs-official--title-92--1710.143}
Respondent's failure to appear at the hearing set for the violation(s) in issue, may constitute a waiver of respondent's right to appear to contest the alleged violation(s). Commission staff shall testify in support of its allegations and the Commission is authorized without further notice to find the facts to be as alleged in the order and may forthwith order the imposition of any applicable sanction.
**History**
- *Source: Added at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.144** Service of Order {#sec-1710.144 omnilex-key=us-il-regs-official--title-92--1710.144}
Service of orders shall be made by certified mail, return receipt requested.
**History**
- *Source: Added at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.145** Standards for the Assessment of Civil Penalties {#sec-1710.145 omnilex-key=us-il-regs-official--title-92--1710.145}
a) In determining whether to assess civil penalties the Commission shall consider the following factors:
1) the lack of mitigating circumstances including:
A) whether the violation's occurrence was attributable to causes beyond the respondent's control rather than to respondent's fault or intent; and
B) whether the violation's occurrence was attributable to action by the Commission which precluded compliance;
2) the lack of good faith or intent including:
A) the past compliance history of the respondent; and
B) whether a violation is the result of willful conduct or comes about through mistake, inadvertence, or negligence;
3) the financial ability of the respondent to pay the penalties assessed;
4) the degree to which the violative conduct was harmful to the public; and
5) the financial benefit accruing to the respondent as a result of its illegal activities.
b) If it is determined that a civil penalty shall be assessed, the amount of the civil penalty shall be determined in accordance with the following procedure:
1) A numerical value of from 0 to 5 shall be assigned to each of the factors specified in subsections (a)(1), (2), (3), (4), and (5) above;
2) The values assigned will be summed. The sum will be divided by the maximum possible weighted value per violation (25) and then multiplied by the maximum possible penalty per violation ($500). The result will be the civil penalty which the Commission will seek to assess against the respondent.
c) The Commission's consideration shall be limited to only those violations for which evidence exists. It shall be the burden of the respondent to establish a compelling reason why the civil penalty should be mitigated.
**History**
- *Source: Added at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.146** Payment of Civil Penalties {#sec-1710.146 omnilex-key=us-il-regs-official--title-92--1710.146}
Whenever the Commission assesses a civil penalty under this Part:
a) Payment of the civil penalty shall be made by certified or cashier's check, money order, or in installments by the foregoing means after execution of a promissory note containing an agreement for judgment;
b) All remittances shall be made payable to the Illinois Commerce Commission and sent to Transportation Regulatory Fund, Illinois Commerce Commission, 527 East Capitol Avenue, Springfield, Illinois 62706.
**History**
- *Source: Added at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.147** Refunding Fees to Vehicle Owners {#sec-1710.147 omnilex-key=us-il-regs-official--title-92--1710.147}
a) A relocator shall refund to a vehicle owner any tow and storage fees paid to the relocator in excess of the rate posted on the relocator's sign as required by Section 1710.51(b).
b) A relocator may be ordered by the Commission to refund towing or storage fees to the payor, after proper notice and hearing, when the Commission has determined that the relocated vehicle was:
1) relocated from private property that did not have, at the time of the relocation and for at least 24 hours prior, signs posted in compliance with Sections 1710.50 and 1710.51;
2) relocated from a space on private property where it was authorized to be parked;
3) relocated from private property in violation of Section 1710.43;
4) relocated from private property in violation of the written authorization entered into with the property owner, lessee or agent;
5) relocated from private property for which there was no valid, written authorization in effect and on file with the Commission at the time of the relocation;
6) relocated by an operator who did not have, at the time of the relocation, a valid operator's employment permit and a valid Illinois Driver's License with proper endorsements for the type of relocation performed; or
7) relocated by a relocator that did not hold a relocated license, or while the relocator's license was suspended or revoked.
c) In addition to any refund under subsection (b), a relocator may be ordered by the Commission to refund any portion of storage fees to the payor when the Commission has determined that failure of the relocator to notify law enforcement within 1 hour, as required by Section 1710.80, resulted in accrual of additional storage fees.
**History**
- *Source: Added at 34 Ill. Reg. 18470, effective January 1, 2011*
##### **92 Ill. Adm. Code 1710.150** Leasing Requirements {#sec-1710.150 omnilex-key=us-il-regs-official--title-92--1710.150}
Licensed relocators may perform relocation towing with equipment they do not own only in accordance with the provisions of this Subpart.
a) Each lease must be executed on the lease form provided by the Commission.
b) A lease subject to this Part must be between the owner of the equipment (the lessor) and the relocator to which the equipment is leased (the lessee). The lease must be signed by each party or its authorized representative.
c) The original and 2 copies of each completed (signed and dated) lease to which this Part applies must be filed with the Commission's Transportation Division at the following address:
Illinois Commerce Commission
Transportation Division
9511 West Harrison Street
Des Plaines, Illinois 60016
d) A filing fee as prescribed in Section 1710.160 of this Part shall be remitted with each lease.
e) No operations shall be conducted under a lease to which this Part applies until a copy of the completed lease has been filed with Commission at the address specified in subsection (c).
f) When the lessee takes or relinquishes possession of the equipment, the relocator shall give the owner of the equipment a receipt stating the date and time of day possession is transferred.
g) During the period of the lease, the lessee shall identify the equipment by attaching a placard with the identification of the lessee in compliance with Section 1710.60. A copy of the approved executed lease shall be carried in each piece of equipment covered by the lease.
h) A copy of the completed written lease shall be retained as part of the lessee's records.
i) The term of the lease shall not exceed 3 years. In the event that a relocator wishes to cancel a lease prior to the expiration date, the relocator may file a notice of cancellation with the Commission at the address in subsection (c). Otherwise, the lease shall remain in effect until the expiration date stated in the lease or at the end of 3 years, whichever occurs first.
j) In the event that the license held by the lessee is revoked, the lease shall no longer be valid.
k) In the event that the lessee undergoes a name change, the lease shall be void from the date of the name change unless the lessee files an amendment to the lease showing the changes.
l) Any term of a lease that conflicts with the Illinois Commercial Transportation Law, Commission rules or Commission orders is void.
**History**
- *Source: Amended at 34 Ill. Reg. 18470, effective January 1, 2011*
##### **92 Ill. Adm. Code 1710.151** Supervision and Control of Leased Equipment with Drivers {#sec-1710.151 omnilex-key=us-il-regs-official--title-92--1710.151}
a) The relocator shall be responsible and liable for all operations under the authority of its license and for supervision and control of all equipment and drivers used in such operations.
b) The relocator shall be responsible regardless of whether the equipment is owned or leased by the relocator.
c) All drivers and other personnel used by a relocator must be employees of the relocator.
**History**
- *Source: Amended at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.152** Relocation Tow Equipment {#sec-1710.152 omnilex-key=us-il-regs-official--title-92--1710.152}
a) Leased equipment and drivers must be within the exclusive control of the relocator when operated under authority of the relocator's license.
b) No relocator may lease light duty tow equipment or drivers that are the subject of a lawfully effective lease to another relocator.
c) Medium duty and heavy duty tow equipment and drivers may be simultaneously leased to more than one relocator.
**History**
- *Source: Amended at 34 Ill. Reg. 18470, effective January 1, 2011*
##### **92 Ill. Adm. Code 1710.160** Fees {#sec-1710.160 omnilex-key=us-il-regs-official--title-92--1710.160}
The following fees shall apply:
a)
Filing fee for application for relocator's license
$900
b)
Filing fee for application for the biennial renewal of a relocator's license
$900
c)
Filing fee for application for operator's employment permit
$ 90
d)
Filing fee for application for dispatcher's employment permit
$ 90
e)
Filing fee for application to renew operator's employment permit
$ 60
f)
Filing fee for application to renew dispatcher's employment permit
$ 60
g)
Equipment lease filing fee
$300
h)
Fee for non-electronic filing of contracts
$ 50
**History**
- *Source: Amended at 28 Ill. Reg. 13220, effective October 1, 2004*
##### **92 Ill. Adm. Code 1710.170** Relocation Tow Record Form {#sec-1710.170 omnilex-key=us-il-regs-official--title-92--1710.170}
a) Relocation Tow Record Forms or Relocation Tow Record Numbers must be purchased from the Commission.
b) A Relocation Tow Record Form or a form identified with a Relocation Tow Record Number and conforming to a Relocation Tow Record Form purchased from the Commission must be completed within 30 minutes after a relocated vehicle enters the relocator's facility, whether or not the relocated vehicle is subsequently reclaimed. The form will consist of an original and two copies. Each form will be identified by a serial number, which will also be printed on the copies.
c) At the time a relocated vehicle is released, all data fields of the Relocation Tow Record Form must be accurately completed to the extent the information needed to complete the data fields is available to the relocator. Where applicable, relocators shall provide on the Relocation Tow Record Form the reason why a particular data field is not available.
d) The Relocation Tow Record Forms and Relocation Tow Record Numbers will be available only at the Commission's office at 9511 West Harrison Street, Des Plaines, Illinois 60016, (847)294-4326.
e) The price charged for the Relocation Tow Record Forms and the Relocation Tow Record Numbers shall be $10.00 per form or number. Relocators shall be permitted to add $2.50 to the otherwise applicable rate for light duty relocations.
**History**
- *Source: Amended at 34 Ill. Reg. 18470, effective January 1, 2011*
##### **92 Ill. Adm. Code 1710.171** Use and Retention of Relocation Tow Record Forms {#sec-1710.171 omnilex-key=us-il-regs-official--title-92--1710.171}
a) The person to whom a relocated vehicle is released must be issued one copy of the Relocation Tow Record form completed for that vehicle.
b) Relocators must retain the original and one copy of each completed Relocation Tow Record form for a period of three years from the date such forms are issued by the relocator. The relocator shall also retain the original and all copies of any spoiled forms or forms completed for unclaimed vehicles for a period of three years from the date such forms are spoiled or completed by the relocator.
c) Upon demand a relocator must produce the original and copy (or copies) of any Relocation Tow Record form retained pursuant to this Section. In addition, a relocator must be able to produce any unused Relocation Tow Record forms. Failure or inability to produce the required documents, for any reason, is a violation of this Section.
d) Blank or unused forms may not be disposed of or reproduced.
e) When a relocator permanently ceases operation it shall be the responsibility of the relocator to return the originals and copies of any completed tow forms retained in accordance with this Section and the remaining stock of unused forms to the Commission.
**History**
- *Source: Added at 14 Ill. Reg. 10310, effective July 1, 1990*
##### **92 Ill. Adm. Code 1710.172** Public Notice {#sec-1710.172 omnilex-key=us-il-regs-official--title-92--1710.172}
a) Relocators must post the following notice at all locations at which vehicles may be reclaimed:
Notice: The Illinois Commerce Commission requires that we give a copy of our Relocation Tow Record form to you as a receipt. Please keep your copy for your records.
b) The notice shall be in letters at least one inch high and one-quarter inch wide which shall be printed on a contrasting background. The notice shall be prominently displayed so that it may be easily seen by persons paying the charge for reclaiming their vehicles.
**History**
- *Source: Added at 14 Ill. Reg. 10310, effective July 1, 1990*
##### **92 Ill. Adm. Code 1710.180** Disposition of Unclaimed Vehicles {#sec-1710.180 omnilex-key=us-il-regs-official--title-92--1710.180}
Unclaimed vehicles shall be disposed of in accordance with 625 ILCS 5/4-208 and 625 ILCS 5/4-209.
**History**
- *Source: Added at 22 Ill. Reg. 16200, effective August 31, 1998*
##### **92 Ill. Adm. Code 1710.190** Establishing Vehicle Weights {#sec-1710.190 omnilex-key=us-il-regs-official--title-92--1710.190}
a) The Commission will prescribe relocation tow rates for light duty tows, medium duty tows and heavy duty tows.
b) The applicability of light duty, medium duty and heavy duty relocation rates will be determined in the following manner:
1) Passenger vehicles designed to carry not more than 10 persons are:
A) Light duty relocations; or
B) Medium duty relocations, if the manufacturer's gross vehicle weight rating displayed on the vehicle is in excess of 8,000 pounds and the relocator utilizes medium duty tow equipment to relocate the vehicle.
2) Stretch limousines are medium duty relocations.
3) Truck-tractors are:
A) Medium duty relocations; or
B) Heavy duty relocations, if the truck tractor is equipped with a double rear axle and the relocator utilizes heavy duty tow equipment to relocate the vehicle.
4) Truck-trailers, scrap containers, bottle trailers and other trailers are:
A) Medium duty relocations, if:
i) the registered weight and the manufacturer's gross vehicle weight rating are 26,000 pounds or less but more than 8,000 pounds; or
ii) the trailer or container, regardless of registered weight or gross vehicle weight rating, is driven away by a relocator in combination with the vehicle pulling the trailer or container;
B) Heavy duty relocations, if:
i) either the registered weight or the manufacturer's gross vehicle weight rating is in excess of 26,000 pounds; or
ii) the trailer or container, regardless of registered weight or gross vehicle weight rating, is separated from the vehicle pulling it and the relocator utilizes appropriate tow equipment to relocate the trailer or container.
5) Trucks, straight trucks and other vehicles are:
A) Light duty relocations, if the registered weight and the manufacturer's gross vehicle weight rating are 8,000 pounds or less;
B) Medium duty relocations, if:
i) the registered weight and the manufacturer's gross vehicle weight rating are 26,000 pounds or less but more than 8,000 pounds; and
ii) the vehicle cannot be safely relocated with the use of light duty tow equipment;
C) Heavy duty relocations, if:
i) either the registered weight or the manufacturer's gross vehicle weight rating is in excess of 26,000 pounds; and
ii) the vehicle cannot be safely relocated with the use of medium duty tow equipment.
6) When it is uncertain whether a vehicle should be considered light duty or medium duty because its gross vehicle weight rating exceeds its registered weight, the relocator shall charge a rate appropriate to the type of equipment actually utilized to relocate the vehicle.
**History**
- *Source: Added at 34 Ill. Reg. 18470, effective January 1, 2011*
##### **92 Ill. Adm. Code 1710.191** Relocating Multi-Unit Vehicles {#sec-1710.191 omnilex-key=us-il-regs-official--title-92--1710.191}
a) When practicable, relocators shall separate truck tractors from their trailers, on the property from which the multi-unit vehicle is relocated, and shall then relocate the units separately. Relocators shall not be required to separate trucks from their trailers when:
1) Doing so would be impracticable because of spacial limitations on the property from which the vehicle is to be relocated;
2) Separating the truck from its trailer may cause an increased risk of damage to the truck tractor, the trailer, the lot from which the vehicle is to be relocated, or the general public; or
3) The multi-unit vehicle will be driven away from the property from which it is to be relocated.
b) Multi-unit vehicles that are relocated in combination by one piece of tow equipment or by being driven away constitute one tow. Relocators shall only charge one tow fee, based upon the gross combined weight rating, to multi-unit vehicles relocated in combination. Relocation Tow Record Forms shall be prepared for each unit.
c) When a multi-unit vehicle is separated for relocation purposes into separate units, relocators shall charge separate towing fees based upon the registered weight or gross vehicle weight rating of the individual units as set forth in Section 1710.190. Relocation Tow Record Forms shall be prepared for each unit.
**History**
- *Source: Added at 34 Ill. Reg. 18470, effective January 1, 2011*
##### **92 Ill. Adm. Code 1710.192** Medium Duty or Heavy Duty Towing Equipment Necessary {#sec-1710.192 omnilex-key=us-il-regs-official--title-92--1710.192}
a) Relocators shall conduct medium duty or heavy duty relocation only if:
1) The relocator owns or holds, under a lease filed with the Commission prior to the relocation, medium duty tow equipment for the performance of a medium duty relocation, or heavy duty tow equipment for the performance of a heavy duty relocation;
2) The relocator employs an operator licensed by the Illinois Secretary of State to operate the medium duty or heavy duty tow equipment, or to drive the vehicle to be relocated and that operator possess an operator's permit from the Illinois Commerce Commission to conduct the relocation; and
3) The relocator's insurance coverage extends to drive-away relocation of medium duty and heavy duty vehicles, as evidenced by documentation that:
i) is issued on the letterhead of the insurance agency or carrier;
ii) is signed by an authorized agent of the insurance agency or carrier;
iii) includes the insurance policy number and its effective dates; and
iv) is maintained at the relocator's principal place of business and carried in the cab of the vehicle dispatched to the property from which a vehicle is to be relocated.
b) Relocators shall utilize medium duty and heavy duty tow equipment whenever possible. A medium duty or heavy duty vehicle may only be driven away from the property where it is trespassing when towing would be unsafe or when the trespassing vehicle cannot be removed by towing. When a medium duty or heavy duty vehicle is driven away, the relocator must document with specificity the circumstances that rendered towing unsafe or impossible on the Relocation Tow Record Form.
**History**
- *Source: Added at 34 Ill. Reg. 18470, effective January 1, 2011*
#### **Part 1715** Safety Relocation Towing
##### **92 Ill. Adm. Code 1715.5** Definitions {#sec-1715.5 omnilex-key=us-il-regs-official--title-92--1715.5}
The following terms, when used in this Part, shall have the meanings ascribed to them in this Section.
"Charge": The per unit price, cost or rate for a towing, storage or incidental service multiplied by the number of units of the service provided by the Towing Service.
"Commission": The Illinois Commerce Commission.
"Cost": A per unit rate for towing, storage or incidental services provided by a towing service.
"Entity": A corporation, limited liability company, partnership, sole proprietorship or other business entity.
"Law": The Illinois Commercial Safety Towing Law [625 ILCS 5/Ch. 18d].
"Operator": A person who was operating the vehicle at the time it became disabled or was damaged in an accident.
"Owner": A person to whom title to a vehicle has been issued, or who, without title, has the right to exclusive use of the vehicle for a period longer than 30 days, or who has lawful possession of the vehicle, or in whose name the vehicle is registered.
"Post-tow": After a vehicle has been towed to the safety relocator's storage facility.
"Pre-tow": Prior to rendition of towing, storage or incidental services with respect to a vehicle.
"Price": A per unit rate for towing, storage or incidental services provided by a towing service.
"Registration Certificate": A commercial vehicle safety relocator registration certificate.
"Safety Relocated", "Safety Relocating", "Safety Relocation" and "Safety Towing": Refers to the towing of damaged or disabled vehicles from public or private property.
"Safety Relocator": Any person or entity that removes damaged or disabled vehicles from public or private property by the use of towing equipment or otherwise and charges the vehicle owner, vehicle operator or third party authorizer for that service.
"Third Party Authorization": An authorization to tow a damaged or disabled vehicle that is made by someone other than a vehicle owner or operator and that is done on behalf of the vehicle owner or operator.
##### **92 Ill. Adm. Code 1715.10** Annual Registration {#sec-1715.10 omnilex-key=us-il-regs-official--title-92--1715.10}
a) Registration Requirement
Except as provided by subsection (b), all commercial vehicle safety relocators shall register annually with the Commission. All registrations shall expire on July 31 of each year.
b) Exemption
1) Vehicle Dealers
This Part shall not apply to vehicle dealers licensed under Section 5-101 of the Illinois Vehicle Code [625 ILCS 5/5-101] if the towing that the vehicle dealer conducts is exclusively conducted pursuant to a service agreement between the vehicle dealer and the owner or operator of the damaged vehicle and/or a vehicle manufacturer's warranty.
2) Application for Exemption
To qualify for an exemption under this Section, a vehicle dealer shall submit an exemption request form to the Commission at the address listed in Section 1715.20. When the Commission determines that the applicant is eligible for the exemption, it will issue exemption documentation to the applicant. A copy of that documentation shall be available for inspection in the cab of every vehicle of the dealer performing safety relocation services.
3) Tenure of Exemption
Any vehicle dealer who is exempt under this Section, but who conducts any towing service that does not fall within the exemption, is no longer qualified for the exemption and shall meet all the requirements of this Part.
##### **92 Ill. Adm. Code 1715.20** Registration and Filing of Forms {#sec-1715.20 omnilex-key=us-il-regs-official--title-92--1715.20}
Applications for safety relocator registration shall be made by completing and filing copies of the Commission's Safety Relocator Registration Form. Completed registration forms shall be filed with the Commission at the following address:
Illinois Commerce Commission
Transportation Division
Processing Section
527 East Capitol Avenue
Springfield IL 62701
##### **92 Ill. Adm. Code 1715.30** Processing and Issuance of Registration {#sec-1715.30 omnilex-key=us-il-regs-official--title-92--1715.30}
Upon receipt of a registration form, the Commission shall review it for completeness. If the form is properly completed, proof of insurance provided as required under Subpart F of this Part and payment received of the annual registration fee as required under Section 1715.70, a Safety Relocator Annual Registration shall be issued by the Commission.
##### **92 Ill. Adm. Code 1715.40** Registrations Conditioned Upon Compliance {#sec-1715.40 omnilex-key=us-il-regs-official--title-92--1715.40}
Each registration issued to a safety relocator is conditioned upon compliance with the provisions of the Law and this Part. Operations in violation of the Law or this Part are unauthorized and render the safety relocator subject to penalties, including suspension, revocation, fines or a combination of sanctions.
##### **92 Ill. Adm. Code 1715.50** Registration to Be Carried by Holder {#sec-1715.50 omnilex-key=us-il-regs-official--title-92--1715.50}
Each vehicle used for safety towing must carry a copy of the Commission issued registration in its cab. The copy shall be presented to any employee of the Commission on request.
##### **92 Ill. Adm. Code 1715.60** Alteration of Registration {#sec-1715.60 omnilex-key=us-il-regs-official--title-92--1715.60}
No safety relocator or its employees shall alter, mark or in any manner change the appearance of a registration issued by the Commission. Any alteration, marking or change in the appearance of a registration shall render the registration invalid.
##### **92 Ill. Adm. Code 1715.70** Registration Fee {#sec-1715.70 omnilex-key=us-il-regs-official--title-92--1715.70}
a) All safety relocator registrations must be accompanied by a $450 fee plus $150 per tow truck.
b) The fee shall be paid by certified check, cashier's check or money order made payable to "Illinois Commerce Commission/TRF".
c) The fee is non-refundable.
##### **92 Ill. Adm. Code 1715.80** Transfer of Registration {#sec-1715.80 omnilex-key=us-il-regs-official--title-92--1715.80}
A safety relocator registration is not transferable.
##### **92 Ill. Adm. Code 1715.100** Approval of Disclosure Forms {#sec-1715.100 omnilex-key=us-il-regs-official--title-92--1715.100}
a) The Commission shall prescribe a uniform form for disclosures required by the Law.
b) A safety relocator may comply with disclosure requirements of the Law by:
1) Using a form prescribed by the Staff of the Commission;
2) Using a form that contains all of the information contained in a form prescribed by the Staff of the Commission; or
3) Using a form specifically approved by the Staff of the Commission.
##### **92 Ill. Adm. Code 1715.110** Tow Authorized by Law Enforcement Agency {#sec-1715.110 omnilex-key=us-il-regs-official--title-92--1715.110}
The disclosures and authorization required under this Part are not required if a tow was authorized by a law enforcement agency or officer, as evidenced by a tow sheet issued by the law enforcement agency or officer, or if no tow sheet was issued by the authorizing law enforcement agency or officer, then evidenced by records of the safety relocator showing the date and time of authorization, the department and star or badge number of the officer from whom authorization was received, and the incident report number assigned by the law enforcement agency or officer.
##### **92 Ill. Adm. Code 1715.120** Owner or Operator Authorization {#sec-1715.120 omnilex-key=us-il-regs-official--title-92--1715.120}
a) Personal Authorization from Vehicle Owner or Operator
When the vehicle owner or operator has personally authorized a safety relocator to provide towing, storage or incidental services with respect to a vehicle to which this Part applies:
1) If the vehicle owner or operator of the vehicle is present at the scene and not incapacitated, incompetent or otherwise unable to sign, the safety relocator shall obtain the signature of the vehicle owner or operator;
2) If the vehicle owner or operator of the vehicle is not present at the scene, or is otherwise incapacitated, incompetent or unable to sign, the safety relocator shall:
A) Make a record of:
i) The name, mailing address and telephone number of the person giving the authorization;
ii) The date and time authorization was given; and
iii) The driver's license, social security, or other unique identifying number of the person by whom the authorization was given; and
B) Transmit the name of the commercial vehicle safety relocator, its business address and telephone number, the address of the location to which the vehicle will be relocated, and the cost of all relocation, storage and any other fees, without limitation, that the commercial vehicle safety relocator will charge for its services to:
i) The law enforcement agency having jurisdiction; or
ii) The insurance agent for the vehicle owner or operator.
b) Third Party Authorization
A third party, acting as agent for the owner or operator of a vehicle, may give authorization as required by Section 18d-120(a) of the Law, provided the agent is responsible for payment of, or approves, all charges for towing, storage and incidental services so authorized. Examples of third parties include motor clubs, repair shops, body shops and vehicle dealers.
##### **92 Ill. Adm. Code 1715.130** Commercial Towing Contracts {#sec-1715.130 omnilex-key=us-il-regs-official--title-92--1715.130}
a) Contractual Towing Agreements
Subparts C and D of this Part shall not apply to towing pursuant to a written contract between the safety relocator and another entity (for example, unit of local government, fleet operator, motor club, body shop, repair shop, vehicle dealer, etc.) establishing a predetermined cost of all relocation, storage and any other fees that the safety relocator will charge for its services, provided that a copy of the contract is made available for inspection by law enforcement at the offices of the safety relocator and is carried in the cab of every vehicle performing safety relocation services subject to this exemption.
b) Contract
1) In order to be eligible for this exemption, the contract must be a standing contract. It cannot be a contract designed to cover a single towing operation.
2) All items required by the Law to be disclosed shall be included in the contract, to the extent that those disclosures can be generalized.
##### **92 Ill. Adm. Code 1715.200** Posting Requirements {#sec-1715.200 omnilex-key=us-il-regs-official--title-92--1715.200}
Signs shall be posted in a conspicuous manner and be free of any obstruction or interference at each storage location from which a vehicle can be claimed. Each sign shall be in letters not less than 1.5 inches in height on its first line and the remaining lines shall be in letters not less than one-half inch in height in the following form:
YOUR CUSTOMER RIGHTS. YOU ARE ENTITLED BY LAW TO:
1. BEFORE TOWING, A WRITTEN DISCLOSURE STATING THE NAME OF THE TOWING AND STORAGE SERVICE, ITS BUSINESS ADDRESS AND TELEPHONE NUMBER, AND THE ADDRESS WHERE THE VEHICLE WAS TO BE TOWED.
2. BEFORE TOWING, THE PRICE OF ALL CHARGES FOR THE TOWING AND STORAGE OF YOUR VEHICLE.
3. UPON YOUR DEMAND FOR THE RETURN OF YOUR VEHICLE, A FINAL INVOICE ITEMIZING ALL CHARGES FOR TOWING, STORAGE, OR ANY OTHER SERVICES PROVIDED, AS WELL AS ANY DAMAGE IDENTIFIED TO THE VEHICLE AT THE TIME IT WAS TAKEN BY THE TOWING AND STORAGE FACILITY, AS WELL AS ANY DAMAGE TO THE VEHICLE IDENTIFIED UPON ITS RELEASE TO YOU.
4. THE RETURN OF YOUR VEHICLE, UPON YOUR DEMAND FOR ITS RETURN DURING BUSINESS HOURS AND YOUR PROMPT PAYMENT OF ALL REASONABLE FEES.
5. PAY ALL CHARGES IN CASH OR BY MAJOR CREDIT CARD.
6. UPON YOUR DEMAND, PROOF OF THE EXISTENCE OF INSURANCE, WHICH THE COMMERCIAL VEHICLE SAFETY RELOCATOR MUST MAINTAIN TO INSURE AGAINST RISK OF DAMAGE TO YOUR VEHICLE IN TRANSIT AND WHILE IN STORAGE. IF THE COMMERCIAL VEHICLE SAFETY RELOCATOR HAS COMPLIED WITH THE ABOVE RIGHTS, YOU ARE REQUIRED, BEFORE TAKING THE VEHICLE FROM THE PREMISES, TO PAY FOR THE SERVICES PROVIDED BY THE COMMERCIAL VEHICLE RELOCATOR.
##### **92 Ill. Adm. Code 1715.300** Safety Towing Vehicle Identification Requirement {#sec-1715.300 omnilex-key=us-il-regs-official--title-92--1715.300}
a) Any vehicle used for safety towing must be identified with the Commission issued registration number and bear the full legal name of the safety relocator, as it appears on the registration, together with the address and telephone number of the relocator. This information shall be on both sides of the vehicle's power unit, in characters not less than 2 inches in height, and in colors contrasting with the color of the background against which the information is painted or printed.
b) For purposes of this Section, the required address shall be the actual physical location of the safety relocator's place of business, not a post office box.
##### **92 Ill. Adm. Code 1715.400** Registration Conditioned Upon Compliance with Insurance Requirements {#sec-1715.400 omnilex-key=us-il-regs-official--title-92--1715.400}
A registration issued by the Commission to a safety relocator has force and effect only while the carrier is in compliance with requirements for the filing of proof of insurance or bond coverage.
##### **92 Ill. Adm. Code 1715.410** Proof of Insurance or Bond Coverage {#sec-1715.410 omnilex-key=us-il-regs-official--title-92--1715.410}
Proof of insurance or bond coverage or cancellation shall be on forms E, H and K prescribed by the Commission. The filing of such proof shall constitute acceptance of the minimum terms required by Section 18d-170 of the Law and prescribed in this Part, or higher levels of coverage stated in the policy or set forth on the certificate of insurance, and shall bind the insurance company to those terms. The coverage shall remain in effect until a cancellation form is filed with the Commission or the coverage is superseded by filing a subsequent certificate of insurance.
##### **92 Ill. Adm. Code 1715.420** Safety Relocator's Liability {#sec-1715.420 omnilex-key=us-il-regs-official--title-92--1715.420}
a) The safety relocator's liability shall extend to all operations by or under authority of the safety relocator's registration.
b) The safety relocator's insurance shall cover all operations conducted by or under the authority of the safety relocator's registration.
##### **92 Ill. Adm. Code 1715.430** Amounts of Insurance Coverage {#sec-1715.430 omnilex-key=us-il-regs-official--title-92--1715.430}
a) All safety relocators shall file with the Commission and have in effect an indemnity bond or insurance policy or certificates of bonds or insurance in lieu of a bond or policy that shall indemnify or insure the safety relocator for its liability in the following amounts:
1) for injury to person, in an amount not less than $100,000 to any one person and $300,000 for any one accident;
2) in case of damage to property other than a vehicle being removed, in an amount not less than $50,000 for any one accident; and
3) in case of damage to any vehicle relocated or stored by the safety relocator, in an amount not less than $15,000 per vehicle.
b) Any such bond or policy shall be issued by a bonding or insurance firm authorized to do business as such in the State of Illinois. All certificates or indemnity bonds or insurance filed with the Commission must show the coverage effective continuously until cancelled, and the Commission may require evidence of continued validity as it deems necessary.
##### **92 Ill. Adm. Code 1715.500** Audit and Inspection of Safety Relocator's Books and Records {#sec-1715.500 omnilex-key=us-il-regs-official--title-92--1715.500}
Each safety relocator shall permit any Commission employee to inspect or audit its books and records, on request, at any time when the relocator is open to the public.
##### **92 Ill. Adm. Code 1715.600** Enforcement of the Law {#sec-1715.600 omnilex-key=us-il-regs-official--title-92--1715.600}
The enforcement provisions in Article VII of the Illinois Commercial Transportation Law [625 ILCS 5/Ch.18c, Art. VII] shall likewise govern the enforcement of the Illinois Commercial Safety Towing Law.
##### **92 Ill. Adm. Code 1715.610** Enforcement Proceedings and Imposition of Sanctions {#sec-1715.610 omnilex-key=us-il-regs-official--title-92--1715.610}
The Commission may conduct a proceeding known as an enforcement proceeding when it has reason to believe that a person has committed an act that is a violation of the Law or this Part. The result of the proceeding may be the imposition of sanctions including, but not limited to, the suspension or revocation of the person's license or registration, issuance of a cease and desist order, assessment of civil penalties, or a combination of sanctions. The proceeding shall be governed by the Commission's Rules of Practice (83 Ill. Adm. Code 200).
##### **92 Ill. Adm. Code 1715.620** Informal Settlement in Lieu of Formal Proceeding {#sec-1715.620 omnilex-key=us-il-regs-official--title-92--1715.620}
Prior to the institution of formal enforcement proceedings before the Commission, a respondent shall be given the opportunity to settle, at an informal staff level, any controversy regarding the respondent's alleged illegal activity under the Law.
a) The Notice of Alleged Violation and Opportunity to Settle (NAVOS) setting forth the alleged violations of the Law or this Part shall be served on the respondent and shall specify the procedure for the respondent to exercise the option to settle. Included will be instructions to telephone or write to the specific Commission staff member assigned to the case to request and schedule a settlement conference if the respondent chooses to exercise the settlement option. The respondent shall have 20 days from the date of service to exercise the option to settle. Service shall be made by depositing in the United States mail a postage prepaid envelope addressed to the respondent.
b) Monetary settlements specified in the NAVOS shall be based upon the available fine amounts contained in the Law.
c) An amount less than the minimum established in the NAVOS may be agreed upon between the Staff of the Commission and the respondent during informal settlement discussions. This lesser amount shall be incorporated in a stipulated settlement agreement that shall be presented to the Commission for approval or rejection.
d) Settlement amounts shall be determined upon consideration of the respondent's past compliance history, cooperation with authorities in the resolution of the dispute, and willingness to comply with the Law and this Part, and the type of violation, the amount of revenue realized from the unlawful activities, and the number of violations.
e) If a settlement agreement is not reached, the matter will be set for hearing before an Administrative Law Judge pursuant to the Commission's Rules of Practice (83 Ill. Adm. Code 200).
f) The respondent's right to a hearing and respondent's position at hearing will not be prejudiced in any way if settlement is not reached.
##### **92 Ill. Adm. Code 1715.630** Initiation of Operating Practices Proceeding {#sec-1715.630 omnilex-key=us-il-regs-official--title-92--1715.630}
a) An enforcement proceeding shall be initiated by the issuance of a Complaint that shall set forth the alleged violations of the Law or this Part. The Complaint shall be served on the respondent by certified mail, return receipt requested, at the last address known to the Commission, or by personal service if the respondent is not licensed by the Commission and service by mail cannot be accomplished.
b) The respondent shall have 20 days from the date of service of the Complaint to file a responsive pleading with the Commission. Service shall be made by depositing in the United States mail a postage prepaid envelope addressed to the respondent. Failure to respond within the specified time shall result in the matter being set for hearing. Notice of the time, date and place for the hearing shall be mailed to the respondent.
c) All matters set for hearing as a result of this Section shall be conducted in accordance with 83 Ill. Adm. Code 200.
d) Respondent's failure to appear at a hearing or otherwise respond to a Complaint shall constitute a waiver of the respondent's right to contest the alleged violation or violations. Commission Staff shall present evidence in support of its allegations and the Commission is authorized, without further notice or hearing, to make findings and may order the imposition of any applicable sanction.
##### **92 Ill. Adm. Code 1715.640** Failure to Appear at Hearing {#sec-1715.640 omnilex-key=us-il-regs-official--title-92--1715.640}
Respondent's failure to appear at the hearing set for the violation in issue may constitute a waiver of respondent's right to appear to contest the alleged violation. Commission Staff shall testify in support of its allegations and the Commission is authorized, without further notice, to find the facts to be as alleged in the order and may order the imposition of any applicable sanction.
##### **92 Ill. Adm. Code 1715.650** Service of Order {#sec-1715.650 omnilex-key=us-il-regs-official--title-92--1715.650}
Service of orders shall be made by certified mail, return receipt requested.
##### **92 Ill. Adm. Code 1715.660** Standards for the Assessment of Civil Penalties {#sec-1715.660 omnilex-key=us-il-regs-official--title-92--1715.660}
a) In determining whether to assess civil penalties, the Commission shall consider the following factors:
1) the lack of mitigating circumstances, including:
A) whether the violation's occurrence was attributable to causes beyond the respondent's control, rather than to respondent's fault or intent; and
B) whether the violation's occurrence was attributable to action by the Commission that precluded compliance;
2) the lack of good faith or intent, including:
A) the past compliance history of the respondent; and
B) whether a violation is the result of willful conduct or comes about through mistake, inadvertence or negligence;
3) the financial ability of the respondent to pay the penalties assessed;
4) the degree to which the violative conduct was harmful to the public; and
5) the financial benefit accruing to the respondent as a result of its illegal activities.
b) If it is determined that a civil penalty shall be assessed, the amount of the civil penalty shall be determined in accordance with the following procedure:
1) A numerical value of from 0 to 5 shall be assigned to each of the factors specified in subsections (a)(1), (2), (3), (4) and (5);
2) The values assigned will be summed. The sum will be divided by the maximum possible weighted value per violation (25) and then multiplied by the maximum possible penalty per violation allowed under the Law. The result will be the civil penalty the Commission will seek to assess against the respondent.
c) The Commission's consideration shall be limited to only those violations for which evidence exists. It shall be the burden of the respondent to establish a compelling reason why the civil penalty should be mitigated.
##### **92 Ill. Adm. Code 1715.670** Payment of Civil Penalties {#sec-1715.670 omnilex-key=us-il-regs-official--title-92--1715.670}
Whenever the Commission assesses a civil penalty under this Part:
a) Payment of the civil penalty shall be made by certified or cashier's check, by money order, or in installments by the foregoing means after execution of a promissory note containing an agreement for judgment.
b) All remittances shall be made payable to the Illinois Commerce Commission/TRF and sent to:
Illinois Commerce Commission
Transportation Division
Processing Section
527 East Capitol Avenue
Springfield IL 62701
##### **92 Ill. Adm. Code 1715.700** Disposition of Unclaimed Vehicles {#sec-1715.700 omnilex-key=us-il-regs-official--title-92--1715.700}
Unclaimed vehicles shall be disposed of in accordance with 625 ILCS 5/4-208 and 4-209.
### **Subchapter e** Pipelines
#### **Part 1815** Common Carrier by Pipeline Tariffs
##### **92 Ill. Adm. Code 1815.10** Adoption of Federal Regulations {#sec-1815.10 omnilex-key=us-il-regs-official--title-92--1815.10}
a) The Illinois Commerce Commission adopts 49 CFR 1312, as of December 1, 1986, as its regulations governing the construction and filing of intrastate common carrier pipeline tariffs and classifications, except that all references to railroads in 49 CFR 1312 shall be read as references to common carrier pipelines.
b) No incorporation in this Section involves any later amendments or editions.
### **Subchapter g** Brokers
#### **Part 2000** Broker's Licenses
##### **92 Ill. Adm. Code 2000.10** Broker's License Application Forms {#sec-2000.10 omnilex-key=us-il-regs-official--title-92--2000.10}
Applications for broker's licenses shall be on the Illinois Commerce Commission's ("Commission") Broker's License Application form.
##### **92 Ill. Adm. Code 2000.20** Hearings on Broker's License Applications {#sec-2000.20 omnilex-key=us-il-regs-official--title-92--2000.20}
Hearings on broker's license applications shall be held pursuant to 83 Ill. Adm. Code 200 and shall be limited to review of written submissions unless the application is opposed by an intervenor having standing to intervene under Section 18c-2106 of the Illinois Commercial Transportation Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-2106).
##### **92 Ill. Adm. Code 2000.30** Forms for Transfers {#sec-2000.30 omnilex-key=us-il-regs-official--title-92--2000.30}
Applications to transfer broker's licenses shall be on the Commission's Broker's Transfer of License Application form.
#### **Part 2005** Relationships Between Brokers and Carriers or Shippers
##### **92 Ill. Adm. Code 2005.10** Carrier or Shipper Responsibilities {#sec-2005.10 omnilex-key=us-il-regs-official--title-92--2005.10}
a) The Role of A Broker
1) A broker shall not hold itself out to perform transportation service for a shipper. The use of broker service shall not alter a shipper's obligation to pay the carrier all legal charges for transportation service, whether the payment is made directly or through a broker intermediary.
2) The agreement to provide transportation service shall be between the carrier and the shipper.
b) The responsibilities of a carrier and shipper as set out in other provisions of the Illinois Commercial Transportation Law (Ill. Rev. Stat. 1985, ch. 95½, pars. 18c-1101 et seq.) shall not be altered by the involvement of a broker in the transaction.
c) Claims. The involvement of a broker in the transaction shall not alter the liability of any party with respect to claims for loss or damages arising from the transaction.
d) Defenses. It shall not be a defense to a charge or claim of the conduct of unauthorized motor carrier service that such charged party holds a broker's license issued by the Commission.
### **Subchapter h** Motor Carriers of Passengers
#### **Part 2100** Motor Carriers of Passengers
##### **92 Ill. Adm. Code 2100.10** Application Forms {#sec-2100.10 omnilex-key=us-il-regs-official--title-92--2100.10}
Applications for motor carrier of passengers licenses shall be on the Motor Carrier of Passengers License Application form provided by the Illinois Commerce Commission ("Commission").
##### **92 Ill. Adm. Code 2100.11** Notice of Applications {#sec-2100.11 omnilex-key=us-il-regs-official--title-92--2100.11}
Each applicant for a motor carrier of passengers license shall give notice of its application in the manner provided in 92 Ill. Adm. Code 1202.
##### **92 Ill. Adm. Code 2100.12** Petitions for Leave to Intervene {#sec-2100.12 omnilex-key=us-il-regs-official--title-92--2100.12}
Petitions for leave to intervene in opposition to an application shall meet the requirements of 92 Ill. Adm. Code 1202.30.
##### **92 Ill. Adm. Code 2100.20** Incorporation of Federal Standards {#sec-2100.20 omnilex-key=us-il-regs-official--title-92--2100.20}
a) The Illinois Commerce Commission incorporates by reference 49 CFR 1061 as of December 1, 1986, and 49 CFR 1063 as of December 1, 1986, as its regulation governing the adequacy of service by motor carrier of passengers.
b) No incorporation in this Section contains any later amendments or editions.
##### **92 Ill. Adm. Code 2100.21** Obligation to Accept and Transport Passengers {#sec-2100.21 omnilex-key=us-il-regs-official--title-92--2100.21}
a) General Obligation to Accept and Transport. No motor carrier of passengers shall refuse or fail to pick up and transport to destination any passenger who tenders the appropriate rate at any service point (including flagstops) along the carrier's authorized routes unless:
1) All seats on the bus are filled;
2) The passenger appears to be in an intoxicated condition;
3) The passenger is acting in a disorderly manner or using profane or obscene language or gestures.
b) Right to Discharge Passengers. The carrier may refuse further transportation to any passenger who, after being picked up:
1) Appears to be in an intoxicated condition; or
2) Is acting in a disorderly manner or using profane or obscene language or gestures.
##### **92 Ill. Adm. Code 2100.22** Baggage Service {#sec-2100.22 omnilex-key=us-il-regs-official--title-92--2100.22}
a) Availability of Baggage Service. Each motor carrier of passengers shall:
1) Provide free baggage service, including both through and interline service; and
2) Make baggage check-in service available at each location where passengers are picked up or discharged.
b) Baggage Liability and Claims.
1) The Illinois Commerce Commission incorporates by reference 49 CFR 1063.4 as of December 1, 1986, and 49 CFR 1064 as of December 1, 1986, as its regulations governing baggage liability and claims.
2) No incorporation in this subsection (b) contains any later amendments or editions.
##### **92 Ill. Adm. Code 2100.30** Content of Schedules {#sec-2100.30 omnilex-key=us-il-regs-official--title-92--2100.30}
Each motor carrier of passengers shall maintain schedules of service, showing each route over which service is provided; each point served, whether by regular stop, flag stop, or otherwise; days on which service is provided; and the approximate arrival and departure times at each point.
##### **92 Ill. Adm. Code 2100.31** Availability of Schedules {#sec-2100.31 omnilex-key=us-il-regs-official--title-92--2100.31}
Each motor carrier of passengers shall make copies of its current schedules of service available to the public at every place where tickets are sold.
##### **92 Ill. Adm. Code 2100.32** Adherence to Schedules {#sec-2100.32 omnilex-key=us-il-regs-official--title-92--2100.32}
a) General Requirements. Except as provided in this Section, each motor carrier of passengers shall provide service in accordance with its schedules of service.
b) Deviations. Where a scheduled service has been interrupted or delayed more than 1 hour beyond the scheduled arrival or departure time at any service point, the carrier shall prepare a report showing the extent of the interruption or delay and its cause, and shall make such report available to the Commission on request.
##### **92 Ill. Adm. Code 2100.33** Notice of Schedule Changes {#sec-2100.33 omnilex-key=us-il-regs-official--title-92--2100.33}
a) Notice Requirements
1) Notice of Schedule Changes Generally. Each motor carrier of passengers shall give 30 days public notice of each schedule change which results in a change of more than one hour in any arrival or departure time, or which involves the discontinuance of a schedule, except where the carrier has been granted special permission pursuant to 92 Ill. Adm. Code 1225.15 to change schedules on less than 30 days notice. One day public notice of each schedule which results in a change of one hour or less in any arrival or departure time shall also be given.
2) Notice of New Schedules. Notice of new schedules of service shall not be required unless the new schedule replaces a schedule of service which has been discontinued. If the new schedule replaces a discontinued schedule, 30 days public notice shall be required except where the carrier has been granted special permission to change schedules on less than 30 days notice pursuant to 92 Ill. Adm. Code 1225.15.
b) Proof of Notice. The carrier's files must reflect that notice required under this Section has been given. If a carrier is found to have violated the notice requirement provisions of this Section, the Commission shall require that the carrier file proof of notice with the Commission prior to the effective date of any schedule change, or of specified types of schedule changes.
##### **92 Ill. Adm. Code 2100.40** Deviation from Authorized Routes {#sec-2100.40 omnilex-key=us-il-regs-official--title-92--2100.40}
a) The Illinois Commerce Commission incorporates by reference 49 CFR 1042.2 as of December 1, 1986, as its regulations governing deviations from authorized routes by a motor carrier of passengers.
b) No incorporation in this Section contains any later amendments or editions.
##### **92 Ill. Adm. Code 2100.50** Waiver of Requirements {#sec-2100.50 omnilex-key=us-il-regs-official--title-92--2100.50}
The requirements of prior notice by filing annual and amended lists of routes or points under consideration for possible discontinuance, notices of intent, and petitions to discontinue shall not apply where:
a) Service is being reduced to a level of less than 1 round trip per weekday (Monday through Friday); but
b) Service is being maintained at a level of 1 round trip per day, five days per week.
##### **92 Ill. Adm. Code 2100.51** Petitions to Discontinue {#sec-2100.51 omnilex-key=us-il-regs-official--title-92--2100.51}
a) Forms and Contents of Petition. Petitions to discontinue motor carrier of passengers service shall be on the Commission's Motor Carrier of Passengers Discontinuance of Service form.
b) Notice of Petition. Notice of a petition to discontinue motor carrier of passengers service must be served by first class U.S. mail on the chief executive of each city, town, or village served by the carrier during the 12 month period preceding filing of the petition, and on the county commissioner of each county through which the carrier provided service during such period. The notice shall include the identity of the route to be discontinued and the date on which the route will be discontinued. A certificate of service upon the foregoing persons must accompany the petition.
##### **92 Ill. Adm. Code 2100.52** Waiver of Prior Notice {#sec-2100.52 omnilex-key=us-il-regs-official--title-92--2100.52}
a) Request for waiver. A request for waiver of prior notice requirements under Section 18c-6305 of the Illinois Commercial Transportation Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-6305) and Commission regulations adopted thereunder must be in writing.
b) Grant or denial of waiver. The Illinois Commerce Commission shall grant a waiver of prior notice where:
1) The persons who would be affected by the discontinuance were aware of the proposal, notwithstanding failure to give prior notice in accordance with Section 18c-6305 of the Law and Commission regulations adopted thereunder;
2) The additional which would have been afforded by compliance with Section 18c-6305 of the Law and Commission regulations would not preserve service to involved points; or
3) Enforcement of prior notice requirements under Section 18c-6305 would jeopardize the exercise of state jurisdiction under Federal law.
##### **92 Ill. Adm. Code 2100.60** Licenses Conditioned Upon Compliance with Insurance Requirements {#sec-2100.60 omnilex-key=us-il-regs-official--title-92--2100.60}
A license issued by the Commission to a motor carrier of passengers has force and effect only while the carrier is in compliance with requirements for the filing of proof of insurance or bond coverage.
##### **92 Ill. Adm. Code 2100.61** Proof of Insurance or Bond Coverage {#sec-2100.61 omnilex-key=us-il-regs-official--title-92--2100.61}
a) The Illinois Commerce Commission incorporates by reference 49 CFR 1023 Subparts E, F, and G, as of December 1, 1986, as its regulations governing the filing of proof of insurance or bond coverage or cancellation.
b) The filing of such proof shall constitute acceptance of the minimum terms required by statute, prescribed in this Part, or set forth on the certificate of insurance, and shall bind the company thereto.
c) Such coverage shall remain in effect until a cancellation form is filed with the Commission or the coverage is cancelled by the filing of a subsequent certificate of insurance.
d) No incorporation in this Section contains any later amendments or editions.
##### **92 Ill. Adm. Code 2100.62** Public Liability and Property Damage Coverage {#sec-2100.62 omnilex-key=us-il-regs-official--title-92--2100.62}
The minimum amounts of public liability and property damage insurance coverage required of a motor carrier of passengers are as follows:
a) Liability for injury or death:
1) $1,000,000 if the manufacturer's rated seating capacity of the vehicle is 10 to 13 persons, including the driver;
2) $1,500,000 if the capacity is 13 to 20;
3) $2,000,000 if the capacity is 21 to 30; and
4) $3,000,000 if the capacity is greater than 30.
5) Capacity ratings do not include the driver for (2)-(4).
b) Liability for property damage. $100,000 liability for damage in any one accident to property not carried in the vehicle.
c) Liability for cargo damage. $500 liability for damage in any one accident to each piece of baggage and each article or package carried in the vehicle.
##### **92 Ill. Adm. Code 2100.63** Self-Insurance {#sec-2100.63 omnilex-key=us-il-regs-official--title-92--2100.63}
Self-Insurance by motor carriers of passengers shall be permitted on the same terms as are prescribed for motor carriers of property under 92 Ill. Adm. Code 1425.
##### **92 Ill. Adm. Code 2100.70** Definition of Reportable Accident {#sec-2100.70 omnilex-key=us-il-regs-official--title-92--2100.70}
a) The Illinois Commerce Commission incorporates by reference 49 CFR 394.3 as of December 1, 1986, as its definition of a reportable accident for purposes of this Part.
b) No incorporation in this Section contains any later amendments or editions.
##### **92 Ill. Adm. Code 2100.71** Telephonic Reports Required {#sec-2100.71 omnilex-key=us-il-regs-official--title-92--2100.71}
Each motor carrier of passengers shall contact the Manager of the Commission's Transportation Division by telephone (217-782-4971) of any accident involving its equipment resulting in a fatality within 24 hours of the accident.
##### **92 Ill. Adm. Code 2100.72** Written Confirmation and Updates {#sec-2100.72 omnilex-key=us-il-regs-official--title-92--2100.72}
Each motor carrier of passengers shall, within 30 days after a reportable accident occurs, confirm in writing its telephonic accident reports, and shall update its reports by telephone and in writing if additional deaths or injuries occur or are discovered after the initial report.
##### **92 Ill. Adm. Code 2100.73** Contents of Accident Reports {#sec-2100.73 omnilex-key=us-il-regs-official--title-92--2100.73}
a) The Illinois Commerce Commission incorporates by reference 49 CFR 394.7 as of December 1, 1986, and 49 CFR 394.9 as of December 1, 1986, as its requirements for the contents of accident reports under this Section.
b) No incorporation in this Section contains any later amendments or editions.
##### **92 Ill. Adm. Code 2100.80** Filing Requirement {#sec-2100.80 omnilex-key=us-il-regs-official--title-92--2100.80}
Each motor carrier of passengers shall complete and file with the Commission not later than May 15 of each calendar year an annual report for the preceding calendar year. The report shall be on the Commission's Motor Carrier of Passengers Annual Report form.
##### **92 Ill. Adm. Code 2100.90** Identification Requirements {#sec-2100.90 omnilex-key=us-il-regs-official--title-92--2100.90}
Except as provided in Section 2100.91, each vehicle operated by a motor carrier of passengers shall be identified to the public by showing, on the sides of the vehicle, in characters at least two inches in height:
a) The full legal name of the carrier as it appears on its motor carrier of passengers license from the Commission or such other emblem or insignia as filed with the Commission;
b) The words "Ill.C.C." followed by the number of the carrier's motor carrier of passengers license from the Commission; and
c) The unit number assigned to the vehicle by the carrier.
##### **92 Ill. Adm. Code 2100.91** Alternative Identification for Interstate Carriers {#sec-2100.91 omnilex-key=us-il-regs-official--title-92--2100.91}
a) Motor carriers of passengers that provide both interstate and intrastate service may, in lieu of the requirements in Section 2100.90, identify their vehicles in the manner required in 49 CFR 1058 as of December 1, 1986.
b) No incorporation in this Section contains any later amendments or editions.
##### **92 Ill. Adm. Code 2100.100** General Maintenance Requirements {#sec-2100.100 omnilex-key=us-il-regs-official--title-92--2100.100}
a) Each motor carrier of passengers shall maintain, at its principal place of business in Illinois, records of all revenues, expenses, service, and related transactions (such as the retirement, trade, or sale of equipment or other property or contingent liabilities due to accidents or losses) relating to its Illinois intrastate operation, except as provided in Section 2100.101.
b) Such records shall be kept for a period of three (3) years after the event recorded therein.
##### **92 Ill. Adm. Code 2100.101** Keeping Records Out of State {#sec-2100.101 omnilex-key=us-il-regs-official--title-92--2100.101}
A carrier may, if authorized by the Commission, keep its records at a location outside Illinois. As a condition of such authorization, the carrier must voluntarily submit to the jurisdiction of the Commission to subpoena such records and the jurisdiction of the Illinois courts to enforce the subpoena. The keeping of records outside Illinois shall constitute submission to the jurisdiction the Commission and the Illinois courts for such purposes. The Commission shall authorize a carrier to keep its records outside Illinois if its home office is outside Illinois.
##### **92 Ill. Adm. Code 2100.110** Applicability of Part 2100 {#sec-2100.110 omnilex-key=us-il-regs-official--title-92--2100.110}
a) The provisions of the Illinois Commercial Transportation Law and this Part apply to carriers operating under certificates issued by the Interstate Commerce Commission authorized intrastate operations in the same manner as to carriers operating under licenses issued by this Commission, except as provided in subsection (b).
b) Applicability of Rate and Schedule Filing Requirements
1) Requirements for the filing of rates and schedules of service shall apply to carriers operating under certificates issued by the Interstate Commission authorizing intrastate operations beginning on the 30th day after the carrier commences intrastate operations under the certificate.
2) Carriers operating under certificates issued by the Interstate Commerce Commission authorizing intrastate operations shall be presumed for purposes of this subsection to have commenced operations under the certificate on the 30th day after the authority was granted. Any proof that operations commenced at a later date will rebut this presumption.
##### **92 Ill. Adm. Code 2100.111** Registration Pending Establishment of Rates and Schedules {#sec-2100.111 omnilex-key=us-il-regs-official--title-92--2100.111}
Carriers operating under certificates issued by the Interstate Commerce Commission authorizing intrastate operations must register their certificates with the Commission prior to commencement of intrastate operations under the certificates. The Commission shall issue a registration to a motor carrier of passengers proposing to commence operations under a certificate issued by the Interstate Commerce Commission if the carrier has filed with this Commission a copy of the Interstate Commerce Commission order granting intrastate authority, together with a copy of the certificate to which the order refers and proof of required insurance or bond coverage.
##### **92 Ill. Adm. Code 2100.120** Waiver of Requirements {#sec-2100.120 omnilex-key=us-il-regs-official--title-92--2100.120}
a) A carrier may petition the Commission for waiver of specific requirements of this Part.
b) The Commission will consider the following factors in its consideration of a petition to waive requirements of this Part.
1) The effect of the requirement on the financial condition of the carrier.
2) The public need for the requirement.
c) The Commission shall find a public need for a requirement for which waiver is sought where:
1) A person who would be directly affected by the waiver in writing, stating reasons for such opposition; or
2) Persons representing governmental units, riders or businesses at points which would be affected by the waiver have contacted the Commission to express concern over the waiver.
d) The Commission shall, where it finds a public need for a requirement, also find that the public need for the requirement requires denial of a petition for waiver of the requirement, unless such denial would jeopardize the continuation of service to affected points.
## **Chapter IV** Illinois State Toll Highway Authority
### **Part 2500** Authorization and Operation of Emergency Wrecker Services on the Illinois State Toll Highway
##### **92 Ill. Adm. Code 2500.5** Resolution No. 6600 {#sec-2500.5 omnilex-key=us-il-regs-official--title-92--2500.5}
a) Whereas, it is necessary for the Authority to establish Procedures, Standards and Rules For Authorization And Operation Of Emergency Wrecker Services On The Illinois State Toll Highway; and
b) Whereas, a proposed Procedures, Standards And Rules For Authorization And Operation Of Emergency Wrecker Services On The Illinois State Toll Highway has been prepared and has received approval of the Commission Staff.
c) Now, Therefore, Be It Resolved that the proposed Procedures, Standards And rules For Authorization And Operation Of Emergency Wrecker Services On The Illinois State Toll Highway hereinafter set forth in words and figures as follows be and the same is hereby adopted and approved:
##### **92 Ill. Adm. Code 2500.10** Procedures for Approving or Disapproving Applications for Authorized Wrecker Emergency Road Service {#sec-2500.10 omnilex-key=us-il-regs-official--title-92--2500.10}
a) Upon a request to be placed on the approved list of authorized wrecker emergency road service, the firm, individual or individuals shall be informed that the questionnaire and application for wrecker emergency road service must be completed and submitted to the Illinois State Police, District 15.
b) Upon receipt of the completed questionnaire application, said application shall be reviewed and an inspection shall be made of the equipment and related facilities.
c) Based upon the inspection and the standards established in Section 2500.20 hereof, a recommendation shall be made by the Commander of the Illinois State Police District 15 and based upon said standards and recommendations, the Executive Director of the Authority shall accept or reject the application in conformity with the provisions of paragraph (d) below.
d) The applicant shall be informed that one of the three following decisions regarding his application has been made:
1) The application has been rejected stating the reasons for the disapproval, or;
2) The application has been accepted and the applicant will be placed on the list of approved wrecker emergency road services, or;
3) The applicant's equipment and facilities are satisfactory but that at present, additional wrecker emergency road services are not needed in his area, but that the application will be kept on file pending a need for wrecker emergency road service in that particular section of the roadway.
##### **92 Ill. Adm. Code 2500.20** Standards for Acting Upon Applications for Wrecker Emergency Road Service {#sec-2500.20 omnilex-key=us-il-regs-official--title-92--2500.20}
a) No application will be acted upon unless the questionnaire application has been completed.
b) The equipment shall be inspected to insure:
1) That emergency vehicles are equipped with a large size 360° dome red flasher, together with one 6" alternating flasher on each side located toward the top at the rear of the vehicle.
2) Power operated winches are required on each vehicle, and hand winches are not permitted under any circumstances.
3) Vehicles must be in good operating condition and have a current safety sticker for the State of Illinois.
c) The garage facility shall include or have available the following:
1) A waiting room and rest rooms.
2) Facilities to handle all types of general automobile repair.
3) Inside storage room for at least one vehicle and outside storage off of a public street and preferably enclosed by a fence.
d) The wrecker emergency road service must be able to provide 24 hour service on calls and preferably be able to provide 24 hour service on minor mechanical repairs.
e) The wrecker emergency road service garage should not be more than 15 minutes travel time from access to the Illinois Tollway.
f) As a general rule, new wrecker emergency road services will be added to the list only in those cases where the present sections of the road do not have more than two authorized stations. If volume of wrecker calls is sufficiently large enough, an additional wrecker service may be added.
g) Any applicant must agree to comply with the "Wrecker Emergency Road Service Rules and Regulations" (92 Ill. Adm. Code 2500.30) as well as the laws and regulations for the Northern Illinois Toll Highway. Deviation from such rules and regulations is cause for being removed from the list of approved wreckers.
##### **92 Ill. Adm. Code 2500.30** The Operation of Wrecker Emergency Road Services on the Illinois State Toll Highway {#sec-2500.30 omnilex-key=us-il-regs-official--title-92--2500.30}
Safety precautions should be foremost in the operators minds so that his and the lives of others can be protected. The following rules and regulations are designed to help each one take these precautions:
a) Definition: The word "Operator" when used herein shall mean any person who is rendering service to a disabled vehicle on the Illinois State Toll Highway, including but not limited to persons driving, assisting or controlling a wrecker or other approved emergency vehicle.
b) All disabled vehicles in traffic lanes or on the left side of the highway (inner lane) rate priority over other calls for assistance.
c) No operator shall give assistance to a vehicle on the opposite side of the Highway, except in extreme emergencies.
d) No operator shall walk across the highway.
e) When travelling at night, the operator shall have the wrecker's bright lights on so as to enable said operator to easily locate disabled vehicles on the berm.
f) When approaching a disabled vehicle either on left or right side of highway, the operator shall turn on his proper turn lights and his warning lights.
g) The operator shall pull his wrecker onto the berm, decelerate, stop not closer than twenty (20) feet to the rear of the disabled vehicle whenever possible, and have its warning lights unobstructed to approaching traffic.
h) The operator shall leave his wrecker motor running, set emergency hand brake and turn steering wheels hard to the direction away from the highway.
i) The operator shall ascertain the nature of trouble or vehicle instructions given on the call with the driver of the disabled vehicle if he is present.
j) The operator shall put out the three (3) cones, placing them at a length of two hundred (200) feet back from his wrecker. The first cone shall be placed on the berm near the edge of the highway; the second, two (2) feet from the edge of the highway about one hundred (100) feet to the rear of the disabled vehicle and the third, four (4) feet from the edge of the highway slightly to the rear of disabled vehicle. Flags may be used in place of cones, in daylight hours or pot flares at night, provided however, that the flags are at least 16" square and are on bases so that they will not be blown over by wind or traffic.
k) No service shall be performed until cones, flags or flares are placed. If at night, in foggy weather, or during a snow storm, the operator shall place fusees back to approximately five hundred (500) feet at one hundred (100) foot intervals. At the completion of service, fusees shall be extinguished and covered in the dirt off the berm.
l) When starting up, the operator shall keep his wrecker on the berm until it has accelerated to a speed of not less than 35 MPH.
m) The operator shall wear a reflectorized vest or belt at night.
n) The operator shall move onto highway or regular lane only when the road is clear.
o) Before performing services, operator shall inform the patron or driver of the disabled vehicle of the tow service fee and estimated price of any additional product or labor.
p) The operator shall not attempt to render any mechanical service while on the road proper. The disabled vehicle shall be removed to a plaza or garage for repairs.
q) Operators shall not stand in front of vehicle while the motor is being started.
r) All emergency vehicles to be used on the toll highway must be equipped with a large size 360 degrees Dome red flasher along with one 6" alternating flasher on each side located toward the top at the rear of each vehicle.
s) The operator shall give each patron an official tollway receipt, and shall file a copy of said receipt with the Authority.
t) All operators must abide by the schedule of fees as set forth herein, and as hereafter from time to time modified by the Authority.
##### **92 Ill. Adm. Code 2500.40** Maximum Fees for Wrecker Service on the Illinois State Toll Highway (repealed) {#sec-2500.40 omnilex-key=us-il-regs-official--title-92--2500.40}
**History**
- *Source: Repealed at 21 Ill. Reg. 11589, effective August 1, 1997*
### **Part 2510** Discharge of Sewage Into the Drain System
##### **92 Ill. Adm. Code 2510.5** Resolution No. 7029 {#sec-2510.5 omnilex-key=us-il-regs-official--title-92--2510.5}
a) Whereas, the Authority has received requests for permission to discharge sewage into the drainage system of the Illinois Tollway; and
b) Whereas, it is the Public Policy of the State of Illinois as expressed in the Illinois Highway Code to prohibit the discharge of sewage into open ditches along any public highway or drainage structure installed for street or highway drainage purpose as more fully set forth in par. 9-123 of the Illinois Highway Code; and
c) Whereas, it is deemed necessary and in the best interest of the Authority for the protection of the Tollway and its patrons to adopt a regulation governing the discharge of sewage into open ditches along the Illinois State Toll Highway consistent to the Public Policy of the State of Illinois as set forth in the Illinois Highway Code.
d) Now therefore, be it resolved by The Illinois State Toll Highway Authority that the following Regulation is hereby adopted and promulgated pursuant to Section 8 (a) of The Toll Highway Act.
##### **92 Ill. Adm. Code 2510.10** Discharge of Sewage Into Open Ditches Along the Illinois Tollway {#sec-2510.10 omnilex-key=us-il-regs-official--title-92--2510.10}
No person, firm, corporation, or institution, public or private, shall discharge or empty any type of sewage, including the effluent from septic tanks or other sewage treatment devices, or any other domestic, commercial or industrial waste, or any putrescible liquids, or cause the same to be discharged or emptied in any manner into open ditches along the Illinois Tollway, or into any drain or drainage structure installed by the Authority for highway drainage purposes.
##### **92 Ill. Adm. Code 2510.20** Certified Copy {#sec-2510.20 omnilex-key=us-il-regs-official--title-92--2510.20}
The Secretary of the Authority be and he is hereby authorized and directed to file a certified copy of this Resolution with the Secretary of State in accordance with the provisions of the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1983, ch. 127, pars. 1001 et seq.)
##### **92 Ill. Adm. Code 2510.30** Effective Date {#sec-2510.30 omnilex-key=us-il-regs-official--title-92--2510.30}
This Resolution shall become effective immediately upon its approval and adoption.
### **Part 2520** State Toll Highway Rules
##### **92 Ill. Adm. Code 2520.100** Authority {#sec-2520.100 omnilex-key=us-il-regs-official--title-92--2520.100}
This Part is adopted and promulgated by the Authority, pursuant to the powers vested in the Authority by the Toll Highway Act, and supersedes all previous rules adopted and promulgated by the Illinois State Toll Highway Commission and the Illinois State Toll Highway Authority.
##### **92 Ill. Adm. Code 2520.110** Authority Rulemaking {#sec-2520.110 omnilex-key=us-il-regs-official--title-92--2520.110}
This Part shall be liberally construed to accomplish the purposes of the Toll Highway Act and the laws of the State of Illinois. This Part shall be available to the general public at the main administrative office of the Authority during regular business hours and on the Authority's web site. This Part is subject to modification, under the Illinois Administrative Procedure Act, at any time by the Authority's Board of Directors.
##### **92 Ill. Adm. Code 2520.120** Related Statutes {#sec-2520.120 omnilex-key=us-il-regs-official--title-92--2520.120}
The following statutes are referenced in this Part:
a) The Toll Highway Act [605 ILCS 10].
b) The Illinois Vehicle Code [625 ILCS 5].
c) The Administrative Review Law [735 ILCS 5/Art. III].
d) The Illinois Procurement Code [30 ILCS 500] and 44 Ill. Adm. Code 1.
e) The Illinois Administrative Procedure Act [5 ILCS 100].
##### **92 Ill. Adm. Code 2520.130** Definitions {#sec-2520.130 omnilex-key=us-il-regs-official--title-92--2520.130}
The following words and phrases, when used in this Part, shall have the following meanings:
"Authority" means the Illinois State Toll Highway Authority, an instrumentality and administrative agency of the State of Illinois, formerly known as the Illinois State Toll Highway Commission.
"Authorized Emergency Vehicles" means vehicles of fire departments and police departments, ambulances, emergency vehicles of public service companies, and other vehicles performing emergency services approved and authorized by the Authority.
"Barrier Toll Plaza" means all toll collection facilities located on the Tollway's traffic lanes, but does not include ramp or open road toll collection facilities.
"Certified Report" means the documents the Authority sends the Illinois Secretary of State pursuant to 625 ILCS 5/3-704.2 and 6-306.7.
"Department of Transportation" or "IDOT" means the Illinois Department of Transportation.
"Hazardous Materials" means explosives, radioactive materials, etiologic agents, flammable liquids and other dangerous materials.
"Hearing" means a hearing conducted by the Authority or appointed hearing officer to determine whether a violation of the Toll Highway Act and/or any of this Part has occurred.
"Hearing Officer" means a hearing officer appointed pursuant to Section 2520.705.
"I-PASS" means the Authority's electronic toll collection system.
"I-PASS Only Lanes" means those lanes restricted to vehicles, other than Open Road Toll Lanes, that have I-PASS transponders.
"I-PASS Transponder" means the Authority-issued electronic toll collection device, E-Z Pass or other Authority-authorized electronic toll collection device.
"Motor Driven Cycles" means a motorcycle or motor scooter with less than 150 cubic centimeter piston displacement, including motorized pedalcycles.
"Notice of Violation " means the information sent by the Authority to the respondent notifying the respondent of an alleged violation of Tollway rules.
"Oases" means property along the Tollway occupied by restaurants, buildings and service stations, and adjacent parking and landscaped areas.
"Open Road Toll" means those lanes that are restricted to vehicles with I-PASS transponders traveling at highway speed.
"Person" means any individual, firm, corporation, cooperative, association, trust, partnership, joint venture or other legally recognized entity.
"Respondent" means any person charged with violating the Tollway Highway Act or this Part.
"Right-of-Way" means the entire area of the Tollway within the fence lines (or the barrier walls, where no fence exists), including, but not limited to, the roadways, shoulders, plazas, and landscaped areas. The right-of-way does not include the Tollway's oases, maintenance buildings, central administration building or other Tollway buildings and their parking lots.
"Shoulder" means the portion of the roadway contiguous with the traveled way that accommodates stopped vehicles, is intended for emergency use, and, with proper signage, may provide limited duration use as a traffic lane.
"State Police" means the Illinois State Police.
"Toll" means the compensation to be paid to the Authority for the privilege of using the Tollway.
"Toll Highway Act" means 605 ILCS 10.
"Toll Plaza" means any toll collection facility located on the Tollway.
"Tollway" means any and all toll highways operated and maintained by the Authority pursuant to State and federal laws.
"Traffic Control Devices" means all directional devices, controls and markings installed by the Authority, its agents, or governmental partners for the purpose of regulating, warning, or guiding traffic.
"Traffic Lanes" are the lanes designated for vehicular travel on the Tollway that are designated numerically, with the extreme left lane of each directional roadway being numbered "Lane No. 1" and each lane to the right of Lane No. 1 carrying traffic in the same direction being numbered consecutively higher.
"Vehicle Code" means the Illinois Vehicle Code [625 ILCS 5].
"Violation" means one or more acts prohibited by the Toll Highway Act and/or this Part.
"V-Tolled" means the Tollway service that debits an unpaid toll from an I-PASS customer's valid account when a transaction is not read by the I-PASS electronic toll collection equipment and license plate information is captured by the Authority's video or photo surveillance system.
Any and all terms that are not specifically defined in this Section shall have the meanings ascribed to them in the Vehicle Code and the Toll Highway Act.
**History**
- *Source: Amended at 35 Ill. Reg. 535, effective December 27, 2010*
##### **92 Ill. Adm. Code 2520.200** Illinois Vehicle Code {#sec-2520.200 omnilex-key=us-il-regs-official--title-92--2520.200}
This Subpart B is applicable to traffic on the Tollway and is adopted and prescribed by the Authority pursuant to the power vested in the Authority by the Toll Highway Act. Except when inconsistent with this Part, the Illinois Vehicle Code regulates traffic and the operation of motor vehicles on the Tollway.
##### **92 Ill. Adm. Code 2520.203** Use of Tollway Prohibited or Restricted {#sec-2520.203 omnilex-key=us-il-regs-official--title-92--2520.203}
The following are prohibited on the Tollway or any part of its right-of-way:
a) Pedestrians, except at authorized areas at oases, toll plazas and maintenance areas.
b) Animals led, ridden or driven on the hoof.
c) Bicycles or motor driven cycles.
d) Vehicles transporting animals or poultry not properly secured or confined.
e) Vehicles with deflated pneumatic tires, metal tires, caterpillar treads, studded tires or tires with chains.
f) Vehicles with loads improperly secured or vehicles transporting gravel, sand, limestone or like materials capable of being windblown or escaping from the vehicles in any manner, unless such load is securely covered.
g) Farm implements and machinery, whether self-propelled or towed, excluding those properly and safely loaded onto a vehicle.
h) Vehicles exceeding the size, weight and load limitations set out in the Vehicle Code; however, subject to Tollway approval, oversized and overweight vehicles may be permitted on the Tollway pursuant to the terms and conditions contained in Appendix A.
i) Vehicles incapable of maintaining a minimum speed of 45 miles per hour on a level grade.
j) House trailers, during extreme wind, adverse weather or unusual traffic conditions.
k) Convoys, processions or assemblages of more than 10 vehicles without the prior approval of District 15 of the State Police.
l) Vehicles that are in such disrepair, are so poorly equipped or loaded, or are so lacking in equipment that they create a hazard to other vehicles.
m) Vehicles equipped with tinted plastic or tinted glass registration plate covers or any covers, coating, wrappings, materials, streaking, distorting, holographic, reflective, or other devices that obstruct the visibility or electronic image recording of the plate. This prohibition shall not apply to automatic vehicle identification transponder devices, cards or chips issued by a governmental body or authorized by a governmental body for the purpose of electronic payment of tolls or other authorized payments.
##### **92 Ill. Adm. Code 2520.206** Vehicles Exempted from Provisions of Section 2520.203 {#sec-2520.206 omnilex-key=us-il-regs-official--title-92--2520.206}
Vehicles may be exempted from the provisions of Section 2520.203 of this Part while actively engaged in construction, maintenance and/or landscaping work for the Authority if the owner or operator of the vehicle secures prior written approval from an authorized representative of the Engineering Department of the Authority. Such approval shall not relieve the person from full and complete liability and responsibility for the condition of the vehicle and the actions or inactions of the owners and operators of the vehicle and for any damage or injury caused by the vehicle or its operation.
##### **92 Ill. Adm. Code 2520.209** Transportation of Hazardous Materials {#sec-2520.209 omnilex-key=us-il-regs-official--title-92--2520.209}
No person directly or through any agent or employee may use the Illinois Tollway for transporting hazardous materials unless in compliance with all applicable laws, including 49 CFR 171-180 and 263.
##### **92 Ill. Adm. Code 2520.212** Special Usage Toll {#sec-2520.212 omnilex-key=us-il-regs-official--title-92--2520.212}
No person shall operate a vehicle on the Tollway that exceeds the size and load limitations set forth in Sections 15-100 through 15-107 of the Vehicle Code without paying the special usage toll as provided in Appendix A. Any person who uses or attempts to use the Tollway without proper payment of the Special Usage Toll or fee as required by this Section shall be deemed guilty of a petty offense under Section 27.1 of the Toll Highway Act. A Special Usage Toll Permit will be issued on the following terms and conditions:
a) A Special Usage Toll Permit may be obtained electronically from the Tollway or from the plaza supervisor or collector in charge of the first manned toll plaza reached upon entering the Tollway. The vehicle shall not proceed any farther on the Tollway until a Permit is issued and the proper Special Usage Toll is paid.
b) The Special Usage Toll Permit must be exhibited at all toll plazas during the course of the permitted trip on the Tollway.
##### **92 Ill. Adm. Code 2520.215** Loading or Unloading of Vehicles {#sec-2520.215 omnilex-key=us-il-regs-official--title-92--2520.215}
Loading or unloading vehicles on the right-of-way is prohibited without prior Tollway approval.
##### **92 Ill. Adm. Code 2520.218** Full Stop at All Toll Plazas {#sec-2520.218 omnilex-key=us-il-regs-official--title-92--2520.218}
Except at lanes marked "I-PASS Only" or "Open Road Toll", all vehicles must come to a full stop at all toll plazas at the time of payment of tolls. When red/green signal lights control a toll plaza lane, the driver of a vehicle shall not proceed until receiving the green light signal.
##### **92 Ill. Adm. Code 2520.221** Entering and Leaving the Tollway {#sec-2520.221 omnilex-key=us-il-regs-official--title-92--2520.221}
Entering or exiting the Tollway at any location other than designated entrance ramps or traffic lanes is prohibited. The use of service roads for entry and exit to the Tollway is prohibited. This Section shall not prohibit the use of the service roads by Authority vehicles, Authorized Emergency Vehicles or any other vehicle authorized by the Authority.
##### **92 Ill. Adm. Code 2520.224** "u" Turns, Etc. {#sec-2520.224 omnilex-key=us-il-regs-official--title-92--2520.224}
The making of "U" turns on the Tollway, driving around toll barriers or driving through maintenance areas is prohibited, except by Authorized Emergency Vehicles, Authority vehicles, and any other vehicle authorized by the Authority.
##### **92 Ill. Adm. Code 2520.227** Backing Up of Vehicles {#sec-2520.227 omnilex-key=us-il-regs-official--title-92--2520.227}
The backing up of a vehicle on any ramp or traffic lane or improved shoulder adjacent to the ramp or lane is prohibited.
##### **92 Ill. Adm. Code 2520.230** Parking, Standing or Stopping {#sec-2520.230 omnilex-key=us-il-regs-official--title-92--2520.230}
Parking, standing or stopping on the right-of-way is prohibited. In emergencies, stopped vehicles shall be immediately driven or moved off the traveled portion of the traffic lane or ramp. Except where otherwise posted, no vehicle shall be left unattended or abandoned on the right-of-way by the owner or operator of the vehicle for more than 2 hours without a permit issued by the State Police.
##### **92 Ill. Adm. Code 2520.233** Relocating of Vehicles {#sec-2520.233 omnilex-key=us-il-regs-official--title-92--2520.233}
Any vehicle left unattended or abandoned in violation of Section 2520.230 or any vehicle constituting a traffic hazard shall be subject to immediate relocation at the expense of the owner or operator of the vehicle. State Police and Authority personnel are authorized to remove or cause to be removed any unattended or abandoned vehicle by an authorized towing service or by other means that may be available, at the sole expense of the owner or operator of the vehicle.
##### **92 Ill. Adm. Code 2520.236** Pushing or Towing of Vehicles {#sec-2520.236 omnilex-key=us-il-regs-official--title-92--2520.236}
a) Pushing. The pushing of any vehicle by another vehicle is prohibited except in emergencies. In such an emergency, a disabled vehicle may be pushed off the traffic lanes onto the adjacent shoulder for the purpose of parking, standing or stopping, as provided in Section 2520.230 of this Part.
b) Towing. Except in emergencies, no vehicle shall be towed by another vehicle without a rigid hitch designed and installed so as to give the operator of the towing vehicle full and complete control of the towed vehicle. In an emergency, a disabled vehicle may be towed off the traffic lanes onto the adjacent shoulder for the purposes of parking, standing or stopping, as provided in Section 2520.230 of this Part.
##### **92 Ill. Adm. Code 2520.239** Stopping or Halting Vehicles by the Authority {#sec-2520.239 omnilex-key=us-il-regs-official--title-92--2520.239}
The Authority, the Illinois State Police and persons authorized by the Authority may stop or halt vehicles as necessary to conduct traffic surveys, in emergencies, and for any other lawful purpose.
##### **92 Ill. Adm. Code 2520.242** Destruction of Authority Property {#sec-2520.242 omnilex-key=us-il-regs-official--title-92--2520.242}
No person shall cut, mutilate, deface, damage or remove any property or equipment of the Authority or of its vendors, operators, licencees, lessees, agents or contractors.
##### **92 Ill. Adm. Code 2520.245** Picnics {#sec-2520.245 omnilex-key=us-il-regs-official--title-92--2520.245}
Picnicking within the right-of-way is prohibited.
##### **92 Ill. Adm. Code 2520.248** Aircraft {#sec-2520.248 omnilex-key=us-il-regs-official--title-92--2520.248}
No aircraft, except those authorized by the Authority or the State Police, shall take off, land or otherwise be operated within the right-of-way.
##### **92 Ill. Adm. Code 2520.251** Sale of Goods and Services {#sec-2520.251 omnilex-key=us-il-regs-official--title-92--2520.251}
No person shall offer or display goods or services for sale or promotion, or post, display or distribute signs, circulars, or printed matter, or operate public address equipment on Authority property, including its right-of-way, except as authorized by the Authority.
##### **92 Ill. Adm. Code 2520.254** Solicitation of Rides {#sec-2520.254 omnilex-key=us-il-regs-official--title-92--2520.254}
No person shall solicit or attempt to solicit rides from the driver of any vehicle using the Tollway.
##### **92 Ill. Adm. Code 2520.257** Loitering or Interfering with Traffic {#sec-2520.257 omnilex-key=us-il-regs-official--title-92--2520.257}
No person shall loiter on Tollway property or in any manner interfere with traffic or the control of traffic.
##### **92 Ill. Adm. Code 2520.260** Approaching/Departing a Toll Plaza {#sec-2520.260 omnilex-key=us-il-regs-official--title-92--2520.260}
The driver of a vehicle approaching or departing a toll plaza shall approach or depart from a toll plaza in as direct a manner as possible and adjust vehicular speed and lateral position so as to avoid collision with other vehicles or property.
##### **92 Ill. Adm. Code 2520.263** Compliance with Orders or Directions of State Police Troopers, Etc. {#sec-2520.263 omnilex-key=us-il-regs-official--title-92--2520.263}
No person shall willfully fail or refuse to comply with any lawful order or direction of any State Police trooper or any Authority employee or agent.
##### **92 Ill. Adm. Code 2520.266** Duty Upon Striking Fixtures, Structures or Other Property on Tollway {#sec-2520.266 omnilex-key=us-il-regs-official--title-92--2520.266}
Any person involved in any damage to fixtures, structures, or other property of the Authority or of its vendors, operators, licensees, lessees, agents or contractors shall notify the Authority immediately of the damage and of the details surrounding the occurrence. For the purpose of this Section, notice to the State Police, District 15, shall also constitute notice to the Authority.
##### **92 Ill. Adm. Code 2520.269** Payment of Tolls {#sec-2520.269 omnilex-key=us-il-regs-official--title-92--2520.269}
a) All persons driving vehicles on the Tollway, except as provided in subsection (b), are required to pay the prescribed toll at each toll plaza. Tolls may be paid in the following manner:
1) By currency or change in legal tender of the United States of America presented to a toll collector, or by correct change deposited in the automatic coin machine;
2) By I-PASS; or
3) By an electronic toll collection account in good standing with a toll agency that has entered into a reciprocity agreement with the Tollway.
b) Tolls are not required of Authority officers and employees while on Authority business, or of public police, public fire or public ambulance vehicles when on emergency business or duty necessitating the use of the Tollway system, and when the vehicle is readily identifiable.
d) Coin and currency lying in and around toll collection facilities are the Authority's property. Any person other than an authorized Authority employee or agent who removes any coin from the pavement or from the ground surface within 25 feet of a toll collection facility shall be guilty of a petty offense.
e) No vehicle shall be driven through a toll plaza collection facility without payment of the proper toll. In the event of non-payment of the proper toll, as evidenced by video or photo surveillance system or toll collector's sworn statement, the registered owner of that vehicle shall, upon notice to the registered owner, be liable to make prompt payment to the Authority of the proper toll charge as well as applicable fines and fees. This subsection shall not apply if the driver of the vehicle is fined or otherwise penalized for the same violation under the Vehicle Code or other rule or regulation regarding failure to pay the prescribed toll.
##### **92 Ill. Adm. Code 2520.272** I-Pass Registration {#sec-2520.272 omnilex-key=us-il-regs-official--title-92--2520.272}
a) A license plate may not be registered to or utilized with any I-PASS account if the person to whom the license plate was registered has been adjudicated liable for utilizing the Tollway without the payment of the proper toll and there remains a balance for unpaid tolls, fines, and/or other fees.
b) No person may open or utilize an I-PASS account or associated toll collection services if that person has been adjudicated liable for utilizing the Tollway without the payment of the proper toll and the person has unpaid tolls, fines and/or other fees.
c) Use of I-PASS by a person or license plate with an unpaid toll violation balance shall be deemed a toll violation subject to full enforcement measures and sanctions provided by law.
##### **92 Ill. Adm. Code 2520.275** Prohibited and Restricted Lanes {#sec-2520.275 omnilex-key=us-il-regs-official--title-92--2520.275}
a) No vehicle on the Tollway shall pass through any lane designated "DO NOT ENTER" except authorized State Police, Authority, Authority agent or authorized emergency vehicles.
b) Only vehicles equipped with a properly mounted I-PASS transponder may use lanes designated as Open Road Toll Lanes or I-PASS Express.
##### **92 Ill. Adm. Code 2520.278** Traffic Control Devices {#sec-2520.278 omnilex-key=us-il-regs-official--title-92--2520.278}
a) All persons driving vehicles upon the Tollway are required to obey all traffic control devices on the Tollway, unless otherwise directed by a member of the State Police, Authority employees or agents, or emergency service providers.
b) The Engineering Department of the Authority shall have the power to establish specifications for traffic control devices on the Tollway; provided, however, that unless the Authority or its Engineering Department has established contrary specifications, the current Department of Transportation specifications for traffic control devices shall apply.
##### **92 Ill. Adm. Code 2520.281** Penalty for Violation {#sec-2520.281 omnilex-key=us-il-regs-official--title-92--2520.281}
Except when a different penalty is expressly provided, any person who violates any provision of this Subpart B shall be deemed guilty of a petty offense and, upon conviction, shall be subject to punishment as provided by law for petty offenses.
##### **92 Ill. Adm. Code 2520.300** Authority {#sec-2520.300 omnilex-key=us-il-regs-official--title-92--2520.300}
This Subpart C is applicable to persons and vehicles on Authority right-of-way and is adopted by the Authority pursuant to the power vested in the Authority by the Toll Highway Act.
##### **92 Ill. Adm. Code 2520.310** Restriction of Vehicles Using the Tollway {#sec-2520.310 omnilex-key=us-il-regs-official--title-92--2520.310}
Use of the Tollway, including the entering of the Tollway right-of-way at any point by any motor vehicle or by any other method for the purpose of proceeding on, across or along the Tollway, is restricted to vehicles not prohibited by Section 2520.203 of this Part, and use of the Tollway is further restricted to:
a) Vehicles that have paid tolls as required by Sections 2520.212 and 2520.269 and, where applicable, the overweight permit fee provided in Section 2520.203 and Appendix A; and
b) Vehicles that have entered the Tollway as part of travel to or from highways on ramps provided for that purpose.
##### **92 Ill. Adm. Code 2520.320** Restriction on Nature of Use of Tollway {#sec-2520.320 omnilex-key=us-il-regs-official--title-92--2520.320}
a) Any person may use the Tollway only as a transportation facility in accordance with the rules adopted by the Authority pursuant to its powers under Section 10 of the Toll Highway Act and shall not use the Tollway or the right-of-way for any other purposes.
b) Any person using any part of the Tollway or right-of-way except as provided in this Part is guilty of a trespass.
c) Any person who fails to immediately depart from Authority property after being directed to leave by the State Police or the Authority is subject to arrest and/or immediate removal from Authority property.
##### **92 Ill. Adm. Code 2520.340** Persons and Vehicles Excepted from the Requirements of Subpart C {#sec-2520.340 omnilex-key=us-il-regs-official--title-92--2520.340}
Nothing contained in this Subpart C shall be construed as applying to the Authority, its Directors, officers, employees, agents, or contractors in the conduct of the Authority's business or to persons having a written license or permit from the Authority authorizing uses otherwise prohibited by this Subpart C, or to the activities of police, public fire, public ambulance or tow truck vehicles properly called upon the Tollway for emergency purposes while carrying out such purposes.
##### **92 Ill. Adm. Code 2520.350** Penalties {#sec-2520.350 omnilex-key=us-il-regs-official--title-92--2520.350}
Any person who violates any provision of this Subpart C shall be guilty of a trespass and shall be subject to prosecution and, upon conviction, shall be subject to punishment in accordance with Section 21-3 of the Illinois Criminal Code [720 ILCS 5/21-3].
##### **92 Ill. Adm. Code 2520.410** Maximum Speed Limits for Passenger Cars {#sec-2520.410 omnilex-key=us-il-regs-official--title-92--2520.410}
The following shall be the maximum speed limits for passenger cars (includes motorcycles) on the Tollway, except as provided by Sections 2520.430 and 2520.440:
a) Tri-State Tollway (I-94 and I-294):
70 miles per hour north of I-94 M.P.7.5 (Stearns School Road).
65 miles per hour between I-94 M.P.7.5 (Stearns School Road) and I-94 M.P.24.2 (Deerfield Road).
60 miles per hour between I-94 M.P.24.2 (Deerfield Road) and M.P.25.2 (Lake-Cook Road).
60 miles per hour between I-294 M.P.52.7 (Lake-Cook Road) and M.P. 42.2 (Touhy Avenue).
60 miles per hour between I-294 M.P.23.1 (I-55) and M.P.7.6 (I-57).
55 miles per hour on the remainder of I-294 and I-94.
b) Jane Addams Memorial Tollway (I-90):
60 miles per hour east of M.P.74.4 (Des Plaines Oasis).
70 miles per hour west of M.P.74.4 (Des Plaines Oasis).
c) Reagan Memorial Highway (I-88):
60 miles per hour between M.P.140.4 (I-290/Eisenhower Expressway) and M.P.117.1 (Illinois Route 31).
65 miles per hour between M.P.117.1 (Illinois Route 31) and M.P.109.0 (west of Illinois Route 47).
70 miles per hour west of M.P.109.0 (west of Illinois Route 47).
d) Veterans Memorial Tollway (I-355):
60 miles per hour between M.P.12.0 (I-55) and M.P.29.8 (Army Trail Road).
70 miles per hour south of M.P.12.0 (I-55).
**History**
- *Source: Amended at 42 Ill. Reg. 796, effective December 27, 2017*
##### **92 Ill. Adm. Code 2520.420** Maximum Speed Limits for Trucks, Buses, Passenger Cars Towing Trailers, House Trailers and Campers {#sec-2520.420 omnilex-key=us-il-regs-official--title-92--2520.420}
a) The following shall be the maximum speed limits for trucks and passenger cars towing trailers, house trailers and campers on the Tollway, except as provided by Sections 2520.430 and 2520.440:
1) Tri-State Tollway (I-94 and I-294):
60 miles per hour north of I-94 M.P.25.2 (Lake-Cook Road).
60 miles per hour between I-294 M.P.52.7 (Lake-Cook Road) and M.P.42.2 (Touhy Avenue).
60 miles per hour between I-294 M.P.23.1 (I-55) and M.P.7.6 (I-57).
55 miles per hour on the remainder of I-294 and I-94.
2) Jane Addams Memorial Tollway (I-90):
60 miles per hour east of M.P. 31.2 (McHenry County Line).
70 miles per hour west of M.P.31.2 (McHenry County Line).
3) Reagan Memorial Highway (I-88):
60 miles per hour between M.P.140.4 (I-290/Eisenhower Expressway) and M.P.101.0 (Kane/DeKalb County Line).
70 miles per hour west of M.P.101.0 (Kane/DeKalb County Line).
4) Veterans Memorial Tollway (I-355):
60 miles per hour between M.P.0.0 (I-80) and M.P.29.8 (Army Trail Road).
b) The following shall be the maximum speed limits for buses on the Tollway, except as provided by Sections 2520.430 and 2520.440:
1) Tri-State Tollway (I-94 and I-294):
65 miles per hour north of I-94 M.P.24.2 (Deerfield Road).
60 miles per hour between I-94 M.P.24.2 (Deerfield Road) and M.P.25.2 (Lake-Cook Road).
60 miles per hour between I-294 M.P.52.7 (Lake-Cook Road) and M.P.42.2 (Touhy Avenue).
60 miles per hour between I-294 M.P. 23.1 (I-55) and M.P.7.6 (I-57).
55 miles per hour on the remainder of I-294 and I-94.
2) Jane Addams Memorial Tollway (I-90):
60 miles per hour east of M.P.74.4 (Des Plaines Oasis).
65 miles per hour between M.P.74.4 (Des Plaines Oasis) and M.P.31.2 (McHenry County Line).
70 miles per hour west of M.P.31.2 (McHenry County Line).
3) Reagan Memorial Highway (I-88):
60 miles per hour between M.P.140.4 (I-290/Eisenhower Expressway) and M.P.117.1 (Illinois Route 31).
65 miles per hour between M.P.117.1 (Illinois Route 31) and M.P.101.0 (Kane/DeKalb County Line).
70 miles per hour west of M.P.101.0 (Kane/DeKalb County Line).
4) Veterans Memorial Tollway (I-355):
60 miles per hour between M.P.12.0 (I-55) and M.P.29.8 (Army Trail Road).
65 miles per hour between M.P.0.0 (I-80) and M.P.12.0 (I-55).
**History**
- *Source: Amended at 42 Ill. Reg. 796, effective December 27, 2017*
##### **92 Ill. Adm. Code 2520.430** Maximum Speed Limits for Designated I-Pass Lanes, Service Areas, Parking Areas, Access Roads and Ramps, and Barrier Toll Plaza Approaches {#sec-2520.430 omnilex-key=us-il-regs-official--title-92--2520.430}
a) The maximum speed limit for I-PASS Only electronic toll collection lanes shall be 30 m.p.h. or as otherwise posted.
b) The maximum speed limit for Open Road Toll electronic toll collection lanes shall be 55 m.p.h., or as otherwise posted.
##### **92 Ill. Adm. Code 2520.440** Road Hazards and Construction Zones {#sec-2520.440 omnilex-key=us-il-regs-official--title-92--2520.440}
The Authority may temporarily alter and post maximum and minimum speed limits for all vehicles due to road hazards or for construction work. All vehicles shall comply with the posted speed limits in those zones.
##### **92 Ill. Adm. Code 2520.450** Special Road Conditions {#sec-2520.450 omnilex-key=us-il-regs-official--title-92--2520.450}
Motorists on the Tollway are required, in accordance with Section 11-601 of the Vehicle Code, to reduce their speed because of special traffic, highway and weather conditions, road hazards, curves, ramps, merging traffic and other like conditions to a speed that is reasonable under the circumstances, so as not to endanger the safety of any person or property.
##### **92 Ill. Adm. Code 2520.460** Minimum Speed Limits {#sec-2520.460 omnilex-key=us-il-regs-official--title-92--2520.460}
Minimum speed limits for all vehicles operated on the Tollway shall be 45 miles per hour, except as posted or otherwise indicated in this Part.
##### **92 Ill. Adm. Code 2520.510** Violations {#sec-2520.510 omnilex-key=us-il-regs-official--title-92--2520.510}
Any person who violates any rule or regulation adopted or promulgated by the Authority pursuant to Section 10(b) of the Toll Highway Act shall be guilty of a petty offense.
##### **92 Ill. Adm. Code 2520.520** Littering - Penalty {#sec-2520.520 omnilex-key=us-il-regs-official--title-92--2520.520}
It is unlawful for any person to deposit within the right-of-way or other property of the Tollway any trash, glass, weeds, garbage or other offensive matter. Any person so offending shall be guilty of a petty offense and shall be fined not less than $5 nor more than $50.
##### **92 Ill. Adm. Code 2520.530** Spurious or Counterfeit Tickets, Coupons, or Tokens - Penalty {#sec-2520.530 omnilex-key=us-il-regs-official--title-92--2520.530}
It is unlawful for any person to use any spurious or counterfeit tickets, coupons, tokens, electronic toll collection devices or tags in payment of any toll required to be paid to the Authority under the provisions of this Part. Any person who attempts to use the Tollway without payment of the tolls required by the Authority through the use of any spurious or counterfeit method shall be deemed guilty of a petty offense and shall be fined not less than $5 nor more than $100 for each offense. Each day any Tollway is used by such person in violation of this Act shall constitute a separate offense.
##### **92 Ill. Adm. Code 2520.540** Toll Collection Devices - Penalty for Breaking {#sec-2520.540 omnilex-key=us-il-regs-official--title-92--2520.540}
Any Person who willfully, maliciously and forcibly breaks any mechanical or electronic toll collection device of the Authority or any appurtenance thereto with intent to commit larceny shall be deemed guilty of a Class 4 felony [605 ILCS 10/28].
##### **92 Ill. Adm. Code 2520.550** I-Pass Customer – Penalties and Fees {#sec-2520.550 omnilex-key=us-il-regs-official--title-92--2520.550}
a) The registered owner of a vehicle cited by the Illinois State Police for traffic violations that pose a significant public safety risk occurring within ½ mile prior to a toll collection point, at a toll collection point, or within ½ mile beyond a toll collection point will be suspended from the Tollway's I-PASS program for a period of 180 days. The I-PASS suspension shall commence no sooner than 30 days after the citation is disposed of with a finding of guilty and 10 days after the registered owner is supplied a final notice of suspension based on this subsection. The suspension shall apply to all I-PASS accounts registered to the owner of the vehicle who was the subject of the citation. For purposes of this subsection, traffic violations that pose a significant public safety risk shall be limited to violations of the following Sections of the Illinois Vehicle Code: Sections 6-101 (driving without a valid license or permit), 6-303 (driving on suspended or revoked license), 6-507 (driving a commercial motor vehicle without a valid commercial driver's license), 6-515 (driving under the influence on a CDL), 11-501 (driving under the influence), 11-502 (open alcohol in vehicle), 11-503 (reckless driving or aggravated reckless driving), 11-504 (drag racing), 11-601.5 (driving 40 mph or more over applicable limit), 11-709 (improper lane usage), 11-907 (improper operation near emergency vehicle) and 11-908 (improper operation near or in a construction or maintenance zone).
b) The author of any check that is returned to the Authority unpaid will be subject to a $25 administrative fee. If payment in the amount of the check plus the $25 fee is not received from the customer within 10 days after final notification that the check has been returned and that the administrative fee is being charged, the customer's account will be suspended and all transponders assigned to the account will be deactivated.
c) I-PASS customers who are V-Tolled more than five times in a calendar month on any individual license plate registered to a customer's I-PASS or other electronic tolling account will be charged the cash toll rate for the sixth and every subsequent V-Toll incurred during that month. If the customer's license plate is V-Tolled five or fewer times in a calendar month, the account shall be charged the discounted I-PASS rate for those V-Tolled transactions. The Tollway shall endeavor to provide the I-PASS customer with electronic or robo-call notice within 24 hours after the sixth V-Toll transaction.
d) An I-PASS customer whose account balance falls below $0 for 30 or more days will be assessed an administrative fee of $5 if the tolls owed are less than $25. The account holder will be assessed an administrative fee of $25 if the amount of the unpaid tolls is $25 or more. If the customer fails to pay the unpaid tolls and administrative fee within 21 days from the date of final notification that his or her account balance is insufficient, the customer's account will be suspended and all transponders assigned to the account will be deactivated.
e) Final notices of fees due or I-PASS account suspensions issued under this Section shall be considered final administrative orders of the Authority subject to judicial review in accordance with the Illinois Administrative Review Law [735 ILCS 5/Art. III].
**History**
- *Source: Amended at 42 Ill. Reg. 796, effective December 27, 2017*
##### **92 Ill. Adm. Code 2520.700** Authority {#sec-2520.700 omnilex-key=us-il-regs-official--title-92--2520.700}
Pursuant to 605 ILCS 10/10(a-5), Subpart F provides for an administrative adjudication system with respect to the alleged operation of a vehicle on the Tollway without the required toll having been paid, as detected by the Authority's video or photo surveillance system, and post-adjudication enforcement.
##### **92 Ill. Adm. Code 2520.705** Notice of Violation to Respondent {#sec-2520.705 omnilex-key=us-il-regs-official--title-92--2520.705}
The Authority, or its duly authorized agent, shall give a Notice of Violation to the respondent of the alleged toll violation. The Notice of Violation shall be served on the respondent by First Class United States Mail or other means as provided by law, postage prepaid, to the address of the registered owner of the cited vehicle as recorded with the Secretary of State's vehicle registration records or to the lessee of the cited vehicle at the last address known to the lessor of the cited vehicle at the time of the lease. The Notice of Violation shall specify the date, approximate time and location of the violations cited, the regulation violated, the State registration number of the cited vehicle (if available), the amount of the unpaid tolls, and the applicable fines and fees. The Notice of Violation shall include a statement that failure to satisfy any fine or fee imposed by the Authority may result in the Secretary of State suspending the driving privileges, vehicle registration, or both, of the person failing to satisfy the fines or fees imposed by the Authority for non-payment of tolls. The Notice of Violation shall inform the respondent of the availability of a hearing in which the violation may be contested on its merits and the manner in which the hearing may be conducted. The Notice of Violation shall inform the respondent that failure to contest the alleged violations in the manner and time provided shall be deemed an admission of liability and that a final order of liability may be entered on that admission. The Notice of Violation shall further state that failure to either pay the indicated toll, fine or fee or to request a hearing on the merits will result in a final order of liability in the amount of the toll, fine or fee indicated. A duly authorized agent of the Authority may perform or execute the preparation, certification, affirmation, or mailing of the Notice of Violation.
##### **92 Ill. Adm. Code 2520.710** Effective Date of Notices {#sec-2520.710 omnilex-key=us-il-regs-official--title-92--2520.710}
Unless otherwise specified in this Part, service of any notice contained in this Subpart F shall be deemed complete 3 calendar days after the date indicated on the notice.
##### **92 Ill. Adm. Code 2520.715** Establishment of the Toll-Free Telephone Number {#sec-2520.715 omnilex-key=us-il-regs-official--title-92--2520.715}
The Authority shall establish a toll-free telephone number to receive, during its regular business hours, inquiries concerning alleged violations.
##### **92 Ill. Adm. Code 2520.720** Timely Request for Hearing {#sec-2520.720 omnilex-key=us-il-regs-official--title-92--2520.720}
Upon receipt of a timely request for a hearing from the registered vehicle owner, the Authority or its duly authorized agent shall provide notice of the date, time and location of the hearing to the respondent. The hearing shall be scheduled during regular business hours and shall be held at the main office of the Authority or at any other location designated by the Authority for the hearings.
##### **92 Ill. Adm. Code 2520.725** Hearing Officers – Appointment, Disqualification, Powers and Duties {#sec-2520.725 omnilex-key=us-il-regs-official--title-92--2520.725}
a) The Authority shall appoint independent attorneys to serve as hearing officers in administrative hearings under this Subpart F. Hearing officers shall be attorneys admitted to the practice of law in the State of Illinois for at least 5 years and shall participate in a formal training program on the relevant substantive and procedural law and judicial conduct before assuming their duties as hearing officers.
b) A motion to disqualify a hearing officer may be made for bias, conflict of interest or other good cause and must be made prior to the commencement of the hearing.
c) The powers and duties of the hearing officer at the hearing include, but are not limited to:
1) presiding over the hearing;
2) explaining the procedures of the hearing to the parties;
3) administering oaths and listening to testimony;
4) ruling on the admissibility of evidence and permitting parties to present evidence;
5) permitting parties to examine and cross-examine witnesses; and
6) issuing a final order indicating his/her findings.
##### **92 Ill. Adm. Code 2520.730** Discovery {#sec-2520.730 omnilex-key=us-il-regs-official--title-92--2520.730}
a) The respondent will be permitted to schedule an appointment to review video or photo surveillance evidence pertaining to the Notice of Violation. These appointments shall be made during regular business hours of the Authority and shall take place at the Violation Administration Center in the Authority's central office located at 2700 Ogden Avenue, Downers Grove, Illinois 60515, or any other location designated by the Authority.
b) Written discovery shall be limited to the production of documents and identification of witnesses that each party intends to introduce or call at the hearing. Nothing in this subsection (b) shall impose a duty upon the Authority to serve respondent with documents that the Tollway had previously sent to the respondent.
##### **92 Ill. Adm. Code 2520.735** Continuance {#sec-2520.735 omnilex-key=us-il-regs-official--title-92--2520.735}
The hearing officer may grant a continuance only upon a finding of good cause. A respondent may be granted one continuance to seek retention of legal counsel, but that motion must be made before the introduction of any testimony or other evidence on the merits. A disruption in the automated adjudicatory file system shall also be grounds for an additional continuance.
##### **92 Ill. Adm. Code 2520.740** Hearings Format {#sec-2520.740 omnilex-key=us-il-regs-official--title-92--2520.740}
a) Each toll violation shall be considered an individual violation.
b) The Authority may be represented by an employee or duly authorized agent at the hearing or may proceed on the Notice of Violation. The hearing officer shall not present any evidence on behalf of the Authority; provided, however, that the Notice of Violation may be placed into the record by the hearing officer. A respondent may represent himself or herself or be represented by a duly authorized agent.
c) The Authority and the respondent may introduce into evidence, and the hearing officer may consider, all video or photo surveillance evidence relating to the alleged violations, the evidentiary foundation for which shall be presumed valid subject to rebuttal. A Notice of Violation or facsimile of the notice, sworn or affirmed to or certified by a duly authorized agent of the Authority based upon an inspection of photographs, microphotographs, videotape, or other recorded images produced by a video or photo surveillance system, shall be admitted as prima facie evidence of the correctness of the facts contained in the Notice of Violation.
d) Each party to the hearing may make an opening statement, call, examine and cross-examine witnesses, and offer evidence for the record. Evidence may be written or oral.
e) Each party may make a closing argument at the conclusion of the hearing.
f) No testimony shall be given or received at the hearing relating to discussions, offers, counter offers, rejections or admissions at any settlement conferences that may have occurred.
g) Any written stipulations of the parties may be introduced as evidence at the hearing. These stipulations shall be introduced at the beginning of the hearing and shall become part of the record of the hearing.
h) The Authority may, at its sole discretion, establish a process in which respondents may contest alleged violations by a telephonic hearing or mail-in hearing as opposed to an in-person hearing.
i) The hearing officer shall have full authority to conduct and control the procedure at the hearing. The hearing officer shall not be bound by the strict rules of evidence applicable to the courts; irrelevant, immaterial, or unduly repetitious evidence shall be excluded. Evidence not admissible under the rules of evidence may be admitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Objections to evidentiary offers may be made, shall be ruled upon by the hearing officer, and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced, any part of the evidence may be received in written form. Oral testimony in in-person or telephonic hearings may be recorded by audio or electronic means, provided that, in the event of a recording loss or malfunction, the hearing officer may prepare a written summary of the oral testimony for purposes of administrative review.
j) The hearing officer shall apply a preponderance of the evidence standard to determine respondent's liability for the alleged violations.
k) Upon completion of a hearing on the merits, the hearing officer shall issue a final order setting forth his or her findings as to liability or non-liability of the respondent. If the hearing officer finds for the Authority, the final order of liability shall assess the tolls, fines and fees that the respondent owes to the Authority. The final order of liability shall state that an additional fine of $50 per violation will be assessed, by operation of law and without further notice or order, if respondent fails to pay the proper toll, fine and/or fee to the Authority within 30 calendar days after the issuance of a final order of liability. A final order of liability shall inform the parties of their right to seek judicial review under the Administrative Review Law and include a statement that failure to satisfy any toll, fine or fee imposed by the final order of liability may result in the Secretary of State suspending the driving privileges, vehicle registration, or both of the registered vehicle owner.
**History**
- *Source: Amended at 38 Ill. Reg. 19780, effective September 25, 2014*
##### **92 Ill. Adm. Code 2520.745** Failure to Respond to Notice of Violation – Default {#sec-2520.745 omnilex-key=us-il-regs-official--title-92--2520.745}
A registered vehicle owner who fails to either pay in full all outstanding tolls, fines and fees set forth in the Notice of Violation or to file a request for a hearing within the time permitted shall be deemed to have admitted liability and to have waived his or her right to a hearing and the Authority may enter a final order of liability against the registered vehicle owner.
##### **92 Ill. Adm. Code 2520.750** Penalties {#sec-2520.750 omnilex-key=us-il-regs-official--title-92--2520.750}
The Authority shall assess the registered owner of any vehicle driven through a toll plaza without the payment of the proper toll the following penalties:
a) Upon a finding of liability, the registered owner of the vehicle shall be liable for the outstanding toll, a $10 fine for each toll violation occurring on the Elgin-O'Hare Tollway and a $20 fine for each violation occurring on the remainder of the Tollway, and all applicable fees.
b) Additional Fine
1) Upon the failure of the registered owner to pay the toll, fine and/or fee to the Authority within 30 days after notice of a final order of liability, the Authority shall assess the registered owner an additional fine of $25 for violations occurring on the Elgin-O'Hare Tollway and $50 for violations occurring on the remainder of the Tollway. This additional fine shall apply to each violation without further notice or order.
2) Pilot Program
Notwithstanding the requirement of subsection (a), the Authority Board may establish by Resolution a temporary program under which the $50 additional fine for any or all classes of vehicles is suspended for the time period specified in the Resolution. After that period, the Board will determine whether the additional fine policy will be discontinued, modified or continued and this Section will be amended to reflect that decision.
c) Upon failure of a registered owner of a vehicle to satisfy any toll, fine or fee resulting from a final order or orders of liability relating to 5 or more toll violations, the Authority shall notify the Secretary of State to suspend the registered owner's vehicle registration and/or driver's license.
1) A prerequisite to the suspension of vehicle registration and/or driver's license by the Secretary of State, under 625 ILCS 5/3-704.2 or 6-306.7, shall be the submission to the Secretary of State, by the Authority, of a Certified Report containing the following information:
A) The name, last known address as recorded with the Secretary of State or, for a lessee of a cited vehicle, at the last address known to the lessor of the cited vehicle at the time of the lease, and the driver's license number of the person who failed to satisfy the final order of liability and the registration number of any vehicle known to be registered in this State to the person.
B) A statement that the Authority sent a notice of impending suspension of the person's driver's license, vehicle registration, or both, to the person named in the report at the address recorded with the Secretary of State, the date on which the notice was sent, and the address to which the notice was sent.
2) The person to whom the notice of impending suspension was sent may challenge the accuracy of the information contained in the Certified Report by submitting his/her challenges, within 30 days after the date of the notice, in writing, to:
The Illinois State Toll Highway Authority
ATTN: Violation Administration Center
2700 Ogden Avenue
Downers Grove, Illinois 60515
Challenges to the accuracy of the information contained in the Certified Report shall be limited to the following:
A) The person who received the notice was not the registered owner of the vehicle in question at the time of the alleged violations.
B) The person who received the notice has already paid the fine and any fees.
3) The Authority shall notify the Secretary of State whenever a person named in the Certified Report has satisfied the previously reported fines or penalties or whenever the Authority determines that the original report was in error. Upon receipt of the Authority's notification, the Secretary of State shall terminate the suspension. (See 625 ILCS 5/6-306.7.)
4) In addition to any tolls, fines or fees assessed by the Authority for toll violations, the registered owner of the vehicle involved in the toll violations at issue shall be required to reimburse the Authority for all fees paid to the Illinois Secretary of State for the enforcement of this Section.
d) Upon failure of a registered owner of a vehicle to satisfy any toll, fine or fee resulting from a final order issued by the Authority relating directly or indirectly to 5 or more toll violations, any and all vehicles registered to the registered owner shall be subject to immobilization, towing and/or impoundment.
1) If the vehicle was immobilized, a sticker shall be affixed to the vehicle in a conspicuous space. The sticker shall state:
A) that the vehicle has been immobilized pursuant to Section 10(a-5) of the Toll Highway Act for non-payment of 5 or more toll violations;
B) that all immobilized vehicles are subject to immediate tow and impoundment;
C) the procedures for making payment to obtain release of the immobilization;
D) the procedures for contesting the immobilization; and
E) that any unauthorized attempt to remove the immobilizing device shall constitute a petty offense.
2) If the vehicle was towed and/or impounded, the Tollway shall notify the registered owner of the vehicle by First Class Mail or other means provided by law at the registered owner's address of record as recorded with the Secretary of State's vehicle registration records. The notification shall state:
A) that the vehicle has been towed and/or impounded pursuant to Section 10(a-5) of the Toll Highway Act for non-payment of 5 or more toll violations;
B) the entity that is currently storing the vehicle;
C) the procedures for making payment to obtain release of the towed and/or impounded vehicle;
D) the procedures for contesting the tow and/or impoundment; and
E) that the vehicle may be sold or otherwise disposed of in accordance with Section 4-208 of the Vehicle Code if the vehicle is not retrieved within 30 days after the date of the notification.
3) The registered owner may challenge the immobilization, tow and/or impoundment within 30 days after the date of the notification specified in subsection (d)(1) or (d)(2), in writing, to:
The Illinois State Toll Highway Authority
ATTN: Violation Administration Center
2700 Ogden Avenue
Downers Grove, Illinois 60515
4) Challenges to the immobilization, tow and/or impoundment of a vehicle shall follow the procedures set forth in this Subpart F.
5) If a hearing officer determines that the registered owner was not the registered owner of the vehicle in question at the time of the alleged violations or the registered owner has already paid the outstanding fines and fees, the hearing officer shall order the Authority to release the vehicle without any costs to the registered owner.
6) If a hearing officer determines that the registered owner was not the registered owner of the vehicle in question at the time of the alleged violations or the registered owner has not already paid the fines and any fees, the hearing officer may order the Authority to release the vehicle only upon payment in full to the Authority of any and all outstanding final order judgment totals plus all fees paid by the Authority relating to the immobilization, tow, impoundment and/or storage of the registered owner's vehicle.
7) The Authority may contract with other public or private entities to carry out the provisions of this subsection (d). If the immobilization is performed by the State Police utilizing an Authority-owned immobilization device, an additional immobilization administrative release fee of $50 shall be applied. If the immobilization, tow and/or impoundment is performed by another public or private entity, the additional administrative release, tow and/or storage fees shall be set by contract between the Authority and the public or private entity.
8) Judicial review of all final orders of the Authority with respect to immobilized, towed or impounded vehicles shall be conducted in accordance with the Administrative Review Law.
**History**
- *Source: Amended at 40 Ill. Reg. 3762, effective February 25, 2016*
##### **92 Ill. Adm. Code 2520.755** Liability of Lessor {#sec-2520.755 omnilex-key=us-il-regs-official--title-92--2520.755}
No commercial entity that is the lessor of a vehicle pursuant to a written lease agreement shall be liable for the violation involving that vehicle during the period of the lease if the lessor provides a copy of the leasing agreement to the Authority within 21 days after the issue date of the Notice of Violation. The lease agreement must inform the lessee that the lessee is liable for payment of all tolls, as well as all fines and fees incurred in connection with non-payment of tolls. The copy of the leasing agreement must contain the name, address and driver's license number of the lessee; vehicle check-out and return dates and times; license plate number; and the vehicle make and model. "Lessor", for purposes of this Section, includes commercial leasing and rental entities, but does not include public passenger vehicle operators.
##### **92 Ill. Adm. Code 2520.760** Liability of Registered Owner {#sec-2520.760 omnilex-key=us-il-regs-official--title-92--2520.760}
In cases in which the operator of the vehicle is not the registered vehicle owner, the establishment of ownership of the vehicle creates a rebuttable presumption that the vehicle was being operated by an agent of the registered vehicle owner. If the registered vehicle owner liable for a violation under this Section was not the operator of the vehicle at the time of the violation, the owner may maintain an action for indemnification against the operator in the circuit court. [605 ILCS 10(a-5)]
##### **92 Ill. Adm. Code 2520.765** Enforcement of Final Order {#sec-2520.765 omnilex-key=us-il-regs-official--title-92--2520.765}
The Authority may exercise any of its remedies listed under Section 2520.750, Section 10(a-5) of the Toll Highway Act and other remedies provided by law. Those remedies will be cumulative and the exercise of any remedy does not preclude the use of any other remedy by the Authority. Any outstanding toll, fine, additional late payment fine, other sanction, or costs imposed, or part of any fine, other sanction, or costs imposed, remaining unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures under the Administrative Review Law are a debt due and owing the Authority and may be collected in accordance with applicable law. After expiration of the period in which judicial review under the Administrative Review Law may be sought, unless stayed by a court of competent jurisdiction, a final order of the Authority may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. The Authority may, with the approval of the Attorney General, retain a law firm or law firms with expertise in the collection of government fines and debts for the purpose of collecting fines, costs, and other monies due. [605 ILCS 10/10(a-5)]
##### **92 Ill. Adm. Code 2520.770** Judicial Review {#sec-2520.770 omnilex-key=us-il-regs-official--title-92--2520.770}
Judicial review of all final orders of the Authority shall be conducted in the Circuit Court of the county in which the administrative decision was rendered in accordance with the Administrative Review Law.
##### **92 Ill. Adm. Code 2520.800** Tollway Employees {#sec-2520.800 omnilex-key=us-il-regs-official--title-92--2520.800}
Employees of the Authority are not subject to the Illinois Civil Service Rules (80 Ill. Adm. Code 1). Except for those employees covered by a collective bargaining agreement that provides otherwise, Authority employees are "at will" employees.
##### **92 Ill. Adm. Code 2520.APPENDIX** A Rules and Regulations for Overweight and Overdimension Vehicles and Loads {#sec-2520.appendix omnilex-key=us-il-regs-official--title-92--2520.APPENDIX}
I) Over-weight Vehicles
A) Weight restrictions are based on the Illinois Bridge Formula and are consistent with Section 15-111 of the Illinois Vehicle Code.
B) The fee for a vehicle exceeding the limitations of 625 ILCS 5/15-111 of the Illinois Vehicle Code by not more than 30% is $35.
C) The fee for a vehicle exceeding the limitations of 625 ILCS 5/15-111 of the Illinois Vehicle Code by more than 30% is $150.
D) Requests for over-weight permits must be submitted to the Tollway Permit Office one day ahead (except as noted in subsection (I)(C)) of the date the vehicle is scheduled to travel on the Tollway. Permits may also be obtained electronically using the internet.
E) Vehicles or equipment with weights or axle spacing outside the restrictions shown in subsection (I)(A) may be approved but must be analyzed on a case by case basis. This includes vehicles and equipment operating under their own power, such as cranes, drill rigs, concrete pumps, etc. These permits are issued provided the vehicle or object consists of one object that cannot be reasonably disassembled or dismantled. A request for a permit outside the weight restrictions in subsection (I)(A) must be submitted 3 days in advance of travel on the Tollway.
F) Vehicles must have an IDOT over-weight permit number (see 92 Ill. Adm. Code 554) prior to requesting a Tollway over-weight permit. A vehicle operated exclusively on the Toll Highway system in conjunction with a Tollway improvement project does not require an IDOT permit.
G) Over-weight vehicles with legal dimensions may travel 24 hours a day, 7 days a week, including holidays.
H) Equipment operated under its own power (cranes, drill rigs, pumping equipment, aerial lifts, etc.) shall be issued one permit for a round trip to one job site on the same day and over the same route.
II) Over-length Vehicles
A) Any vehicle that measures more than 100 feet in length or any vehicle transporting a load that measures more than 80 feet in length requires a permit based on the following requirements and information:
1) Overall length of the vehicle and/or load, including over-hang.
2) The over-dimensional vehicle or load must be reasonably disassembled or dismantled. Multiple objects must be arranged side by side or stacked to minimize the over-dimension.
3) The location where the vehicle will enter and exit the Tollway.
B) Over-length vehicle permits are subject to routing. Over-length permits must be requested one day in advance of traveling on the Tollway by calling the Tollway Permit Office.
C) A permit fee of $15 is charged for vehicles over 100 feet in length or loads over 80 feet in length.
D) Maximum vehicle length may determine the route the vehicle is to travel. The vehicle may be required to use rear steering.
E) Vehicles must have an IDOT over-dimension permit (see 92 Ill. Adm. Code 554) prior to requesting a Tollway over-length permit.
F) Escorts are required if the overall length exceeds 110 feet.
III) Over-width Vehicles
A) Vehicles exceeding 8 feet 6 inches but not more than 12 feet in width may be transported on the Tollway with an over-width permit.
B) The over-dimension vehicle or load must be reasonably disassembled or dismantled. Multiple objects must be arranged side by side or stacked to minimize the over-dimension.
C) Vehicles or loads exceeding 12 feet in width are subject to special requirements and are reviewed and approved on a case by case basis.
D) Over-width permits can be obtained at a toll plaza or electronically using the internet. A permit fee of $15 is charged for vehicles over 8 feet 6 inches in width. Permits to transport loads wider than 12 feet must be requested one day in advance by calling the Tollway Permit Office.
E) The dimensions of over-width vehicles may be restricted in construction areas.
IV) Over-height Vehicles
A) Vehicles exceeding 13 feet 6 inches in height, but not exceeding 14 feet 6 inches, are required to have an over-height permit.
B) A permit fee of $15 is charged for vehicles over 13 feet 6 inches in height. Over-height vehicle permits can be obtained at toll plazas or electronically using the internet.
C) The absolute height for all vehicles is 14 feet 6 inches.
V) Hours of Operation for Over-dimension Vehicles
A) Vehicles with over-dimension permits are restricted to the following hours of operation:
1) Monday through Saturday ½ hour before sunrise to ½ hour after sunset
2) Sunday ½ hour before sunrise to 12:00 noon
B) Restrictions for Over-dimension Vehicles. Over-dimension vehicles shall not be operated on the Tollway on the following holidays:
1) New Year's Day
2) Memorial Day
3) Independence Day
4) Labor Day
5) Thanksgiving Day
6) Christmas Day
VI) No Exemptions
No vehicles or equipment, including military vehicles, construction vehicles, trailers with loads, equipment, machinery and cranes used under contracts with the Tollway, IDOT, county, municipal or township governments, utility companies or railroads are exempt from the requirements of this Part.
**History**
- *Source: Amended at 35 Ill. Reg. 535, effective December 27, 2010*
##### **92 Ill. Adm. Code 3000.1000** Purpose and Scope {#sec-3000.1000 omnilex-key=us-il-regs-official--title-92--3000.1000}
This Part defines certain terms and prescribes procedures that are applicable to each proceeding described in this Part that are utilized by the Department in carrying out its duties under the laws pertaining to the transportation of hazardous materials.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1010** Definitions {#sec-3000.1010 omnilex-key=us-il-regs-official--title-92--3000.1010}
As used in this Part:
"Act" means the Illinois Hazardous Materials Transportation Act [430 ILCS 30].
"Acting knowingly" means acting or failing to act while having actual knowledge of the facts giving rise to the violation, or having the knowledge that a reasonable person acting in the same circumstances and exercising due care would have had. (49 CFR 107.1, October 1, 2003)
"Administrator" means the Administrator, Research and Special Programs Administration (RSPA), US Department of Transportation or his or her delegate. (49 CFR 107.1, October 1, 2003)
"Applicant" means the person in whose name an exemption, approval, registration, a renewed or modified exemption or approval, or party status to an exemption is requested to be issued. (49 CFR 107.1, October 1, 2003)
"Application" means a request under subpart B of 49 CFR 107 for an exemption, a renewal or modification of an exemption, party status to an exemption, or a request under subpart H of 49 CFR 107 for an approval, or renewal or modification of an approval. (49 CFR 107.1, October 1, 2003)
"Approval" means written consent, including a competent authority approval, from the Associate Administrator or other designated Department official, to perform a function that requires prior consent under subchapter C of 49 CFR Chapter I (49 CFR 171 through 180). (49 CFR 107.1, October 1, 2003)
"Approval Agency" means an organization or a person designated by the RSPA to certify packagings as having been designed, manufactured, tested, modified, marked or maintained in compliance with applicable DOT regulations. (49 CFR 107.1, October 1, 2003)
"Associate Administrator" means the Associate Administrator for Hazardous Materials Safety, Research and Special Programs Administration, US Department of Transportation. (49 CFR 107.1, October 1, 2003)
"Competent authority" means a national agency that is responsible, under its national law, for the control or regulation of some aspect of hazardous materials (dangerous goods) transportation. Another term for competent authority is "appropriate authority", which is used in the International Civil Aviation Organization's (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air. The Associate Administrator is the United States competent authority for purposes of 49 CFR 107. (49 CFR 107.1, October 1, 2003)
"Competent authority approval" means an approval by the competent authority that is required under an international standard (for example, the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Maritime Dangerous Goods Code). Any of the following may be considered a competent authority approval if it satisfies the requirement of an international standard:
A specific regulation in subchapter A or C of 49 CFR Chapter I.
An exemption or approval issued under subchapter A or C of 49 CFR Chapter I.
A separate document issued to one or more persons by the Associate Administrator. (49 CFR 107.1, October 1, 2003)
"Department" means the Illinois Department of Transportation.
"Director" means the Director of the Division of Traffic Safety.
"Division" means the Division of Traffic Safety.
"Enforcement" means issuance of warnings or notices of violation of any provision of the Act and the Illinois Hazardous Materials Transportation Regulations (IHMTR) and prosecution of violations of the IHMTR and the Act.
"Exemption" means a document issued by the Associate Administrator under the authority of 49 USC 5117. The document permits a person to perform a function that is not otherwise permitted under subchapter A or C of 49 CFR Chapter I, or other regulations issued under 49 USC 5101 through 5127 (e.g., Federal Motor Carrier Safety routing requirements) (49 CFR 107.1, October 1, 2003)
"Federal Hazardous Material Transportation Law" means 49 USC 5101 et seq. (49 CFR 107.1, October 1, 2003)
"Filed" means received by the appropriate RSPA or other designated office within the time specified in a regulation or rulemaking document. (49 CFR 107.1, October 1, 2003)
"Holder" means the person in whose name an exemption or approval has been issued. (49 CFR 107.1, October 1, 2003)
"Imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion of an administrative hearing or other formal proceeding initiated to abate the risks of those effects. (49 CFR 107.1, October 1, 2003)
"Incident" means an event resulting in the unintended and unanticipated release of a hazardous material or an event meeting incident reporting requirements in 49 CFR 171.15 or 49 CFR 171.16. (49 CFR 107.1, October 1, 2003)
"Indian tribe" has the same meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 USC 450b). (49 CFR 107.1, October 1, 2003)
"IHMTR" means the Illinois Hazardous Materials Transportation Regulations.
"Investigation" includes investigations authorized under 49 USC 5121 and inspections authorized under 49 USC 5118 and 5121. (49 CFR 107.1, October 1, 2003)
"Knowingly" (See the definition of "acting knowingly" in this Section.)
"Manufacturing exemption" means an exemption from compliance with specified requirements that otherwise must be met before representing, marking, certifying (including requalifying, inspecting, and testing), selling or offering a packaging or container as meeting the requirements of subchapter C of 49 CFR Chapter I governing its use in the transportation in commerce of a hazardous material. A manufacturing exemption is an exemption issued to a manufacturer of packagings who does not offer for transportation or transport hazardous materials in packagings subject to the exemption. (49 CFR 107.1, October 1, 2003)
"North American Uniform Out-Of-Service Criteria" means a set of guidelines recognized by all states and the provinces of Canada as acceptable standards for identifying critical violations that may render a driver, a commercial motor vehicle or a hazardous material load out-of-service. The criteria is enforced by law enforcement officers of a state or the federal government.
"Out-of-service order" means a declaration by the State Police that a hazardous material shipment is out-of-service pursuant to 92 Ill. Adm. Code 171.2(a), 171.2(b) or 171.2(c) and the North American Uniform Out-of-Service Criteria as defined in this Section.
"Party" means a person, other than a holder, authorized to act under the terms of an exemption. (49 CFR 107.1, October 1, 2003)
"Person" means an individual, firm, copartnership, corporation, company, association, or joint stock association (including any trustee, receiver, assignee, or similar representative); or a government or Indian tribe (or an agency or instrumentality of any government or Indian tribe) that transports a hazardous material to further a commercial enterprise or offers a hazardous material for transportation in commerce. Person does not include the following:
The United States Postal Service.
Any agency or instrumentality of the Federal government, for the purposes of 49 USC 5123 (civil penalties) and 5124 (criminal penalties).
Any government or Indian tribe (or agency or instrumentality of any government or Indian tribe) that transports hazardous material for a governmental purpose. (49 CFR 107.1, October 1, 2003)
"Registration" means a written acknowledgment from the Associate Administrator that a registrant is authorized to perform a function for which registration is required under subchapter C of 49 CFR Chapter I (e.g., registration in accordance with 49 CFR 178.503 regarding marking of packagings). For purposes of subparts A through E, "registration" does not include registration under subpart F or G of 49 CFR 107. (49 CFR 107.1, October 1, 2003)
"Report" means information, other than an application, registration or part thereof, required to be submitted to the Associate Administrator pursuant to subchapter A, subchapter B or subchapter C of 49 CFR Chapter I. (49 CFR 107.1, October 1, 2003)
"Respondent" means a person upon whom the Department has served a notice of probable violation.
"Secretary" means the Secretary of the Illinois Department of Transportation.
"State" means the State of Illinois.
"State Police" includes any individual officer of the Illinois State Police.
"Transports" or "transportation" means the movement of property and loading, unloading, or storage incidental to the movement. (49 CFR 107.1, October 1, 2003)
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1020** Incorporation by Reference {#sec-3000.1020 omnilex-key=us-il-regs-official--title-92--3000.1020}
a) 49 CFR 107, subparts F and G, are hereby incorporated by reference as those subparts of 49 CFR 107 were in effect on October 1, 2019. No later amendments to or editions of 49 CFR 107, subparts F and G are incorporated.
b) Copies of the materials incorporated by reference are available for inspection at the Illinois Department of Transportation, 2300 S. Dirksen Parkway, Springfield, Illinois 62764 or online via the U.S. Government Publishing Office at http://www.ecfr.gov.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1030** Request for Confidential Treatment {#sec-3000.1030 omnilex-key=us-il-regs-official--title-92--3000.1030}
a) If any person filing a document with the Division claims that some or all the information contained in the document should be exempt from public disclosure, and if that person requests the Division not to disclose the information, that person shall file together with the document a second copy of the document from which has been deleted the information for which confidential treatment is claimed. The person shall indicate in the original document that it is confidential or contains confidential information and shall file a statement specifying the justification for which confidential treatment is claimed. If the person states that the information constitutes trade secrets or commercial or financial information, that person must include a statement as to why the information is privileged or confidential.
b) The Division retains the right to make its own determination with regard to any claim of confidentiality. The determination of confidentiality will be based upon one or more of the following:
1) The information submitted to the Division under paragraph (a);
2) The applicable provisions of any State or Federal statute which requires the information to be kept confidential;
3) Whether such information constitutes trade secrets or commercial or financial information;
4) Whether the information should be kept confidential in view of ongoing compliance actions;
5) Whether release of the information could commercially or personally harm any person. Notice of a decision by the Division to deny the claim, in whole or in part, and an opportunity to respond shall be given to any person claiming confidentiality of information, no less than five days prior to its public disclosure.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1040** Persons Holding Federal Exemptions {#sec-3000.1040 omnilex-key=us-il-regs-official--title-92--3000.1040}
Any valid exemption issued by the Secretary of the U.S. Department of Transportation under Section 107 of the federal Hazardous Materials Transportation Act (49 U.S.C. Section 1806) shall be considered a valid exemption issued under this subpart.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1050** Service {#sec-3000.1050 omnilex-key=us-il-regs-official--title-92--3000.1050}
a) Each order, notice, or other document required to be served under this Part shall be served personally or by registered or certified mail, except as otherwise provided.
b) Service upon a person's duly authorized representative constitutes service upon that person.
c) Service by registered or certified mail is complete upon mailing. An official United States Postal Service receipt from the registered or certified mailing constitutes prima facie evidence of service.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1060** Subpoenas {#sec-3000.1060 omnilex-key=us-il-regs-official--title-92--3000.1060}
a) The Secretary, or any individual whom he has designated to preside over a hearing convened in accordance with this Part, may sign and issue subpoenas either on his own initiative or, upon the request of any person participating in that proceeding where that person makes an adequate showing that the information sought will materially advance the proceeding.
b) A subpoena may require the attendance of a witness or the production of relevant documentary or other tangible evidence in the possession or under the control of the person served, or both.
c) Service of a subpoena upon the person named therein shall be made by delivering a copy of the subpoena to such person. Delivery of a copy of a subpoena to a natural person may be made by handing it to the person, leaving it at his or her office with the person in charge thereof, leaving it at his dwelling place or usual place of abode with some person of suitable age and discretion then residing therein, or by mailing it by registered or certified mail to the person at the person's last known address. When the person to be served is not a natural person, delivery of a copy of the subpoena may be effected by handing it to a registered agent for service, or to any officer, director, or agent in charge of any office of the person, or by mailing it by registered or certified mail to that representative at his last known address.
d) The original subpoena bearing a certificate of service shall be filed with the Department official having responsibility for the proceeding in connection with which the subpoena was issued.
e) Any person to whom a subpoena is directed may, prior to the time specified therein for compliance, but in no event more than 10 days after the date of service of such subpoena, apply to the presiding officer who issued the subpoena, or if he is unavailable, to the Secretary, to quash or modify the subpoena. The application shall contain a brief statement of the reasons relied upon in support of the action sought therein. The Secretary, or the presiding officer, as the case may be, may:
1) Deny the application;
2) Quash or modify the subpoena; or
3) Condition denial of the application to quash or modify the subpoena upon the satisfaction of certain just and reasonable requirements. The denial may be summary.
f) If there is a refusal to obey a subpoena served upon any person under the provisions of this section, the Department may request the Attorney General to seek the aid of the Circuit Court or any court of competent jurisdiction in which the person is found, to compel that person, after notice, to appear and give testimony, or to appear and produce the subpoenaed documents before the Department, or both.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1100** Responsibility for Enforcement {#sec-3000.1100 omnilex-key=us-il-regs-official--title-92--3000.1100}
In accordance with delegations of authority from the Secretary, responsibility for enforcement of this Subchapter is exercised by:
a) The Department of Transportation;
b) The Department of State Police; and
c) Any other department or agency of State government which has jurisdiction with respect to the transportation of hazardous materials, with which the Secretary concludes an interagency agreement.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1110** Purpose and Scope {#sec-3000.1110 omnilex-key=us-il-regs-official--title-92--3000.1110}
This subpart describes the various enforcement authorities exercised by the Department and the associated sanctions and prescribes the procedures governing the exercise of those authorities and the imposing of those sanctions.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1120** Investigations {#sec-3000.1120 omnilex-key=us-il-regs-official--title-92--3000.1120}
a) General. The Department may conduct investigations relating to compliance by any person with any provision of these regulations and any order issued thereunder, or any court decree relating thereto.
b) Confidentiality. Information received in an investigation under this section, including the identity of the person investigated and any other person who provides information during the investigation, shall, unless otherwise determined by the Department, remain confidential.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1130** Inspection and Examination of Records and Properties {#sec-3000.1130 omnilex-key=us-il-regs-official--title-92--3000.1130}
a) Any representative of the State acting under delegation of authority in Section 107.301, upon presenting appropriate credentials, may enter without delay, inspect and examine the records and properties of any person to the extent such records and properties relate to the transportation or shipment of hazardous materials on the highways of this State. All such inspections and examinations shall be conducted during regular working hours and in a reasonable manner.
b) If any person refuses to permit the representative to make an inspection or examination in accordance with Section 107.307(a), the representative shall terminate the inspection or confine the inspection to areas concerning which no objection is raised. The representative shall endeavor to ascertain the reason for such refusal and shall immediately report the matter to the Director. If the Director desires to have an inspection and examination conducted, he may refer the matter to the Department's Office of Chief Counsel to take appropriate action, including compulsory process, if necessary.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1140** Notice of Apparent Violation {#sec-3000.1140 omnilex-key=us-il-regs-official--title-92--3000.1140}
a) When any representative of the State acting under delegation of authority in Section 107.301 has reason to believe that a person is engaging in conduct which involves a violation of any provision of these regulations, or of any exemption under Subpart B, the representative shall issue a notice of apparent violation.
b) A notice of apparent violation shall be issued:
1) In the case of a violation observed at any location where hazardous materials are handled, to the person in charge of or responsible for the place or location who is present at the time the violation is observed and, if that person is not the owner or lessor of the place or location, to the owner or lessor of the place or location.
2) In the case of a violation involving a motor vehicle intended to be used or being used for the transportation of hazardous materials, or in the case of a violation observed occurring in the course of the transportation of hazardous materials, to the driver or operator of the vehicle and to the employer of the driver or operator and, to the owner or lessor of the vehicle if the owner or lessor is a person other than the driver or operator or the employer of the driver or operator.
3) In the case where an individual person is observed to be knowingly committing an act which is a violation or to have knowingly committed an act which is a violation of these regulations, to that individual person and, if applicable, to the employer of that person.
4) In all other cases, to a responsible person present at the time the violation is observed, and if that person is not the owner or lessor of the place or location, to the owner or lessor of the place or location.
c) The notice of apparent violation shall be served in accordance with Section 107.11.
d) A copy of each notice of apparent violation issued shall be forwarded to the Director.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1150** Stopping of Vehicles {#sec-3000.1150 omnilex-key=us-il-regs-official--title-92--3000.1150}
a) The State Police shall stop any vehicle when the State Police has reason to believe that an imminent hazard exists. "Imminent hazard," as used in this section, exists if there is a likelihood that death, serious illness, or personal injury will occur prior to the completion of a formal proceeding initiated to abate the risk of such harm.
b) If the State Police stop a vehicle pursuant to 92 Ill. Adm. Code 171.2(c), the State Police shall prevent the further movement of the hazardous materials and shall tag the vehicle carrying the hazardous material so as to place the vehicle out of service until such time as the imminent danger observed is abated.
c) Whenever the State Police stop and inspect any motor vehicle for any violation of the Act or IHMTR and identify violations that trigger placing the hazardous material shipment out-of-service under the "North American Uniform Out-of-Service Criteria," the State Police shall prevent the further movement of the hazardous material and shall issue an out-of-service order by tagging the hazardous material shipment so as to place it out-of-service until such time as the unsafe condition is corrected and the shipment complies with the IHMTR. North American Uniform Hazardous Materials Out-of-Service Criteria include but are not limited to:
1) Transporting hazardous materials not accompanied by a shipping paper that indicates hazardous materials are being transported;
2) Fifty percent or more of required placards for a hazard class are missing or any placards misrepresent the hazardous materials being transported;
3) Transporting hazardous materials in a bulk packaging not authorized for the material being transported; and
4) Hazardous materials leaking from a package. (North American Uniform Out-of-Service Criteria, Commercial Vehicle Safety Alliance Operations Manual, April 1, 1998)
d) Whenever the State Police stop a vehicle and the driver or operator of the vehicle is able to properly abate the existing danger, the vehicle shall be permitted to continue in service; however, the State Police shall notify the Director of the matter and the Director shall notify the employer of the driver or operator and the owner or lessor of the vehicle if the owner or lessor is not the employer.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1160** Department Review of Notice of Apparent Violation {#sec-3000.1160 omnilex-key=us-il-regs-official--title-92--3000.1160}
Upon receiving a copy of a notice of apparent violation, the Department shall review the notice and determine whether any further administrative action is required. If the Department determines that further administrative action is required, the Department may take any administrative action set forth in this subpart it believes is appropriate.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1170** Warning Letter {#sec-3000.1170 omnilex-key=us-il-regs-official--title-92--3000.1170}
a) When the Department has reason to believe that a person is engaging in conduct which involves a violation of any provision of these regulations, the Director, or his authorized representative, may issue a warning letter which shall:
1) Advise the person of the time, place and circumstances of the apparent violation;
2) Advise the person that a subsequent inspection may be conducted to ascertain whether the violation has been corrected; and
3) Warn the person not to repeat the violation in the future.
b) The warning letter shall be served in the manner prescribed in Section 107.11.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1180** Civil Penalties Generally {#sec-3000.1180 omnilex-key=us-il-regs-official--title-92--3000.1180}
When the Department has reason to believe that a person has knowingly committed an act which is a violation of any provision of these regulations it may conduct proceedings to assess and, if appropriate, compromise a civil penalty.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1190** Maximum Penalties {#sec-3000.1190 omnilex-key=us-il-regs-official--title-92--3000.1190}
A person who knowingly commits an act that is a violation of any of these regulations is liable for a civil penalty of not more than $10,000 for each violation. When the violation is a continuing one, each day of the violation constitutes a separate offense.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1200** Commencement of Civil Penalty Proceeding {#sec-3000.1200 omnilex-key=us-il-regs-official--title-92--3000.1200}
a) The Department, by the Director or his authorized representative, begins a civil penalty proceeding by serving a Notice of Intent to Assess Civil Monetary Penalty, in accordance with Section 107.11, on a person charging that person with having knowingly committed an act which is a violation of one or more provisions of the IHMTR.
b) A Notice of Intent to Assess Civil Monetary Penalty issued under this Section shall include:
1) Notice of the provisions(s) of the IHMTR or settlement agreement which the respondent is believed to have violated;
2) A brief description of the manner in which the respondent is believed to have violated the IHMTR or settlement agreement;
3) Notice of the maximum amount of civil penalty for which the respondent may be liable;
4) Notice of the amount of the civil penalty sought to be assessed by the Department; pursuant to 92 Ill. Adm. Code 401;
5) A description of the manner in which the respondent shall make payment in accordance with Section 107.317 of any money to the State;
6) A statement that the respondent may request a conference with the Department, by verbal or written request to the Director, to review and discuss the alleged violation and civil penalty, and of the procedures for requesting a conference;
7) A statement that if a settlement cannot be reached within 90 days, a Notice of Probable Violation will be served upon the respondent, and the respondent will have an opportunity for a hearing as provided by Section 11 of the Act and the IHMTR;
8) A statement that if the respondent does not reply to the Notice of Intent to Assess Civil Monetary Penalty within 30 days after its service upon the respondent, the failure of the respondent to reply constitutes a waiver of its right to appear and contest the allegations, without further notice to the respondent, and authorizes the Secretary, without further notice to the respondent, to find the facts to be as alleged in the Notice of Intent to Assess Civil Monetary Penalty and order the assessment of the civil penalty stated in the Notice; and
9) A statement that respondent's failure to pay a civil monetary penalty as ordered by the Secretary may result in revocation or suspension by the Illinois Secretary of State of the registration of vehicles either owned by the respondent or, regardless of ownership, that were the subject of violations by the respondent of the Illinois Hazardous Materials Transportation Regulations, pursuant to 625 ILCS 5/3-704(b).
c) In the event that the Department and the respondent do not enter a settlement agreement following service of a Notice of Intent to Assess Civil Monetary Penalty, the Department by the Director shall serve a Notice of Probable Violation on the respondent.
d) A Notice of Probable Violation issued under this Section includes:
1) A statement of the provision(s) of the IHMTR or of a settlement agreement which the respondent is believed to have violated;
2) A statement of the factual allegations upon which the proposed civil penalty is being sought;
3) Notice of the maximum amount of civil penalty for which the respondent may be liable;
4) Notice of the amount of the civil penalty sought to be assessed by the Department;
5) A description of the manner in which the respondent shall make payment of any money to the State in accordance with Section 107.317;
6) A statement of respondent's right to request a hearing and the procedures for requesting a hearing in accordance with Section 107.318; and
7) A statement of respondent's right to appear at the hearing and to present relevant written or oral explanations, information and materials in answer to the allegations or in mitigation of the penalty.
e) A settlement of a civil penalty proceeding may be effectuated at any time upon agreement of the parties, shall be reduced to writing by the Department and signed by the parties. Terms of the settlement may include a reduction in the amount of the proposed civil penalty, and may include training and procedural requirements agreed upon by the respondent and Department. Training and procedural requirements may be agreed upon to increase awareness of and compliance with 92 Ill. Adm. Code 107 through 180, and 397, and those portions of 49 CFR adopted by reference.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1210** Reply {#sec-3000.1210 omnilex-key=us-il-regs-official--title-92--3000.1210}
a) Within 30 days of the service of a notice of probable violation issued under Section 107.315, the respondent may:
1) Pay the preliminary assessment as provided in Section 107.317(a) and thereby close the case; or
2) Request a hearing as provided in Section 107.318.
b) The Director may extend the 30-day period for good cause shown.
c) Failure of the respondent to reply by taking one of the two actions described in paragraph (a) of this section within the period provided constitutes a waiver of his right to appear and contest the allegations, and authorizes the Secretary, without further notice to the respondent, to find the facts to be as alleged in the notice of probable violation and order the assessment of an appropriate civil penalty. The assessment shall be the same as the assessment stated in the notice when the respondent fails to reply.
d) An order entered against a respondent who fails to reply may be vacated by the Secretary upon good cause shown in a written motion filed within 30 days of service of the order. A motion to vacate must be accompanied by a request for hearing meeting the requirements of Section 107.318. No further extension of this time for filing shall be granted.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1220** Payment of Penalty {#sec-3000.1220 omnilex-key=us-il-regs-official--title-92--3000.1220}
a) Payment of a civil penalty should be made by certified check or money order payable to the Treasurer of the State of Illinois and sent to the Director, Division of Traffic Safety, Illinois Department of Transportation, 3215 Executive Park Drive, P.O. Box 19212, Springfield, Illinois 62794-9212;
b) At any time after an order assessing a civil penalty is referred to the Attorney General for collection, the respondent may offer to compromise for a specific amount by submitting a certified check or money order for that amount to the Director who, with the consent of the Attorney General, may accept or reject it. If it is accepted, the respondent is notified in writing by the Director that the acceptance is in full settlement of the civil penalty for the violation.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1230** Request for Hearing {#sec-3000.1230 omnilex-key=us-il-regs-official--title-92--3000.1230}
a) If a respondent elects to request a hearing, he shall submit a written request to the Director. The request must:
1) State the name and address of the respondent and of the person signing the request if different from the respondent;
2) State with respect to each allegation whether it is admitted or denied; and
3) State with particularity the issues to be raised by the respondent at the hearing.
b) After receiving a request for hearing which complies with the requirements of paragraph (a) of this section, the Director shall request the Secretary to appoint a presiding officer. The designated presiding officer schedules a hearing for the earliest practicable date.
c) The presiding officer may grant extensions of the time of the commencement of the hearing for good cause shown.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1240** Hearing {#sec-3000.1240 omnilex-key=us-il-regs-official--title-92--3000.1240}
a) When a hearing is requested under Section 107.318, the Secretary shall appoint a presiding officer to convene and preside over the hearing. To the extent practicable, the hearing will be held near the place where the alleged violation occurred or at a place convenient to the respondent; provided that all such hearings shall be in Illinois. Testimony by witness shall be given under oath and the hearing shall be recorded verbatim.
b) The presiding officer may:
1) Administer oaths and affirmations;
2) Issue subpoenas as provided by Section 107.13;
3) Adopt procedures, including the submission of evidence in written form;
4) Take or cause depositions to be taken;
5) Rule on offers of proof and receive relevant evidence;
6) Examine witnesses at the hearing;
7) Convene, recess, reconvene, adjourn and otherwise regulate the course of the hearing;
8) Hold conferences for settlement, simplification of the issues or any other proper purpose; and
9) Take any other action authorized by or consistent with the provisions of this subpart pertaining to civil penalties and permitted by law which may expedite the hearing or aid in the disposition of an issue raised therein.
c) The Director, or his representative, has the burden of proving the facts alleged in the notice of probable violation as may be necessary to fully inform the presiding officer as to the matter concerned.
d) The respondent may appear and be heard on his own behalf or through counsel of his choice. The respondent or his counsel may offer relevant information including testimony which he believes should be considered in defense of the allegations or which may bear on the penalty to be assessed and conduct such cross-examination as may be required for a full disclosure of the facts.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1250** Presiding Officer's Decision {#sec-3000.1250 omnilex-key=us-il-regs-official--title-92--3000.1250}
a) After consideration of the evidence of record, the presiding officer may dismiss the notice of probable violation in whole or in part. If he does not dismiss it in whole, he will issue and serve on the respondent an order assessing a civil penalty. The order will include a statement of findings and conclusions as well as the reasons therefor on all material issues of fact, law, and discretion.
b) If, within 20 days after service of an order assessing a civil penalty, the respondent does not pay the civil penalty or file an appeal as provided in Section 107.323(a), the case shall be referred to the Attorney General with a request that an action to collect the penalty be brought in the appropriate Circuit Court.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1260** Assessment Considerations {#sec-3000.1260 omnilex-key=us-il-regs-official--title-92--3000.1260}
In assessing a civil penalty under Section 107.320, the assessment is made only after considering:
a) The nature and circumstances of the violation;
b) The extent and gravity of the violation;
c) The degree of the respondent's culpability;
d) The respondent's history of prior offenses;
e) The respondent's ability to pay;
f) The effect on the respondent's ability to continue in business; and
g) Such other matters as justice may require.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1270** Appeal {#sec-3000.1270 omnilex-key=us-il-regs-official--title-92--3000.1270}
a) Orders of dismissal and orders assessing civil penalties may be appealed to the Secretary. An appeal must be filed within 20 days of service of the presiding officer's order.
b) The decision of the Secretary on appeal shall be made on the record of the hearing, including all pleadings and the decision of the officer who presided at the hearing. No new or additional evidence shall be considered by the Secretary without a positive showing by the party presenting such evidence that the evidence was not available or, through due diligence, could not have been made available at the hearing. At the discretion of the Secretary and upon reasonable notice of the parties oral argument may be had on appeal. Any party requesting oral argument must detail in his petition for appeal the reasons for the request for argument.
c) If the Secretary affirms the assessment and the respondent does not pay the civil penalty within 35 days after service of the Secretary's decision on appeal and no complaint for administrative review has been filed, the case shall be referred to the Attorney General with a request that an action to collect the penalty be brought in the appropriate Circuit Court.
d) Petition for appeal shall detail the assailed findings and be confined to factual and legal issues which are essential to the ultimate and just determination of the proceeding. Petitions shall not exceed 10 pages in length, excluding a separate preface and summary of argument which shall not exceed 3 pages. A reply to the petition, if any, shall be filed within 20 days of receipt of the petition for appeal and shall meet the same requirements as to length and format.
e) The filing of the petition shall stay the effect of the prior decision, order or requirement pending the determination of the appeal.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1280** Failure to Pay Civil Penalty {#sec-3000.1280 omnilex-key=us-il-regs-official--title-92--3000.1280}
a) Failure of the respondent to pay all or a portion of a civil penalty under Section 107.315(b)(8), Section 107.316(c), or Section 107.320 or a settlement agreement under Section 107.315(e) or Section 107.317(b) will result in the Department, without further notice to the respondent, notifying the Illinois Secretary of State in writing or by electronic communication, no sooner than 30 days and no more than 40 days after that failure to pay, that respondent has not paid a civil penalty or a settlement agreement arising from a violation of the IHMTR. The Illinois Secretary of State may then suspend or revoke the registration of vehicles that are owned by the respondent or, regardless of ownership, that were the subject of violations of the IHMTR for which a civil penalty or settlement agreement remains unpaid.
b) An order to pay a civil penalty or a settlement agreement will include a provision that failure to pay all or a portion of the civil monetary penalty or settlement agreement will result in the Department, without further notice to respondent, notifying the Illinois Secretary of State that the respondent has not paid a civil penalty or a settlement agreement arising from a violation of the IHMTR and that the Illinois Secretary of State may then suspend or revoke the registration of vehicles that are owned by respondent or, regardless of ownership, that were the subject of violations of the IHMTR for which a civil penalty or settlement agreement remains unpaid.
c) Within three business days after the respondent paying a civil penalty or settlement agreement that was the subject of a notice to the Illinois Secretary of State under subsection (a) of this Section, the Department will notify the Secretary of State that the civil penalty or settlement agreement has been paid.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1290** Compliance Orders Generally {#sec-3000.1290 omnilex-key=us-il-regs-official--title-92--3000.1290}
When the Department has reason to believe that a person is engaging in conduct which involves a violation of any provision of these regulations, the Department may conduct proceedings to determine the nature and extent of the violation and may thereafter issue an order directing compliance.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1300** Notice of Probable Violation {#sec-3000.1300 omnilex-key=us-il-regs-official--title-92--3000.1300}
a) The Department by the Director begins a compliance order proceeding by serving a notice of probable violation on a person charging that person with violating one or more provisions of these regulations.
b) A notice of probable violation issued under this section includes:
1) A statement of the provision(s) of the regulations which the respondent is believed to be violating;
2) A statement of the factual allegation upon which remedial action is being sought; and
3) A statement of the remedial action being sought in the form of a proposed compliance order.
c) The Department may amend a notice of probable violation issued under this section at any time before the entry of a final compliance order. If an amendment includes any new material allegation of fact or seeks new or additional remedial action, the respondent is given an opportunity to respond. (Filed 11-28-79, effective 12-10-79)
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 107.1310** Reply {#sec-107.1310 omnilex-key=us-il-regs-official--title-92--107.1310}
a) Within 30 days of the service of a notice of probable violation issued under Section 107.333, the respondent may file a reply with the Director. The Director may extend the 30-day period for good cause shown.
b) The reply must be in writing, signed by the person filing it, and state with respect to each factual allegation whether it is admitted or denied. Even though formally denied, a factual allegation set forth in a notice of probable violation is considered to be admitted for purposes of the proceeding unless:
1) Opposed by the written statement of an individual having personal knowledge of the subject matter;
2) Challenged as being in error together with a supporting explanation as to why it is believed to be in error; or
3) Otherwise contested or contradicted through the submission of relevant evidence.
c) The reply must set forth any defenses and include a statement of the form and nature of proof by which those defenses are to be established.
d) If it is necessary to respond to an amendment to the notice of probable violation, the respondent may amend his reply at any time before the issuance of an order under Section 107.337.
e) If the respondent elects not to contest one or more factual allegations, he should so state in the reply. An election not to contest a factual allegation is an admission of that allegation solely for the purpose of issuing a compliance order and constitutes a waiver of hearing as to that allegation but does not, by itself, constitute a waiver of the right to be heard on other issues. In connection with a statement of election not to contest a factual allegation, the respondent, may propose an appropriate order for issuance by the Director, or propose the negotiation of a consent order.
f) Failure of the respondent to file a reply within the period provided constitutes a waiver of his right to appear and contest the allegation and authorizes the Secretary, without further notice to the respondent, to find the facts to be as alleged in the notice of probable violation and to issue an appropriate order directing compliance.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1320** Consent Order {#sec-3000.1320 omnilex-key=us-il-regs-official--title-92--3000.1320}
a) At any time before the issuance of an order under Section 107.337, the Department and the respondent may execute an agreement for disposing of the case by the entry of a consent order. If the Director accepts the agreement, he issues an order in accordance with its terms. If the Director rejects the agreement, he directs that the proceeding continue.
b) An agreement submitted to the Director under this section must include:
1) A proposed compliance order suitable for the Director's signature;
2) An admission of all jurisdictional facts;
3) An express waiver of further procedural steps and of all right to seek judicial review or otherwise challenge or contest the validity of the order; and
4) An acknowledgment that the notice of probable violation may be used to construe the terms of the order.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1330** Hearing {#sec-3000.1330 omnilex-key=us-il-regs-official--title-92--3000.1330}
a) When a respondent files a reply contesting allegations in a notice of probable violation issued under Section 107.333 or when the Department and the respondent fail to agree upon an acceptable consent order, the Director shall request the Secretary to appoint a presiding officer. The Secretary shall appoint a presiding officer to convene and preside over a hearing on the proposed compliance order. Testimony by witnesses shall be given under oath and the hearing shall be recorded verbatim.
b) The presiding officer may:
1) Administer oaths and affirmations;
2) Issue subpoenas as provided by Section 107.13;
3) Adopt procedures, including the submission of evidence in written form;
4) Take or cause depositions to be taken;
5) Rule on offers of proof and receive relevant evidence;
6) Examine witnesses at the hearing;
7) Convene, recess, reconvene, adjourn and otherwise regulate the course of the hearing;
8) Hold conferences for settlement, simplification of the issues or any other proper purpose; and
9) Take any other action authorized by or consistent with the provisions of this subpart pertaining to compliance orders and permitted by law which may expedite the hearing or aid in the disposition of an issue raised therein.
c) The Director, or his representative, has the burden of proving the facts alleged in the notice of probable violation and may offer such relevant information as may be necessary to fully inform the presiding officer as to the matter concerned.
d) The respondent may appear and be heard on his own behalf or through counsel of his choice. The respondent or his counsel may offer relevant information including testimony which he believes should be considered in defense of the allegations or which may bear on the remedial action being sought and conduct such cross-examination as may be required for a full disclosure of the facts.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1340** Presiding Officer's Decision {#sec-3000.1340 omnilex-key=us-il-regs-official--title-92--3000.1340}
a) After consideration of evidence, the presiding officer may dismiss the notice of probable violation or issue an order directing compliance. The order will include a statement of findings and conclusions as well as the reasons therefor on all material issues of fact, law, and discretion.
b) A compliance order issued under this section is effective upon service on the respondent unless otherwise provided therein.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1350** Compliance Order For Immediate Compliance {#sec-3000.1350 omnilex-key=us-il-regs-official--title-92--3000.1350}
a) Notwithstanding Sections 107.333 through Section 107.337, the Director may issue a compliance order for immediate compliance, which is effective upon issuance, and until rescinded or suspended, if he finds:
1) There is strong probability that a violation is occurring or is about to occur;
2) The violation poses an unreasonable risk to health or to safety of life or property; and
3) The public interest requires the avoidance or amelioration of that unreasonable risk through immediate compliance and waiver of the procedures afforded under Section 107.333 through Section 107.337.
b) A compliance order for immediate compliance is served promptly upon the person against whom the order is issued by telex or telegram, with a copy served in the manner provided in Section 107.11. The copy contains a written statement of the relevant facts and the legal basis for the order, including the findings required by paragraph (a) of this Section.
c) The Director may rescind or suspend a compliance order for immediate compliance if it appears that the criteria set forth in paragraph (a) of this section are no longer satisfied. When appropriate, however, such a suspension or rescission may be accompanied by a notice of probable violation issued under Section 107.333.
d) If at any time in the course of a proceeding commenced by a notice of probable violation the criteria set forth in paragraph (a) of this section are satisfied, the Director may issue a compliance order for immediate compliance, even if the 30-day period for reply specified in Section 107.334(a) has not expired.
e) At any time after a compliance order for immediate compliance has become effective, the Secretary may request the Attorney General to bring an action for appropriate relief in accordance with Section 107.341.
f) The Director shall commence a compliance order proceeding as soon as practicable after the issuance of a compliance order for immediate compliance.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1360** Appeal {#sec-3000.1360 omnilex-key=us-il-regs-official--title-92--3000.1360}
a) Orders of dismissal and orders directing compliance may be appealed to the Secretary. An appeal must be filed within 20 days after service of the compliance order.
b) The decision of the Secretary on appeal shall be made on the record of the hearing, including all pleadings and the decision of the officer who presided at the hearing. No additional evidence shall be considered by the Secretary without a positive showing by the party presenting such evidence that the evidence was not available or, through due diligence, could not have been made available at the hearing. At the discretion of the Secretary and upon reasonable notice to the parties oral argument may be had on appeal. Any party requesting oral argument must detail in his petition for appeal the reasons for the request for argument.
c) The Secretary may stay the effectiveness of an order where the equities so require. The filing of an appeal does not stay the effectiveness of the order unless the Secretary expressly so provides.
d) Petition for appeal shall detail the assailed findings and be confined to factual and legal issues which are essential to the ultimate and just determination of the proceeding. Petitions shall not exceed 10 pages in length, excluding a separate preface and summary of argument which shall not exceed 3 pages. A reply to the petition, if any, shall be filed within 20 days of receipt of the petition for appeal and shall meet the same requirements as to length and format.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1370** Injunctions and Other Equitable Relief {#sec-3000.1370 omnilex-key=us-il-regs-official--title-92--3000.1370}
Whenever it appears to the Department that a person has engaged, is engaged, or is about to engage in any act or practice constituting a violation of any provision of these regulations or of any order issued thereunder, the Secretary may request the Attorney General to bring an action in the appropriate Circuit Court for such relief as is necessary, including mandatory or prohibitive injunctive relief, and interim equitable relief.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1380** Imminent Hazards {#sec-3000.1380 omnilex-key=us-il-regs-official--title-92--3000.1380}
Whenever it appears to the Department that there is a substantial likelihood that death, serious illness, or severe personal injury will result from the transportation of a particular hazardous material before a compliance order proceeding or other administrative hearing or formal proceeding to abate the risk of that harm can be completed, the Department shall, through the Attorney General or State's Attorney, bring an action in the appropriate Circuit Court for an order suspending or restricting the transportation of that hazardous material, or for such other equitable relief as is necessary or appropriate to ameliorate the hazard as provided by Section 13 of the Act.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1390** Criminal Penalties Generally {#sec-3000.1390 omnilex-key=us-il-regs-official--title-92--3000.1390}
Section 12 of the Act provides a criminal penalty of a fine of not more than $25,000 for any person who willfully violates a provision of the Act or a regulation issued under the Act.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.1400** Referral for Prosecution {#sec-3000.1400 omnilex-key=us-il-regs-official--title-92--3000.1400}
If the Department becomes aware of a possible willful violation of the Act, or any provision of the regulations, the Department reports it to the Department's Office of Chief Counsel. If appropriate, the Chief Counsel refers the report to the Attorney General or State's Attorney for criminal prosecution of the offender.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3000.APPENDIX** A Standard Conditions Applicable to Exemptions, Packages, Containers, Shipments {#sec-3000.appendix omnilex-key=us-il-regs-official--title-92--3000.APPENDIX}
Exemptions from the regulations governing packages, containers, and the preparation and offering of hazardous materials for shipment are subject to the following conditions:
1) The outside of each package must be plainly and durably marked "DOT-E" followed by the exemption number assigned. On portable tanks, cargo tanks and tank car tanks, the markings must be in letters at least two inches high on a contrasting background.
2) Each shipping paper issued in connection with a shipment made under an exemption must, in association with the entries required by 92 Ill. Adm. Code 172.203(a), bear the notation "DOT-E" followed by the exemption number assigned.
3) When an exemption issued to a shipper contains special carrier requirements, the shipper shall furnish a copy of the exemption to the carrier before or at the time a shipment is tendered.
(Recodified from 92 Ill. Adm. Code 107 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12509)
##### **92 Ill. Adm. Code 3020.10** Hazardous Materials Civil Money Penalty Policy {#sec-3020.10 omnilex-key=us-il-regs-official--title-92--3020.10}
a) For purposes of issuing a Notice of Probable Violation under Section 107.315 of the Illinois Hazardous Materials Transportation Regulations (92 Ill. Adm. Code 107.315) commencing a civil money penalty proceeding pursuant to Section 11 of the Illinois Hazardous Materials Transportation Act (Ill. Rev. Stat. 1981, ch. 95½, par. 700-11), the Illinois Department of Transportation ("Department") will be guided by the policy contained in Appendix A of this Part in determining the amount of the civil money penalty which the Department will seek to have assessed against a violator of that Act and those Regulations.
b) The policy shall apply only to the initial discretionary determination by the Department of the civil money penalty which the Department intends to pray for in the Notice of Probable Violation which the Department issues to commence a civil money penalty proceeding against a violator. If a hearing is necessary, the amount of any civil money penalty assessed by order of the presiding officer or the Secretary of the Department may be greater than, less than or equal to the amount of the civil money penalty requested by the Department in its Notice of Probable Violation.
(Recodified from 92 Ill. Adm. Code 108 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12515)
##### **92 Ill. Adm. Code 3020.APPENDIX** A Guidelines For the Assessment of Civil Money Penalties Under the Illinois Hazardous Materials Transportation Act and Regulations {#sec-3020.appendix omnilex-key=us-il-regs-official--title-92--3020.APPENDIX}
Regulations were adopted by the Illinois Department of Transportation on February 1, 1979, implementing the Illinois Hazardous Materials Transportation Act, (Public Act 80-351) (Ill. Rev. Stat. 1981, ch. 95½, pars. 700-1 et seq.) ("IHMTA"), to protect the People of the State of Illinois against the risk to life and property inherent in the transportation of hazardous materials over highways in Illinois by keeping such risk to a minimum consistent with technical feasibility and economic reasonableness.
Section 11 of the IHMTA provides that any person who knowingly commits an act that violates the IHMTA or any regulation issued pursuant to the Act is liable to the State for a civil penalty of not more than $10,000 for such violation, and if the violation is a continuing one, each day of violation constitutes a separate offense.
Section 11 of the IHMTA authorizes the Department to assess the amount of any such penalty up to the stated maximum by written notice after reasonable notice and opportunity for a fair and impartial hearing. In determining the amount of the penalty the IHMTA directs the Department to:
. . . take into account the nature, circumstances, extent and gravity of the violation and, with respect to a person found to have committed such violation, the degree of culpability, history of prior offenses, ability to pay, effect on ability to continue to do business and such other matters as justice may require.
Subpart D of Part 107 of the Illinois Hazardous Materials Transportation Regulations (92 Ill. Adm. Code 107), now in force and effect, describes the various enforcement authorities exercised by the Department and their associated sanctions and prescribes the procedures governing the exercise of those authorities and the imposing of those sanctions. Sections 107.313 through 107.323 set forth the Department's enforcement procedures for the assessment of civil money penalties.
The regulations do not address the policy and procedures to be utilized by the Department to determine the civil money penalty which it will seek to impose for violations of the Act and the regulations. This Statement sets forth the civil money penalty policy which the Department will apply in determining, for purposes of issuing a Notice of Probable Violation, the amount of the civil money penalty which the Department will seek to have assessed against a violator of the Act and the regulations.
It should be noted that this civil money penalty policy applies only to the initial determination by the Department of the money relief which it intends to pray for in the Notice of Probable Violation which the Department issued to commence a civil money penalty proceeding against a violation. If a hearing is necessary, the amount of any civil money penalty assessed by order of the hearing officer may be independent of the guidelines set forth herein. Such civil money penalty assessed by order of the hearing officer may be greater than, less than or equal to the amount of the civil money penalty requested by the Department in its Notice of Probable Violation.
INTRODUCTION
There has been much discussion by the courts and legal commentators about the administrative prescription and imposition of civil money penalties. It appears well established, however, that the legislature may, by law, impose appropriate obligations and may encourage their enforcement by reasonable money penalties. The legislature may also, by law, grant to an administrative agency the power to prescribe such penalties and impose them in individual cases without the necessity of invoking the judicial process.
One of the major objections to giving an administrative agency the discretion to impose money penalties is that the money penalties will be imposed in an arbitrary or capricious manner.
In response to this concern, judicial decisions on the exercise of discretionary powers by administrative agencies have required that the legislature provide some guidelines to the considerations that should be weighed by the administrative agency; that, as a matter of fairness (due process), notice and an opportunity for a hearing should precede the imposition of the penalty; and that there be an opportunity for judicial review. If these requirements are fulfilled, there appear to be no significant constitutional impediments to the administrative imposition of money penalties.
The Illinois Hazardous Materials Transportation Act ("IHMTA") delegates to the Department of Transportation the authority to prescribed and impose civil monetary penalties. Section 11 of IHMTA prescribes:
1. What act is to be penalized – a knowing commission of an act that is in violation of the IHMTA or any rule or regulation issued thereunder (this would, of course, include omissions where the IHMTA or any rule or regulation require an affirmative act to be done);
2. Who is subject to the penalty – any person who transports or ships or causes to be transported or shipped hazardous materials;
3. What is the penalty – not more than $10,000 for a violation and if any violation is a continuing one, each day of violation constitutes a separate offense;
4. How is the penalty to be imposed – after reasonable notice and opportunity for a fair and impartial hearing; in writing; and taking into account the nature, circumstances, extent and gravity of the violation; the degree of culpability of the violator; the violator's history of prior offenses; the violator's ability to pay; the effect of the penalty on the violator's ability to continue to do business and such other matters as justice may require;
5. Judicial review is provided under the Administrative Review Law (Ill. Rev. Stat. 1981, ch. 110, pars. 3-101 et seq.).
These are adequate standards and safeguards imposed on the powers given the Department. Also, the power to impose civil money penalties is reasonably necessary to accomplish the legislative purpose.
Similar statutory frameworks can be found in the federal statutes, such as the federal Hazardous Materials Transportation Act (49 U.S.C. 1801), Water Pollution Control Act (33 U.S.C. 1151), Occupational Safety and Health Act (29 U.S.C. 651), and the Motor Vehicle Safety Act (15 U.S.C. generally).
PURPOSE OF THE CIVIL MONEY PENALTY
The objective of the civil money penalty is to assist in accomplishing the goals of the Illinois Hazardous Materials Transportation Act by deterring violations and encouraging voluntary compliance. Punitive considerations are secondary.
When a carrier or shipper complies with the IHMTA, he faces an investment of resources as well as, in many instances, a long term commitment to the payment of operation and maintenance expenses. For example, personnel handling hazardous materials must be trained; labels and placards must be purchased; the proper packaging must be acquired; tank containers must be periodically tested; required paperwork must be done. While complying with the regulations will lead to protecting against the risk to life and property inherent in the transportation of hazardous materials, compliance may not necessarily yield any direct short term economic benefit to the shipper or carrier. If financial resources were not used to comply with the Hazardous Material laws, they presumably would be invested in a manner which would be economically beneficial to the shipper or carrier. Therefore, from a strictly economic point of view, a shipper or carrier may perceive it to be in his best interest to delay the commitment of funds for compliance.
This short-term economic advantage to the non-complying shipper or carrier often creates an incentive to delay compliance. The civil money penalty serves to reduce this incentive.
In addition, the civil money penalty is an effective tool for reducing the harm or risk of harm to the public health and safety caused by non-compliance with the Hazardous Materials laws. By holding shippers or carriers liable for the costs of these risks, a money penalty encourages shippers and carriers to comply with the law.
The civil money penalty policy established by this memorandum is designed to assure fair and uniform money penalties. It is based on the statutory considerations set forth in Section 11 of the IHMTA.
It must be emphasized that this civil money penalty policy is for determining what money penalties the Department will seek when civil actions are taken. It is not a policy to determine which enforcement actions should be taken.
OTHER CIVIL MONEY PENALTY POLICIES
As the basis for recommending a civil money penalty policy, the Department reviewed civil money penalty enforcement mechanisms used by other agencies under related regulatory schemes. Several examples reviewed are illustrative.
The policies of the Materials Transportation Bureau of the federal Department of Transportation do not provide much guidance. At this time they have no systematic mechanism for determining penalty amounts or for assuring consistency among cases over time.
The federal Environmental Protection Agency has a complex and quite technical policy for assessments of civil money penalties against major source violators of the Clean Air Act (42 U.S.C. 7401 et seq.) and Clean Water Act (33 U.S.C. 1251 et seq.). Since the EPA policy is directed at enforcement of pollution control equipment requirements, the EPA policy is structured solely to calculate and eliminate the economic benefits to a non-complying source. Adopting this policy to the Department's hazardous materials program was considered unworkable since a strictly economic disincentive policy based on calculating the economic benefits of non-compliance is not easily adaptable to, and may not be realistically appropriate for, the hazardous materials program.
The federal EPA employs a different type of civil penalty mechanism for enforcing its regulations respecting availability of unleaded gasoline. This penalty mechanism establishes a matrix-type procedure for determining a proper penalty in accordance with statutorily mandated criteria – again very similar to those in Section 11 of the IHMTA – which are required to form the basis for the USEPA penalty. USEPA has established a table which classifies, in a fixed number of categories, the possible violations by their potential for causing the harm for which the EPA's law is intended to protect. Each class of violation is then fed through a matrix which adjusts the type of violation by the history of the violator's similar violations and again by the size of the violator's business. The result is a separate penalty assessment schedule – one for each class of violations – which sets out a dollar value or range of values depending on the violator's history of performance and the size of the violator's business. This penalty mechanism provides an unadjusted penalty arrived at in an objective manner (i.e., application of the matrix), which unadjusted penalty may be adjusted in a subjective manner based on consideration of the mitigating criteria mandated by EPA's statute. This type of penalty mechanism was considered as possibly appropriate and workable for the hazardous materials program.
THE CIVIL MONEY PENALTY POLICY
After reviewing several different possible penalty assessment structures, the Department established a civil money penalty mechanism which it believes will be effective and appropriate. This mechanism provides for consideration of the statutory criteria, provides a basis for consistency and leaves room for flexibility in applying what are really subjective factors.
The penalty mechanism is consistent with a proper exercise by the Department of its discretionary authority. The Department is free to exercise the discretion vested in it to determine the weight to be assigned to each of the criteria dictated by the legislature.
The penalty to be assessed will be determined first by a purely objective procedure of using the assessment formula. Although the Department used its discretion in creating the assessment formula, the use of the formula eliminates the arbitrary exercise of discretion by the Department. The factors composing the penalty formula have been established and the appropriate penalty amount has been assigned to each. The assessment formula yields an unadjusted initial penalty. If there are no factors to mitigate this initial penalty, then in each case, similar violations for similar sizes of businesses with the same degrees of culpability will yield similar penalties.
Where there are mitigating factors, the unadjusted penalty can be modified to reflect the circumstances of the individual violator in individual cases. This adjusted penalty is arrived at through a subjective process wherein the Department exercises its administrative discretion to mitigate the penalty in part or in its entirety. However, the Department's discretion is limited by the considerations mandated by the legislature in Section 11 of the IHMTA.
The violator has the burden of raising the mitigating facts as a defense to reduce the penalty sought. The Department will, however, consider such factors, to the degree known or to the degree possible, in setting the initial penalty as required by the IHMTA. In considering mitigating factors when determining the preliminary amount to be assessed, the Department will attempt to determine the ability of the respondent to pay the penalty.
In cases where non-compliance is attributable to the Department or its enforcement agents, to impossibility, or to emergency (as these concepts are discussed in another part of this policy), the unadjusted penalty will be reduced for that part of the non-compliance attributable to the mitigating circumstances. In most such instances, a civil money penalty will not be assessed.
In cases where the Department determines that the violator will be unable to pay or to continue in business after paying the unadjusted penalty, an unlimited adjustment may be made. However, it will be considered that payments could be deferred or made in installments.
USE OF THE CIVIL MONEY PENALTY POLICY IN ENFORCEMENT ACTIONS
The goal of an administrative enforcement action is both expeditious compliance (including interim controls) and appropriate and adequate money penalties. Compliance and money penalties will not in any way be traded off against each other. The civil money penalty is not a substitute for compliance and is not intended to preclude injunctive relief or other non-duplicative remedies, particularly the administrative compliance order. Money penalties are not fees. Payment of money penalties does not give any right or privilege to continue operation in violation of law.
STATUTORY CONSIDERATION FOR ASSESSMENT OF THE CIVIL MONEY PENALTY
The Department has been expressly instructed by the legislature to consider certain factors in determining the amount of the assessed money penalty. These factors were not defined by the legislature. How they are to be defined and applied have been left to the Department. The determination of the specific amounts to be assessed must at a minimum be based on these factors. The legislature has not, however, precluded consideration of other factors. The following is a brief discussion of the concepts which underlie the statutory considerations.
A. Harm to the Public Health, Safety and Property.
It is the declared legislative intent of the IHMTA to protect the public against the risk to life and property inherent in the transportation of hazardous materials over highways by keeping such risks to a minimum consistent with technical feasibility and economic reasonableness. The civil money penalty will be used to redress this harm or risk of harm to the public health and safety.
The Department's authority under IHMTA is to regulate for the safe transportation of hazardous materials so as to prevent harm to life and property. Other state agencies are concerned with environmental considerations. Although one of the goals of the Hazardous Materials laws is to protect against harm to property, it does not appear that the legislature intended to use the civil money penalty to supplant the loss and damage claims structure of the transportation industry. Nor does it appear to be the intent of the legislature to place the Department in a position of "parens patriae" to use its civil money penalty to collect a fund out of which to pay death, injury or property claims of individual private citizens. What is intended to be redressed is the harm or risk of harm to the collective public.
This factor is reflected in the statutory requirement that the Department consider the nature, circumstances, extent and gravity of the violation.
The "nature" of the violation encompasses the seriousness of the violation. It requires the Department to distinguish between technical violations as opposed to basic and fundamental violations. For example, omitting the hazardous materials description from the shipping paper is more fundamental than entering the description in the wrong sequence. Another example would be failure to indicate the "up" side of a packaging, versus indicating it in an unacceptable manner such as by a hand-drawn marking across on the side of the package. The "nature" of the violation calls for examination of it on the continuum running from form to substance.
The "circumstances" of the violation is a broad consideration which would encompass both aggravating as well as mitigating factors. To the extent mitigating circumstances are known at the time the Department determines the civil penalty it will seek, they will serve to reduce the culpability factor and perhaps the weight given to other factors.
The "extent" of the violation requires the Department to consider whether the violation was widespread or confined. A violation limited to one package or one shipment, for example, must be contrasted with violations on all packages in the shipment or on all shipments by the company over a period of time.
The "gravity" of the violation is a consideration of the seriousness of the violation. This requires the Department to consider whether the violation resulted in harm to the public health and safety (looking at resulting death, injury or property damage) and whether the violation could have resulted in such harm. The Department will therefore be required to consider two distinct factors: what DID happen as a result of the violation and what COULD have happened as a result of the violation. The gravity of the violation will be directly affected by the degree of hazard of the material, the volume of the material per package, the number of improper packages shipped and the relative exposure of transportation employees and the public to the hazard.
The penalty amount applicable to the harm or risk of harm will have to be determined on the facts of each specific case.
B. The Violator's Recalcitrance, Defiance or Indifference to the Requirements of the Law.
Philosophically speaking, good faith efforts to obey the law are expected of all persons subject to its jurisdiction. Mere assertions of "good faith" should not be considered as a basis for reducing the otherwise appropriate penalty. Courts traditionally consider the degree of the violator's recalcitrance, defiance, purposeful delay, or indifference to legal obligations in setting penalties. The Department will do so also, and will not hesitate to include a sum in the civil penalty to reflect such factors where they exist.
Care will be exercised, however, not to seek to add such an element of penalty on a person, firm, or entity for exercising, without purpose of delay, its lawful rights to challenge agency determinations in administrative or court proceedings. A violator which has complied with all requirements that were not disputed while challenging the rest has not been, on those grounds alone, recalcitrant, defiant or indifferent. Such a violator is on a different footing from one which used a challenge of one aspect of its compliance requirement to delay all compliance, or which makes frivolous challenges for purposes of delay.
Consideration of a violator's recalcitrance, defiance, or indifference will require the Department to look at the violator's culpability and history of performance or, as stated by IHMTA, the history of prior offenses.
"Culpability" of the person is the quality of the person's awareness of his actions, and the degree to which he was responsible for averting such violations. Ignorance is no excuse and, to a great extent, ignorance in handling hazardous materials will weigh in favor of a more severe sanction, rather than less. In typical transportation, however, there often are other parties involved such as forwarding agents, contract packers, other carriers, warehousemen, and the like. To the extent a particular function under the regulations is not assigned to a specific person (and many are not), and to the extent that the performance of that function fell between multiple parties to a transaction, "culpability" of a particular person may be lessened. The degree of "culpability" will be influenced for example by the hazard of the material in question, the quantity, the frequency with which this person deals with that material or the regulations, and other like considerations. Negligence in conducting one's operations, or in monitoring agents and contractors performing operations on one's behalf, will be considered in assessing "culpability." In this element, the Department will weigh how avoidable the violation may have been. To the extent the violation may appear to have been intentional, for example, for the purpose of using cheaper packaging or getting lower freight rates, criminal prosecution, rather than a civil money penalty, may be in order.
The history of a violation performance in shipping and transporting hazardous materials will be considered by the Department. The Department will consider the violator's performance record in terms of prior Notices of Apparent Violation, prior Warning Letters, and prior compliance efforts of the violator. Consideration will primarily be given to the violator's history of performance in terms of previous occurrences of the same type of violation as the one for which the respondent is being charged. History of committing other acts prohibited by the Hazardous Materials laws will be considered but is not as significant as repetitions of the same type of prohibited act. For example, if the violation being charged is an equipment violation, the Department will focus primarily on the violator's performance record of equipment violations. The Department will further consider the type of equipment violations involved. Prior administrative and judicial enforcement proceedings for the same type of violation which culminated in sanctions against the violator, whether through default judgments, consent decrees or order, will also be considered. The Department will also give consideration to any federal administrative or judicial actions which have been brought against the violator for federal hazardous materials offenses. The consideration of history of performance also reflects, in part, the statutory consideration of the degree of culpability.
C. Mitigation for Non-Compliance Caused by the Department Itself.
When failure to comply or compliance delay was caused by, requested by, or attributable to the Department or its enforcement agents, such as the Illinois State Police, civil money penalties are not appropriate. When the failure or delay was partially caused by the Department, the penalties may be reduced in proportion to the period of delay caused by the Department. It is expected that mitigation on this basis would only be permitted when the Department was clearly responsible for the delay. Consideration of this factor would fall under the statutory consideration of "such other matters as justice may require."
D. Mitigation for Impossibility.
Where delayed compliance was, in fact, attributable to causes absolutely beyond the control of the violator (such as acts of nature) and was not due to the fault or negligence of the violator, a civil money penalty may not be required – even in instances where as a result of the impossibility the violator has enjoyed an economic benefit. The violator will bear the burden, however, of demonstrating that all reasonable steps were taken by him to comply. Examples of excusable circumstances would include natural disasters, fire, embargoes, strikes, and inability of a supplier to furnish materials. Non-compliance will not be excused where the violator encouraged or contributed to the impossibility or unduly delayed negotiations for needed equipment or materials through unreasonable demands, unusual restrictions, or other delays. If only a portion of the period of delayed compliance is attributable to such factors beyond the violator's control a civil money penalty will be sought only for that period of non-compliance that was not attributable to such factors. Considerations of impossibility would fall under the statutory considerations of "degree of culpability" and "such other matters as justice may require."
Shippers and carriers affected by this policy should understand that where they believe that they cannot comply with a requirement of the Hazardous Materials laws by reason of causes absolutely beyond their control, it is their responsibility to contact the Department's Hazardous Materials Section about their situation. If a shipper or carrier desires to continue to ship or transport hazardous materials until such time as it can bring itself back into compliance with the Hazardous Materials laws, then the shipper or carrier MUST make an application for an exemption by which application they MUST demonstrate that their actions, although not in compliance with the Hazardous Materials laws, will insure equivalent levels of safety. If a shipper or carrier cannot demonstrate this, then no exemption will be issued. Such a shipper or carrier must not ship or transport hazardous materials until compliance can once again be achieved. The Department will consider it to be a very serious violation where a shipper or carrier undertakes to excuse its own non-compliance even where non-compliance may be due to causes absolutely beyond the control of the shipper or carrier.
E. Other Bases for Mitigation.
There may also be other unforeseeable mitigating circumstances which might excuse all or a part of the otherwise appropriate civil money penalty. Acceptability of such a situation as a mitigating circumstance will have to be considered on a case-by-case basis. Another instance in which all or part of an otherwise appropriate civil money penalty might not be sought would be where emergency needs (such as employment or energy) require non-compliance. Obviously, situations involving unusual mitigating circumstances must be looked at individually since the full range of such situations cannot be predicted. As discussed above under "impossibility," a shipper or carrier who is unable to comply must make an application for an exemption. No shipper or carrier may at any time excuse itself from compliance.
Since the Act imposes absolute duties of compliance, the burden is clearly upon the violator to establish a compelling reason why a civil money penalty should be mitigated. This burden is satisfied only when serious efforts have been made to comply but actual impossibility or Department conduct alone have precluded compliance. Only in these instances have violators really made a "good faith" effort that excuses non-compliance.
All firms and individuals must be held to a standard that requires careful and diligent planning and serious effort to come into compliance in a timely manner.
F. Other Statutory Factors.
The IHMTA also requires consideration of a violator's ability to pay and the effect on the violator's ability to continue to do business. This requires the penalty to be a function of the "size" of the violator's business. The objective of the Department's penalty structure is to provide meaningful deterrence to all members of the industry and thereby encourage compliance. The size of business criteria will reflect the respondent's ability to pay and continue in business and thereby provides an equivalent degree of deterrence despite differences in business size.
A penalty designed to provide adequate deterrence against a large business may be wholly inappropriate if assessed against a much smaller business. Such a penalty might cause the smaller business to terminate its operations. More nearly uniform deterrence can usually be achieved by assessing the smaller respondent a smaller penalty.
"Size" will be considered to be expressable in terms of some determinable financial criteria which reflects the respondent's economic vitality or strength.
Consideration will also be given to whether to defer or reduce the penalty where a violator lacks the ability to immediately pay the full amount of the penalty.
An unlimited adjustment may be required upon consideration of the effect that the proposed money penalty will have upon a respondent's ability to continue in business. This consideration is the logical extreme of the criteria that relates to the size of the business. A penalty may be unreasonable if the respondent would suffer a severe economic hardship or if its business must be terminated. Deterrence and compliance in such a case might be achieved by coordinating a reduced money penalty with a compliance order or an injunction, rather than putting the respondent out of business through the imposition of a large money penalty.
If one cannot afford to conduct a hazardous materials shipping or carrying operation safely, however, then there is merit in having that operation go out of business.
CIVIL MONEY PENALTY MECHANISM
The civil money penalty shall be determined in accordance with the following mechanism:
Except as otherwise stated, a numerical value of from 1 to 5 shall be assigned to each of the following factors: (a) nature of the violation, (b) extent of the violation, (c) gravity of what did happen as a result of the violation, (d) gravity of what could have happened as a result of the violation, (e) culpability, (f) and history of performance for this or other hazardous materials offenses. A value of 4 or 5 in the gravity of what did happen will be weighted by doubling the value. Repetition of the same offense will always be valued at 5 and weighted by doubling it to 10. The doubling of these values reflects the Department's determination that repetition of the same violation or a violation which results in serious loss or injury should carry a greater penalty. The values assigned will be summed. The sum will be divided by the maximum possible weighted value per violation (40) and then multiplied by the maximum possible penalty per violation ($10,000). The result will be the unadjusted civil money penalty which the Department will seek to assess in actions against violators.
Values will be assigned based upon the following limits:
NATURE would range from 1 for a purely technical violation but general overall compliance, to 5 for complete absence of effort to comply with a fundamental requirement.
EXTENT would range from 1 for a situation involving a single unit, partial violation on a single occasion, to 5 for multi-unit violations over an extended time period.
GRAVITY:
A. Of what did happen, would range from 1 for light property damage or minor personal injury to 5 for a fatality or permanently disabling injury or substantial property damage. Any value of 4 or 5 automatically would be weighted by doubling to 8 or 10, respectively. If there is no personal injury or property damage a value of 0 would be assigned.
B. Of what could have happened, would range from 1 for the general possibility of light property damage or minor personal injury, to 5 for the likelihood of fatal or permanently disabling consequences or substantial property damage. If there is no likelihood that there could have been personal injury or property damage a value of 0 would be assigned.
CULPABILITY would range from 1 for violation of requirements that should have been known, but as a practical matter were not seen, to 5 for violations of fundamental requirements for which that person was clearly responsible.
HISTORY OF PERFORMANCE:
A. The value assigned for the prior prohibited acts of the same type as the one for which the violator is being charged would range from 1 where the violator had previously received a single Notice of Apparent Violation citing him for the same type of act, to 5 where sanctions pursuant to a Notice of Probable Violation or court action charging the same type of act were imposed against the violator, either by default, consent or order. Where a value of 5 is assigned, this value would be automatically weighted by doubling to 10.
B. The value assigned for prior prohibited acts which are not the same type as the one for which the violator is being charged, would range from 0 for no such prior acts to 5 for multiple prior prohibited acts of requirements of a fundamental nature.
A series of examples may suffice to illustrate how this system would work. These examples present simple, hypothetical situations which do not reflect all circumstances which may arise.
Ex. 1: A shipper chronically fails to use required DOT specification packaging for a material corrosive to skin. This violation is observed on a routine inspection. There is no leakage or damage. He has had other moderate hazardous materials violations in the past, but has not received sanctions for this one. A value of 5 would be assigned for the nature of the violation, which is total non-compliance with a fundamental requirement; a value of 5 is assigned for the extent of the violation, which involves all containers and has occurred over an extended time period; a value of 0 is assigned to the gravity of the event; a value of 2 is assigned for the gravity of the chemical burns that COULD have resulted; a value of 5 is assigned for culpability, since proper packaging is a primary shipper responsibility and he should have been aware of it; and a value of 2 is assigned for moderate past hazardous materials violations. This totals 19, divided by the maximum possible value of 40, times $10,000, results in a preliminary civil penalty of $4,750.
Ex. 2: In the same situation as Ex. 1, but where minor leakage has occurred, the value assigned to the gravity of what did happen would be raised to 2, raising the total value to 21, and raising the preliminary penalty to $5,250.
Ex. 3: In the same situation as Ex. 1, but where there was substantial leakage of a material that permanently disabled a transportation worker, the gravity of what happened would be raised to 5 and automatically would double to 10, and the value of what could have happened would be raised to 5. This gives a total assigned value of 32, and a preliminary civil penalty of $8,000.
Ex. 4: In the same situation as Ex. 3, but where there had been prior sanctions for the SAME offense, the value of 5 would be assigned to prior offenses and would automatically double to 10, giving a total of 40, and a preliminary civil penalty of the maximum $10,000.
Ex. 5: A motor carrier is stopped on a routine check and has one of three placards missing from the vehicle, but he otherwise is in compliance, and has had previous moderate hazardous materials sanctions but none for placarding. A value of 1 would be assigned for the partial violation of a fundamental requirement, but where compliance otherwise was achieved; a value of 1 would be assigned for the extent, being a single missing placard on a single vehicle on a single occasion; a value of 0 would be assigned to the gravity of what did happen; a value of 1 would be assigned for the value of what could have happened, if there had been an emergency and there was a need to view the placard from the one side where it was missing; a value of 1 would be assigned for culpability, since although the maintenance of placards is the carrier's responsibility, in all likelihood this violation was inadvertent; and a value of 2 would be used for past hazardous materials violations. This totals 6, divided by 40, times $10,000, results in a preliminary civil penalty of $1,500.
Ex. 6: The same motor carrier in Ex. 5 is missing ALL placards from the vehicle, although the papers received from the shipper showed placards to be necessary. Values would change. A value of 5 would be assigned for the total failure to meet a fundamental requirement; a value of 2 would be assigned for the extent, since four placards were missing, but from a single vehicle on a single occasion; a value of 0 would be given the gravity of what did happen; a value of 5 would be given the gravity of what could have happened; a value of 5 would be assigned for culpability for total non-compliance with a responsibility that clearly is the carrier's; and a value of 2 would be assigned for past violations. This totals 19, for a preliminary civil penalty of $4,750. (NOTE: If the placards were intentionally removed by the driver to avoid tunnel restrictions, etc., a civil penalty would apply to the company, and the Department might recommend criminal prosecution of the driver for a willful violation; if he was instructed to remove the placards by his supervisor, criminal prosecution might be recommended against the company and, perhaps, against the supervisor individually, as well.)
Ex. 7: The shipper in Ex. 1, in his reply to the notice of probable violation, proves that although the containers were not marked with the DOT specification marking, they were built to standards equivalent to or better than the specification requirements. In considering this "circumstance," the preliminary penalty values would be reassigned for the nature of the violation from 5 to 1, to reduce the gravity of what could have happened from 2 to 0, and to reduce the culpability from 5 to 1, since he carried the responsibility to meet packaging standards but did not meet the marketing requirements. This would provide a revised total of 9, and a willingness to settle in a settlement conference called by the presiding officer, for the reduced penalty of $2,250 rather than the original figure of $4,750.
If the reply indicates other circumstances to warrant reduction of the penalty, these will be taken into account to reduce the original values assigned. To the extent the recipient of the letter proves that he lacks the ability to pay or to continue to do business, consideration will be given to a staggered schedule of payments before agreeing to overall reduction of the penalty. Of course, there may be circumstances where the penalty should be reduced for reasons of financial distress, but those circumstances will be very limited.
The caveat bears repeating that this mechanism is a GUIDELINE, not a rigid formula that will be implemented blindly. To the extent that a particular case calls for unusual treatment, it may receive that treatment, irrespective of the penalty figures that the proposed system would impose. As a matter of routine, however, this system will provide the basis for determining preliminary civil penalties and it will provide a necessary measure of consistency from case-to-case, violation-to-violation, and year-to-year in administering the Department's hazardous materials program.
(Recodified from 92 Ill. Adm. Code 108 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12515)
##### **92 Ill. Adm. Code 3040.1** Purpose and Scope (Repealed) {#sec-3040.1 omnilex-key=us-il-regs-official--title-92--3040.1}
(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)
##### **92 Ill. Adm. Code 3040.2** General Transportation Requirements (Repealed) {#sec-3040.2 omnilex-key=us-il-regs-official--title-92--3040.2}
(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)
##### **92 Ill. Adm. Code 3040.3** Hazardous Waste (Repealed) {#sec-3040.3 omnilex-key=us-il-regs-official--title-92--3040.3}
(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)
##### **92 Ill. Adm. Code 3040.4** Exemptions (Renumbered) {#sec-3040.4 omnilex-key=us-il-regs-official--title-92--3040.4}
(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)
##### **92 Ill. Adm. Code 3040.5** Agricultural Exception (Repealed) {#sec-3040.5 omnilex-key=us-il-regs-official--title-92--3040.5}
(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)
##### **92 Ill. Adm. Code 3040.6** Agricultural Exception (Renumbered) {#sec-3040.6 omnilex-key=us-il-regs-official--title-92--3040.6}
(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)
##### **92 Ill. Adm. Code 3040.7** Matter Incorporated by Reference (Repealed) {#sec-3040.7 omnilex-key=us-il-regs-official--title-92--3040.7}
(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)
##### **92 Ill. Adm. Code 3040.8** Definitions and Abbreviations (Repealed) {#sec-3040.8 omnilex-key=us-il-regs-official--title-92--3040.8}
(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)
##### **92 Ill. Adm. Code 3040.9** Rules of Construction (Repealed) {#sec-3040.9 omnilex-key=us-il-regs-official--title-92--3040.9}
(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)
##### **92 Ill. Adm. Code 3040.12** Import and Export Shipments (Repealed) {#sec-3040.12 omnilex-key=us-il-regs-official--title-92--3040.12}
(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)
##### **92 Ill. Adm. Code 3040.13** Imminent Hazard {#sec-3040.13 omnilex-key=us-il-regs-official--title-92--3040.13}
No person may offer, accept, or transport a hazardous material in commerce by highway in Illinois, regardless of the quantity of hazardous material in the shipment or on the vehicle, if that material poses an imminent hazard as defined under 92 Ill. Adm. Code 107.1010. The State Police are authorized to stop any vehicle that constitutes an imminent hazard.
(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)
##### **92 Ill. Adm. Code 3040.14** Specification Markings (Repealed) {#sec-3040.14 omnilex-key=us-il-regs-official--title-92--3040.14}
(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)
##### **92 Ill. Adm. Code 3040.15** Incident Reporting Requirements (Repealed) {#sec-3040.15 omnilex-key=us-il-regs-official--title-92--3040.15}
(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)
##### **92 Ill. Adm. Code 3040.17** Special Permits {#sec-3040.17 omnilex-key=us-il-regs-official--title-92--3040.17}
a) No person may offer or accept a hazardous material for transportation in commerce if that hazardous material is subject to the provisions of a special permit issued by United States Department of Transportation (U.S. DOT) (49 CFR 107) unless the material is offered and accepted in accordance with the terms and conditions of the special permit or this Part.
b) No person may transport a hazardous material in commerce if that hazardous material is subject to the provisions of a special permit issued by U.S. DOT unless the material is transported in accordance with the terms and conditions of the special permit or this Part.
c) Special permits governing packages or containers of hazardous materials are subject to the following conditions:
1) The outside of each package must be plainly and durably marked "DOT-SP" followed by the number assigned;
2) Each shipping paper issued in connection with a shipment made under a special permit must, in association with the entries required by 49 CFR 172.203, bear the notation "DOT-SP" followed by the number assigned; and
3) When a special permit issued to a shipper contains special carrier requirements, the shipper shall furnish a copy of the special permit to the carrier before or at the time a shipment is tendered.
(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)
##### **92 Ill. Adm. Code 3040.18** Continuation of Effectiveness of Existing Bureau of Explosives Registrations (Repealed) {#sec-3040.18 omnilex-key=us-il-regs-official--title-92--3040.18}
(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)
##### **92 Ill. Adm. Code 3040.19** Approvals or Authorizations Issued by the Bureau of Explosives (Repealed) {#sec-3040.19 omnilex-key=us-il-regs-official--title-92--3040.19}
(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)
##### **92 Ill. Adm. Code 3040.21** Retailer Exception {#sec-3040.21 omnilex-key=us-il-regs-official--title-92--3040.21}
AGENCY NOTE: See 49 CFR 173.6 that is incorporated by reference at Section 173.3000 pertaining to Materials of Trade Exemption.
(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)
##### **92 Ill. Adm. Code 3040.22** Agricultural Exceptions {#sec-3040.22 omnilex-key=us-il-regs-official--title-92--3040.22}
a) This Subchapter c does not apply to the transportation of an agricultural product (as defined in 49 CFR 171.8), other than Class 2 material, by a farmer as a private intrastate carrier over local roads between fields of the same farm in approved containers and in the amounts and manner specified in 49 CFR 173.5(b)(2) and (4).
b) Transportation of a Class 2 agricultural product by a farmer as a private intrastate carrier over local roads between fields of the same farm in approved containers and in the amounts and manner specified in 49 CFR 173.5(b)(2) and (4) are excepted from the requirements of subparts G and H of 49 CFR 172.
c) Transportation of an agricultural product to or from a farm, within 150 miles of the farm, in approved containers and conforming to 49 CFR 173.5(b)(1), (2) and (4) are excepted from the requirements in subparts G and H of 49 CFR 172.
d) The following federal regulations may allow additional agricultural exceptions:
1) 49 CFR 173.5(c) pertaining to specification packagings used for aerial application of formulated liquid agricultural products.
2) 49 CFR 173.315(m) pertaining to nurse tanks of anhydrous ammonia.
3) 49 CFR 173.6 pertaining to materials of trade.
(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)
##### **92 Ill. Adm. Code 3040.1000** Incorporation by Reference of 49 CFR 171 {#sec-3040.1000 omnilex-key=us-il-regs-official--title-92--3040.1000}
a) As Part 171 of the Illinois Hazardous Materials Transportation Regulations, the Department incorporates the following sections of 49 CFR 171 by reference, as those sections of the federal hazardous materials transportation regulations were in effect on October 1, 2017, subject only to the exceptions in subsection (b) of this Section. No later amendments to or editions of those sections of 49 CFR 171 are incorporated.
171.1
Applicability of Hazardous Materials Regulations (HMR) to persons and functions
171.2
General Requirements
171.3
Hazardous Waste
171.4
Marine Pollutants
171.7
Reference Material
171.8
Definitions and Abbreviations
171.9
Rules of Construction
171.10
Units of Measure
171.12
Import and Export Shipments
171.15
Immediate Notice of Certain Hazardous Materials Incidents
171.16
Detailed Hazardous Materials Incident Reports
171.19
Approvals or Authorizations Issued by the Bureau of Explosives
171.20
Submission of Examination Reports
171.21
Assistance in Investigations and Special Studies
171.22
Authorization and Condition for the Use of International Standards and Regulations
171.23
Requirements for Specific Materials and Packagings Transported Under the ICAO Technical Instructions, IMDG Code, Transport Canada TDG Regulations, or the IAEA Regulations
171.24
Additional Requirements for the Use of ICAO Technical Instructions
171.25
Additional Requirements for the Use of the IMDG Code
171.26
Additional Requirements for the Use of the IAEA Regulations
b) The following interpretations of, additions to, and deletions from the above incorporated sections of 49 CFR 171 shall apply for purposes of this Part.
1) All references to "this part" in the incorporated federal regulations shall mean this Part 171 of the Illinois Hazardous Materials Transportation Regulations.
2) All references to "this chapter" or "this subchapter" in the incorporated federal regulations shall mean 92 Ill. Adm. Code: Chapter I, Subchapter c.
3) All references to a section of the regulations in the incorporated federal regulations shall be read to refer to that Section in the Illinois Hazardous Materials Transportation Regulations.
4) All references to part 174, 175, or 176, or to sections in those parts, shall be read to refer to that part or sections in the federal regulations.
5) All references to shipments of hazardous materials by air, water, and rail are incorporated for reference purposes only for those persons contemplating intermodal movements of hazardous materials.
6) All references to "these regulations" or the Hazardous Materials Regulations (HMR) in the incorporated federal regulations shall be read to refer to the Illinois Hazardous Materials Transportation Regulations.
7) All references to a "settlement agreement" in these regulations means a written understanding between the Department and the person being charged.
8) 49 CFR 171.1(f)(3) is not incorporated by reference and is replaced by the following:
Preemption determination procedures are in subpart C of 49 CFR 107.
9) 49 CFR 171.1(g) is not incorporated by reference and is replaced by the following:
Each person who knowingly violates a requirement of the federal hazardous materials transportation law, an order issued under the federal hazardous materials transportation law, subchapter A of Chapter I of 49 CFR, a special permit or approval issued under subchapter A or C of Chapter I of 49 CFR, or the Illinois Hazardous Materials Transportation Regulations is liable for penalties established and set forth in 92 Ill. Adm. Code 107.1190 and 107.1390.
10) All references to approvals, exemptions, special permits, or registration referred to in 49 CFR 171.2 shall be read to refer to the federal hazardous materials regulations.
c) Copies of the materials incorporated by reference are available for inspection at the Illinois Department of Transportation, 2300 S. Dirksen Parkway, Springfield IL 62764 or online via the U.S. Government Publishing Office at http://www.ecfr.gov.
(Recodified from 92 Ill. Adm. Code 171 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12517)
##### **92 Ill. Adm. Code 3060.1000** General {#sec-3060.1000 omnilex-key=us-il-regs-official--title-92--3060.1000}
This Part lists the hazardous materials table and hazardous materials communications regulations for the transportation of hazardous materials in Illinois.
(Recodified from 92 Ill. Adm. Code 172 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12521)
##### **92 Ill. Adm. Code 3060.2000** Incorporation by Reference of 49 CFR 172 {#sec-3060.2000 omnilex-key=us-il-regs-official--title-92--3060.2000}
a) As Part 172 of the Illinois Hazardous Materials Transportation Regulations, the Department incorporates 49 CFR 172 by reference, as that part of the federal hazardous materials transportation regulations was in effect on October 1, 2017, subject only to the exceptions in subsection (b) of this Section. No later amendments to or editions of 49 CFR 172 are incorporated.
b) The following interpretations of, additions to, and deletions from 49 CFR 172 shall apply for purposes of this Part.
1) All references to "this part" in the incorporated federal regulations shall mean Part 172 of the Illinois Hazardous Materials Transportation Regulations.
2) All references to "this chapter" or "this subchapter" in the incorporated federal regulations shall mean 92 Ill. Adm. Code: Chapter I, Subchapter c.
3) All references to a section of the regulations in the incorporated federal regulations shall be read to refer to that Section in the Illinois Hazardous Materials Transportation Regulations.
4) All references to part 174, 175, or 176, or to sections in those parts, shall be read to refer to those parts or sections in the federal hazardous materials transportation regulations.
5) All references to shipment of hazardous materials by air, water, and rail are incorporated for reference purposes only for those persons contemplating intermodal movements of hazardous materials.
c) Copies of the materials incorporated by reference are available for inspection at the Illinois Department of Transportation, 2300 S. Dirksen Parkway, Springfield IL 62764 or online via the U.S. Government Publishing Office at http://www.
ecfr.gov.
(Recodified from 92 Ill. Adm. Code 172 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12521)
##### **92 Ill. Adm. Code 3060.2215** Permanent Shipping Papers (Repealed) {#sec-3060.2215 omnilex-key=us-il-regs-official--title-92--3060.2215}
(Recodified from 92 Ill. Adm. Code 172 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12521)
##### **92 Ill. Adm. Code 3080.2000** General {#sec-3080.2000 omnilex-key=us-il-regs-official--title-92--3080.2000}
This Part prescribes the requirements for shipments and packagings used for the transportation of hazardous materials in Illinois.
(Recodified from 92 Ill. Adm. Code 173 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12523)
##### **92 Ill. Adm. Code 3080.3000** Incorporation by Reference of 49 CFR 173 {#sec-3080.3000 omnilex-key=us-il-regs-official--title-92--3080.3000}
a) As Part 173 of the Illinois Hazardous Materials Transportation Regulations, the Department incorporates 49 CFR 173 by reference, as that part of the federal hazardous materials transportation regulations was in effect on October 1, 2017, subject only to the exceptions in subsection (b) of this Section. No later amendments to or editions of 49 CFR 173 are incorporated.
b) The following interpretations of, additions to, and deletions from 49 CFR 173 shall apply for purposes of this Part.
1) All references to "this part" in the incorporated federal regulations shall mean this Part 173 of the Illinois Hazardous Materials Transportation Regulations.
2) All references to "this chapter" or "this subchapter" in the incorporated federal regulations shall mean 92 Ill. Adm. Code: Chapter I, Subchapter c.
3) All references to a section of the regulations in the incorporated federal regulations shall be read to refer to that Section in the Illinois Hazardous Materials Transportation Regulations.
4) All references to part 174, 175, or 176, or to sections in those Parts, shall be read to refer to those parts or sections in the federal hazardous materials transportation regulations.
5) All references to shipment of hazardous materials by air, water, and rail are incorporated for reference purposes only for those persons contemplating intermodal movements of hazardous materials.
6) 49 CFR 173.8(d)(3) is not incorporated by reference and is replaced by the following:
A non-specification metal tank having a capacity of less than 450 liters (119 gallons) is authorized in Illinois for the transportation of flammable liquid petroleum products by an intrastate motor carrier subject to the following conditions:
A) Containers shall be tanks constructed of 18 gauge or heavier steel or equivalent gauge aluminum.
B) Tanks shall be securely fastened to prevent separation from the vehicle.
C) Tanks shall be electrically bonded to the frame of the vehicle.
D) Tanks shall be protected against leakage or damage in the event of a turnover.
E) Tanks may not be drained by gravity. Top mounted pumps must be designed and labeled for use with flammable and combustible liquids. No top mounted pump shall be higher than the highest point of the vehicle or permanently attached appurtenances (i.e., roll bars).
F) Flammable liquid petroleum products being transported on a single vehicle may not exceed 450 liters (119 gallons).
G) Flammable liquid petroleum product is offered for transportation and transported in conformance with all other applicable requirements of this Subchapter.
c) Copies of the materials incorporated by reference are available for inspection at the Illinois Department of Transportation, 2300 S. Dirksen Parkway, Springfield IL 62764 or online via the U.S. Government Publishing Office at http://www. ecfr.gov.
AGENCY NOTE: To clarify the provisions of 49 CFR 173.315(a) Note 17 (7), the transportation of anhydrous ammonia was permitted within Illinois prior to January 1, 1981 as follows: Only specifications MC-330 and MC-331 cargo tanks with a design pressure of 250 p.s.i.g., that had been in anhydrous ammonia service in Illinois prior to February 1, 1979, could continue in such service subject to continued qualification as required by all design and testing requirements specified by 49 CFR 180. Non-specification cargo tanks, other than nurse tanks (49 CFR 173.314(m)), were not authorized in Illinois for anhydrous ammonia service. All specifications MC-330 and MC-331 cargo tanks placed in such service after February 1, 1979 had to meet all requirements for the specification, including a minimum design service of 265 p.s.i.g.
AGENCY NOTE: To clarify the provisions of 49 CFR 173.315(k)(6), the transportation of liquefied petroleum gas within Illinois prior to January 1, 1981 was as follows: Non-specification cargo tanks used to transport liquefied petroleum gas were not authorized for intrastate transportation within Illinois prior to January 1, 1981.
(Recodified from 92 Ill. Adm. Code 173 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12523)
##### **92 Ill. Adm. Code 3100.1000** General {#sec-3100.1000 omnilex-key=us-il-regs-official--title-92--3100.1000}
This part prescribes the requirements for carriage by public highway for the transportation of hazardous materials in Illinois.
(Recodified from 92 Ill. Adm. Code 177 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12525)
##### **92 Ill. Adm. Code 3100.2000** Incorporation by Reference of 49 CFR 177 {#sec-3100.2000 omnilex-key=us-il-regs-official--title-92--3100.2000}
a) As Part 177 of the Illinois Hazardous Materials Transportation Regulations, the Department incorporates 49 CFR 177 by reference, as that part of the federal hazardous materials transportation regulations was in effect on October 1, 2017, subject only to the exceptions in subsection (b) of this Section. No later amendments to or editions of 49 CFR 177 are incorporated.
b) The following interpretations of, additions to, and deletions from 49 CFR 177 shall apply for purposes of this Part.
1) All references to "this part" in the incorporated federal regulations shall mean this Part 177 of the Illinois Hazardous Materials Transportation Regulations.
2) All references to "this chapter" or "this subchapter" in the incorporated federal regulations shall mean 92 Ill. Adm. Code: Chapter I, Subchapter c.
3) All references to a section of the regulations in the incorporated federal regulations shall be read to refer to that Section in the Illinois Hazardous Materials Transportation Regulations.
4) All references to part 174, 175, or 176, or to sections in those parts, shall be read to refer to those parts or sections in the federal hazardous materials transportation regulations.
5) All references to shipment of hazardous materials by air, water, and rail are incorporated for reference purposes only for those persons contemplating intermodal movements of hazardous materials.
6) All references to motor vehicles engaged in interstate commerce shall be deemed to include any motor vehicle engaged in commerce within the State of Illinois.
c) Copies of the materials incorporated by reference are available for inspection at the Illinois Department of Transportation, 2300 S. Dirksen Parkway, Springfield IL 62764 or online via the U.S. Government Publishing Office at http://www.
ecfr.gov.
(Recodified from 92 Ill. Adm. Code 177 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12525)
##### **92 Ill. Adm. Code 3120.100** General {#sec-3120.100 omnilex-key=us-il-regs-official--title-92--3120.100}
a) This Part prescribes the manufacturing and testing specifications for packaging and containers used for the transportation of hazardous materials in Illinois.
b) This Part is a component of 92 Ill. Adm. Code Subchapter c, the Illinois Hazardous Materials Transportation Regulations.
(Recodified from 92 Ill. Adm. Code 178 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12527)
##### **92 Ill. Adm. Code 3120.200** Incorporation by Reference of 49 CFR 178 {#sec-3120.200 omnilex-key=us-il-regs-official--title-92--3120.200}
a) This Section incorporates by reference 49 CFR 178 (October 1, 2017) of the federal hazardous materials transportation regulations. Modifications to the federal regulations incorporated are listed in subsection (b). No later amendments to or editions of those regulations are incorporated.
b) The following interpretations of, additions to, and deletions from 49 CFR 178 shall apply for purposes of this Part.
1) All references to "this part" in the incorporated federal regulations shall mean this Part 178 of the Illinois Hazardous Materials Transportation Regulations.
2) All references to "this chapter" or "this subchapter" in the incorporated federal regulations shall mean 92 Ill. Adm. Code: Chapter I, Subchapter c.
3) All references to a section of the regulations in the incorporated federal regulations shall be read to refer to that Section in the Illinois Hazardous Materials Transportation Regulations.
4) All references to part 174, 175, or 176, or to sections within those parts, shall be read to refer to those parts or sections in the federal hazardous materials transportation regulations.
c) Copies of the materials incorporated by reference are available for inspection at the Illinois Department of Transportation, 2300 S. Dirksen Parkway, Springfield IL 62764 or online via the U.S. Government Publishing Office at http://www.ecfr.gov.
AGENCY NOTE: For questions regarding superseded or discontinued manufacturing specifications, please contact the Department at 217-785-3031.
(Recodified from 92 Ill. Adm. Code 178 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12527)
##### **92 Ill. Adm. Code 3140.1000** General {#sec-3140.1000 omnilex-key=us-il-regs-official--title-92--3140.1000}
This Part prescribes the specifications for tanks that are to be mounted on or form a part of a tank car and which are used for the transportation of hazardous materials in Illinois.
(Recodified from 92 Ill. Adm. Code 179 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12529)
##### **92 Ill. Adm. Code 3140.2000** Incorporation By Reference of 49 CFR 179 {#sec-3140.2000 omnilex-key=us-il-regs-official--title-92--3140.2000}
a) As Part 179 of the Illinois Hazardous Materials Transportation Regulations, the Department incorporates by reference the following subpart and sections of 49 CFR 179 as those sections of the federal hazardous materials transportation regulations were in effect on October 1, 2017, subject only to the exceptions in subsection (b) of this Section. No later amendments to or editions of those sections of 49 CFR 179 of the federal regulations are incorporated.
179.1
General
179.2
Definitions and abbreviations
179.5
Certificate of Construction
179.6
Repairs and alterations
179.7
Quality Assurance program
179.10
Tank mounting
179.11
Welding certification
179.12
Interior heater systems
179.16
Tank-head puncture-resistance systems
179.18
Thermal protection systems
179.20
Service equipment; protection systems
179.22
Marking
subpart E
Specifications for Multi-Unit Tank Car Tanks (Classes DOT-106A and 110AW)
subpart F
Specification for Cryogenic Liquid Tank Car Tanks and Seamless Steel Tanks (Classes DOT-113 and 107A)
b) The following interpretations of, additions to, and deletions from the above incorporated sections of 49 CFR 179 shall apply for purposes of this Part.
1) All references to "this part" in the incorporated federal regulations shall mean this Part 179 of the Illinois Hazardous Materials Transportation Regulations.
2) All references to "this chapter" or "this subchapter" in the incorporated federal regulations shall mean 92 Ill. Adm. Code: Chapter I, Subchapter c.
3) All references to a section of the regulations in the incorporated federal regulations shall be read to refer to that Section in the Illinois Hazardous Materials Transportation Regulations except references to Section 179.3 shall mean 49 CFR 179.3.
c) Copies of the materials incorporated by reference are available for inspection at the Illinois Department of Transportation, 2300 S. Dirksen Parkway, Springfield IL 62764 or online via the U.S. Government Publishing Office at http://www. ecfr.gov.
(Recodified from 92 Ill. Adm. Code 179 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12529)
##### **92 Ill. Adm. Code 3160.1000** General {#sec-3160.1000 omnilex-key=us-il-regs-official--title-92--3160.1000}
This Part prescribes the requirements for maintenance, use, inspections, repair, retest and requalification of packagings used for the transportation of hazardous materials in Illinois.
(Recodified from 92 Ill. Adm. Code 180 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12531)
##### **92 Ill. Adm. Code 3160.2000** Incorporation by Reference of 49 CFR 180 {#sec-3160.2000 omnilex-key=us-il-regs-official--title-92--3160.2000}
a) As Part 180 of the Illinois Hazardous Materials Transportation Regulations, the Department incorporates 49 CFR 180 by reference, as that part of the federal hazardous materials transportation regulations was in effect on October 1, 2017, subject only to the exceptions in subsection (b) of this Section. No later amendments to or editions of 49 CFR 180 are incorporated.
b) The following interpretations of, additions to, and deletions from 49 CFR 180 shall apply for purposes of this Part.
1) All references to "this part" in the incorporated federal regulations shall mean this Part 180 of the Illinois Hazardous Materials Transportation Regulations.
2) All references to "this chapter" or "this subchapter" in the incorporated federal regulations shall mean 92 Ill. Adm. Code: Chapter I, Subchapter c.
3) All references to a section of the regulations in the incorporated federal regulations shall be read to refer to that Section in the Illinois Hazardous Materials Transportation Regulations.
4) All references to part 174, 175, or 176, or to sections of those parts, shall be read to refer to those parts or sections in the federal hazardous materials transportation regulations.
5) All references to shipments of hazardous materials by air, water, and rail are incorporated for reference purposes only for those persons contemplating intermodal movements of hazardous materials.
c) Copies of the materials incorporated by reference are available for inspection at the Illinois Department of Transportation, 2300 S. Dirksen Parkway, Springfield IL 62764 or online via the U.S. Government Publishing Office at http://www.
ecfr.gov.
(Recodified from 92 Ill. Adm. Code 180 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12531)
##### **92 Ill. Adm. Code 3180.1000** Purpose {#sec-3180.1000 omnilex-key=us-il-regs-official--title-92--3180.1000}
This Part prescribes the requirements that all parties who conduct drug and alcohol tests required by the United States Department of Transportation's regulations must follow concerning how to conduct those tests and what procedures to use.
(Recodified from 92 Ill. Adm. Code 340 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12533)
##### **92 Ill. Adm. Code 3180.1010** Incorporation by Reference of 49 CFR 40 {#sec-3180.1010 omnilex-key=us-il-regs-official--title-92--3180.1010}
a) The Department incorporates by reference 49 CFR 40 as that part was in effect on October 1, 2014, as amended at 80 FR 19551, April 13, 2015. No later amendments to or editions of 49 CFR 40 are incorporated. Copies of the appropriate material are available from the Division of Traffic Safety, 1340 N. 9th Street, Springfield, Illinois 62702 or by calling 217/785-1181. The Federal Motor Carrier Safety Regulations are available on the National Archives and Records Administration's website at http://ecfr.gpoaccess.gov. The Division of Traffic Safety's rules are available on the Department's website at http://www.dot.il.gov/safety.html.
b) References to subchapters, parts, subparts, sections or paragraphs shall be read to refer to the appropriate citation in 49 CFR.
(Recodified from 92 Ill. Adm. Code 340 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12533)
##### **92 Ill. Adm. Code 3200.1000** Purpose {#sec-3200.1000 omnilex-key=us-il-regs-official--title-92--3200.1000}
This Part prescribes special training requirements for drivers of applicable commercial motor vehicles (CMVs) in Illinois. (See the definition of commercial motor vehicle in Section 380.1010.)
(Recodified from 92 Ill. Adm. Code 380 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12535)
##### **92 Ill. Adm. Code 3200.1010** Definitions {#sec-3200.1010 omnilex-key=us-il-regs-official--title-92--3200.1010}
As used in this Part:
"Alcohol or alcoholic beverage" means:
Beer as defined in 26 USC 5052(a) (Internal Revenue Code of 1954);
Wine of not less than one-half of one per centum of alcohol by volume; or
Distilled spirits as defined in section 5002(a)(8) (Internal Revenue Code of 1954). (49 CFR 383.5)
"Classroom instructor" means a qualified longer combination vehicle (LCV) driver-instructor who provides knowledge instruction that does not involve the actual operation of an LCV or its components. Instruction may take place in a parking lot, garage, or any other facility suitable for instruction. (49 CFR 380.105)
"Commercial driver's license" or "CDL" means a license issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 CFR 383, that authorizes the individual to operate a class of a commercial motor vehicle. (49 CFR 383.5)
"Commercial learner's permit" or "CLP" means a permit issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in 49 CFR 383, that, when carried with a valid driver's license issued by the same state or jurisdiction, authorizes the individual to operate a class of a commercial motor vehicle when accompanied by a holder of a valid CDL for purposes of behind-the-wheel training. When issued to a CDL holder, a CLP serves as authorization for accompanied behind-the-wheel training in a CMV for which the holder's current CDL is not valid. (49 CFR 383.5)
"Commercial motor vehicle" or "CMV" means, for purposes of this Part and 92 Ill. Adm. Code 382 and 383, a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
Has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit or units with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or
Has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or
Is designed to transport 16 or more passengers, including the driver; or
Is of any size and is used in the transportation of hazardous materials as defined in this Section. (49 CFR 383.5)
"Controlled substance" has the same meaning ascribed under 21 USC 802(6) and includes all substances listed on schedules I through V of 21 CFR 1308.11 through 1308.15, as they may be amended by the United States Department of Justice. (49 CFR 383.5)
"Conviction" means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated. (49 CFR 383.5)
"Disqualification" means any of the following three actions:
The suspension, revocation, or cancellation of a CLP or CDL by the state or jurisdiction of issuance.
Any withdrawal of a person's privileges to drive a CMV by a state or other jurisdiction as a result of a violation of state or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations).
A determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a CMV under 49 CFR 391. (49 CFR 383.5)
"Driver's license" means a license issued by a state or other jurisdiction to an individual that authorizes the individual to operate a motor vehicle on the highways. (49 CFR 383.5)
"Employee" means any operator of a CMV, including full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent, owner-operator contractors (while in the course of operating a CMV) who are either directly employed by or under lease to an employer. (49 CFR 383.5)
"Employer" means any person (including the United States, a state, District of Columbia or a political subdivision of a state) who owns or leases a CMV or assigns employees to operate such a vehicle. (49 CFR 383.5)
"Endorsement" means an authorization to an individual's CLP or CDL required to permit the individual to operate certain types of CMVs. (49 CFR 383.5)
"Entry-level driver" means a driver with less than one year of experience operating a CMV with a CDL in interstate or intrastate commerce.
"Entry-level driver training" means training the CDL driver receives in driver qualification requirements, hours of service of drivers, driver wellness, and whistle blower protection as appropriate to the entry-level driver's current position in addition to passing the CDL test. (49 CFR 380.502)
"Hazardous materials" means any material that has been designated as hazardous under 49 USC 5103 and is required to be placarded under subpart F of 49 CFR 172 or any quantity of a material listed as a select agent or toxin in 42 CFR 73. (49 CFR 383.5)
"Longer combination vehicle" or "LCV" means any combination of a truck-tractor and two trailers or semi-trailers that operates on the highways of Illinois with a gross vehicle weight (GVW) greater than 36,288 kilograms (80,000 pounds).
"LCV double" means an LCV consisting of a truck-tractor in combination with two trailers and/or semi-trailers. (49 CFR 380.105)
"LCV triple" means an LCV consisting of a truck-tractor in combination with three trailers and/or semi-trailers. (49 CFR 380.105)
"Motor vehicle" means a vehicle, machine, tractor, trailer, or semi-trailer propelled or drawn by mechanical power used on highways, except that this term does not include a vehicle, machine, tractor, trailer, or semi-trailer operated exclusively on a rail. (49 CFR 383.5)
"Qualified LCV driver-instructor" means an instructor meeting the requirements contained in 49 CFR 380, subpart C. There are two types of qualified LCV driver-instructors: classroom instructor and skills instructor. (49 CFR 380.105)
"Skills instructor" means a qualified LCV driver-instructor who provides behind-the-wheel instruction involving the actual operation of an LCV or its components outside a classroom. (49 CFR 380.105)
"State" (lower case) means a state of the United States and the District of Columbia. (49 CFR 383.5)
"Tank vehicle" means any CMV that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. A commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of 1,000 gallons or more that is temporarily attached to a flatbed trailer is not considered a tank vehicle. (49 CFR 383.5)
"Training institution" means any technical or vocational school accredited by an accrediting institution recognized by the U.S. Department of Education. A motor carrier's training program for its drivers or an entity that exclusively offers services to a single motor carrier is not a training institution. (49 CFR 380.105)
"Vehicle" means a motor vehicle unless otherwise specified. (49 CFR 383.5)
(Recodified from 92 Ill. Adm. Code 380 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12535)
##### **92 Ill. Adm. Code 3200.1020** Incorporation by Reference of 49 CFR 380 {#sec-3200.1020 omnilex-key=us-il-regs-official--title-92--3200.1020}
a) The Department incorporates by reference 49 CFR 380 as that part of the Federal Motor Carrier Safety Regulations (FMCSR) (49 CFR 380, 382, 383, 385, appendix B of 386, 387, 390, 391, 392, 393, 395, 396 and 397) was in effect on October 1, 2014, subject only to the exceptions in subsection (c) of this Section. No later amendments to or editions of 49 CFR 380 are incorporated. Copies of the appropriate material are available from the Division of Traffic Safety, 1340 N. 9th Street, Springfield, Illinois 62702 or by calling 217/785-1181. The FMCSR are available on the National Archives and Records Administration's website at http://ecfr.gpoaccess.gov. The Division of Traffic Safety's rules are available on the Department's website at http://www.dot.il.gov/safety.html.
b) References to subchapters, parts, subparts, sections or paragraphs shall be read to refer to the appropriate citation in 49 CFR.
c) The following interpretations of, additions to and deletions from 49 CFR 380 shall apply for purposes of this Part.
1) 49 CFR 380.103 is not incorporated and the following is substituted therefor:
This Part applies to all operators of LCVs in interstate or intrastate commerce, employers of LCV operators, and LCV driver-instructors.
2) 49 CFR 380.105 is deleted and not incorporated.
3) 49 CFR 380.501 is not incorporated and the following is substituted therefor:
All entry-level drivers who drive in interstate or intrastate commerce and are subject to the CDL requirements of 49 CFR 383 must comply with subpart E of 49 CFR 380, except drivers who are subject to the jurisdiction of the Federal Transit Administration or who are otherwise exempt under 49 CFR 390.3(f).
4) 49 CFR 380.502 is deleted and not incorporated.
5) 49 CFR 380.509(a) is not incorporated and the following is substituted therefor:
Each employer must ensure that each entry-level driver that began operating a CMV requiring a CDL in interstate or intrastate commerce after July 20, 2003 receives the training required by 49 CFR 380.503.
(Recodified from 92 Ill. Adm. Code 380 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12535)
##### **92 Ill. Adm. Code 3220.1000** Purpose and Applicability {#sec-3220.1000 omnilex-key=us-il-regs-official--title-92--3220.1000}
a) This Part establishes programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of certain commercial motor vehicles.
b) This Part does not apply to drivers who operate covered farm vehicles as defined in 92 Ill. Adm. Code 390.1020.
(Recodified from 92 Ill. Adm. Code 382 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12537)
##### **92 Ill. Adm. Code 3220.1010** Incorporation by Reference of 49 CFR 382 {#sec-3220.1010 omnilex-key=us-il-regs-official--title-92--3220.1010}
a) 49 CFR 382 is hereby incorporated by reference as that part of the Federal Motor Carrier Safety Regulations (FMCSR) (49 CFR 380, 382, 383, 385, appendix B of 386, 387, 390, 391, 392, 393, 395, 396 and 397) was in effect on October 1, 2014. No later amendments to or editions of 49 CFR 382 are incorporated. Copies of the appropriate material are available from the Division of Traffic Safety, 1340 N. 9th Street, Springfield, Illinois 62702 or by calling 217/785-1181. The FMCSR are available on the National Archives and Records Administration's website at http://ecfr.gpoaccess.gov. The Division of Traffic Safety's rules are available on the Department's website at http://www.dot.il.gov/safety.html.
b) References to subchapters, parts, subparts, sections or paragraphs shall be read to refer to the appropriate citation in 49 CFR.
(Recodified from 92 Ill. Adm. Code 382 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12537)
##### **92 Ill. Adm. Code 3240.1000** Purpose and Applicability {#sec-3240.1000 omnilex-key=us-il-regs-official--title-92--3240.1000}
a) The purpose of this Part is to help reduce or prevent truck and bus accidents, fatalities, and injuries by requiring drivers to have a single commercial motor vehicle driver's license and by disqualifying drivers who operate commercial motor vehicles in an unsafe manner.
b) This Part does not apply to a driver of a covered farm vehicle as defined in 92 Ill. Adm. Code 390.1020.
(Recodified from 92 Ill. Adm. Code 383 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12539)
##### **92 Ill. Adm. Code 3240.1010** Incorporation by Reference of 49 CFR 383 {#sec-3240.1010 omnilex-key=us-il-regs-official--title-92--3240.1010}
a) The Department incorporates by reference the following sections of 49 CFR 383 as those sections of the Federal Motor Carrier Safety Regulations (FMCSR) (49 CFR Subchapter B) were in effect on October 1, 2020, subject only to the exceptions in subsection (c) of this Section. No later amendments to or editions of those sections of 49 CFR 383 are incorporated. Copies of the incorporated material are available for inspection at 2300 South Dirksen Parkway, Springfield, Illinois 62764. The FMCSR are also available on the U.S. Government Publishing Office's Website at http://www.ecfr.gov
383.1
Purpose and scope
383.3
Applicability
383.5
Definitions
383.23
Commercial driver's license
383.35
Notification of previous employment
383.37
Employer responsibilities
383.51
Disqualification of drivers
383.53
Penalties
b) References to subchapters, parts, subparts, sections or paragraphs shall be read to refer to the appropriate citation in 49 CFR.
c) As provided in 49 CFR 383.3(d), the following applies for purposes of this Part:
The Uniform Commercial Driver's License Act provides exceptions under 625 ILCS 5/6-507(c) for operators of certain vehicles in Illinois (i.e., farmers). Those exceptions apply for purposes of this Part.
(Recodified from 92 Ill. Adm. Code 383 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12539)
##### **92 Ill. Adm. Code 3260.1000** Purpose {#sec-3260.1000 omnilex-key=us-il-regs-official--title-92--3260.1000}
a) This Part establishes procedures to prohibit motor carriers receiving a safety rating of "unsatisfactory" from the Federal Motor Carrier Safety Administration (FMCSA) from operating a commercial motor vehicle in Illinois.
b) This Part applies to all motor carriers subject to the requirements of this Subchapter, except non-business private motor carriers of passengers as defined in 92 Ill. Adm. Code 390.1020.
c) Subpart B of this Part establishes the safety permit program for motor carriers that transport the types and quantities of hazardous materials listed in 49 CFR 385.403 and incorporated by reference at Section 385.2000(a) of this Part.
(Recodified from 92 Ill. Adm. Code 385 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12541)
##### **92 Ill. Adm. Code 3260.1010** Definitions {#sec-3260.1010 omnilex-key=us-il-regs-official--title-92--3260.1010}
As used in this Part:
"Applicable Safety Regulations or Requirements" means 49 CFR chapter III, subchapter B – Federal Motor Carrier Safety Regulations or, if the carrier is an intrastate motor carrier subject to the hazardous materials safety permit requirements in subpart E of 49 CFR 385, 92 Ill. Adm. Code Subchapter d: Motor Carrier Safety Regulations and 49 CFR chapter I, subchapter C – Hazardous Materials Regulations.
"Commercial Motor Vehicle" means the same as the meaning ascribed to it in 92 Ill. Adm. Code 390.1020, except that Subpart B of this Part applies to intrastate motor carriers that transport those hazardous materials listed in 49 CFR 385.403 and incorporated by reference at Section 385.2000(a) of this Part.
"Compliance Review" means an on-site examination of a motor carrier's operations, such as the drivers' hours of service, maintenance and inspection, driver qualification, commercial drivers license requirements, financial responsibility, accidents, hazardous materials, and other safety and transportation records to determine whether a motor carrier meets the safety fitness standard. A compliance review may be conducted in response to a request to change a safety rating, to investigate potential violations of safety regulations by a motor carrier, or to investigate complaints or other evidence of safety violations. The compliance review may result in the initiation of an enforcement action. (49 CFR 385.3)
"Department" means the Illinois Department of Transportation.
"Federal Motor Carrier Safety Administration" or "FMCSA" means an agency within the United States Department of Transportation.
"Out-of-Service Order" means a prohibition against operating a commercial motor vehicle.
"Pipeline and Hazardous Materials Safety Administration" or "PHMSA" means the Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, Washington, DC 20590. (49 CFR 171.8)
"Safety Management Controls" means the systems, policies, programs, practices, and procedures used by a motor carrier to ensure compliance with applicable safety and hazardous materials regulations, that ensure the safe movement of products and passengers through the transportation system, and to reduce the risk of highway accidents and hazardous materials incidents resulting in fatalities, injuries, and property damage. (49 CFR 385.3)
"Safety Permit" means a document issued by the FMCSA that contains a permit number and confers authority to transport in commerce the hazardous materials listed in 49 CFR 385.403. (49 CFR 385.402)
"Safety Ratings" means:
A satisfactory safety rating means that a motor carrier has in place and functioning adequate safety management controls to meet the safety fitness standards prescribed in 49 CFR 385.5. Safety management controls are adequate if they are appropriate for the size and type of operation of the particular motor carrier.
A conditional safety rating means a motor carrier does not have adequate safety management controls in place to ensure compliance with the safety fitness standard that could result in occurrences listed in 49 CFR 385.5(a) through (k).
An unsatisfactory safety rating means a motor carrier does not have adequate safety management controls in place to ensure compliance with the safety fitness standard that has resulted in occurrences listed in 49 CFR 385.5(a) through (k).
An unrated carrier means that a safety rating has not been assigned to the motor carrier by the FMCSA. (49 CFR 385.3)
(Recodified from 92 Ill. Adm. Code 385 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12541)
##### **92 Ill. Adm. Code 3260.1020** Unsatisfactory Rated Motor Carriers {#sec-3260.1020 omnilex-key=us-il-regs-official--title-92--3260.1020}
a) Upon written notification from the FMCSA to a motor carrier that it has received a final "unsatisfactory" rating by the FMCSA under 49 CFR 385, that motor carrier shall not operate a commercial motor vehicle listed in Section 385.1000 in Illinois.
b) When a carrier subject to the prohibition in Section 385.1000 is known to operate a commercial motor vehicle in Illinois, the Department will issue an order placing those operations out-of-service in Illinois. The order will be served as prescribed under 92 Ill. Adm. Code 386.1020.
c) Any motor carrier placed out-of-service by the Department pursuant to subsection (b) of this Section may appeal that order to the Secretary, who will investigate the matter.
1) Appeals shall be filed in writing with the Secretary no more than 20 days after the out-of-service order is served as prescribed under 92 Ill. Adm. Code 386.1020. The appeal shall contain the reason for the appeal and a contact person's name, address and telephone number.
2) The Secretary's designee will appoint a Department employee to investigate every appeal submitted to the Department in accordance with this Part. The operations declared out-of-service shall remain out-of-service in Illinois during the duration of the investigation.
3) The Department's investigation will be concluded within 30 days after the receipt of the appeal by the Department.
4) Within the 30 day investigative period, the Secretary will issue written notification to the petitioner indicating the Department's determination as to the correctness or incorrectness of the out-of-service order remaining in effect.
5) The Department's written notification, served by certified mail return receipt requested, will include a statement of the facts relied upon and issues decided by the Department in making its determination. The Department's determination is considered administratively final.
d) Any motor carrier whose safety rating of "unsatisfactory" has become final under 49 CFR 385, that has been ordered out-of-service in Illinois by the Department and that has exhausted the appeal procedure or not timely filed an appeal under subsection (c) of this Section and that then willfully operates a commercial motor vehicle in Illinois described in Section 385.1000 will be referred by the Department to a State's Attorney or the Attorney General for prosecution of a Class 3 felony.
e) Any person who willfully permits a motor carrier to operate a commercial motor vehicle in Illinois as described in subsection (d) of this Section will be referred by the Department to a State's Attorney or Attorney General for prosecution of a Class 3 felony.
f) The Department will rescind its out-of-service order issued under this Section within five business days after being notified that the FMCSA has rescinded the "unsatisfactory" rating or will not assign a final "unsatisfactory" rating to the motor carrier. After verification of the rescission from the FMCSA, written notification of the rescission will be sent within that time period by certified mail to the motor carrier.
(Recodified from 92 Ill. Adm. Code 385 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12541)
##### **92 Ill. Adm. Code 3260.2000** Incorporation by Reference of 49 CFR 385, subpart E and subpart F {#sec-3260.2000 omnilex-key=us-il-regs-official--title-92--3260.2000}
a) The Department incorporates by reference 49 CFR 385, subpart E and subpart F, as those subparts of the Federal Motor Carrier Safety Regulations (FMCSR) (49 CFR 380, 382, 383, 385, appendix B of 386, 387, 390, 391, 392, 393, 395, 396 and 397) were in effect on October 1, 2012, subject only to the exceptions in subsection (b). No later amendments to or additions of 49 CFR 385, subpart E and subpart F, are incorporated. Copies of the appropriate material are available from the Division of Traffic Safety, 1340 N. 9th Street, Springfield, Illinois 62702 or by calling 217/785-1181. The FMCSR are available on the National Archives and Records Administration's website at http://ecfr.gpoaccess.gov. The Division of Traffic Safety's rules are available on the Department's website at http://www.dot.il.gov/safety.html.
b) The following interpretations of 49 CFR 385, subpart E and subpart F, shall apply for purposes of this Subpart:
1) Any reference to "this part" in the incorporated material shall mean 92 Ill. Adm. Code 385.
2) Any reference to "this chapter" or "this subchapter" in the incorporated material shall mean 92 Ill. Adm. Code: Chapter I, Subchapter d.
3) Any reference to a section in the incorporated material shall be read to refer to that Section in the Illinois Motor Carrier Safety Regulations.
(Recodified from 92 Ill. Adm. Code 385 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12541)
##### **92 Ill. Adm. Code 3280.1000** Scope {#sec-3280.1000 omnilex-key=us-il-regs-official--title-92--3280.1000}
This Part defines certain terms and prescribes procedures that are applicable to each proceeding described in this Part that are utilized by the Department in carrying out its duties under the Illinois Motor Carrier Safety Law (the Law) [625 ILCS 5/18b-100 through 111] and describes the various enforcement authorities exercised by the Department and the associated sanctions, prescribes the procedures governing the exercise of those authorities and the imposing of those sanctions.
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1010** Definitions {#sec-3280.1010 omnilex-key=us-il-regs-official--title-92--3280.1010}
As used in this Part:
"Applicant" means a public utility that submits an application.
"Department" means the Illinois Department of Transportation.
"Director" means the Director of the Division of Traffic Safety whose office is located at:
Illinois Department of Transportation
P.O. Box 19212
1340 N. 9th St.
Springfield, Illinois 62794-9212
"Division" means the Division of Traffic Safety of the Illinois Department of Transportation.
"Exemption" means a document issued under the authority of the Division that authorizes a person to perform a function that is not otherwise authorized under the Illinois Motor Carrier Safety Regulations (IMCSR).
"Illinois State Police" means any individual officer of the Illinois State Police.
"Material" or "Materially" means anything that relates to any substantive issue that is of consequence to the determination of a proceeding.
"Officer" means an authorized employee of the Illinois Department of Transportation.
"Public Utility" means a firm lawfully licensed and engaged in any of the following: telephone, and television cable or community antenna service; the production, storage, transmission, distribution, sale, delivery or furnishing of heat, cold, light, power, electricity, gas, water or sanitary sewer; or the installation or repair of facilities for any of these activities.
"Relevant" means having any tendency to make the existence of any fact that is of consequence to the determination of the proceeding more probable or less probable than it would be without that information.
"Respondent" means a person upon whom the Department has served a Notice of Intent to Assess Civil Monetary Penalty or a Notice of Probable Violation.
"Secretary" means the Secretary of the Illinois Department of Transportation.
"Undue Delay" means delay that is unwarranted, unjustified or improper.
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1020** Service {#sec-3280.1020 omnilex-key=us-il-regs-official--title-92--3280.1020}
a) General
All documents must be served upon the party or the party's designated agent for service of process. (See 49 CFR 386.6(a).)
b) Type of Service
The Department will serve documents by personal (hand) delivery utilizing governmental or commercial entities, U.S. mail, commercial mail delivery, and, upon prior written consent of the parties, facsimile. Written consent for facsimile service must specify the facsimile number where service will be accepted. When service is made by facsimile, a copy will also be served by any other method permitted by this Section. Facsimile service occurs when transmission is complete. (See 49 CFR 386.6(b).)
c) Certificate of Service
A certificate of service will accompany all documents served in a proceeding under this Part, including an out-of-service order, as prescribed in 92 Ill. Adm. Code 385. The certificate must show the date and manner of service; must be signed by the person making service; and must list the persons being served. (See 49 CFR 386.6(c).)
d) Date of Service
A document will be considered served on the date of personal delivery. If the document is mailed, it will be considered served on the mailing date shown on the certificate of service; or on the date shown on the postmark if there is no certificate of service; or on the mailing date shown by other evidence if there is no certificate of service or postmark. (See 49 CFR 386.6(d).)
e) Valid Service
A properly addressed document, sent in accordance with this Section, that was returned, unclaimed, or refused, is deemed to have been served in accordance with this Section. The service will be considered valid as of the date and the time the document was mailed, or the date personal delivery of the document was refused. Service by delivery after 5 p.m. is deemed to have been made on the next day that is not a Saturday, Sunday, or legal holiday. (See 49 CFR 386.6(e).)
f) Presumption of Service
There shall be a presumption of service if the document is served where a party or a person customarily receives mail or at the address designated in the entry of appearance. (49 CFR 386.6(f))
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1030** Subpoenas {#sec-3280.1030 omnilex-key=us-il-regs-official--title-92--3280.1030}
a) The presiding officer, designated to preside over a hearing convened in accordance with Section 386.1150(b), shall issue subpoenas on his own initiative, or upon the request of any person participating in that proceeding. The presiding officer shall issue subpoenas on his own initiative when the presiding officer believes that the production of relevant documents or the appearance of a particular witness shall materially advance the proceeding and those documents or witnesses have not been subpoenaed by any other party to the proceeding. (Section 18b-102(b) of the Law)
b) A subpoena may require the attendance of a witness, or the production of relevant documentary or other tangible evidence in the possession or under the control of the person served, or both.
c) Service of a subpoena upon the person named therein shall be made by:
1) delivering a copy of the subpoena to such person;
2) delivering a copy of a subpoena to a natural person by handing it to that person, leaving it at his or her office with the person in charge, leaving it at his dwelling place or usual place of abode with some competent adult person of legal age who resides therein; or
3) mailing it by certified mail to the person at the person's last known address.
d) When the person to be served is not a natural person, delivery of a copy of the subpoena shall be effected by:
1) handing it to a registered agent for service, or to any officer, director, or agent in charge of any office of the person; or
2) mailing it by certified mail to that representative at his last known address.
e) The original subpoena bearing a certificate of service shall be filed with the Department official having responsibility for the proceeding in connection with which the subpoena was issued.
f) Any person to whom a subpoena is directed may, prior to the time specified therein for compliance, but in no event more than 10 days after the date of service of such subpoena, send a written request to the presiding officer who issued the subpoena, to quash or modify the subpoena. The written request shall contain a brief statement of the reasons relied upon in support of the action sought therein. The presiding officer (as designated under Section 386.1160(a)) shall:
1) deny the written request;
2) quash or modify the subpoena if it is unreasonable, immaterial, irrelevant, or to prevent delay, expense, harassment or oppression; or
3) condition denial of the written request to quash or modify the subpoena upon the satisfaction of certain just and reasonable requirements to avoid delay, expense, harassment or oppression. The denial may be summary.
g) If there is a refusal to obey a subpoena served upon any person under the provisions of this Section, the Department may request the Attorney General to seek the aid of the Circuit Court or any court of competent jurisdiction in which the person is found, to compel that person, after notice, to appear and give testimony, or to appear and produce the subpoenaed documents before the Department, or both.
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1035** Incorporation by Reference {#sec-3280.1035 omnilex-key=us-il-regs-official--title-92--3280.1035}
a) The Department incorporates by reference 49 CFR 386, appendix B, Penalty Schedule; Violations and Monetary Penalties, as that appendix was in effect on October 1, 2014, as amended at 80 FR 18146, April 3, 2015, subject only to the exceptions in subsection (b). No later amendments to or additions of 49 CFR 386, appendix B are incorporated. Copies of the appropriate material are available from the Division of Traffic Safety, 1340 N. 9th Street, Springfield, Illinois 62702 or by calling 217/785-1181. The Federal Motor Carrier Safety Regulations (FMCSR) are available on the National Archives and Records Administration's website at http://ecfr.gpoaccess.gov. The Division of Traffic Safety's rules are available on the Department's website at http://www.dot.il.gov/safety.html.
b) The following interpretations of 49 CFR 386, appendix B shall apply for purposes of this Part:
1) Any reference to "this part" in the incorporated material shall mean 92 Ill. Adm. Code 386.
2) Any reference to "this chapter" or "this subchapter" in the incorporated material shall mean 92 Ill. Adm. Code: Chapter I, Subchapter d.
3) Any reference to a section in the incorporated material shall be read to refer to that Section in the IMCSR.
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1040** Responsibility for Enforcement {#sec-3280.1040 omnilex-key=us-il-regs-official--title-92--3280.1040}
Responsibility for enforcement of this Part is exercised by:
a) The Illinois Department of Transportation; and
b) The Illinois State Police (the State Police) (Section 18b-102 of the Law).
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1050** Investigations {#sec-3280.1050 omnilex-key=us-il-regs-official--title-92--3280.1050}
a) General
The Department may conduct investigations (Section 18b-102(b) of the Law) relating to compliance by any person with any provision of the IMCSR (92 Ill. Adm. Code 340, 380, 382, 383, 385, 386, 387, 390, 391, 392, 393, 395, 396 and 397) and any order issued under, or any court decree relating to, those regulations.
b) Confidentiality
Information received in an investigation under this Section, including the identity of the person investigated and any other person who provides information during the investigation, shall remain confidential, but only to the extent that disclosure would:
1) interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement agency;
2) interfere with pending administrative enforcement proceedings conducted by the Department;
3) deprive a person of a fair trial or an impartial hearing;
4) unavoidably disclose the identity of a confidential source or confidential information furnished only by the confidential source;
5) disclose unique or specialized investigative techniques other than those generally used and known;
6) endanger the life or physical safety of law enforcement personnel or any other person; or
7) obstruct an ongoing criminal investigation.
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1060** Inspection of Records and Motor Vehicles {#sec-3280.1060 omnilex-key=us-il-regs-official--title-92--3280.1060}
a) Authorized representatives of the Department and the State Police, upon presenting credentials, may enter a motor carrier's established place of business without undue delay, inspect and examine records of motor carriers required to be maintained under the MCSR to determine compliance with the MCSR and may enter a motor carrier's established place of business to inspect and examine the motor vehicles or motor carriers subject to these MCSR to determine compliance with the MCSR. (Section 18b-102(c) of the Law)
b) The motor carrier or a representative of the motor carrier shall be entitled to be present during an inspection conducted pursuant to this Section, however, the presence of the motor carrier or an authorized representative of the motor carrier is not a condition precedent to such an inspection.
c) Inspection conducted, pursuant to this Section, may be initiated at any time that business is being conducted or work is being performed, whether or not open to the public or when the motor carrier or a representative of the motor carrier other than a custodian or watchman, is present. The fact that a motor carrier or representative of the motor carrier leaves the premises after an inspection has been initiated shall not require the termination of the inspection.
d) Any inspection conducted pursuant to this Section shall not continue for more than 24 clock hours after initiation, without the consent of the company, but in no event shall the inspection continue for more than 72 hours after initiation.
e) In the event information comes to the attention of the individuals conducting an inspection that may give rise to the necessity of obtaining a search warrant, and in the event steps are initiated for the procurement of a search warrant, the individuals conducting such inspection may take all necessary steps to secure the premises under inspection until the warrant application is acted upon by a judicial officer.
f) No more than three inspections of a motor carrier shall be conducted pursuant to this Section within any six month period except pursuant to a search warrant.
g) Notwithstanding this limitation, nothing is this Section shall be construed to limit the authority of the State Police or the Department to respond to public complaints of violations of the MCSR or to inspect a commercial motor vehicle, and records thereon, operating on the highways of Illinois. For the purpose of this Section, a public complaint is one in which the complainant identifies himself or herself and sets forth, in writing, the specific basis for their complaint against the motor carrier.
h) Nothing in this Section shall be construed to limit the authority of individuals, pursuant to this Section, to conduct searches of motor carriers pursuant to an issued and authorized search warrant.
i) Whenever any motor carrier who, having been informed by a person authorized to make inspections and examine records under this Section that that person desires to inspect records and the motor carrier's motor vehicles as authorized by this Section, refuses either to produce for that person records required to be kept by the MCSR or to permit such authorized person to make an inspection of motor vehicles in accordance with this Section, and having been advised of his right to refuse to produce records or to permit an inspection of motor vehicles at the time of inspection, the inspection shall be terminated or the inspection confined to areas concerning which no objection is raised. The representative shall endeavor to ascertain the reason for such refusal and shall immediately report the matter to the Director. If the Director desires to have an inspection and examination conducted, the Director may refer the matter to the Department's Office of Chief Counsel to take appropriate action, including issuance of a search warrant, if necessary. (Section 18b-102(c) of the Law)
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1070** Out of Service {#sec-3280.1070 omnilex-key=us-il-regs-official--title-92--3280.1070}
a) Whenever it is determined that a motor vehicle is in such a condition as to likely cause an accident or a breakdown of the vehicle, the Illinois State Police shall order a vehicle or employee operating such vehicle out of service. On making such an order, no restrictions shall be imposed on the employee beyond that required to abate the hazard.
b) Upon the issuance of an order under subsection (a), the driver or employee shall comply immediately with such order.
c) On placing a vehicle out of service, the Illinois State Police shall prevent the further movement of the vehicle and shall tag the vehicle so as to place the vehicle out of service until such time as the imminent danger observed is abated.
d) Whenever the State Police stops a vehicle and the driver or operator of the vehicle is able to properly abate the existing hazard, the vehicle shall be permitted to continue in service.
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1080** Record of Inspection {#sec-3280.1080 omnilex-key=us-il-regs-official--title-92--3280.1080}
When any authorized representative of the Department or the Illinois State Police, responsible for enforcing the MCSR pursuant to Section 386.1040, has inspected driver records or a motor vehicle, the inspector shall provide to the driver or other representative of the carrier, a record of the inspection.
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1090** Warning Letter {#sec-3280.1090 omnilex-key=us-il-regs-official--title-92--3280.1090}
a) When the Department has reason to believe that a person is engaging in conduct which involves a violation of any provision of the MCSR, the Department may issue a warning letter which shall:
1) advise the person of the time, place and circumstances of the apparent violation;
2) advise the person that a subsequent inspection may be conducted to ascertain whether the violation has been corrected; and
3) warn the person not to repeat the violation in the future.
b) The warning letter shall be served in the manner prescribed in Section 386.1020.
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1110** Maximum Penalties {#sec-3280.1110 omnilex-key=us-il-regs-official--title-92--3280.1110}
A person who commits an act that is a violation of any of the IMCSR is liable for a civil penalty as prescribed by 49 CFR 386, appendix B, Penalty Schedule; Violations and Monetary Penalties, and incorporated by reference in Section 386.1035. (See Section 18b-107 of the Law.) When the violation is a continuing one, each day of the violation constitutes a separate offense.
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1120** Commencement of Civil Penalty Proceeding {#sec-3280.1120 omnilex-key=us-il-regs-official--title-92--3280.1120}
a) When the Department has reason to believe that a person has committed an act which is a violation of any provision of the MCSR or a settlement agreement, and having considered the nature, circumstances, extent and gravity of the violation, and with respect to a person believed to have committed such a violation, the degree of culpability and history of prior offenses or warning letters, the Department, by the Director or his authorized representative, shall begin a civil penalty proceeding by serving a Notice of Intent to Assess Civil Monetary Penalty, in accordance with Section 386.1020, on a person charging that person with having committed an act which is a violation of one or more provisions of these regulations or a settlement agreement.
b) A Notice of Intent to Assess Civil Monetary Penalty issued under this Section shall include:
1) notice of the provision(s) of the MCSR or settlement agreement which the respondent is believed to have violated;
2) a brief description of the manner in which the respondent is believed to have violated the MCSR or settlement agreement;
3) notice of the maximum amount of civil penalty for which the respondent may be liable;
4) notice of the amount of the civil penalty sought to be assessed by the Department;
5) a description of the manner in which the respondent shall make payment in accordance with Section 386.1140 of any money to the State;
6) a statement that the respondent may request a conference with the Department, by verbal or written request to the Director, to review and discuss the alleged violation and civil penalty, and of the procedures for requesting a conference;
7) a statement that if a settlement cannot be reached within 90 days, a Notice of Probable Violation will be served upon the respondent, and the respondent will have an opportunity for a hearing as provided by Section 18b-107(b) of the Law and Section 386.1160;
8) a statement that if the respondent does not reply to the Notice of Intent to Assess Civil Monetary Penalty within 30 days after its service upon the respondent, the failure of the respondent to reply constitutes a waiver of its right to appear and contest the allegations, without further notice to the respondent, and authorizes the Secretary, without further notice to the respondent, to find the facts to be as alleged in the Notice of Intent to Assess Civil Monetary Penalty and order the assessment of the civil penalty stated in the Notice; and
9) a statement that respondent's failure to pay a civil monetary penalty as ordered by the Secretary may result in revocation or suspension by the Illinois Secretary of State of the registration of vehicles owned by respondent or, regardless of ownership, were the subject of violations by respondent of the IMCSR, pursuant to 625 ILCS 5/3-704(b).
c) In the event that the Department and the respondent do not enter a settlement agreement following service of a Notice of Intent to Assess Civil Monetary Penalty, the Department by the Director shall serve a Notice of Probable Violation on the respondent.
d) A Notice of Probable Violation issued under this Section includes:
1) a statement of the provision(s) of the MCSR or of a settlement agreement which the respondent is believed to have violated;
2) a statement of the factual allegations upon which the proposed civil penalty is being sought;
3) notice of the maximum amount of civil penalty for which the respondent may be liable;
4) notice of the amount of the civil penalty sought to be assessed by the Department;
5) a description of the manner in which the respondent shall make payment of any money to the State in accordance with Section 386.1140;
6) a statement of respondent's right to request a hearing and the procedures for requesting a hearing in accordance with Section 386.1150; and
7) a statement of respondent's right to appear at the hearing and to present relevant written or oral explanations, information and materials in answer to the allegations or in mitigation of the penalty.
e) A settlement of a civil penalty proceeding may be effectuated at any time upon agreement of the parties, shall be reduced to writing by the Department and signed by the parties. Terms of the settlement may include a reduction in the amount of the proposed civil penalty, and may include training and procedural requirements agreed upon by the respondent and Department. Training and procedural requirements may be agreed upon to increase awareness of and compliance with the MCSR.
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1130** Reply {#sec-3280.1130 omnilex-key=us-il-regs-official--title-92--3280.1130}
a) Within 30 days of the service of a Notice of Probable Violation issued under Section 386.1020, the respondent may:
1) pay the preliminary assessment as provided in Section 386.1140 and thereby close the case; or
2) request a hearing as provided in Section 386.1150.
b) The Director shall extend the 30-day period, for a maximum of 30 days, upon a request to do so by the respondent within the 30-day period.
c) Failure of the respondent to reply by taking one of the two actions described in subsection (a) within the period provided constitutes a waiver of his right to appear and contest the allegations, and authorizes the Secretary, without further notice to the respondent, to find the facts to be as alleged in the Notice of Probable Violation and order the assessment of an appropriate civil penalty. The assessment shall be the same as the assessment stated in the Notice when the respondent fails to reply.
d) An order entered against a respondent who fails to reply shall be vacated by the Secretary upon good cause shown in a written motion filed within 30 days of service of the order. A motion to vacate must be accompanied by a request for hearing meeting the requirements of Section 386.1150. No further extension of this time for filing shall be granted.
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1140** Payment of Penalty {#sec-3280.1140 omnilex-key=us-il-regs-official--title-92--3280.1140}
a) Payment of a civil penalty should be made by certified check or money order payable to the "Treasurer of the State of Illinois" and sent to:
Director, Division of Traffic Safety
Illinois Department of Transportation
P.O. Box 19212
Springfield, Illinois 62794-9212.
b) At any time after an order assessing a civil penalty is referred to the Attorney General for collection, the respondent may offer a compromise, for example, by offering a specific amount or a payment plan to the Director who, with the consent of the Attorney General, may accept or reject it. If it is accepted, the respondent is notified in writing by the Director that the acceptance is in full settlement of the civil penalty for the violation.
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1150** Request for Hearing {#sec-3280.1150 omnilex-key=us-il-regs-official--title-92--3280.1150}
a) If a respondent elects to request a hearing, he shall submit a written request to the Director. The request shall:
1) state the name and address of the respondent and of the person signing the request, if different from the respondent;
2) state with respect to each allegation whether it is admitted or denied; and
3) state the issues to be raised by the respondent at the hearing.
b) After receiving a request for hearing which complies with the requirements of subsection (a), the Director shall request the Secretary to appoint a presiding officer. The designated presiding officer schedules a hearing for the earliest practicable date.
c) The presiding officer shall grant extensions of the time of the commencement of the hearing for good cause shown.
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1160** Hearing {#sec-3280.1160 omnilex-key=us-il-regs-official--title-92--3280.1160}
a) When a hearing is requested under Section 386.1150 the Secretary shall appoint a presiding officer to convene and preside over the hearing. To the extent practicable, the hearing will be held near the place where the alleged violation occurred or at a place convenient to the respondent, provided that all such hearings shall be in Illinois. Testimony by witness shall be given under oath and the hearing shall be recorded verbatim.
b) The presiding officer may:
1) administer oaths and affirmations;
2) issue subpoenas as provided by Section 386.1030;
3) adopt procedures, including the submission of evidence in written form;
4) take or cause depositions to be taken;
5) rule on offers of proof and receive relevant evidence;
6) examine witnesses at the hearing;
7) convene, recess, reconvene, adjourn and otherwise regulate the course of the hearing;
8) hold conferences for settlement, simplification of the issues or any other proper purpose; and
9) take any other action authorized by or consistent with the provisions of this Part pertaining to civil penalties and which may expedite the hearing or aid in the disposition of an issue raised therein.
c) The Director, or his representative, has the burden of proving the facts alleged in the Notice of Probable Violation as may be necessary to fully inform the presiding officer as to the matter concerned.
d) The respondent may appear and be heard on his own behalf or through counsel of his choice. The respondent or his counsel may offer relevant information including testimony which he believes should be considered in defense of the allegations or which may bear on the penalty to be assessed and conduct such cross-examination as may be required for a full disclosure of the facts.
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1170** Presiding Officer's Decision {#sec-3280.1170 omnilex-key=us-il-regs-official--title-92--3280.1170}
a) After consideration of the evidence of record, the presiding officer may dismiss the Notice of Probable Violation in whole or in part. If he does not dismiss it in whole, he will issue and serve on the respondent an order assessing a civil penalty. The order will include a statement of findings and conclusions as well as the reasons therefor on all material issues of fact, law, and discretion.
b) If, within 20 days after service of an order assessing a civil penalty, the respondent does not pay the civil penalty or file an appeal as provided in Section 386.1190, the case shall be referred to the Illinois Attorney General with a request that an action to collect the penalty be brought in the appropriate Circuit Court.
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1180** Assessment Considerations {#sec-3280.1180 omnilex-key=us-il-regs-official--title-92--3280.1180}
a) In assessing a civil penalty under the provisions of this Part, the assessment is made only after considering:
1) the nature and circumstances of the violation;
2) the extent and gravity of the violation;
3) the degree of the respondent's culpability;
4) the respondent's history of prior offenses;
5) the respondent's ability to pay; and
6) the effect on the respondent's ability to continue in business (Section 18b-107(b) of the Law).
b) The manner in which these factors are considered by the Department is that the facts gathered by the Department, as well as the facts and arguments obtained from the respondent during the informal conference process, are weighed and considered by the Department in determining or revising the assessed penalty in light of the factors stated in subsections (a)(1) through (6). The respondent may request a formal hearing, in accordance with Section 386.1150, to present evidence to the presiding officer, who shall weigh all of the relevant evidence presented in light of the factors stated in this Section.
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1190** Appeal {#sec-3280.1190 omnilex-key=us-il-regs-official--title-92--3280.1190}
a) Orders of dismissal and orders assessing civil penalties may be appealed to the Secretary. An appeal must be filed within 20 days of service of the presiding officer's order.
b) The decision of the Secretary on appeal shall be made on the record of the hearing, including all pleadings and the decision of the officer who presided at the hearing. No new or additional evidence shall be considered by the Secretary without a positive showing by the party presenting such evidence that the evidence was not available or, through due diligence, could not have been made available at the hearing. At the discretion of the Secretary, for clarification purposes, and upon reasonable notice of the parties, oral argument may be had on appeal. Any party requesting oral argument must detail in his petition for appeal the reasons for the request for argument.
c) If the Secretary affirms the assessment and the respondent does not pay the civil penalty within 35 days after service of the Secretary's decision on appeal and no complaint for administrative review has been filed, the case shall be referred to the Attorney General with a request that an action to collect the penalty be brought in the appropriate Circuit Court.
d) Petition for appeal shall detail the assailed findings and be confined to factual and legal issues which are essential to the ultimate and just determination of the proceeding. Petitions shall not exceed 10 pages in length, excluding a separate preface and summary of argument which shall not exceed three pages. A reply to the petition, if any, shall be filed within 20 days of receipt of the petition for appeal and shall meet requirements as to length and format.
e) The filing of the petition shall stay the effect of the prior decision, order or requirement pending the determination of the appeal.
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1200** Willful Violations {#sec-3280.1200 omnilex-key=us-il-regs-official--title-92--3280.1200}
Whenever it appears to the Department that a person has engaged or is engaged in any act or practice constituting a willful violation of any provision of the MCSR or of any settlement agreement or order issued thereunder, the Secretary shall request the Illinois Attorney General or State's Attorney to bring an action in the appropriate Circuit Court for such relief as is authorized by the Law. (Section 18b-108 of the Law).
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1210** Failure to Pay Civil Penalty {#sec-3280.1210 omnilex-key=us-il-regs-official--title-92--3280.1210}
a) Failure of the respondent to pay all or a portion of a civil penalty under Section 386.1120(b)(8), Section 386.1130(c) or Section 386.1170 or a settlement agreement under Section 386.1120(e) or Section 386.1140(b) will result in the Department, without further notice to respondent, notifying the Illinois Secretary of State in writing or by electronic communication, no sooner than 30 days and no more than 40 days after that failure to pay, that respondent has not paid a civil penalty or a settlement agreement arising from a violation of the IMCSR. The Illinois Secretary of State may then suspend or revoke the registration of vehicles that are owned by the respondent or, regardless of ownership, that were the subject of violations of the IMCSR for which a civil penalty or settlement agreement remains unpaid.
b) An order to pay a civil penalty or a settlement agreement will include a provision that failure to pay all or a portion of the civil monetary penalty or settlement agreement will result in the Department, without further notice to respondent, notifying the Illinois Secretary of State that the respondent has not paid a civil penalty or a settlement agreement arising from a violation of the IMCSR and that the Illinois Secretary of State may then suspend or revoke the registration of vehicles that are owned by respondent or, regardless of ownership, that were the subject of violations of the IMCSR for which a civil penalty or settlement agreement remains unpaid.
c) Within three business days after the respondent paying a civil penalty or settlement agreement that was the subject of a notice to the Illinois Secretary of State under subsection (a) of this Section, the Department will notify the Secretary of State that the civil penalty or settlement agreement has been paid.
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1300** Purpose and Scope {#sec-3280.1300 omnilex-key=us-il-regs-official--title-92--3280.1300}
a) This Subpart C applies to vehicles that are not subject to 92 Ill. Adm. Code 383 (i.e., operators required to obtain a commercial driver's license cannot qualify for this public utility exemption).
b) Drivers who operate utility service vehicles, as defined in 92 Ill. Adm. Code 390.1020, are exempt from the provisions of 92 Ill. Adm. Code 395. (See 92 Ill. Adm. Code 395.1000(b).) (See 49 CFR 395.1(n).) Drivers of utility service vehicles seeking relief from the hours of service requirements in 92 Ill. Adm. Code 395 are not required to follow the procedures contained in this Subpart C.
c) This Subpart C prescribes procedures by which a public utility, as defined in Section 386.1010 and that is not subject to the FMCSR, may obtain administrative relief from 92 Ill. Adm. Code 390, 392, 393, 396 and 397 in the form of an exemption. Exemptions provided for in this Subpart C will be granted only when they insure levels of safety consistent with the public interest, with the IMCSR, and with the tolerance guidelines established in 49 CFR 350, appendix C.
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1310** Exemptions for a Public Utility {#sec-3280.1310 omnilex-key=us-il-regs-official--title-92--3280.1310}
a) Only those intrastate public utility commercial motor vehicles and their drivers that meet the requirements of this Subpart C are eligible for an exemption.
b) Upon application, public utility commercial motor vehicles operated solely in intrastate commerce as defined in 92 Ill. Adm. Code 390.1020 with a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR) of 26,000 pounds or less and that are not either designed to transport more than 15 passengers, including the driver, or used to transport hazardous materials in an amount requiring placarding, will be considered for an exemption from the Illinois Motor Carrier Safety Regulations with the exception of 92 Ill. Adm. Code 391 − Qualification of Drivers.
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1320** Initial Exemptions: Application and Review {#sec-3280.1320 omnilex-key=us-il-regs-official--title-92--3280.1320}
a) A public utility may apply to the Director for an exemption from the IMCSR as described in Section 386.1310(b) and (c).
b) Each application filed under this Section for an exemption must:
1) Be submitted to:
Director, Division of Traffic Safety
Illinois Department of Transportation
P.O. Box 19212
1340 N. 9th St.
Springfield, Illinois 62794-9212;
2) Reference the exemption being sought under Section 386.1310;
3) State the name, address and telephone number of the applicant;
4) Certify that the vehicles for which an exemption is sought are used for the delivery of essential utility services to the public;
5) Certify that the public utility systematically inspects, repairs and maintains all commercial motor vehicles operating under the exemption as incorporated by reference in 92 Ill. Adm. Code 396. Parts and accessories shall be in safe and proper operating condition at all times. This Subpart C does not provide for exemption from the semi-annual inspection required by the Illinois Vehicle Inspection Law [625 ILCS 5/13-101 and 13-109];
6) For vehicles controlled by the public utility for 30 consecutive days or more, the utility must maintain or cause to be maintained records as incorporated by reference in 92 Ill. Adm. Code 396. If requested, the public utility must make these records available for inspection by an officer of the Department;
7) Certify that the firm's drivers of the commercial motor vehicles fully comply with the driver qualification standards outlined in 92 Ill. Adm. Code 391;
8) Submit the number of commercial motor vehicles owned or leased by the firm having a GVWR or GCWR of 26,000 pounds or less for which an exemption is requested;
9) Submit the number of commercial motor vehicles owned or leased by the firm having a GVWR or GCWR greater than 26,000 pounds for which hours of service relief is requested;
10) Make available for inspection by an officer of the Department comprehensive fleet accident information for the previous two years and annual total fleet mileage (See 92 Ill. Adm. Code 390.1020 for definition of accident.);
11) Identify any increased risks that are likely to result if an exemption is granted, and specify the safety control measures that the applicant considers necessary or appropriate to compensate for those increased risks;
12) State the reasons why the applicant believes the requested exemption, including any safety control measures specified by the applicant, will achieve a level of safety that:
A) Is at least equal to that specified in the IMCSR from which the exemption is sought; or
B) If the IMCSR do not contain a specified level of safety, will be consistent with the public interest and will protect against the risks of life and property;
13) Certify that the transportation described in the requested exemption is not governed by the FMCSR.
c) If the applicant seeks to have the application processed on a priority basis, the applicant must set forth the supporting facts and reasons. If the Director, or his/her designated officer, determines that the request warrants priority consideration because of an emergency as defined in 92 Ill. Adm. Code 390.1020, the application will be processed as timely as practicable.
d) To permit timely consideration, an application should be submitted at least 60 days before the requested effective date.
e) If the applicant states that the information contained in the application constitutes trade secrets or commercial or financial information, the applicant must include a statement as to why the information is privileged or confidential.
f) Upon receipt by the Division, the application will be date and time-stamped. The Division will determine whether the application is complete and in conformance with this Subpart C. Incomplete applications will be returned along with a letter containing the reasons the application is incomplete. In that case, the applicant will be requested to supply additional information or documentation. An applicant that does not supply such additional information or documentation will not be approved.
g) When the Division determines that the application is complete, an on-site visit will be conducted within 60 calendar days after receipt of that determination to verify that, for example, driver qualification requirements are being met and that the required vehicle repair, inspection and maintenance records are being maintained.
h) A decision regarding the granting of an exemption will be based upon the application and record assembled by the Division.
i) A letter of approval will be mailed by the Director, or his/her designated officer, to the applicant granting the exemption. The exemption is effective for a two year period from the date of the approval letter.
j) A letter of denial containing a statement of the reasons why the applicant has not been granted an exemption and the provisions of Subpart C that support the denial will be mailed to applicants denied exemptions. Applicants denied an exemption may:
1) Correct deficiencies listed in the letter of denial and reapply if the application can be modified to meet the Department's objections as specified in the letter of denial; or
2) Appeal the decision (see Section 386.1350 for appeal procedures).
k) At any time there is a material change in the application or in any information relevant to the exemption, the applicant shall promptly notify the Division. Failure to notify the Division will result in termination of the exemption.
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1330** Renewals {#sec-3280.1330 omnilex-key=us-il-regs-official--title-92--3280.1330}
a) Each application for the renewal of an exemption issued under this Subpart C must be filed prior to the expiration of the exemption. To permit timely consideration, an application for renewal should be submitted at least 60 calendar days before the expiration of the exemption. An exemption that is allowed to lapse will not be considered a renewal. Initial application procedures as outlined in Section 386.1320 will apply in the case of lapsed exemptions. The exemption of an applicant that has timely filed an application for renewal will continue pending the consideration of the renewal.
b) Each application for the renewal of an exemption issued under this Subpart C must:
1) Be submitted to:
Director, Division of Traffic Safety
Illinois Department of Transportation
P.O. Box 19212
1340 N. 9th St.
Springfield, Illinois 62794-9212;
2) Identify the exemption for which a renewal is requested;
3) State the name, address and telephone number of the applicant;
4) Include:
A) A certification by the applicant that the information submitted in the original application, or as may have been updated by any subsequent application for renewal, is accurate and correct; or
B) Such amendments to the previously submitted information as is necessary to update it and assure its accuracy and correctness;
5) Include a statement describing all accident experience that has occurred in connection with the exemption since its issuance or most recent renewal, or, if no accidents have occurred, a certification to that effect. (See 92 Ill. Adm. Code 390.1020 for the definition of accident.)
c) Upon receipt by the Division, the Division will date and time-stamp the application for renewal. The Division will determine whether the application is complete and in conformance with this Subpart C. The applicant will be requested to supply missing information or attachments.
d) When the Division determines that the application for renewal is complete, an on-site visit will be conducted within 60 calendar days after the determination to verify that, for example, driver qualification requirements are being met and that the required vehicle repair, inspection and maintenance records are being maintained.
e) A decision regarding the renewal of an exemption will be based upon the application and record assembled by the Division. Exemptions will not be renewed unless the record establishes that the applicant meets the requirements of this Subpart C.
f) A letter of approval will be mailed by the Director granting the renewal of the exemption. The renewal is effective for a two year period from the date of the approval letter.
g) A letter of denial containing a statement of the reasons why the exemption has not been renewed and the provisions of Subpart C that support the denial will be mailed to an applicant denied renewal.
h) Applicants denied a renewal may correct deficiencies listed in the letter of denial and reapply if the application for renewal can be modified to meet the Department's objections as specified in the letter of denial, or applicants may appeal the decision as provided for in Section 386.1350.
i) At any time there is a material change in the application for renewal or in any information relevant to the exemption, the applicant shall promptly notify the Division. Failure to notify the Division will result in termination of the exemption.
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1340** Expiration and Termination of an Exemption {#sec-3280.1340 omnilex-key=us-il-regs-official--title-92--3280.1340}
a) An exemption and any renewal expires according to its terms but not later than two years after the date of issuance unless terminated sooner pursuant to subsection (b) of this Section.
b) The Director, or his/her designated officer, may terminate an exemption if the Director, or his/her designated officer, obtains any information evidencing that:
1) Any activity under the exemption is not being performed in accordance with the terms of the exemption or this Subpart C; or
2) On the basis of information not available at the time the exemption was granted, a termination of the exemption is necessary to adequately protect against risks to life and property; or
3) The exemption is no longer consistent with the public interest; or
4) The exemption is no longer necessary because of an amendment to the Illinois Motor Carrier Safety Regulations; or
5) The exemption was granted on the basis of false, fraudulent, or misleading representations or information by the applicant in an application.
c) Unless the Director, or his/her designated officer, believes that immediate termination is necessary to abate the risk of an imminent hazard, the Director, or his/her designated officer, will notify the firm in writing within 30 calendar days of the Director's, or his/her designated officer's, intent to terminate and the reasons for the termination.
d) A letter of termination will be sent to the firm by certified mail, return receipt requested. The letter, mailed by the Division, will include:
1) a statement of the reasons for termination of the exemption;
2) the provisions of this Subpart C and the IMCSR that support termination; and
3) a statement that the letter of termination is final unless an appeal is filed in accordance with Section 386.1350.
e) The filing of an appeal will stay the effect of the notice of termination pending determination of the review of the appeal.
f) If a firm does not file an appeal, it may reapply for an exemption one calendar year after the date of the letter of termination.
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3280.1350** Appeal {#sec-3280.1350 omnilex-key=us-il-regs-official--title-92--3280.1350}
a) Any applicant for an exemption or renewal of an exemption believing that it has wrongly been denied or a firm holding an exemption that has been terminated may, within 30 calendar days after receiving the written letter advising it of that decision from the Division, file a written appeal with the Secretary stating areas of disagreement and providing evidence, if possible, to rebut the Department's decision.
b) This appeal shall be directed to:
Secretary
Illinois Department of Transportation
2300 South Dirksen Parkway, Room 300
Springfield, Illinois 62764
c) The Secretary will affirm or revise, in writing, the initial determination within 30 calendar days after having received the appeal. Once the Secretary has made a final decision, that decision goes into effect immediately.
d) The firm will be notified in writing of the Secretary's decision.
(Recodified from 92 Ill. Adm. Code 386 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12543)
##### **92 Ill. Adm. Code 3300.1000** Purpose {#sec-3300.1000 omnilex-key=us-il-regs-official--title-92--3300.1000}
This Part prescribes the minimum level of financial responsibility required to be maintained by for-hire motor carriers of passengers and property operating motor vehicles in interstate commerce. This Part also prescribes the minimum level of financial responsibility to be maintained by for-hire and not-for-hire motor carriers transporting hazardous materials, hazardous substances, or hazardous wastes in intrastate and interstate commerce. Finally, this Part creates additional incentives for motor carriers to maintain and operate their vehicles in a safe manner and to assure that they maintain appropriate levels of financial responsibility for motor vehicles operated on Illinois highways.
(Recodified from 92 Ill. Adm. Code 387 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12547)
##### **92 Ill. Adm. Code 3300.1050** Applicability {#sec-3300.1050 omnilex-key=us-il-regs-official--title-92--3300.1050}
a) This Part applies to for-hire motor carriers operating motor vehicles transporting property in interstate commerce.
b) This Part applies to motor carriers operating motor vehicles transporting hazardous materials, hazardous substances, or hazardous wastes in interstate or intrastate commerce.
c) Exceptions:
1) This Part does not apply to a motor vehicle that has a gross vehicle weight rating (GVWR) of less than 10,000 pounds. This exception does not apply if the vehicle is used to transport any quantity of a Division 1.1, 1.2, or 1.3 material, any quantity of a Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I, Hazard Zone A, or to a highway route controlled quantity of a Class 7 material as it is defined in 49 CFR 173.403, in interstate commerce.
2) This Part does not apply to the transportation of non-bulk oil or non-bulk hazardous materials, substances, or wastes in intrastate commerce, except that this Part does apply to the transportation of a highway route controlled quantity of a Class 7 material as defined in 49 CFR 173.403, in intrastate commerce. (49 CFR 387.3, October 1, 2006)
d) This Part applies to for-hire motor carriers transporting passengers in interstate commerce only.
e) Exceptions. This Part does not apply to:
1) An interstate motor vehicle transporting only school children and teachers to or from school;
2) An interstate motor vehicle providing taxicab service and having a seating capacity of fewer than 7 passengers and not operated on a regular route or between specified points;
3) An interstate motor vehicle carrying fewer than 16 individuals in a single daily round trip to commute to and from work; and
4) An interstate motor vehicle operated by a motor carrier under contract providing transportation of preprimary, primary, and secondary students for extracurricular trips organized, sponsored, and paid for by a school district. (49 CFR 387.27, October 1, 2006)
(Recodified from 92 Ill. Adm. Code 387 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12547)
##### **92 Ill. Adm. Code 3300.2000** Incorporation by Reference of 49 CFR 387 {#sec-3300.2000 omnilex-key=us-il-regs-official--title-92--3300.2000}
a) The Department incorporates by reference 49 CFR 387 as that part of the Federal Motor Carrier Safety Regulations (FMCSR) (49 CFR 380, 382, 383, 385, appendix B of 386, 387, 390, 391, 392, 393, 395, 396 and 397) was in effect on October 1, 2014, as amended at 80 FR 18146, April 3, 2015. No later amendments to or editions of 49 CFR 387 are incorporated. Copies of the appropriate material are available from the Division of Traffic Safety, 1340 N. 9th Street, Springfield, Illinois 62702 or by calling 217/785-1181. The FMCSR are available on the National Archives and Records Administration's website at http://ecfr.gpoaccess.gov. The Division of Traffic Safety's rules are available on the Department's website at http://www.dot.il.gov/safety.html.
b) References to subchapters, parts, subparts, sections or paragraphs shall be read to refer to the appropriate citation in 49 CFR.
(Recodified from 92 Ill. Adm. Code 387 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12547)
##### **92 Ill. Adm. Code 3320.1000** Purpose {#sec-3320.1000 omnilex-key=us-il-regs-official--title-92--3320.1000}
This Part establishes general applicability, definitions, general requirements and information as they pertain to persons subject to the Illinois Motor Carrier Safety Law (Law) [625 ILCS 5/Ch. 18B]. The Illinois Motor Carrier Safety Regulations (IMCSR) consist of 92 Ill. Adm. Code 340, 380, 382, 383, 385, 386, 387, 390, 391, 392, 393, 395, 396 and 397.
(Recodified from 92 Ill. Adm. Code 390 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12549)
##### **92 Ill. Adm. Code 3320.1010** General Applicability {#sec-3320.1010 omnilex-key=us-il-regs-official--title-92--3320.1010}
a) All Parts of the IMCSR except for "Transportation of Hazardous Materials; Driving and Parking" (92 Ill. Adm. Code 397) are applicable to:
Persons employing drivers, drivers and commercial motor vehicles which transport property or passengers in interstate or intrastate commerce. (Section 18b-106 of the Law)
b) 92 Ill. Adm. Code 397 applies to any employer, employee or motor carrier engaged in the transportation of hazardous materials by a motor vehicle that must be marked or placarded in accordance with "Carriage by Public Highway" (49 CFR 177.823) and to:
1) Each officer or employee of the carrier who performs supervisory duties related to the transportation of hazardous materials; and
2) Each person who operates or who is in charge of a motor vehicle containing hazardous materials.
c) The provisions of 92 Ill. Adm. Code 397 do not apply to the transportation in Illinois of hazardous materials by a farmer when in approved containers and in the amounts and manner specified in 92 Ill. Adm. Code 171.22, Agricultural Exception.
d) Nothing in the IMCSR shall be construed to prohibit an employer from requiring and enforcing more stringent requirements relating to safety of operation and employee safety and health.
e) The IMCSR requires knowledge of and compliance with the following:
1) Every employer shall be knowledgeable of and comply with all requirements contained in the IMCSR that are applicable to that motor carrier's operations.
2) Every driver and employee shall comply with all applicable requirements contained in the IMCSR and shall be instructed accordingly.
3) All motor vehicles' equipment and accessories required by the IMCSR shall be maintained in compliance with all applicable performance and design criteria also set forth in the IMCSR.
f) Except for provisions in Section 13-101 of the Illinois Vehicle Code [625 ILCS 5/13-101] or unless otherwise specifically provided, the requirements in the IMCSR do not apply to:
1) All school bus operations as defined in Section 390.1020 of this Part, except for the provisions of 49 CFR 391.15(e) and (f), 49 CFR 392.80 and 49 CFR 392.82;
2) Transportation performed by the federal government, a state or any political subdivision of a state, or an agency established under a compact between states that has been approved by the Congress of the United States;
3) The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise;
4) The transportation of human corpses or sick and injured persons;
5) The operation of fire trucks and rescue vehicles while involved in emergency and related operations;
6) The operation of vehicles designed or used to transport between 9 and 15 passengers (including the driver), not for direct compensation, provided the vehicle does not otherwise meet the definition of a commercial motor vehicle, except for the provisions of 49 CFR 391.15(e) and (f), 392.80 and 392.82, and except that motor carriers operating these vehicles are required to comply with 49 CFR 390.15, 390.21(a) and (b)(2), 390.201 and 390.205;
AGENCY NOTE: "Not for direct compensation" means no direct payment is made to the carrier by the passengers or any person acting on behalf of the passengers for the transportation services provided.
7) Either a driver of a commercial motor vehicle used primarily in the transportation of propane winter heating fuel or a driver of a motor vehicle used to respond to a pipeline emergency, if the motor carrier safety regulations would prevent the driver from responding to an emergency condition requiring an immediate response, as defined in Section 390.1020.
g) The following parts apply to motor carriers and vehicles that transport certain types and quantities of hazardous materials in intrastate commerce:
1) 49 CFR 385, Safety Fitness Procedures, subparts A and E, for carriers subject to the requirements of 49 CFR 385.403;
2) 49 CFR 386, Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials Proceedings;
3) 49 CFR 387, Minimum Levels of Financial Responsibility for Motor Carriers, to the extent provided in 49 CFR 387.3; and
4) 49 CFR 390.19, Motor Carrier, Hazardous Material Shipper, and Intermodal Equipment Provider Identification Reports, and 49 CFR 390.21, Marking of Self-Propelled CMVs and Intermodal Equipment, for carriers subject to the requirements of 49 CFR 385.403. Intrastate motor carriers operating prior to January 1, 2005 are excepted from 49 CFR 390.19(a)(1).
h) The following regulations apply to intermodal equipment providers:
1) 49 CFR 385, subpart F and 92 Ill. Adm. Code 385, Subpart B;
2) 49 CFR 386 and 92 Ill. Adm. Code 386;
3) 49 CFR 390 and 92 Ill. Adm. Code 390, except 49 CFR 390.15(b) concerning accident registers;
4) 49 CFR 393 and 92 Ill. Adm. Code 393; and
5) 49 CFR 396 and 92 Ill. Adm. Code 396.
i) The following regulations apply to brokers that are required to register with the FMCSA pursuant to 49 USC 139:
1) 49 CFR 371, Brokers of Property.
2) 49 CFR 386, Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials Proceedings.
3) 49 CFR 387, Minimum Levels of Financial Responsibility for Motor Carriers, to the extent provided in subpart C of that part.
4) 49 CFR 390, subpart E, Unified Registration System.
j) The following regulations apply to freight forwarders that are required to register with the FMCSA pursuant to 49 USC 139:
1) 49 CFR 386, Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials Proceedings.
2) 49 CFR 387, Minimum Levels of Financial Responsibility for Motor Carriers, to the extent provided in subpart D of that part.
3) 49 CFR 390.subpart E, Unified Registration System.
k) 49 CFR 390.subpart E, applies to each cargo tank and cargo tank motor vehicle manufacturer, assembler, repairer, inspector, tester and design certifying engineer who is subject to registration under 49 CFR 107.502 and 49 USC 5108.
AGENCY NOTE: See 92 Ill. Adm. Code 386, Subpart C: Public Utility Exemptions, for provisions relating to possible exemptions from the IMCSR for intrastate public utility commercial motor vehicles.
(Recodified from 92 Ill. Adm. Code 390 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12549)
##### **92 Ill. Adm. Code 3320.1020** Definitions {#sec-3320.1020 omnilex-key=us-il-regs-official--title-92--3320.1020}
The following definitions apply to all Parts in the IMCSR unless a specific Part expressly defines a term differently:
"Accident" means:
Except as provided below, an occurrence involving a commercial motor vehicle operating on a highway that results in:
A fatality;
Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle or vehicles to be transported away from the scene by a tow truck or other motor vehicle.
The term accident does not include:
An occurrence involving only boarding and alighting from a stationary motor vehicle; or
An occurrence involving only the loading or unloading of cargo. (49 CFR 390.5)
"Agricultural commodities" means any agricultural commodity, non-processed food, feed, fiber, or livestock, including insects. (Section 18b-101 of the Law)
"Agricultural operations" means the operation of a motor vehicle or combination of vehicles transporting agricultural commodities or farm supplies for agricultural purposes. (Section 18b-101 of the Law)
"Air mile" means a nautical mile, which is equivalent to 6,076 feet or 1,852 meters. Accordingly, 100 air miles are equivalent to 115.08 statute miles or 185.2 kilometers. (Section 18b-101 of the Law)
"Alcohol concentration" or "AC" means the concentration of alcohol in a person's blood or breath. When expressed as a percentage it means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. (49 CFR 390.5)
"Bus" means any motor vehicle designed, constructed, and/or used for the transportation of passengers, including taxicabs. (49 CFR 390.5)
"Business district" means the territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to, hotels, banks, or office buildings, railroad stations and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway. (Section 1-108 of the Code)
"Charter transportation of passengers" means transportation, using a bus, of a group of persons who, pursuant to a common purpose, under a single contract, at a fixed charge for the motor vehicle, have acquired the exclusive use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin. (49 CFR 390.5)
"Code" means the Illinois Vehicle Code [625 ILCS 5].
"Commerce" means trade, commerce or transportation within the State. (Section 1-111.4 of the Code)
"Commercial motor vehicle" or "CMV" means:
Any self propelled or towed vehicle used on public highways in interstate and intrastate commerce to transport passengers or property when the vehicle has a gross vehicle weight, a gross vehicle weight rating, a gross combination weight, or a gross combination weight rating of 10,001 or more pounds (4,537 or more kilograms); or
The vehicle is used or designed to transport more than 15 passengers, including the driver; or
The vehicle is designed to carry 15 or fewer passengers and is operated by a contract carrier transporting employees in the course of their employment on a highway of this State; or
The vehicle is used or designed to transport between 9 and 15 passengers, including the driver, for direct compensation; or
The vehicle is used in the transportation of hazardous materials in a quantity requiring placarding under the Illinois Hazardous Materials Transportation Act [430 ILCS 30].
This definition shall not include farm machinery, fertilizer spreaders, and other special agricultural movement equipment described in Section 3-809 of the Code nor implements of husbandry as defined in Section 1-130 of the Code. (Section 18b-101 of the Law)
"Commercial vehicle inspections" means:
Level 1 − North American Standard Inspection: An inspection that includes examination of driver's license; medical examiner's certificate and Skill Performance Evaluation (SPE) Certificate (if applicable); alcohol and drugs; driver's record of duty status as required; hours of service; seat belt; vehicle inspection report or reports (if applicable); brake systems; coupling devices; exhaust systems; frames; fuel systems; lighting devices (headlamps, tail lamps, stop lamps, turn signals and lamps/flags on projecting loads); securement of cargo; steering mechanisms; suspensions; tires; van and open-top trailer bodies; wheels, rims and hubs; windshield wipers; emergency exits and/or electrical cables and systems in engine and battery compartments (buses); and Hazardous Material/Dangerous Goods (HM/DG) requirements as applicable. HM/DG required inspection items will be inspected by certified HM/DG inspectors.
Level 2 – Walk-Around Driver/Vehicle Inspection: An examination that includes each of the items specified under the North American Standard Inspection Level 2 Walk-Around Driver/Vehicle Inspection Procedure. At a minimum, Level 2 inspections must include examination of: driver's license; medical examiner's certificate and Skill Performance Evaluation (SPE) Certificate (if applicable); alcohol and drugs; driver's record of duty status as required; hours of service; seat belt; vehicle inspection report or reports (if applicable); brake systems; coupling devices; exhaust systems; frames; fuel systems; lighting devices (headlamps, tail lamps, stop lamps, turn signals and lamps/flags on projecting loads); securement of cargo; steering mechanisms; suspensions; tires; van and open-top trailer bodies; wheels, rims and hubs; windshield wipers; emergency exits and/or electrical cables and systems in engine and battery compartments (buses); and HM/DG requirements as applicable. HM/DG required inspection items will be inspected by certified HM/DG inspectors. It is contemplated that the walk-around driver/vehicle inspection will include only those items that can be inspected without physically getting under the vehicle.
Level 3 − Driver/Credential Inspection: An examination that includes those items specified under the North American Standard Level 3 Driver/Credential Inspection Procedure. At a minimum, Level 3 inspections must include, when required and/or applicable, examination of the driver's license; medical examiner's certificate and Skill Performance Evaluation (SPE) Certificate; driver's record of duty status; hours of service; seat belt; vehicle inspection report; and HM/DG requirements. Those items not indicated in the North American Standard Level 3 Driver/Credential Inspection Procedure shall not be included on a Level 3 inspection.
Level 4 − Special Inspections: Inspections under this heading typically include a one-time examination of a particular item. These examinations are normally made in support of a study or to verify or refute a suspected trend.
Level 5 − Vehicle-Only Inspection: An inspection that includes each of the vehicle inspection items specified under the North American Standard Inspection (Level 1), without a driver present, conducted at any location.
Level 6 – North American Standard Inspection for Transuranic Waste and Highway Route Controlled Quantities (HRCQ) of Radioactive Material: An inspection for select radiological shipments, which include inspection procedures, enhancements to the North American Standard Level 1 Inspection, radiological requirements, and the North American Standard Out-of-Service Criteria for Transuranic Waste and HRCQ of Radioactive Material. All vehicles and carriers transporting HRCQ of radioactive material are regulated by the U.S. Department of Transportation and required to pass the North American Standard Level 6 Inspection. Select radiological shipments include HRCQ of radioactive material as defined in 49 CFR 173.403. Because only a small fraction of transuranics are HRCQ, the U.S. Department of Energy has decided to include its transuranic waste shipments in the North American Standard Level 6 Inspection Program.
Level 7 – Jurisdictional Mandated Commercial Vehicle Inspection: An inspection that is a jurisdictional mandated inspection program that does not meet the requirements of any other level of inspection. An example would include inspection programs including, but not limited to: school buses; limousines; taxis; shared rides; hotel courtesy shuttles; and other intrastate/intraprovincial operations. These inspections may be conducted by CVSA-certified inspectors, other designated government employees or jurisdiction approved contractors. Inspector training requirements shall be determined by each jurisdiction. No CVSA decal shall be issued for a Level 7 inspection, but a jurisdiction-specific decal may be applied.
(CVSA, North American Standard Out-of-Service Criteria, April 2013)
"Commercial Vehicle Safety Alliance" or "CVSA" means the international not-for-profit organization comprising local, state, provincial, territorial and federal motor carrier safety officials and industry representatives from the United States, Canada and Mexico. Its mission is to promote commercial motor vehicle safety and security by providing leadership to enforcement, industry and policy makers. CVSA actively monitors, evaluates and identifies solutions to potentially unsafe transportation processes and procedures related to driver and vehicle safety requirements most often associated with commercial motor vehicle crashes. In addition, CVSA has several hundred associate members who are committed to helping CVSA achieve its goals: uniformity, compatibility and reciprocity of commercial vehicle inspections, and enforcement activities throughout North America by individuals dedicated to highway safety and security.
"Conviction" means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated. (49 CFR 390.5)
"Covered farm vehicle" means a straight truck or articulated vehicle, excluding vehicles transporting hazardous materials of a type or quantity that requires the vehicle to be placarded in accordance with the Illinois Hazardous Materials Transportation Act [430 ILCS 30], registered in this State or another state and equipped with a special license plate or other designation by the state in which the vehicle is registered identifying the vehicle as a covered farm vehicle for law enforcement personnel and:
Is operated by a farm or ranch owner or operator, or an employee or family member of the farm or ranch owner or operator; and
Is being used to transport the following to or from a farm or ranch:
agricultural commodities;
livestock; or
machinery or supplies; and
If registered in this State, is:
registered as a farm truck under Section 3-815(c) of the Code; or
operated in combination as an articulated vehicle when the truck in the combination is registered for 12,000 lbs. or less as a covered farm vehicle under Section 3-815(a) and (a-5) of the Code or Section 3-818(a) of the Code and contains in the cab of the motor vehicle a registration designating the vehicle as a covered farm vehicle under Section 3-815(a) and (a-5) of the Code and the trailer in the combination is registered as a farm trailer under Section 3-819(a) of the Code and displays a farm registration license plate; or
a truck registered for 12,000 lbs. or less as a covered farm vehicle under Section 3-815(a) and (a-5) of the Code or Section 3-818(a) of the Code containing in the cab of the motor vehicle a registration designating the vehicle as a covered farm vehicle under Section 3-815(a) and (a-5) of the Code that is towing an implement of husbandry as part of a farming operation; and
Is not used in for-hire motor carrier operations; however, for-hire motor carrier operations do not include the operation of a vehicle meeting the definition of a covered farm vehicle by a tenant pursuant to a crop share farm lease agreement to transport the landlord's portion of the crops under that agreement; and
Has a gross vehicle weight rating (GVWR), a gross combination weight rating (GCWR), or a gross vehicle weight or gross vehicle combination weight, whichever is greater, that is:
26,001 lbs. or less, for vehicles operating in interstate commerce; or
greater than 26,001 lbs., operating in interstate commerce and registered in this State; or
greater than 26,001 lbs. and traveling interstate within 150 air miles of the farm or ranch for which the vehicle is being operated, regardless of whether it is registered in this State; or
greater than 10,000 lbs. and traveling intrastate. (Section 18b-101 of the Law)
AGENCY NOTE: Covered farm vehicles used in intrastate commerce are subject to the Illinois Vehicle Inspection Law as prescribed in Sections 13-101 and 13-109 of the Code.
"Dangerous goods" see the definition of "Hazardous Material" in this Section.
"Department" means the Department of Transportation of the State of Illinois, acting directly or through its duly authorized officers and agents. (Section 1-115.05 of the Code)
"Direct assistance" means transportation and other relief services provided by a motor carrier or its drivers incident to the immediate restoration of essential services (such as electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions) or essential supplies (such as food and fuel). It does not include transportation related to long-term rehabilitation of damaged physical infrastructure or routine commercial deliveries after the initial threat to life and property has passed. (49 CFR 390.5)
"Direct compensation" means payment made to the motor carrier by the passengers or a person acting on behalf of the passengers for the transportation services provided, and not included in a total package charge or other assessment for highway transportation services. (Section 18b-101 of the Law )
"Disabling damage" means damage that precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs.
Inclusions: Damage to motor vehicles that could have been driven, but would have been further damaged if so driven.
Exclusions:
Damage that can be remedied temporarily at the scene of the accident without special tools or parts.
Tire disablement without other damage even if no spare tire is available.
Headlamp or taillight damage.
Damage to turn signals, horn or windshield wipers that makes them inoperative. (49 CFR 390.5)
"Distribution point" means the point, for for-hire motor carriers, where the bill of lading originates for the farm supply being transported. For not-for-hire motor carriers, the distribution point means the original loading point for the farm supply. This definition applies to both wholesale and retail movements.
"Driveaway-towaway operation" means any operation in which an empty or unladen motor vehicle with one or more sets of wheels on the surface of the roadway is being transported:
Between vehicle manufacturer's facilities;
Between a vehicle manufacturer and a dealership or purchaser;
Between a dealership, or other entity selling or leasing the vehicle, and a purchaser or lessee;
To a motor carrier's terminal or repair facility for the repair of disabling damage (as defined in this Section) following a crash;
To a motor carrier's terminal or repair facility for repairs associated with the failure of a vehicle component or system; or
By means of a saddle-mount or tow-bar. (49 CFR 390.5)
"Driver" means any person who operates any commercial motor vehicle. (49 CFR 390.5)
"Driving a commercial motor vehicle while under the influence of alcohol" means committing any one or more of the following acts in a CMV: driving a CMV while the person's alcohol concentration is 0.04 percent or more; driving under the influence of alcohol, as prescribed by state law; or refusal to undergo such testing as is required by any state or jurisdiction in the enforcement of Table 1 to "Commercial Driver's License Standards; Requirements and Penalties" (49 CFR 383.51) or "Driving of Motor Vehicles" (49 CFR 392.5(a)(2)). (49 CFR 390.5)
"Electronic device" means, but is not limited to, a cellular telephone; personal digital assistant; pager; computer; or any other device used to input, write, send, receive or read text. (49 CFR 390.5)
"Emergency" means any hurricane, tornado, storm (e.g., thunderstorm, snowstorm, icestorm, blizzard, sandstorm, etc.), high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, mud slide, drought, forest fire, explosion, blackout or other occurrence, natural or man-made, that interrupts the delivery of essential services (such as electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions) or essential supplies (such as food and fuel) or otherwise immediately threatens human life or public welfare, provided such hurricane, tornado, or other event results in:
A declaration of an emergency by the President of the United States, the Governor of a state, or their authorized representatives having authority to declare emergencies; by the FMCSA Field Administrator for the geographical area in which the occurrence happens; or by other federal, State or local government officials having authority to declare emergencies, including but not limited to the Illinois Department of Transportation's Director, Division of Traffic Safety, or his or her designee; or
A request by a police officer for tow trucks to move wrecked or disabled motor vehicles. (49 CFR 390.5)
"Emergency condition requiring immediate response" means any condition that, if left unattended, is reasonably likely to result in immediate serious bodily harm, death or substantial damage to property. In the case of transportation of propane winter heating fuel, these conditions shall include (but are not limited to) the detection of gas odor, the activation of carbon monoxide alarms, the detection of carbon monoxide poisoning, and any real or suspected damage to a propane gas system following a severe storm or flooding. An "emergency condition requiring immediate response" does not include requests to refill empty gas tanks. In the case of a pipeline emergency, these conditions include (but are not limited to) indication of an abnormal pressure event, leak, release or rupture. (49 CFR 390.5)
"Emergency relief" means an operation in which a motor carrier or driver of a commercial motor vehicle is providing direct assistance to supplement State and local efforts and capabilities to save lives or property or to protect public health and safety as a result of an emergency as defined in this Section. (49 CFR 390.5)
"Employee" means any individual, other than an employer, who is employed by an employer and who, in the course of his or her employment, directly affects commercial motor vehicle safety. The term includes:
A driver of a commercial motor vehicle (including an independent contractor while in the course of operating a commercial motor vehicle);
A mechanic; and
A freight handler.
The term does not include an employee of the United States, any state, any political subdivision of a state, or any agency established under a compact among states and approved by the Congress of the United States who is acting within the course of that employment. (49 CFR 390.5)
"Employer" means any person engaged in a business affecting interstate or intrastate commerce who owns or leases a commercial motor vehicle in connection with that business, or assigns employees to operate it, but such term does not include the United States, any state, any political subdivision of a state, or an agency established under a compact between states approved by the Congress of the United States.
"Exempt intracity zone" means the geographic area of a municipality or the commercial zone of that municipality described by the Federal Motor Carrier Safety Administration (FMCSA) in 49 CFR 372, subpart B. The descriptions are printed in appendix F to the Federal Motor Carrier Safety Regulations. For purposes of 49 CFR 391.62, a driver may be considered to operate a commercial motor vehicle wholly within an exempt intracity zone notwithstanding any common control, management, or arrangement for a continuous carriage or shipment to or from a point without such zone. (49 CFR 390.5)
"Exempt motor carrier" means a person engaged in transportation exempt from economic regulation by the FMCSA under 49 USC 135, but subject to the safety regulations set forth in the IMCSR.
"Farm machinery" − see definition of "Special agricultural movement equipment" in this Section.
"Farm supplies for agricultural purposes" means products directly related to the growing or harvesting of agricultural commodities and livestock feed at any time of the year. (Section 18b-101 of the Law)
"Farm to market agricultural transportation" means the operation of a motor vehicle controlled and operated by a farmer who is a private motor carrier of property; who is using the vehicle to transport agricultural products to or from a farm operated by the farmer, or to transport farm machinery or farm supplies to or from a farm operated by the farmer; and who is not using the commercial vehicle to transport hazardous materials of a type or quantity that requires the vehicle to be placarded in accordance with the Illinois Hazardous Materials Transportation Act [430 ILCS 30]. (Section 1-119.6 of the Code)
"Farm vehicle driver" means a person who drives only a commercial motor vehicle that is –
Controlled and operated by a farmer as a private motor carrier of property;
Being used to transport either –
Agricultural products, or
Farm machinery, farm supplies, or both, to or from a farm;
Not being used in the operation of a for-hire motor carrier;
Not carrying hazardous materials of a type or quantity that requires the commercial motor vehicle to be placarded in accordance with 49 CFR 177.823; and
Being used within 150 air-miles of the farmer's farm. (49 CFR 390.5)
"Farmer" means any person who operates a farm or is directly involved in the cultivation of land, crops, or livestock that:
Are owned by that person; or
Are under the direct control of that person. (49 CFR 390.5)
"Fatality" means any injury that results in the death of a person at the time of the motor vehicle accident or within 30 days after the accident. (49 CFR 390.5)
"Federal Motor Carrier Safety Administrator" means the chief executive of theFMCSA, an agency within the United States Department of Transportation. (49 CFR 390.5)
"For-hire" means the operation of a vehicle for compensation and subject to federal regulation by the Interstate Commerce Commission or to State regulation by the Illinois Commerce Commission and those vehicles governed by Chapters 8 and 9 under the Code and regulated by the Secretary of State. (Section 1-122.5 of the Code)
"For-hire motor carrier" means a person engaged in the transportation of goods or passengers for compensation. (49 CFR 390.5)
"Gross Combination Weight Rating" or "GCWR" means the greater of:
A value specified by the manufacturer of the power unit, if that value is displayed on the Federal Motor Vehicle Safety Standard (FMVSS) certification label required by the National Highway Traffic Safety Administration; or
The sum of the GVWRs or the gross vehicle weights (GVWs) of the power unit and the towed unit or units, or any combination thereof, that produces the highest value. Exception: The GCWR of the power unit will not be used to define a CMV when the power unit is not towing another vehicle. (49 CFR 390.5)
"Gross Vehicle Weight Rating" or "GVWR" means the value specified by the manufacturer as the loaded weight of a single motor vehicle. (49 CFR 390.5)
"Hazardous material" means a substance or material that has been determined by the Secretary of the United States Department of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and that has been so designated. (49 CFR 390.5)
"Hazardous substance" means a material, and its mixtures or solutions, that is identified in appendix A to 49 CFR 172.101, List of Hazardous Substances and Reportable Quantities when offered for transportation in one package, or in one transport motor vehicle if not packaged, and when the quantity of the material therein equals or exceeds the reportable quantity (RQ). This definition does not apply to petroleum products that are lubricants or fuels, or to mixtures or solutions of hazardous substances if in a concentration less than that shown in the table "General Information, Regulations and Definitions" in 49 CFR 171.8 based on the reportable quantity (RQ) specified for the materials listed in appendix A to 49 CFR 172.101. (49 CFR 390.5)
"Hazardous waste" means any material that is subject to the hazardous waste manifest requirements of the EPA specified in "Standards Applicable to Generators of Hazardous Waste" in 40 CFR 262 or would be subject to these requirements absent an interim authorization to a state under "State Program Requirements" in 40 CFR 123, subpart F. (49 CFR 390.5)
"Highway" means any road, street, or way, whether on public or private property, open to public travel. "Open to public travel" means that the road section is available, except during scheduled periods, extreme weather or emergency conditions, passable by four-wheel standard passenger cars, and open to the general public for use without restrictive gates, prohibitive signs, or regulation other than restrictions based on size, weight, or class of registration. Toll plazas of public toll roads are not considered restrictive gates. (49 CFR 390.5)
"Illinois Motor Carrier Safety Regulations" or "IMCSR" means the requirements established in Parts 340, 380, 382, 383, 385, 386, 387, 390, 391, 392, 393, 395, 396 and 397 (92 Ill. Adm. Code: Chapter I, Subchapter d).
"Illinois State Police" means any individual officer of the Illinois State Police.
"Implement of husbandry" means every vehicle designed and adapted exclusively for agricultural, horticultural, or livestock raising operations, including farm wagons, wagon trailers or like vehicles used in connection therewith, or for lifting or carrying an implement of husbandry provided that no farm wagon, wagon trailer or like vehicle having a gross weight of more than 36,000 pounds, shall be included hereunder. (Section 1-130 of the Code)
"Interchange" means the act of providing intermodal equipment to a motor carrier pursuant to an intermodal equipment interchange agreement for the purpose of transporting the equipment for loading or unloading by any person or repositioning the equipment for the benefit of the equipment provider, but it does not include the leasing of equipment to a motor carrier for primary use in the motor carrier's freight hauling operations. (49 CFR 390.5)
"Intermodal equipment" means trailing equipment that is used in the intermodal transportation of containers over public highways in interstate commerce, including trailers and chassis. (49 CFR 390.5)
"Intermodal equipment interchange agreement" means the Uniform Intermodal Interchange and Facilities Access Agreement (UIIFA) or any other written document executed by an intermodal equipment provider or its agent and a motor carrier or its agent, the primary purpose of which is to establish the responsibilities and liabilities of both parties with respect to the interchange of the intermodal equipment. (49 CFR 390.5)
"Intermodal equipment provider" means any person that interchanges intermodal equipment with a motor carrier pursuant to a written interchange agreement or has a contractual responsibility for the maintenance of the intermodal equipment. (49 CFR 390.5)
"Interstate commerce" means transportation between two or more states or transportation originating in one state and passing into or through other states for delivery in another state. (Section 1-133 of the Code)
"Intrastate commerce" means any trade, traffic, or transportation in Illinois that is not described in the term "interstate commerce." (49 CFR 390.5)
"Law" means the Illinois Motor Carrier Safety Law [625 ILCS 5/Ch. 18B].
"Livestock" means cattle, sheep, goats, swine, poultry (including egg-producing poultry), fish used for food, and other animals designated by the Secretary of the United States Department of Transportation (at his or her sole discretion) that are part of a foundation herd (including producing dairy cattle) or offspring. (Section 18b-101 of the Law)
"Medical Examiner" means an individual certified by FMCSA and listed on the National Registry of Certified Medical Examiners in accordance with 49 CFR 390.subpart D.
"Medical variance" means a driver has received one of the following from the Federal Motor Carrier Safety Administration that allows the driver to be issued a medical certificate:
An exemption letter permitting operation of an interstate commercial motor vehicle pursuant to 49 CFR 381, subpart C or 49 CFR 391.64;
A skill performance evaluation certificate permitting operation of an interstate commercial motor vehicle pursuant to 49 CFR 391.49. (49 CFR 390.5)
"Mobile telephone" means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the Federal Communications Commission (47 CFR 20.3). It does not include two-way or Citizens Band Radio services. (49 CFR 390.5)
"Motor carrier" means a for-hire motor carrier or a private motor carrier. The term includes a motor carrier's agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories. For purposes of the IMCSR, the definition of "motor carrier" includes the terms "employer" and "exempt motor carrier." (49 CFR 390.5)
"Motor vehicle" means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the Federal Motor Carrier Safety Administration, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service. (49 CFR 390.5)
"Motor vehicle record" means the report of the driving status and history of a driver generated from the driver record, provided to users, such as drivers or employers, and subject to the provisions of the Driver Privacy Protection Act (18 USC 2721 through 2725). (49 CFR 390.5)
"Multiple-employer driver" means a driver who, in any period of 7 consecutive days, is employed or used as a driver by more than one motor carrier. (49 CFR 390.5)
"North American Uniform Out-Of-Service Criteria" means a set of guidelines established by the CVSA and recognized by all states, the provinces of Canada, and Mexico as acceptable standards for identifying driver violations and critical vehicle inspection items that may render a driver, a commercial motor vehicle or a hazardous material load out-of-service. The criteria is enforced, in some states, by qualified law enforcement officers of a municipality, county, state or the federal government. In Illinois, only qualified officers of the Department, the Illinois State Police and the federal government have authority to enforce the out-of-service criteria.
"Operating authority" means the registration required by 49 USC 13902, 49 CFR 365, 49 CFR 368 and 49 CFR 392.9a. (49 CFR 390.5)
"Operator" – see driver.
"Other terms" – any other term used in the IMCSR is used in its commonly accepted meaning, except where such other term has been defined elsewhere in the IMCSR. In that event, the definition therein given shall apply.
"Out-of-service order" means a declaration by the Illinois State Police or by an authorized enforcement officer of a federal, state, Canadian, Mexican or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation, is out-of-service pursuant to 49 CFR 386.72, 49 CFR 392.5, 49 CFR 392.9(a), 49 CFR 395.13, 49 CFR 396.9, or 92 Ill. Adm. Code 392.2000(d), or compatible laws, or the North American Uniform Out-of-Service Criteria as defined in this Section.
"Person" means any natural person or individual, governmental body, firm, association, partnership, copartnership, joint venture, company, corporation joint stock company, trust, estate or any other legal entity or their legal representative, agent or assigns. (Section 18b-101 of the Law)
"Planting and harvesting season" means the period of January 1 through December 31 each year.
"Previous employer" means any USDOT or Department regulated person who employed the driver in the preceding three years, including any possible current employer.
"Principal place of business" means a single location designated by the motor carrier, normally its headquarters, for purposes of identification under this Subchapter d. The motor carrier must make records required by 92 Ill. Adm. Code 340, 380, 382, 383, 385, 387, 390, 391, 395, 396 and 397, available for inspection at its principal place of business within 48 hours (Saturdays, Sundays and federal or State holidays excluded) after a request has been made by a special agent or authorized representative of the Federal Motor Carrier Safety Administration or the Illinois Department of Transportation.
"Private motor carrier" means a person who provides transportation of property or passengers, by commercial motor vehicle, and is not a for-hire motor carrier.
(49 CFR 390.5)
"Private motor carrier of passengers (business)" means a private motor carrier engaged in the interstate or intrastate transportation of passengers that is provided in the furtherance of a commercial enterprise and is not available to the public at large.
"Private motor carrier of passengers (nonbusiness)" means a private motor carrier involved in the interstate or intrastate transportation of passengers that does not otherwise meet the definition of a private motor carrier of passengers (business). (49 CFR 390.5)
"Radar detector" means any device or mechanism to detect the emission of radio microwaves, laser beams or any other future speed measurement technology employed by enforcement personnel to measure the speed of commercial motor vehicles upon public roads and highways for enforcement purposes. Excluded from this definition are radar detection devices that meet both of the following requirements:
Transported outside the driver's compartment of the commercial motor vehicle. For this purpose, the driver's compartment of a passenger-carrying CMV shall include all space designed to accommodate both the driver and the passengers; and
Completely inaccessible to, inoperable by, and imperceptible to the driver while operating the commercial motor vehicle. (49 CFR 390.5)
"Regional Director of Motor Carriers" means the Field Administrator, Federal Motor Carrier Safety Administration, for a given geographical area of the United States. (49 CFR 390.5)
"Residential district" means the territory adjacent to and including a highway that is not a business district and for a distance of 300 feet or more along the highway is primarily improved with residences. (49 CFR 390.5)
"Safety permit" means a document issued by the Federal Motor Carrier Safety Administration that contains a permit number and confers authority to transport in commerce the hazardous materials listed in 49 CFR 385.403. (49 CFR 385.402)
"School bus" means a motor vehicle that meets all of the special requirements for school buses in Sections 12-801, 12-802, 12-803 and 12-805 of the Code and is designed or used to carry more than 10 passengers, including the driver, and is used for transporting preprimary, primary or secondary school students from home to school or from school to home or for intrastate school sanctioned functions.
"School bus operation" means the use of a school bus to transport only school children and/or school personnel from home to school and from school to home and for intrastate school sanctioned functions.
"Secretary" means the Secretary of the Illinois Department of Transportation.
"Single-employer driver" means a driver who, in any period of seven consecutive days, is employed or used as a driver solely by a single motor carrier. This term includes a driver who operates a commercial motor vehicle on an intermittent, casual, or occasional basis. (49 CFR 390.5)
"Special agent" − See 49 CFR appendix B to subchapter B of chapter III.
"Special agricultural movement equipment" means a vehicle of the second division having a corn sheller, a welldriller, hay press, clover huller, feed mixer and unloader or other farm machinery permanently mounted thereon and used solely for transporting the same, farm wagon type trailers having a fertilizer spreader attachment permanently mounted thereon, having a gross weight of not to exceed 36,000 pounds and farm wagon type tank trailers (i.e., nurse tanks) not to exceed 3,000 gallon capacity. Also includes any single unit self-propelled agricultural fertilizer implement, designed for both on and off road use, equipped with flotation tires and otherwise especially adapted for the application of plant food materials or agricultural chemicals. (Section 3-809 of the Code)
"State" (lower case) means a state of the United States and the District of Columbia and includes a political subdivision of a state. (49 CFR 390.5) "State" (capitalized) means the State of Illinois.
"Texting" means manually entering alphanumeric text into, or reading text from, an electronic device. This action includes, but is not limited to, short message service, emailing, instant messaging, a command or request to access a World Wide Web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry, for present or future communication. Texting does not include:
Inputting, selecting, or reading information on a global positioning system or navigation system; or
Pressing a single button to initiate or terminate a voice communication using a mobile telephone; or
Using a device capable of performing multiple functions (e.g., fleet management systems, dispatching devices, smart phones, citizens band radios, music players, etc.) for a purpose that is not otherwise prohibited in this Part. (49 CFR 390.5)
"Trailer" includes:
"Full trailer" means any motor vehicle other than a pole trailer that is designed to be drawn by another motor vehicle and so constructed that no part of its weight, except for the towing device, rests upon the self-propelled towing motor vehicle. A semitrailer equipped with an auxiliary front axle (converter dolly) shall be considered a full trailer. (49 CFR 390.5)
"Pole trailer" means any motor vehicle that is designed to be drawn by another motor vehicle and attached to the towing motor vehicle by means of a "reach" or "pole," or by being "boomed" or otherwise secured to the towing motor vehicle, for transporting long or irregularly shaped loads such as poles, pipes, or structural members, which generally are capable of sustaining themselves as beams between the supporting connections. (49 CFR 390.5)
"Semitrailer" means any motor vehicle, other than a pole trailer, that is designed to be drawn by another motor vehicle and is constructed so that some part of its weight rests upon the self-propelled towing motor vehicle. (49 CFR 390.5)
"Truck" means any self-propelled commercial motor vehicle except a truck tractor, designed and/or used for the transportation of property. (49 CFR 390.5)
"Truck tractor" means a self-propelled commercial motor vehicle designed and/or used primarily for drawing other vehicles. (49 CFR 390.5)
"United States" means the 50 states and the District of Columbia. (49 CFR 390.5)
"USDOT" means the United States Department of Transportation.
"Use a hand-held mobile telephone" means:
Using at least one hand to hold a mobile telephone to conduct a voice communication;
Dialing or answering a mobile telephone by pressing more than a single button; or
Reaching for a mobile telephone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position and restrained by a seat belt that is installed in accordance with 49 CFR 393.93 and adjusted in accordance with the vehicle manufacturer's instructions. (49 CFR 390.5)
"Utility service vehicle" means any commercial motor vehicle:
Used in the furtherance of repairing, maintaining, or operating any structures or any other physical facilities necessary for the delivery of public utility services, including the furnishing of electric, gas, water, sanitary sewer, telephone, and television cable or community antenna service;
While engaged in any activity necessarily related to the ultimate delivery of such public utility services to consumers, including travel or movement to, from, upon, or between activity sites (including occasional travel or movement outside the service area necessitated by any utility emergency as determined by the utility provider); and
Except for any occasional emergency use, operated primarily within the service area of a utility's subscribers or consumers, without regard to whether the vehicle is owned, leased, or rented by the utility. (49 CFR 395.2)
(Recodified from 92 Ill. Adm. Code 390 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12549)
##### **92 Ill. Adm. Code 3320.1030** Rules of Construction {#sec-3320.1030 omnilex-key=us-il-regs-official--title-92--3320.1030}
a) In the IMCSR unless the context requires otherwise:
1) Words imparting the singular include the plural;
2) Words imparting the plural include the singular; and
3) Words imparting the present tense include the future tense. (49 CFR 390.7)
b) In the IMCSR:
1) "Officer" includes any person authorized by law to perform the duties of the office;
2) "Writing" includes printing and typewriting;
3) "Shall" is used in an imperative sense;
4) "Must" is used in an imperative sense;
5) "Should" is used in a recommendatory sense;
6) "May" is used in a permissive sense; and
7) "Includes" is used as a word of inclusion, not limitation. (49 CFR 390.7)
(Recodified from 92 Ill. Adm. Code 390 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12549)
##### **92 Ill. Adm. Code 3320.2000** Incorporation by Reference {#sec-3320.2000 omnilex-key=us-il-regs-official--title-92--3320.2000}
a) The Department incorporates by reference 49 CFR 390, as that part of the Federal Motor Carrier Safety Regulations (FMCSR) (49 CFR 380, 382, 383, 385, appendix B of 386, 387, 390, 391, 392, 393, 395, 396 and 397) was in effect on October 1, 2014, , subject only to the exceptions in subsection (b). No later amendments to or editions of 49 CFR 390 are incorporated. Copies of the appropriate material are available from the Division of Traffic Safety, 1340 N. 9th Street, Springfield, Illinois 62702 or by calling 217/785-1181. The FMCSR are available on the National Archives and Records Administration's website at http://ecfr.gpoaccess.gov. The Division of Traffic Safety's rules are available on the Department's website at http://www.dot.il.gov/safety.html.
b) The following interpretations of, additions to and deletions from 49 CFR 390 shall apply for the purposes of this Subpart:
1) 49 CFR 390.subpart A is deleted and not incorporated.
2) 49 CFR 390.9 is deleted and not incorporated.
3) 49 CFR 390.19 and 49 CFR 390.21 apply to the following:
A) Commercial motor vehicles engaged in interstate commerce; and
B) Commercial motor vehicles engaged in intrastate commerce if the carrier requires a safety permit as required by 49 CFR 385.403.
4) Commercial motor vehicles subject to the safety permit requirements of 49 CFR 385.403 and engaged in intrastate commerce prior to January 1, 2005 are excepted from 49 CFR 390.19(a)(1).
5) 49 CFR 390.23(a)(2)(i)(A) is not incorporated and the following is substituted:
An emergency has been declared by a Federal, State, or local government official having authority to declare an emergency, including but not limited to the Illinois Department of Transportation's Director, Division of Traffic Safety, or his or her designee.
6) 49 CFR 390.39(b)(1) is deleted and not incorporated.
7) 49 CFR 390.40(a) and (b) do not apply to intermodal equipment providers who operate intermodal equipment in intrastate commerce.
8) 49 CFR 390.103(a)(1) is not incorporated and the following is substituted:
Be licensed, certified or registered in accordance with applicable State laws and regulations to perform physical examinations. In Illinois, the term includes doctors of medicine, doctors of osteopathy, doctors of chiropractic, physician assistants who have been delegated the performance of medical examinations by their supervising physicians, and advanced practice nurses who have a written collaborative agreement with a collaborating physician that authorizes them to perform physical examinations.
9) 49 CFR 390.subpart E does not apply to commercial motor vehicles used in intrastate commerce.
10) Any reference to "this part" in the incorporated material shall mean 92 Ill. Adm. Code 390.
11) Any reference to "this chapter" or "this subchapter" in the incorporated material shall mean 92 Ill. Adm. Code: Chapter I, Subchapter d.
12) Any reference to a section in the incorporated material shall be read to refer to that Section in the IMCSR.
13) Any reference to "part 325 of subchapter A" shall be read to refer to "Compliance with Interstate Motor Carrier Noise Emission Standards" (49 CFR 325).
(Recodified from 92 Ill. Adm. Code 390 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12549)
##### **92 Ill. Adm. Code 3340.1000** Purpose and Applicability {#sec-3340.1000 omnilex-key=us-il-regs-official--title-92--3340.1000}
a) This Part establishes the minimum qualifications for persons who drive commercial motor vehicles.
b) This Part does not apply to a farm vehicle driver except a farm vehicle driver who drives an articulated (combination) motor vehicle that has a gross weight, including its load, of more than 10,000 pounds. (For limited exemptions for farm vehicle drivers of heavier articulated vehicles see 49 CFR 391.67.) This Part does not apply to the driver of any intrastate articulated vehicle that meets the definition of special agricultural movement equipment, farm machinery or implement of husbandry as defined in 92 Ill. Adm. Code 390.1020.
AGENCY NOTE: See Section 391.2000(c)(8) for covered farm vehicle exemption.
(Recodified from 92 Ill. Adm. Code 391 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12551)
##### **92 Ill. Adm. Code 3340.2000** Incorporation by Reference of 49 CFR 391 {#sec-3340.2000 omnilex-key=us-il-regs-official--title-92--3340.2000}
a) The Department hereby incorporates by reference 49 CFR 391 as that part of the Federal Motor Carrier Safety Regulations (FMCSR) (49 CFR subchapter B) was in effect on October 1, 2018, subject only to the exceptions in subsection (c). No later amendments to or editions of 49 CFR 391 are incorporated. Copies of 49 CFR 391 are available for inspection at 2300 South Dirksen Parkway, Springfield, Illinois 62764 or by calling 217/785-1181. The incorporated CFR may also be accessed via the U.S. Government Publishing Office's website at http://www.ecfr.gov.
b) References to subchapters, parts, subparts, sections, or paragraphs shall be read to refer to the appropriate citation in 49 CFR 391.
c) The following interpretations of, additions to, and deletions from 49 CFR 391 shall apply for purposes of this Part.
1) Authorized Illinois State Police shall place drivers out-of-service for any violation of the Illinois Motor Carrier Safety Law (the Law) [625 ILCS 5/Ch. 18b] or the Illinois Motor Carrier Safety Regulations that warrants placing the driver out-of-service under the "North American Uniform Out-of-Service Criteria" as defined at 92 Ill. Adm. Code 390.1020. Drivers of covered farm vehicles, as defined in 92 Ill. Adm. Code 390.1020 cannot be placed out-of-service for violations of 49 CFR 391, subpart E.
2) 49 CFR 391.11(b)(1) does not apply to the operator of a commercial motor vehicle used in intrastate commerce.
3) Paragraphs (b)(3) (insulin dependent diabetic) and (b)(10) (minimum visual acuity) of 49 CFR 391.41 shall not apply to the driver of a commercial motor vehicle with a gross vehicle weight rating or gross combination weight of over 12,000 lbs., used in the intrastate transportation of property who immediately prior to July 29, 1986 was eligible and licensed to operate a motor vehicle subject to the Illinois Motor Carrier Safety Regulations (IMCSR) and was engaged in operating such vehicles, and who was disqualified on July 29, 1986 by the adoption of 49 CFR 391 by reason of the application of paragraphs (b)(3) and (b)(10) of 49 CFR 391.41 with respect to a physical condition existing at that time unless such driver has a record of accidents which would indicate a lack of ability to operate a motor vehicle in a safe manner. (Section 18b-105 of the Law)
4) Paragraphs (b)(3) (insulin dependent diabetic) and (b)(10) (minimum visual acuity) of 49 CFR 391.41 shall not apply to the driver of a commercial motor vehicle that either has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR) of between 10,000 and 12,001 pounds; or that is designed to transport more than 15 passengers, including the driver; or that has a GVWR or GCWR of less than 12,001 pounds and transports hazardous materials in a quantity requiring placarding under the Illinois Hazardous Materials Transportation Act [430 ILCS 30]. The vehicle must be used in intrastate transportation. The driver must have been eligible and licensed to operate a motor vehicle subject to the IMCSR and engaged in operating that vehicle immediately prior to January 17, 1992. The driver must have been disqualified on January 17, 1992 by the adoption of Public Act 87-829 that made the IMCSR applicable to vehicles described in this subsection (c)(4). The reason for disqualification must have been the application of paragraphs (b)(3) and (b)(10) of 49 CFR 391.41 with respect to a physical condition existing at that time. This exception does not apply to any driver who has a record of accidents that would indicate a lack of ability to operate a motor vehicle in a safe manner.
5) 49 CFR 391.43(a) is not incorporated and the following is substituted:
Except as provided by 49 CFR 391.43(b), the medical examination shall be performed by a licensed medical examiner as defined in 92 Ill. Adm. Code 390.1020.
6) If a medical examiner determines that the driver is qualified to drive only in intrastate transportation due to the application of the provisions of subsection (c)(3) or (c)(4), the following shall appear on the medical examiner's certificate: "Qualified only for intrastate transportation in Illinois."
7) 49 CFR 391.49(a) is not incorporated and the following is substituted:
A person who is not physically qualified to drive under 49 CFR 391, and who is otherwise qualified to drive a commercial motor vehicle, may drive a commercial motor vehicle in interstate or intrastate transportation if the Division Administrator, FMCSA, has granted a Skill Performance Evaluation (SPE) Certificate to that person.
8) 49 CFR 391, subpart E, Physical Qualifications and Examinations, does not apply to drivers of covered farm vehicles as defined in 92 Ill. Adm. Code 390.1020.
(Recodified from 92 Ill. Adm. Code 391 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12551)
##### **92 Ill. Adm. Code 3360.1000** General {#sec-3360.1000 omnilex-key=us-il-regs-official--title-92--3360.1000}
This Part prescribes the requirements for the management, maintenance, operation, or driving of motor vehicles, or the hiring, supervising, training, assigning, or dispatching of drivers in Illinois.
(Recodified from 92 Ill. Adm. Code 392 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12553)
##### **92 Ill. Adm. Code 3360.2000** Incorporation by Reference of 49 CFR 392 {#sec-3360.2000 omnilex-key=us-il-regs-official--title-92--3360.2000}
a) "Driving of Commercial Motor Vehicles" (49 CFR 392) is incorporated by reference as that part of the Federal Motor Carrier Safety Regulations (FMCSR) (49 CFR 380, 382, 383, 385, appendix B of 386, 387, 390, 391, 392, 393, 395, 396 and 397) was in effect on October 1, 2014. No later amendments to or editions of 49 CFR 392 are incorporated. Copies of the appropriate material are available from the Division of Traffic Safety, 1340 N. 9th Street, Springfield, Illinois 62702 or by calling 217/785-1181. The FMCSR are available on the National Archives and Records Administration's website at http://ecfr.gpoaccess.gov. The Division of Traffic Safety's rules are available on the Department's website at http://www.dot.il.gov/safety.html.
b) References to subchapters, parts, subparts, sections or paragraphs shall be read to refer to the appropriate citation in the FMCSR.
c) The following addition to 49 CFR 392 shall apply for purposes of this Part.
Authorized Illinois State Police shall place drivers out-of-service for any violation of the Illinois Motor Carrier Safety Law [625 ILCS 5/Ch. 18B] or the Illinois Motor Carrier Safety Regulations that warrants placing the driver out-of-service under the "North American Uniform Out-of-Service Criteria" as defined at 92 Ill. Adm. Code 390.1020.
d) 49 CFR 392.9a (Operating authority) is not incorporated and the following is substituted therefor:
1) Registration required. A motor vehicle providing transportation requiring registration under 49 USC 13902 may not be operated without the required registration or operated beyond the scope of its registration.
2) Penalties. Every motor vehicle providing transportation requiring registration under 49 USC 13902 shall be ordered out-of-service if determined to be operating without registration or beyond the scope of its registration. In addition, the motor carrier may be subject to penalties in accordance with 49 USC 14901.
3) Driver compliance. Upon the issuance of the out-of-service order under subsection (d)(2), the driver shall comply immediately with the order.
e) 49 CFR 392.9b (Prohibited transportation) does not apply to a commercial motor vehicle used in intrastate commerce.
(Recodified from 92 Ill. Adm. Code 392 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12553)
##### **92 Ill. Adm. Code 3380.1000** General {#sec-3380.1000 omnilex-key=us-il-regs-official--title-92--3380.1000}
This Part prescribes the requirements for parts and accessories necessary for safe operation of a commercial motor vehicle in Illinois.
(Recodified from 92 Ill. Adm. Code 393 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12555)
##### **92 Ill. Adm. Code 3380.2000** Incorporation by Reference of 49 CFR 393 {#sec-3380.2000 omnilex-key=us-il-regs-official--title-92--3380.2000}
a) "Parts and Accessories Necessary for Safe Operation" (49 CFR 393) is incorporated by reference as that part of the Federal Motor Carrier Safety Regulations (FMCSR) (49 CFR 380, 382, 383, 385, appendix B of 386, 387, 390, 391, 392, 393, 395, 396 and 397) was in effect on October 1, 2014, subject only to the exceptions in subsection (c). No later amendments to or editions of 49 CFR 393 are incorporated. Copies of the appropriate material are available from the Division of Traffic Safety, 1340 N. 9th Street, Springfield, Illinois 62702 or by calling 217/785-1181. The FMCSR are available on the National Archives and Records Administration's website at http://ecfr.gpoaccess.gov. The Division of Traffic Safety's rules are available on the Department's website at http://www.dot.il.gov/safety.html.
b) References to subchapters, parts, subparts, sections or paragraphs shall be read to refer to the appropriate citation in 49 CFR.
c) The following interpretations of, additions to, and deletions from 49 CFR 393 shall apply for purposes of this Part.
1) 49 CFR 393.86 shall not apply for those vehicles registered as farm trucks under Section 3-815(c) of the Illinois Vehicle Code [625 ILCS 5/3-815(c)] and utilized in intrastate commerce (Section 18b-105(c)(2) of the Illinois Motor Carrier Safety Law (the Law) [625 ILCS 5/18b-105(c)(2)]).
2) 49 CFR 393.93 shall not apply to those commercial motor vehicles engaged in intrastate commerce that were manufactured before June 30, 1972 (Section 18b-105(c)(1) of the Law).
3) Authorized Illinois State Police shall place vehicles out-of-service for any violation of the Law or the Illinois Motor Carrier Safety Regulations that warrants placing the vehicle out-of-service under the "North American Uniform Out-of-Service Criteria" as defined at 92 Ill. Adm. Code 390.1020.
(Recodified from 92 Ill. Adm. Code 393 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12555)
##### **92 Ill. Adm. Code 3400.1000** Purpose and Applicability {#sec-3400.1000 omnilex-key=us-il-regs-official--title-92--3400.1000}
a) This Part prescribes the hours of service requirements for drivers of commercial motor vehicles in Illinois.
b) This Part does not apply to:
1) Drivers of utility service vehicles or of covered farm vehicles.
2) Farm to market agricultural transportation that is engaged in intrastate commerce.
3) Grain hauling operations that are engaged in intrastate commerce within a 200 air mile radius of the normal work reporting location.
c) See 92 Ill. Adm. Code 390 for definitions of terms or phrases used in this Part.
(Recodified from 92 Ill. Adm. Code 395 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12557)
##### **92 Ill. Adm. Code 3400.1500** Enforcement {#sec-3400.1500 omnilex-key=us-il-regs-official--title-92--3400.1500}
a) All employees of the Illinois State Police that are trained and certified to conduct commercial vehicle inspections are authorized to declare a driver out of service, consistent with their level of certification, and to notify the motor carrier of that declaration. Notification to the motor carrier is accomplished when the Illinois State Police presents the Driver/Vehicle Inspection (Examination) Report to the driver.
b) Only the Illinois State Police shall enforce the rules and regulations issued under Chapter 18b of the Illinois Vehicle Code against drivers. The Department and the Illinois State Police shall enforce the rules and regulations issued under Chapter 18b against persons other than drivers. (Section 18b-109 of the Illinois Motor Carrier Safety Law (the Law))
(Recodified from 92 Ill. Adm. Code 395 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12557)
##### **92 Ill. Adm. Code 3400.2000** Incorporation by Reference of 49 CFR 395 {#sec-3400.2000 omnilex-key=us-il-regs-official--title-92--3400.2000}
a) "Hours of Service of Drivers" (49 CFR 395) is incorporated by reference as that part of the Federal Motor Carrier Safety Regulations (FMCSR) (49 CFR Subchapter B) was in effect on October 1, 2019, as amended by 85 FR 33396 (June 1, 2020), subject only to the exceptions in subsection (c). No later amendments to or editions of 49 CFR 395 are incorporated. Copies of 49 CFR 395 are available for inspection at 2300 South Dirksen Parkway, Springfield, Illinois 62764 or by calling (217)785-1181. The incorporated CFR may also be accessed via the U.S. Government Publishing Office's website at http://www.ecfr.gov.
b) References to subchapters, parts, subparts, sections, or paragraphs shall be read to refer to the appropriate citation in 49 CFR.
c) 49 CFR 395.1(h) and 395.1(i) are not incorporated.
d) A contract carrier shall limit the hours of service by a driver transporting employees in the course of their employment on a road or highway of this State in a vehicle designed to carry 15 or fewer passengers to 12 hours of vehicle operation per day, 15 hours of on-duty service per day, and 70 hours of on-duty service in 7 consecutive days. The contract carrier shall require a driver who has 12 hours of vehicle operation per day or 15 hours of on-duty service per day to have at least 8 consecutive hours off duty before operating a vehicle again. (Section 18b-106.1 of the Law) If the driver drives over 12 hours per day or performs more than 15 hours of on-duty service per day, the driver must complete a log book for that day.
(Recodified from 92 Ill. Adm. Code 395 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12557)
##### **92 Ill. Adm. Code 3420.1000** Purpose and Applicability {#sec-3420.1000 omnilex-key=us-il-regs-official--title-92--3420.1000}
a) This Part prescribes the requirements for the inspection, repair and maintenance of commercial motor vehicles in Illinois.
b) This Part does not apply to covered farm vehicles (as defined in 92 Ill. Adm. Code 390.1020) that are used in interstate commerce.
(Recodified from 92 Ill. Adm. Code 396 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12559)
##### **92 Ill. Adm. Code 3420.2000** Incorporation by Reference of 49 CFR 396 {#sec-3420.2000 omnilex-key=us-il-regs-official--title-92--3420.2000}
a) The Department incorporates "Inspection, Repair and Maintenance" (49 CFR 396) by reference, as that part of the Federal Motor Carrier Safety Regulations (FMCSR) (49 CFR 380, 382, 383, 385, appendix B of 386, 387, 390, 391, 392, 393, 395, 396 and 397) was in effect on October 1, 2014, subject only to the exceptions in subsection (c). No later amendments to or editions of 49 CFR 396 are incorporated. Copies of the appropriate material are available from the Division of Traffic Safety, 1340 N. 9th Street, Springfield, Illinois 62702 or by calling 217/785-1181. The FMCSR are available on the National Archives and Records Administration's website at http://ecfr.gpoaccess.gov. The Division of Traffic Safety's rules are available on the Department's website at http://www.dot.il.gov/safety.html.
b) References to subchapters, parts, subparts, sections or paragraphs shall be read to refer to the appropriate citation in 49 CFR.
c) The following interpretations of, additions to and deletions from 49 CFR 396 shall apply for purposes of this Part.
1) 49 CFR 396.9 is deleted and not incorporated.
2) Any commercial motor vehicle used in intrastate commerce that is inspected semi-annually pursuant to Section 13-109 of the Illinois Vehicle Code (the Code) [625 ILCS 5/13-109] has complied with the periodic inspection procedures required by 49 CFR 396.17.
(Recodified from 92 Ill. Adm. Code 396 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12559)
##### **92 Ill. Adm. Code 3420.2010** Inspection of Vehicles in Operation {#sec-3420.2010 omnilex-key=us-il-regs-official--title-92--3420.2010}
a) Personnel Authorized to Perform Inspections. The Illinois State Police are authorized to enter upon and perform commercial vehicle inspections (as defined in 92 Ill. Adm. Code 390.1020) of motor carrier vehicles in operation.
b) Prescribed Inspection Report. The Illinois Commercial Driver/Vehicle Inspection Report (ISP 5-238) shall be used to record results of motor vehicle inspections conducted by Illinois State Police personnel.
c) Motor Vehicles Declared "Out-of-Service"
1) Authorized Illinois State Police personnel shall declare and mark "out-of-service" any motor vehicle which meets the "North American Uniform Out-of-Service Criteria" as defined at 92 Ill. Adm. Code 390.1020. An "out-of-service" vehicle sticker shall be used to mark vehicles "out-of-service".
2) No motor carrier shall require or permit any person to operate nor shall any person operate any motor vehicle declared and marked, "out-of-service" until all repairs required by the "out-of-service notice" have been satisfactorily completed. The term "operate" as used in this subsection (c)(2) shall include towing the vehicle, except that vehicles marked "out-of-service" may be towed away by means of a vehicle using a crane or hoist. A vehicle combination consisting of the emergency towing vehicle and an "out-of-service" vehicle shall not be operated until the combination meets the performance requirements of the Illinois Motor Carrier Safety Regulations (IMCSR) (92 Ill. Adm. Code: Chapter I, Subchapter d) except for those conditions noted on the ISP 5-238.
3) No person shall remove the "out-of-service vehicle" sticker from any motor vehicle prior to completion of all repairs required by the "out-of-service notice."
d) Motor Carrier's Disposition
1) The driver of any motor vehicle receiving an ISP 5-238 shall deliver it to the motor carrier operating the vehicle upon his/her arrival at the next terminal or facility. If the driver is not scheduled to arrive at a terminal or facility of the motor carrier operating the vehicle within 24 hours, the driver shall immediately mail the report to the motor carrier.
2) Motor carriers shall examine the report. Violations or defects noted on the report shall be corrected.
3) Within 15 days following the date of the inspection, motor carriers shall certify that all violations noted have been corrected by completing the reverse side of the ISP 5-238 and returning it to the Illinois State Police Commercial Vehicle Enforcement Bureau's address indicated on the report.
4) The motor carrier shall retain a copy of the ISP 5-238 at the motor carrier's principal place of business or where the vehicle is housed for 12 months from the date of the inspection.
e) This Section does not apply to covered farm vehicles (as defined in 92 Ill. Adm. Code 390.1020) or to the drivers of those vehicles when the vehicles are used in interstate commerce.
(Recodified from 92 Ill. Adm. Code 396 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12559)
##### **92 Ill. Adm. Code 3440.1000** General {#sec-3440.1000 omnilex-key=us-il-regs-official--title-92--3440.1000}
This Part prescribes the requirements for driving and parking for each motor carrier engaged in the transportation of hazardous materials by a motor vehicle in Illinois.
(Recodified from 92 Ill. Adm. Code 397 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12561)
##### **92 Ill. Adm. Code 3440.1010** Application {#sec-3440.1010 omnilex-key=us-il-regs-official--title-92--3440.1010}
a) This Part applies to each motor carrier engaged in the transportation of hazardous materials by a motor vehicle which must be marked or placarded in accordance with "Carriage by Public Highway" (49 CFR 177.823) and to:
1) Each officer or employee of the motor carrier who performs supervisory duties related to the transportation of hazardous materials; and
2) Each person who operates or who is in charge of a motor vehicle containing hazardous materials.
b) Each person designated in subsection (a) must know and obey the rules in this Part.
c) This Part does not apply to the transportation in Illinois of hazardous materials by a farmer when in approved containers and in the amounts and manner specified in 92 Ill. Adm. Code 171.22, Agricultural Exception.
(Recodified from 92 Ill. Adm. Code 397 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12561)
##### **92 Ill. Adm. Code 3440.1020** Incorporation By Reference of 49 CFR 397 {#sec-3440.1020 omnilex-key=us-il-regs-official--title-92--3440.1020}
a) The Department incorporates "Transportation of Hazardous Materials; Driving and Parking" (49 CFR 397) by reference as that part of the Federal Motor Carrier Safety Regulations (FMCSR) (49 CFR 380, 382, 383, 385, appendix B of 386, 387, 390, 391, 392, 393, 395, 396 and 397) was in effect on October 1, 2014, subject only to the exceptions in subsections (b) and (c). No later amendments to or editions of 49 CFR 397 are incorporated. Copies of the appropriate material are available from the Division of Traffic Safety, 1340 N. 9th Street, Springfield, Illinois 62702 or by calling 217/785-1181. The FMCSR are available on the National Archives and Records Administration's website at http://ecfr.gpoaccess.gov. The Division of Traffic Safety's rules are available on the Department's website at http://www.dot.il.gov/safety.html.
b) 49 CFR 397.1 is deleted and not incorporated.
c) 49 CFR 397.2 is deleted and not incorporated.
d) References to subchapters, parts, subparts, sections or paragraphs shall be read to refer to the appropriate citation in 49 CFR.
e) The following addition to 49 CFR 397 shall apply for purposes of this Part.
Authorized Illinois State Police shall place drivers out-of-service for any violation of the Illinois Motor Carrier Safety Law [625 ILCS 5/Ch. 18B] or the Illinois Motor Carrier Safety Regulations that warrants placing the driver out-of-service under the "North American Uniform Out-of-Service Criteria" as defined at 92 Ill. Adm. Code 390.1020.
(Recodified from 92 Ill. Adm. Code 397 (Department of Transportation) pursuant to P.A. 104-0025, at 49 Ill. Reg. 12561)
##### **92 Ill. Adm. Code 3500.100** Definitions {#sec-3500.100 omnilex-key=us-il-regs-official--title-92--3500.100}
Terms defined in the O'Hare Driver Safety Act [625 ILCS 80] have the same meanings when used in this Part. The following additional definitions also apply to this Part unless the context clearly requires a different meaning:
"Act" means O'Hare Driver Safety Act [625 ILCS 80].
"Civil Penalty" means a monetary fine imposed as a non-criminal punishment for violating the Act.
"Director" means the Director of the Illinois State Police.
##### **92 Ill. Adm. Code 3500.110** Related Statutes {#sec-3500.110 omnilex-key=us-il-regs-official--title-92--3500.110}
a) The Illinois Vehicle Code [625 ILCS 5].
b) The Administrative Review Law [735 ILCS 5/Art. III].
c) The Illinois Administrative Procedure Act [5 ILCS 100].
##### **92 Ill. Adm. Code 3500.200** Procurement and Installation of Automated Traffic Safety Systems {#sec-3500.200 omnilex-key=us-il-regs-official--title-92--3500.200}
The Illinois State Police shall procure, install, and maintain all equipment associated with the automated traffic safety system under this Act. The Illinois State Police will determine which routes within a one-half mile radius of the eastern entrance to O'Hare International Airport and the intersection of Interstate 90 and Interstate 294 will be equipped with the automated traffic safety devices. Once the routes have been identified, the Illinois State Police will work with the appropriate highway agencies to post signage visible to the motoring public indicating that stopping or standing along the route is prohibited and that the route is being monitored by an automated traffic safety system. [625 ILCS 80/15]
##### **92 Ill. Adm. Code 3500.210** Recorded Image Usage {#sec-3500.210 omnilex-key=us-il-regs-official--title-92--3500.210}
If an alleged violator contests the notice of violation issued under this Act, the recorded image shall be admissible as evidence in any administrative hearing held pursuant to this Act.
##### **92 Ill. Adm. Code 3500.220** Establishment of the Website {#sec-3500.220 omnilex-key=us-il-regs-official--title-92--3500.220}
The Illinois State Police shall establish a link accessible through the Illinois State Police webpage at isp.illinois.gov which will allow the alleged violator access to view the recorded images captured by the automated traffic safety system.
##### **92 Ill. Adm. Code 3500.300** Civil Penalty and Fine {#sec-3500.300 omnilex-key=us-il-regs-official--title-92--3500.300}
A person who violates this Act shall be subject to a $100 fine for each offense. [625 ILCS 80/25]
##### **92 Ill. Adm. Code 3500.400** Notice of Violation {#sec-3500.400 omnilex-key=us-il-regs-official--title-92--3500.400}
a) The Illinois State Police shall issue written notice of a violation of this Act recorded by an automated traffic safety system to the registered owner of the vehicle as the alleged violator. Notice shall be mailed to the registered owner within 30 days after identifying the registered owner. In no event shall the notice be mailed more than 90 days after the violation.
b) The notice shall include:
1) the name and address of the registered owner of the vehicle;
2) the registration number of the motor vehicle involved in the violation;
3) the violation charged;
4) the location where the violation occurred;
5) the date and time of the violation;
6) a copy of the recorded images;
7) the amount of the civil penalty imposed and the date by which the civil penalty must be paid;
8) a statement that recorded images are evidence of a violation of stopping or standing in a restricted area;
9) a warning that failure to pay the civil penalty, to petition the Illinois State Police to review the violation, or to request an administrative hearing to contest the violation is an admission of liability;
10) a statement that the person may elect to proceed by:
A) paying the fine; or
B) petitioning the Illinois State Police to review the violation; and
11) a website address, accessible through the Internet, where the person may view the recorded images of the violation. [625 ILCS 80/25]
c) Along with the notice, the Illinois State Police will send the alleged violator a "Petition to Review Violation – O'Hare Driver Safety" form. The "Petition to Review Violation – O'Hare Driver Safety" form may also be found on the Illinois State Police webpage under the Forms tab.
##### **92 Ill. Adm. Code 3500.410** Petition for Review {#sec-3500.410 omnilex-key=us-il-regs-official--title-92--3500.410}
a) When the Illinois State Police sends the Notice of Violation, a "Petition to Review Violation – O'Hare Driver Safety" form will be included. The alleged violator will have 30 business days from the date the Notice of Violation was received to petition the Illinois State Police to review the violation. The notification shall be deemed received on the third business day after it was mailed by the Illinois State Police. The petition for review shall include any supporting evidence and documentation.
b) If the alleged violator does not petition the Illinois State Police within 30 business days after receiving the Notice of Violation, no further review will be permitted.
c) If the alleged violator submits a completed petition, as well as any supporting evidence and documentation, the Illinois State Police will, within 30 days of receipt, review the petition and documentation and act on the petition as follows:
1) If there is sufficient information to warrant dismissal of the violation, the Illinois State Police will dismiss the violation and send a letter to the alleged violator advising of the dismissal.
2) If there is insufficient information to warrant dismissal of the violation, the Illinois State Police will mail a letter notifying the alleged violator that the violation was not dismissed and include with the response a "Request for Hearing – O'Hare Driver Safety" form advising the alleged violator that they may request an administrative hearing within 30 days after the receipt of the notification. The notification shall be deemed received on the third business day after it was mailed by the Illinois State Police. The "Request for Hearing – O'Hare Driver Safety" form may also be found on the Illinois State Police webpage under the Forms tab.
##### **92 Ill. Adm. Code 3500.420** Administrative Review {#sec-3500.420 omnilex-key=us-il-regs-official--title-92--3500.420}
a) Request For Hearing.
Prior to requesting an administrative hearing, the alleged violator must submit a petition for review as set forth in Section 3500.410. If the petition for review is denied, the alleged violator shall submit the "Request for Hearing – O'Hare Driver Safety" form challenging the denial of the petition for review within 30 days after the date of the Illinois State Police's denial letter.
b) Hearings.
1) If the alleged violator requests an administrative hearing within 30 days after receiving notice as set forth in Section 3500.410(c), an administrative law judge, appointed by the Director, shall conduct the hearing;
2) The administrative law judge shall determine the date and time of the hearing. All hearings shall be conducted remotely via video or telephone conferencing;
3) Failure of the alleged violator to appear on the date set for hearing or to proceed as ordered by the administrative law judge shall constitute a default by the alleged violator;
4) Alleged violators may be represented by counsel and may present evidence related to the charges;
5) The administrative law judge may consider in defense of the charge that the motor vehicle, or registration plates of the motor vehicle, were stolen before the violation occurred and not under the control of or in the possession of the owner at the time of the violation;
6) The administrative law judge shall issue a recommendation regarding the charged violation to the Director within 45 days after conclusion of the hearing. The recommendation shall be in writing and shall include all relevant findings of fact based upon the evidence presented at the hearing; and
7) The Director shall be provided with a copy of the entire record, including, but not limited to, the recommendation of the administrative law judge, and shall issue a final administrative decision regarding the violation within 30 days after receiving the record.
8) The final administrative decision regarding the violation is subject to judicial review pursuant to the Administrative Review Law [735 ILCS 5/Art. III].Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.